Notice of intent to remove a child from the home of a relative and review of decisions or orders involving the placement and care of a child placed in the home of a relative

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 a hearing for the purpose of reviewing the decision or order, and the relative may present relevant evidence at the hearing.