ON MAY 26, 2009, THE HOUSE ADOPTED AMENDMENTS #2 AND #1 AND PASSED HOUSE BILL 327, AS AMENDED. AMENDMENT #2 rewrites the bill to define the following terms under present law regarding juvenile courts and proceedings: (1) "Foster care" means the temporary placement of a child in the custody of the department of children's services or any private or public agency or institution for care outside the home of a parent or relative of the child; and (2) "Foster parent" means, for purposes other than the kinship foster care program, a person who has been trained and approved by the department or licensed child-placing agency to provide full-time temporary out-of-home care at a private residence for a child who has been placed in foster care, or in the case of a child placed for adoption, a person who has provided care for such child for at least six months in the absence of a power of attorney or court order. Under present law regarding adoptions, "foster care" means the provision of full-time temporary out-of-home care for a child in a private residence by one or more foster parents who have been trained and approved by the department or a licensed child-placing agency to care for children who, for various reasons, can no longer remain in their own home, or the full-time care provided by prospective adoptive parents who have received a child as a result of the surrender of parental rights, a parental consent, or as the result of a termination of parental rights. Also under present law regarding adoptions, "foster parent" means a person who has been trained and approved by the department or licensed child-placing agency to provide full-time temporary out-of-home care in a private residence for children who, for various reasons, can no longer remain in their own homes, or the prospective adoptive parents who have received a child as a result of the surrender of parental rights, a parental consent, or as the result of a termination of parental rights. This amendment revises these definitions to instead specify that "foster care" has the same meaning as described above in (1) and "foster parent" has the same meaning as described above in (2). Also, this amendment specifies that no plan or permanency plan would be required in the case of foster care provided by or in any agency, institution or home in connection with an adoption of a child, so long as a petition for the adoption of that child by a person to whom care of that child has been given is filed within six months of the time that child first comes into the care of the agency, institution, or home. This amendment removes the requirement in present law regarding adoptions that a social worker be licensed by the department to provide foster care placement services in order for that social worker to be a "licensed clinical social worker." Under present law regarding juvenile courts and proceedings, if a court determines that a child is a "dependent and neglected child," then the court may, subject to conditions and limitations as the court prescribes, order that the child remain with the child's custodian or transfer temporary legal custody or grant permanent guardianship to certain persons. Present law lists who is considered to be a "dependent and neglected child" including a child who has been in the care and control of an agency or person who is not related to the child for at least 18 continuous months, and the person or agency has not initiated judicial proceedings seeking either legal custody or adoption of the child. This amendment revises this provision to require that the child have been in the care and control of "one or more agencies or persons," instead of "an agency or person," who is not related to the child for at least "six continuous months" instead of "18 continuous months." This amendment removes the following provisions in present law regarding foster care: (1) The requirement that foster care cease when the child is placed with an individual for the purpose of the child's adoption by the individual or when a petition to adopt is filed, whichever occurs first, or when child is returned to or placed in the care of a parent or relative; and (2) The requirement that the department of children's services determine by rule which children, whose commitment to the department may be based upon an adjudication of delinquency, will be subject to foster care review, except that the child must have an administrative review at least 90 days after commitment and at least every six months thereafter that is conducted by appropriate staff within the department. AMENDMENT #1 adds that a child is deemed to be a "dependent and neglected child" under present law regarding juvenile proceedings, if: (1) The child is intentionally left in the care of a related caregiver by a parent for at least 18 continuous months; (2) That relative has been the sole caregiver and financial supporter of the child during that time; and (3) The child will suffer substantial harm if removed from the continued care of the relative. Under present law, if a court determines that a child is a dependent and neglected child, then the court may, subject to conditions and limitations as the court prescribes, order that the child remain with the child's custodian or transfer temporary legal custody or grant permanent guardianship to certain persons. Under this amendment, if a court finds that a child is dependent and neglected as described above in (1)-(3), then the court must order that the child remain in the related caregiver's custody if it is in the child's best interest. A child who is left with a related caregiver because of the parents military service would not be subject to such an action to order the child to remain in the related caregiver's custody. Any future order to modify or terminate the related caregiver's custody brought by the child's parent must be based on a finding, by a preponderance of the evidence, that there has been a substantial change in material circumstances. ON JUNE 2, 2009, THE SENATE SUBSTITUTED HOUSE BILL 327 FOR SENATE BILL 859, ADOPTED AMENDMENTS #2, 3, AND 4, AND PASSED HOUSE BILL 327, AS AMENDED. AMENDMENT #2 adds that "dependent and neglected child" also includes a child who has been left in the sole financial care and sole physical care of a related caregiver for not less than 18 consecutive months by the child's parent, parents or legal custodian to the related caregiver, and the child will suffer substantial harm if removed from the continuous care of such relative. For the purposes of this provision, a related caregiver includes the child's biological, step, or legal grandparent, great grandparent, sibling, aunt, uncle, or any other person who is legally or biologically related to the child. If the court finds that a child is dependent and neglected pursuant to this based on a finding, by a preponderance of the evidence, that there has been a material change in circumstances. When making such a determination, the court may consider whether the child's parent is currently able and willing to care for the child, or that the related caregiver is unable to continue to care for the child. This amendment specifies that a child intentionally and willfully left with a related caregiver as provided above because of the parent's military service will not be subject to court action pursuant to the above provisions. AMENDMENT #3 revises the requirements of (1) as described in the summary for House Amendment #1 so that a child must be "willfully", rather than "willfully and intentionally without good cause", be left in the care of a related caregiver by a parent for at least 18 continuous months in order for a court to be required to order that the child remain in the related caregiver's custody if it is in the child's best interest. AMENDMENT #4 specifies that the 18-month period during which a child must be left in the care of a related caregiver in order for the court to be required to order that the child remain in the caregiver's custody, if such an arrangement is in the child's best interests, will not commence until the effective date of this bill on July 1, 2009.

Statutes affected:
Amended with HA0593, HA0626 -- 05/26/2009: 37-1-103(d), 37-1-103, 37-1-102(b)(12), 37-1-102, 36-1-102(22), 36-1-102, 36-1-102(23), 36-1-102(32), 36-1-108(b)(1), 36-1-108, 37-1-102(b)(12)(H), 37-1-102(b), 37-2-402