foster care; removal of
child
(NOW: removal of child; foster care)
HB 2555 creates new requirements for the Department of Economic Security (DES) when removing a child from a licensed foster parent, under the conditions that the removal is not from a shelter care provider and receiving foster parent, and for specific reasons.
Provisions
· Requires that DES inform a licensed 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 reunite siblings.
· To place a child in a kinship foster home.
· To place a child in the least restrictive setting.
· To place a child in a therapeutic setting.
· To place a child in accordance with the Indian Welfare Act.
· To protect a child from harm or risk of harm.
· Stipulates that if the licensed foster parent disagrees with the plan to remove the child and place the child in another foster home placement, the licensed foster care parent shall inform DES within 24 hours, and DES shall convene a case conference to review the reasons for removal.
· Requires that the licensed foster parent and a member of the Foster Care Review Board (FCRB) who participates in the removal review team shall participate in the case conference.
· States that DES shall provide notice to the licensed foster parent and the FCRB of the time, date and location of the case conference. The case conference shall be held within 72 hours after the parent disagreed with the removal and has provided notice to DES, excluding weekends and holidays.
· Stipulates that the child shall remain in the current placement pending the outcome of the case conference.
· Stipulates that if, as a result of the case conference, the continued intent of DES is to remove the child, and the parent continues to disagree 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 licensed 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 conflict resolution process.
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45th Legislature
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First Regular Session 2 May 8, 2001
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