§ 10A-1-4-805 — Change in foster or group home placement.

A. If a child placed in the custody of a child-placing agency or in the custody of the Department of Human Services by the court has resided with a foster parent or group home for three (3) or more months: 1. Except in an emergency, the Department or child-placing agency shall: a. give a minimum of five (5) judicial days' advance notice to the foster parent or group home and to the court before removing a child from such foster placement, and b. at the time of such notification, provide the foster parent or group home with a written statement of the reasons for removing a child; 2. An oral or written opinion may be provided to the court by a party, foster parent or representative of a group home where a child is placed in support of or in opposition to any change in the child's placement that is planned or under consideration by the Department or child-placing agency; 3. The court shall resolve any concerns raised by a party, foster parent or group home representative regarding a planned change in the child's placement during any hearing in which the concerns are brought to the attention of the court or the court may schedule an informal placement review hearing that shall be heard within fifteen (15) judicial days from the date the concerns are brought to the attention of the court. The court may, in its discretion, stay a proposed change in placement until the informal placement review hearing is held; and 4. The foster parent or group home representative shall, at any hearing, be entitled to submit to the court written reports or present testimony concerning the strengths, needs, behavior, important experiences, and relationships of the child, in addition to such other information the court may request. B. When a child is placed in the custody of the Department or any child-placing agency, the Department or child-placing agency shall have discretion to determine an appropriate foster placement for the child. Except as provided in this section, the Department or child-placing agency may remove a child in its custody from a foster placement whenever the Department or child-placing agency determines that removal is in the best interests of the deprived child. C. 1. In order to promote stability for foster children and limit repeated movement of such children from one foster placement to another, the Department or child-placing agency, except as otherwise provided by this subsection, shall not change the foster home or group home placement of a child without the approval of the court in the following circumstances: a. the court or other party receiving notice from the Department of the movement of the child has filed a written request for an informal hearing, as provided in Section 1-4-804 of this title, b. the court has stayed a planned change in a child's placement pending a judicial review due to a verbal or written objection made by a party or by a foster parent or group home representative during a court proceeding, or c. a foster parent or representative of a group home with whom the child has resided for more than six (6) months objects, in writing pursuant to the provisions of this subsection, after notice of the removal of the child by the Department or the child-placing agency. 2. The objection shall be filed with the court by the foster parent or group home and served on the Department or child-placing agency within five (5) judicial days after receipt of the notice from the Department or child-placing agency regarding removal of the child. The court shall provide for notice to other parties in the case. 3. Timely filing and service of the objection shall stay removal of the child pending review of the court unless the Department's or child-placing agency's stated reason for removal is due to an emergency. As used in this paragraph, "emergency" means a removal that is: a. pursuant to an order of the court entered during or following a hearing including, but not limited to, an order authorizing placement of a child with a parent or sibling, b. at the request of the foster parent or group home, c. for emergency medical or behavioral health treatment, d. due to substantial noncompliance by the foster parent or group home with applicable contract requirements and agreements such that the health, safety, or welfare of the child is in imminent danger, or e. due to a pending investigation of allegations of abuse or neglect of a child by a foster parent or other person residing in the foster family home or group home. 4. The court shall conduct an informal placement review hearing within fifteen (15) judicial days on any objection filed by a party, foster parent or group home pursuant to this section. The court may order that the child remain in or be returned to the home of the objecting foster parent or group home if the court finds that the placement decision of the Department or child-placing agency was arbitrary, inconsistent with the child's permanency plan or not in the best interests of the child.

Legislative History

Added by Laws 1996, c. 353, § 8, eff. Nov. 1, 1996. Amended by Laws 1997, c. 389, § 15, eff. Nov. 1, 1997; Laws 1998, c. 414, § 9, emerg. eff. June 11, 1998; Laws 2000, c. 374, § 35, eff. July 1, 2000; Laws 2002, c. 445, § 7, eff. Nov. 1, 2002; Laws 2009, c. 233, § 100, emerg. eff. May 21, 2009. Renumbered from § 7208 of Title 10 by Laws 2009, c. 233, § 251, emerg. eff. May 21, 2009. Amended by Laws 2014, c. 105, § 3, eff. Nov. 1, 2014. NOTE: Laws 1997, c. 386, § 13 repealed by Laws 1998, c. 5, § 29, emerg. eff. March 4, 1998.