- Introduced -

SB 430 - This act modifies the law relating to children's protective services. Applicants to be foster parents must submit fingerprints in addition to the required criminal background check. The Division of Family Services will have the authority to conduct a search for ex parte or full orders of protection using the automated court information system.

The Division shall provide standards and training for the licensing of prospective foster parents. The Division shall provide performance-based criteria for the evaluation of licensed foster parents.

The Division is prohibited from discriminating against a relative of a child based on the age of the relative or the belief that the relative was not a good parent. The Division must adhere to the Indian Child Welfare Act (25 U.S.C. 1915) when placing a Native American child in protective custody.

The Division must notify the custodial or biological parent of a child regarding the placement of the child in foster care, except in instances of imminent harm. The Division is prohibited from removing a child from school without a court order specifying that the child is to be removed from school.

Prior to any action taken on behalf of the child, the Department must arrange a team meeting with either the custodial or biological parents of the child, the legal representative, or the parent's designee. The meeting may include a court-appointed special advocate, juvenile officer, or a division of family services caseworker. At the conclusion of the meeting, all parties must sign a form provided by the Department that states that they are aware of the team's decision. Any dissenting views will be noted on the form and included in the child's case records.

The case records of a child in protective custody will be available to the custodial or biological parent. Upon the death of a child in protective custody, the case records will be available to the public.

The Family Care Safety Registry was extended from January 1, 2004 to January 1, 2009.

LORIE TOWE