CCS#2/SS/HCS/HB 154 -This act modifies provisions relating to the placement of children. EMERGENCY PLACEMENT OF GRANDCHILDREN
This act provides that when an initial emergency placement of a child is deemed necessary by the juvenile or family court, the Children's Division within the Department of Social Services must immediately begin diligent efforts to locate, contact, and place the child with a grandparent of the child. Diligent efforts are defined in the act, and such efforts shall be made to contact the grandparent within three hours from the time the emergency placement is deemed necessary. During such three-hour period, the child may be placed in an emergency placement. If a grandparent cannot be located within the three-hour period, the child may be temporarily placed in emergency placement. However, after such placement was made the division shall still make diligent efforts to contact the grandparent and place the child with a grandparent or another relative, with first consideration given to a grandparent. Prior to any emergency placement of the child the division shall assure that the child's physical needs are met.
Placement shall not be made with the grandparent when the division determines that the placement would not be in the best interests of the child. The placement with a grandparent shall also be subject to an emergency placement background check. The division shall document the reason why placing the child with a grandparent is deemed to not be in the interest of the child.
If more than one grandparent requests consideration for placement, the family support team shall make recommendations to the juvenile or family court about which grandparent should be considered for placement.
When a court determines that a child must be placed in a foster home, the division must make diligent efforts to locate the grandparents of the child and determine if they wish to be considered for placement of the child.
A grandparent or other relative may on a case-by-case basis have standards for licensure not related to safety waived for specific children in the care that would otherwise impede licensing of the grandparent's or relative's home.
Nothing in the act shall be construed to interfere with or supercede laws related to parental rights or judicial authority. SECTIONS 210.305 and 210.565
GUARDIAN AD LITEM
This act requires the guardian ad litem to ascertain the child's wishes and feelings about potential foster care placement or adoption by conducting an interview or interviews with the child, if appropriate based on the child's age and maturity level. The child's wishes and feelings shall be considered as a factor when the children's division makes decisions and recommendations regarding foster care placement, and shall be considered by the court as a factor in determining if adoption is in the child's best interests. Such consideration shall not supersede the preference for placement with relatives. SECTIONS 210.565 and 453.030.
These sections are contained in SB 388 (2009) and SB 1242 (2008).
FOSTER CARE EDUCATION BILL OF RIGHTS
This act establishes the "Foster Care Education Bill of Rights." Each school district must designate a staff person to be an educational liaison for foster care children. This liaison would assist with proper educational placements, transferring between schools, ensuring transfer of grades and credits, requesting school records, and submitting school records that have been requested.
A child placing agency will promote educational stability for foster care children when making placements. A foster care child may continue to attend his or her school of origin pending resolution of a dispute. Each school district must accept for credit any full or partial course work satisfactorily completed by a pupil while attending certain schools. A pupil who completes the graduation requirements of his or her school district of residence while under the jurisdiction of the juvenile court will receive a diploma
If a foster care pupil is absent from school because of a change in placement by the court or child placing agency, or because of a verified court appearance or related court-ordered activity, the pupil's grades and credits will be calculated as of the date the pupil left school. Such absence will not result in a lowering of the pupil's grades.
Subject to federal law, school districts are authorized to permit access of pupil school records to a child placing agency for the purpose of fulfilling educational case management responsibilities required by the juvenile officer or by law and to assist with the school transfer or placement of a pupil.
Each child who is in foster care or who is placed in a licensed residential care facility is entitled to a full school day of education unless the school district determines that fewer hours are warranted. A full school day is defined as six hours under the guidance and direction of teachers in the education process for children in foster care or for children placed for treatment in a licensed residential care facility by the Department of Social Services.
For children placed for treatment in a licensed residential care facility by the Department of Social Services, the Commissioner of Education, or his or her designee, will be an ombudsman to assist the family support team and school district. The ombudsman will have the final decision over discrepancies regarding school day length. A full school day of education will be provided pending the ombudsman's final decision. SECTIONS 167.018, 167.019, 210.1050
These sections are identical to provisions contained in HCS#2/SS/SB 291 (2009), SCS/SB 96 (2009) and similar to provisions contained in HCS/SB 79 (2009).
STANDBY GUARDIANSHIP
This act provides that the custodial parent of a minor, or the parent of an incapacitated person who has been appointed guardian of such person, may designate a person to act as a standby guardian of the minor or the incapacitated person by a will or by a separate written instrument.
If a parent who has designated a standby guardian is or becomes seriously ill, the parent or designated standby guardian may file a petition in probate court seeking appointment of the person as the standby guardian of the minor or the incapacitated person. The petition must be filed with a copy of the will or the written instrument designating the standby guardian, with consent to act as standby guardian by the person so designated.
The petition also must contain certain identifying and contact information for the minor or incapacitated person, the custodial parent and designated standby guardian, each parent of the minor or incapacitated person, the spouse and all living children of the minor or incapacitated person, information about any adjudication of incapacity for person, and the reasons why a standby guardian is sought.
The court shall determine appointment of a standby guardian after considering whether there is a parent other than the custodial parent willing, able and fit to care for the person, the suitability of any person nominated by the minor or incapacitated person to be standby guardian if the minor or incapacitated person can communicate such, and the desirability of minimizing stress and disruption and avoiding placement of the minor or incapacitated person in foster or similar care if the parent becomes incapacitated or dies.
The act also states that the authority of the person to act as standby guardian shall take effect if the person has previously been appointed by the court as a standby guardian, or, if the person has not yet been appointed, if the consent of the parent is given in a written instrument, if an entry of an order adjudicating the parent as incapacitated has been entered, or if the custodial parent dies, whichever first occurs. The standby guardian must notify the court within ten days after he or she begins acting as standby guardian, and within sixty days, must petition the court for appointment as a standby guardian or for another qualified person to be guardian for the minor or incapacitated person.
Nothing within this act shall be construed to deprive a parent of his or her legal rights or obligations towards a minor or incapacitated person, or to supersede such rights. SECTIONS 475.010, 475.045, 475.046, 475.105
These provisions are similar to SB 54 (2009), SB 596 (2006), SCS/SB 35 (2007) and SCS/SB 745 (2008).
ADRIANE CROUSE