This bill revises the laws related to the removal of children from their homes, instituting stricter requirements for such actions. It mandates that a warrant must be obtained for the removal of a child, except in exigent circumstances where there is probable cause of imminent risk of sexual or physical abuse. Additionally, it requires that an abuse and neglect petition be filed within 72 hours following an emergency removal. The bill also introduces new procedures for obtaining and executing warrants, ensuring that the removal process is conducted legally and with proper oversight. Notably, it deletes previous language that allowed for the forced removal of a child based solely on allegations of abuse or neglect without a warrant, emphasizing the necessity of obtaining a warrant unless immediate danger is present.
Moreover, the bill introduces provisions for concurrent planning in child welfare cases, allowing for reasonable efforts to secure a permanent placement for a child while simultaneously working towards family reunification. It includes a review process for the court to assess the department's efforts in preventing removal or facilitating reunification, taking into account the services provided by the agency. The bill also includes a codification instruction to integrate the new sections into Title 41, chapter 3, part 3 of the law, thereby streamlining the legal framework surrounding child welfare and adoption processes. Overall, the bill aims to enhance the protection of children's rights and ensure that removals are justified and documented appropriately.
Statutes affected: LC Text: 41-3-101, 41-3-301, 41-3-423
SB0050_1(1): 41-3-101, 41-3-301, 41-3-423
SB0050_1(2): 41-3-101, 41-3-301, 41-3-423
SB0050_1(3): 41-3-101, 41-3-301, 41-3-423
SB0050_1(4): 41-3-101, 41-3-301, 41-3-423
SB0050_1: 41-3-101, 41-3-301, 41-3-423