62A-4a-206 - Process for removal of a child from foster family -- Procedural due process.
62A-4a-206. Process for removal of a child from foster family -- Procedural dueprocess.
(1) (a) The Legislature finds that, except with regard to a child's natural parent or legalguardian, a foster family has a very limited but recognized interest in its familial relationshipwith a foster child who has been in the care and custody of that family. In making determinationsregarding removal of a child from a foster home, the division may not dismiss the foster familyas a mere collection of unrelated individuals.
(b) The Legislature finds that children in the temporary custody and custody of thedivision are experiencing multiple changes in foster care placements with little or nodocumentation, and that numerous studies of child growth and development emphasize theimportance of stability in foster care living arrangements.
(c) For the reasons described in Subsections (1)(a) and (b), the division shall provideprocedural due process for a foster family prior to removal of a foster child from their home,regardless of the length of time the child has been in that home, unless removal is for the purposeof:
(i) returning the child to the child's natural parent or legal guardian;
(ii) immediately placing the child in an approved adoptive home;
(iii) placing the child with a relative, as defined in Subsection 78A-6-307(1)(b), whoobtained custody or asserted an interest in the child within the preference period described inSubsection 78A-6-307(18)(a); or
(iv) placing an Indian child in accordance with preplacement preferences and otherrequirements described in the Indian Child Welfare Act, 25 U.S.C. Sec. 1915.
(2) (a) The division shall maintain and utilize due process procedures for removal of afoster child from a foster home, in accordance with the procedures and requirements of Title63G, Chapter 4, Administrative Procedures Act.
(b) Those procedures shall include requirements for:
(i) personal communication with, and a written explanation of the reasons for theremoval to, the foster parents prior to removal of the child; and
(ii) an opportunity for foster parents to present their information and concerns to thedivision and to:
(A) request a review, to be held before removal of the child, by a third party neutral factfinder; or
(B) if the child has been placed with the foster parents for a period of at least two years,request a review, to be held before removal of the child, by:
(I) the juvenile court judge currently assigned to the child's case; or
(II) if the juvenile court judge currently assigned to the child's case is not available,another juvenile court judge.
(c) If the division determines that there is a reasonable basis to believe that the child is indanger or that there is a substantial threat of danger to the health or welfare of the child, it shallplace the child in emergency foster care during the pendency of the procedures described in thissubsection, instead of making another foster care placement.
(3) If the division removes a child from a foster home based upon the child's statementalone, the division shall initiate and expedite the processes described in Subsection (2). Thedivision may take no formal action with regard to that foster parent's license until after thoseprocesses, in addition to any other procedure or hearing required by law, have been completed.
(4) When a complaint is made to the division by a foster child against a foster parent, thedivision shall, within 30 business days, provide the foster parent with information regarding thespecific nature of the complaint, the time and place of the alleged incident, and who was allegedto have been involved.
(5) Whenever the division places a child in a foster home, it shall provide the fosterparents with:
(a) notification of the requirements of this section;
(b) a written description of the procedures enacted by the division pursuant to Subsection(2) and how to access those processes; and
(c) written notification of the foster parents' ability to petition the juvenile court directlyfor review of a decision to remove a foster child who has been in their custody for 12 months orlonger, in accordance with the limitations and requirements of Section 78A-6-318.
(6) The requirements of this section do not apply to the removal of a child based on afoster parent's request for that removal.
(7) It is unlawful for a person, with the intent to avoid compliance with the requirementsof this section, to:
(a) take action, or encourage another to take action, against the license of a foster parent;or
(b) remove a child from a foster home before the child has been placed with the fosterparents for two years.
Amended by Chapter 56, 2010 General Session