AB 164

Under current law, if a child has been placed in a foster home, treatment foster

home, or group home for six months or longer, the Department of Children and

Families (DCF), the Department of Corrections, the county department of human

services or social services (county department), or licensed child welfare agency

(collectively, "agency") that placed the child must give the head of the home written

notice of intent to remove the child from the home, stating the reasons for the

removal. In those cases, the child may not be removed from the home before

completion of a hearing before DCF or the circuit court to review the removal

decision, if a hearing has been requested, or 30 days after receipt of the notice of

intent to remove, whichever is later, unless the safety of the child requires removal.

Also, under current law, any decision or order issued by an agency that affects

the head of a foster home, treatment foster home, or group home or the children

involved may be appealed to DCF under fair hearing procedures. Under those

procedures, the head of the home is entitled to be represented by counsel, to examine

documents and records, to bring witnesses, to confront and cross-examine adverse

witnesses, and to have judicial review of DCF's decision.

In addition, under current law, an interested party may file a petition with the

circuit court for the county where a child is placed alleging that a decision or order

of the agency supervising the child's placement is not in the best interests of the child.

On receipt of a petition, the circuit court may call a hearing for the purpose of

reviewing the decision or order. If the child is placed in a foster home, the foster

parent may present relevant evidence at the hearing.

This bill grants to a relative, other than a parent, in whose home a child is

placed the same procedural rights relating to notice of intent to remove a child from

the home and review of decisions or orders involving the placement and care of the

child that are granted a foster parent under current law. Specifically, under the bill:

1. The agency that placed the child in the home of the relative must give the

relative written notice of intent to remove the child from the home, stating the

reasons for the removal, and the child may not be removed from the home before

completion of a hearing before DCF or the circuit court to review the removal

decision, if a hearing has been requested, or 30 days after receipt of the notice of

intent to remove, whichever is later, unless the safety of the child requires removal.

2. Any decision or order issued by an agency that affects the relative or the child

may be appealed to DCF under fair hearing procedures that include the rights to be

represented by counsel, to examine documents and records, to bring witnesses, to

confront and cross-examine adverse witnesses, and to have judicial review of DCF's

decision.

3. The relative may file a petition with the circuit court for the county where

the child is placed alleging that a decision or order of the agency supervising the

child's placement is not in the best interests of the child, the circuit court may call