Text: HF00103 Text: HF00105 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 232.105 CHANGE OF FOSTER HOME
1 2 PLACEMENT.
1 3 1. This section applies to children for which the court
1 4 has ordered transfer of custody to the department of human
1 5 services and the child has been placed with the same
1 6 individual licensed foster home for a continuous period of
1 7 twelve months or more. The department shall not change the
1 8 placement of the child to a different individual licensed
1 9 foster home unless any of the following provisions applies:
1 10 a. The individual licensee with whom the child is
1 11 currently placed gives written consent to the different
1 12 placement on a form developed by the department.
1 13 b. The different individual licensed foster home or
1 14 another individual has initiated legal action to adopt the
1 15 child and the individual with whom the child is placed has not
1 16 initiated legal action to adopt the child.
1 17 c. A court has approved the placement change following a
1 18 hearing held in accordance with this section.
1 19 2. Upon requesting written consent for a different
1 20 placement, the department must provide the licensed foster
1 21 home with an explanation of the option to provide consent or
1 22 to decline to provide consent and a statement that declining
1 23 to consent shall not adversely affect the authorization for
1 24 the licensed foster home to provide foster care services.
1 25 3. If a licensee with whom a child is currently placed
1 26 does not give written consent as requested by the department,
1 27 the department may petition the court for a hearing. Unless
1 28 the court orders otherwise, the child shall remain with the
1 29 licensee. The petition and hearing shall be subject to all of
1 30 the following:
1 31 a. The licensee with whom the child is currently placed is
1 32 a party to the hearing.
1 33 b. If the department shows by clear and convincing
1 34 evidence that changing the placement of the child to a
1 35 different licensed foster home is in the best interest of the
2 1 child, the court may enter an order approving the different
2 2 placement.
2 3 c. Upon entry of such court order, the child shall be
2 4 moved to the different placement as quickly as is reasonably
2 5 possible and is in the best interest of the child.
2 6 4. If the department believes continued placement of the
2 7 child with the current licensee poses an imminent danger to
2 8 the child's life or health, the department shall petition the
2 9 court for an ex parte order directing removal of the child
2 10 from the current licensee and placement of the child in a
2 11 suitable location approved by the court. The court may enter
2 12 the ex parte order provided all of the circumstances under
2 13 section 232.78, subsection 1, apply. A copy of the petition
2 14 and order shall be provided to the licensee from whom the
2 15 child is removed.
2 16 5. If the department believes continued placement of the
2 17 child with the current individual licensed foster home would
2 18 cause the child to meet the definition of a child in need of
2 19 assistance, the department shall file a petition as provided
2 20 in section 232.87.
2 21 EXPLANATION
2 22 This bill relates to children in the custody of the
2 23 department of human services who have been placed in a
2 24 licensed foster home for 12 months or more.
2 25 The department prohibits the department from changing the
2 26 placement of such children unless the licensee consents to the
2 27 change, the new placement has initiated legal action to adopt
2 28 the child and the current placement has not initiated legal
2 29 action to adopt, or the court approves of the placement
2 30 change. When a department requests consent, the licensee is
2 31 to be informed of the option to decline the consent and that
2 32 declining to consent will not adversely affect the
2 33 authorization for the licensee to provide foster care
2 34 services.
2 35 If consent is declined, the department may petition the
3 1 court for a hearing to approve the different placement for the
3 2 child. The licensee with whom the child is currently placed
3 3 is to be a party to the hearing. If the department shows by
3 4 clear and convincing evidence that the different placement is
3 5 in the best interest of the child, the court may enter an
3 6 order approving the placement. Transfer of the child in
3 7 accordance with the order is to be accomplished as quickly as
3 8 is reasonably possible and in the best interest of the child.
3 9 If the department believes continuing the current placement
3 10 of the child poses imminent danger to the child's life or
3 11 health, the department may file a petition for an ex parte
3 12 order for removal of the child to a suitable placement
3 13 approved by the court. The court may enter the order if the
3 14 circumstances for an ex parte order under Code section 232.78
3 15 providing for temporary custody of a child who is in imminent
3 16 danger. A copy of the petition and order are to be provided
3 17 to the individual from whom the child is removed.
3 18 If the department believes continued placement of the child
3 19 with the current individual licensed foster home would cause
3 20 the child to meet the definition of child in need of
3 21 assistance (CINA), the department is to file a petition
3 22 initiating a CINA proceeding.
3 23 LSB 1038HH 78
3 24 jp/cf/24
Text: HF00103 Text: HF00105 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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