§ 9-28-109 — Notice of move in foster care placement

(a) The policy of the State of Arkansas is that each child placed in the custody of the Department of Human Services should have stable placements. (b) (1) To reduce the number of placements of children in foster care, if a foster parent requests a foster child be removed from his or her home at any time, excluding an emergency that places the child or a family member at risk of harm, then the foster parent shall attend a staffing that shall be arranged by the Division of Children and Family Services within forty-eight (48) hours to discuss what services or assistance is needed to stabilize the placement. (2) The foster child, the child's attorney ad litem, and a court-appointed special advocate, if appointed, shall be notified so that they may attend and participate in the staffing and planning for the placement of the child. (3) If the placement cannot be stabilized, the foster parent shall continue to provide for the foster child for up to five (5) business days until an appropriate alternative placement is located. (c) (1) Other changes in placement shall be made only after notification to the: (A) Foster child; (B) Foster parent or parents; (C) Child's attorney ad litem; (D) Child's birth parents; and (E) Court having jurisdiction over the child. (2) The notices shall: (A) Be sent in writing two (2) weeks before the proposed change in placement unless the current placement is a temporary placement under subdivision (d)(1) of this section; (B) State the reasons that justify the proposed change in placement; (C) Convey to the attorney ad litem the address of the proposed new foster home or placement provider; and (D) Convey to the child the name and telephone number of his or her attorney ad litem and a statement that if the child objects to the change in placement, the attorney ad litem may be able to assist the child in challenging the change in placement. (d) (1) Exceptions to the advance notice requirement shall be made if the: (A) Health or welfare of the child would be endangered by delaying a change in placement; or (B) Child is placed in a placement intended to be temporary until a stable placement can be located for the child in accordance with department policy. (2) Within twenty-four (24) hours of the change in placement the department shall: (A) Notify the birth parent of the change; (B) Notify the child's attorney ad litem of the change; and (C) Provide the attorney ad litem with the name, address, and telephone number of the new foster care home or placement provider. (3) Within seventy-two (72) hours of the change in placement, the department shall provide written notice to the attorney ad litem stating the specific reasons justifying the change of placement without advance notice. (e) (1) If an agent, employee, or contractor of the department fails to comply with this section, an action for violation of this section may be filed with the court by any party to the action against the person who failed to comply with this section with the assessment of punishment to be determined by the court. (2) If the court finds that the agent, employee, or contractor of the department failed to comply with this section, then the court may order the department or the agent, employee, or contractor to pay all the costs of the proceedings brought under this section.

Legislative History

Acts 2011, No. 591, § 1