CCS/HS/HCS/SCS#2/SB 762 - This act modifies various provisions of the law relating to foster care and protective services for children. The following is a summary of the sections of the act:

SECTION 210.025 - Upon initial application, applicants must submit fingerprints in addition to the required criminal background check and this includes any person over the age of 17 who is living in the applicant's home. Furthermore, the Division must inquire whether any child under 17 in the applicant's home has ever been certified as an adult and pled guilty to a crime.

SECTION 210.482 - When an emergency placement of a child is made due to the unexpected absence of the child's parents, the juvenile court or the Children's Division may request that a name-based criminal history check be made. The check will encompass full orders of protection, outstanding warrants, and any listings in the child abuse and neglect registry for each person over the age of 17 who resides in the home. Furthermore, the Division must inquire whether any child under 17 in the home has ever been certified as an adult and pled guilty to a crime.

Within fifteen days of the emergency placement, all persons over 17 in the home must submit two sets of fingerprints for a more extensive criminal background check. A child shall immediately be removed from the home if any person residing in the home fails to provide the requested fingerprints. If the placement of a child is denied due to the results of a name-based search and the denial is subsequently contested, all persons over 17 in the home will be required, within fifteen days, to submit two sets of fingerprints for the criminal background checks.

The total cost of the fingerprinting required pursuant to this section may be paid by the state.

SECTION 210.487 - For the licensing of foster parents, the Children's Division must conduct a search, using the automated court system, for full orders of protection on all persons over 17 in the applicant's household. The courts shall provide the information within 10 days of the request. The Division shall also obtain two sets of fingerprints for all persons over 17 in the applicant's home and shall determine whether any person over 17 is listed on the child abuse and neglect registry. The total cost of fingerprinting required pursuant to this section may be paid by the state. The Division may make arrangements with other branch agencies to obtain any investigative background information.

SECTION 210.542 - 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.

SECTION 210.565 - When a child is not placed with relatives, the court must provide detailed reasons on the record why it is in the child's best interests to be placed with other persons. The age of the child's relative shall not be the only factor that the Division takes into consideration when making placement decisions and recommendations to the court regarding the placement of the child with that relative.

The Division must adhere to the Indian Child Welfare Act (25 U.S.C. 1915) when placing a Native American child in protective custody.

SECTION 210.760 - The Division must notify the child's parent or legal guardian that the child has been placed in foster care. A child shall not be removed from school for placement in foster care without a court order specifying that the child shall be removed from school.

SECTION 210.762 - For temporary placements, the Children's Division must arrange a family support team meeting prior to or within twenty-four hours following the protective custody hearing. Once the child is in the Division's custody, the Division must arrange an additional meeting prior to taking any action relating to the placement of the child.

However in instances where the welfare of a child requires an immediate or emergency change of placement, the Division may make a temporary placement, but they must schedule a family support team meeting within seventy-two hours.

The parents or legal guardian, the guardian ad litem, the volunteer advocate, and any designee of the parent who has written authorization shall be notified and invited to participate in all meetings. These meetings may include any other persons who can assist the team in making the appropriate decisions on behalf of the child. At the conclusion of the meeting, all parties must sign a form provided by the Division which 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.

SECTION 210.764 - The case records of a child in protective custody will be available for review by the parent or legal guardian of the child.

The provisions of this act are contained within CCS/SS/SCS/HS/HCS/HB 1453 (2004).

This act is similar to SCS/SB 430 (2003).
LORIE TOWE