Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas
2 94th General Assembly A Bill
3 Regular Session, 2023 HOUSE BILL 1811
4
5 By: Representatives Hudson, V. Flowers
6 By: Senator B. Davis
7
8 For An Act To Be Entitled
9 AN ACT TO AMEND THE LAW REGARDING CHANGE IN FOSTER
10 HOME PLACEMENTS IN A DEPENDENCY-NEGLECT CASE UNDER
11 THE ARKANSAS JUVENILE CODE OF 1989; TO REQUIRE THE
12 DEPARTMENT OF HUMAN SERVICES TO FILE A MOTION WHEN IT
13 RECOMMENDS A NONEMERGENCY CHANGE IN A CHILD'S
14 PLACEMENT FROM ONE FOSTER HOME TO ANOTHER FOSTER
15 HOME; TO REQUIRE A JUVENILE COURT TO HOLD A HEARING
16 WHEN THE DEPARTMENT OF HUMAN SERVICES RECOMMENDS A
17 NONEMERGENCY CHANGE IN A CHILD'S PLACEMENT FROM ONE
18 FOSTER HOME TO ANOTHER; AND FOR OTHER PURPOSES.
19
20
21 Subtitle
22 TO REQUIRE THE DEPARTMENT OF HUMAN
23 SERVICES TO FILE A MOTION WHEN IT
24 RECOMMENDS A NONEMERGENCY CHANGE IN A
25 CHILD'S PLACEMENT FROM ONE FOSTER HOME TO
26 ANOTHER AND FOR A HEARING TO BE HELD
27 BEFORE THE CHANGE IN PLACEMENT OCCURS.
28
29
30 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
31
32 SECTION 1. Arkansas Code § 9-27-335(b), concerning limitations on the
33 disposition of a dependency-neglect case when determining a child's
34 placement, is amended to read as follows:
35 (b)(1) For purposes of this section, the court shall not specify a
36 particular provider for placement or family services if the department is the
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1 payor or provider.
2 (2)(A) The court may order a child to be placed or to remain in
3 a placement if the court finds the placement is in the best interest of the
4 child after hearing evidence from all parties, if the placement is ordered on
5 the court's own accord, or after the hearing set forth under § 9-27-372, if
6 the placement is ordered after granting the department's motion under § 9-27-
7 372.
8 (B) A court may also order a child into a licensed or
9 approved placement after a hearing where the court makes a finding that it is
10 in the best interest of the child based on bona fide consideration of
11 evidence and recommendations from all the parties, but if the placement is
12 made by removing a child from one (1) foster home placement and placing the
13 child in another foster home, the removal and change in placement shall be as
14 set forth under § 9-27-372.
15 (C) The court shall not order a child to be placed or
16 remain in a placement in a foster home that has been closed or suspended by a
17 child placement agency.
18 (D)(i) If the health or welfare of a child is in immediate
19 danger while in a court-ordered placement, the department may immediately
20 remove the child from the court-ordered placement.
21 (ii) The department shall notify all parties within
22 twenty-four (24) hours of the change in placement under subdivision
23 (b)(2)(D)(i) of this section.
24 (iii) A party may request a hearing on the change in
25 placement made under subdivision (b)(2)(D)(ii) of this section, and the
26 hearing shall be held within five (5) business days of receiving the request.
27
28 SECTION 2. Arkansas Code Title 9, Chapter 27, Subchapter 3, is amended
29 to add an additional section to read as follows:
30 9-27-372. Placement — Dependent-neglected — Change from one foster
31 home to another — Hearing.
32 (a)(1) A child who is placed in a foster home may not be removed from
33 the foster home by the Department of Human Services and placed in another
34 foster home or any other temporary placement unless:
35 (A) The department has reason to believe that the child
36 has been subjected to child maltreatment or that there is a substantial risk
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1 of child maltreatment in the foster home;
2 (B) The court orders removal and change in placement of
3 the child under § 9-27-335;
4 (C) The removal and change in placement occurs less than
5 thirty (30) days after the child's placement in the foster home, provided
6 that the department has given the foster parent notice that the change in
7 placement will occur at least two (2) weeks prior to the planned change under
8 § 9-28-109;
9 (D) The removal and change in placement occurs less than
10 ninety (90) days after the child's placement in the foster home and the new
11 placement is with a relative or fictive kin, provided that the department has
12 given the foster parent notice that the change in placement will occur at
13 least two (2) weeks prior to the planned change under § 9-28-109;
14 (E) The removal and change in placement will result in
15 reuniting siblings, after consideration and assessment of whether
16 reunification with siblings is in the best interest of the child, and
17 provided that the department has given the foster parent notice that the
18 planned change in placement will occur at least two (2) weeks before the
19 change under § 9-28-109;
20 (F) The person providing foster care requests or agrees to
21 the removal; or
22 (G) The removal and change in placement occurs in
23 accordance with the placement preferences and other requirements under the
24 Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq., as it existed on
25 January 1, 2023.
26 (2) Within twenty-four (24) hours of a change in placement under
27 subdivision (a)(1)(A) of this section, the department shall:
28 (A) Notify the child's parent or guardian of the change;
29 (B) Notify the child's attorney ad litem of the change;
30 and;
31 (C) Provide the attorney ad litem with the name, address,
32 and telephone number of the new foster home.
