foster care; removal of
child
HB 2555 requires the Department of Economic Security to give 48 hours written notice prior to the removal of a child from a foster care home without request.
HB 2555 contains a proposed Strike-Everything amendment as follows:
HB 2555 creates new requirements for the Department of Economic Security (DES) when removing a child from a foster care home, under the conditions that the removal is not from a shelter care provider and receiving foster parent, to place a child in permanent placement or that the removal is to protect the child from harm or risk of harm.
· Requires that DES inform a foster parent of the intent to remove a child, the intent to place a child in different foster care placement and the specific reason for the removal unless the removal is:
· From a shelter care provider or receiving foster parent.
· To place a child in permanent placement.
· To protect a child from harm or risk of harm.
· Stipulates that if the foster parent disagrees with the plan to remove the child and place the child in another foster home placement, then DES shall convene a case conference to review the reasons for removal.
· Requires that the foster parent and a member of the Foster Care Review Board (FCRB) participate in the case conference, and allows the foster parent to invite a representative to accompany the foster parent.
· States that DES shall provide notice to the foster parent and the FCRB of the time, date and location of the case conference and that the case conference shall be held within 72 hours of providing notice, excluding weekends and holidays.
· Stipulates that the child shall remain in the current placement pending the outcome of the case conference.
· Stipulates that if the decision made at the case conference is to remove the child from the foster home and the child:
· Is in the court ordered physical custody of the foster parent, then a FCRB member shall provide a recommendation to the court regarding the removal of the child prior to the change of physical custody, and the child shall remain in the current placement pending a court order for removal.
· Is not in the physical custody of the foster parent, the foster parent shall be advised of DES’s conflict resolution process, which shall be expedited by DES, and the child shall remain in the current placement pending the outcome of the 1conflict resolution process.
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45th Legislature
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First Regular Session 2 February
19, 2001
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