33 (b)(1) If the department seeks to remove a child from a foster home
34 for placement in another foster home or other temporary placement for any
35 reason other than a reason under subsection (a) of this section, then the
36 department shall file a motion and obtain from the court an order for removal
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1 and change in placement.
2 (2) The motion under subdivision (b)(1) of this section shall
3 include:
4 (A) Clearly stated reasons for the proposed placement
5 change;
6 (B) The number of times that the child's placement has
7 been changed since he or she was removed from the custody of his or her
8 parent, guardian, or custodian and the reasons for each change in placement;
9 (C) Whether the child will change schools as a result of
10 the change in placement;
11 (D) Whether the change in placement will separate siblings
12 or affect sibling family time; and
13 (E) Any other information the court may require.
14 (3)(A) The department is required to serve the motion under
15 subdivision (b)(1) of this section in accordance with the Arkansas Rules of
16 Civil Procedure, and each party shall have the opportunity to respond in
17 accordance with the Arkansas Rules of Civil Procedure.
18 (B) The department is required to serve along with the
19 motion a notice that each party has a right to be heard at the change in
20 placement hearing in accordance with the Arkansas Rules of Civil Procedure.
21 (C)(i) The court shall schedule a hearing no later than
22 thirty (30) days after the filing of the motion and shall provide notice to
23 each party of the date, time, and place of the hearing, or shall require the
24 department to provide the notice.
25 (ii) The court shall also provide notice to the
26 child's current foster parent under § 9-28-109, or shall require the
27 department to provide the notice, and the notice shall include that the
28 foster parent is entitled to appear with counsel under this subdivision
29 (b)(4)(C)(ii).
30 (4)(A) Based upon bona fide consideration of testimony, other
31 evidence, and recommendations from all the parties bearing on the proposed
32 removal and change in placement, the court shall determine whether a removal
33 and change in placement is in the best interest of the child and may order
34 either:
35 (i) The continuation of placement in the child's
36 current foster home; or
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1 (ii) The removal and change in placement set forth
2 in the department's motion under subdivision (b)(1) of this section.
3 (B) In making the determination under subdivision
4 (b)(4)(A) of this section, the court may take into consideration:
5 (i) The preference of the child, if the child is of
6 sufficient age and capacity to reason, regardless of the juvenile's age, in
7 accordance with § 9-27-355; and
8 (ii) The potential for achieving permanency for the
9 child through the current foster home placement, including without limitation
10 through guardianship or adoption by the child's current foster parent.
11 (C)(i) The child's current foster parent shall be provided
12 an opportunity to testify regarding the child's placement and to opine on
13 what he or she believes is in the best interest of the child, based upon the
14 foster parent's personal knowledge of and relationship with the child.
15 (ii) The child's current foster parent is entitled
16 to appear with counsel to represent his or her interest at the hearing under
17 this section.
18
19 SECTION 3. Arkansas Code § 9-28-109(c) and (d), concerning the persons
20 to whom the Department of Human Services shall provide notification of a
21 change in a foster child's placement and exceptions to the notification
22 requirement, are amended to read as follows:
23 (c)(1) Other changes in placement shall be made only after
24 notification to the:
25 (A) Foster child;
26 (B) Foster parent or parents;
27 (C) Child's attorney ad litem;
28 (D) Child's birth parents; and
29 (E) Court having jurisdiction over the child in compliance
30 with § 9-27-335 and § 9-27-372.
31 (2) The notices shall:
32 (A) Be sent in writing two (2) weeks before the proposed
33 change in placement unless the current placement is a temporary placement
34 under subdivision (d)(1) of this section;
35 (B) State the reasons that justify the proposed change in
36 placement;
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1 (C) Convey to the attorney ad litem the address of the
2 proposed new foster home or placement provider; and
3 (D) Convey to the child the name and telephone number of
4 his or her attorney ad litem and a statement that if the child objects to the
5 change in placement, the attorney ad litem may be able to assist the child in
6 challenging the change in placement.
7 (d)(1) Exceptions to the advance notice requirement shall be made if
8 the:
9 (A) Health or welfare of the child would be endangered by
10 delaying a change in placement; or
11 (B) Child is placed in a placement intended to be
12 temporary until a stable placement can be located for the child in accordance
13 with department policy.
14 (2) Within twenty-four (24) hours of the change in placement the
15 department shall:
16 (A) Notify the birth parent of the change;
17 (B) Notify the child's attorney ad litem of the change;
18 and
19 (C) Provide the attorney ad litem with the name, address,
20 and telephone number of the new foster care home or placement provider.
21 (3) Within seventy-two (72) hours of the change in placement,
22 the department shall provide written notice to the attorney ad litem stating
23 the specific reasons justifying the change of placement without advance
24 notice.
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Statutes affected:
HB 1811: 9-27-335(b), 9-28-109(c)