S.22.2-71: Stable Custody Act (PASSED)

[fhtagn]

STABLE CUSTODY ACT

1. Any unemancipated minor child who is being removed from his or her custodial parent or guardian shall be placed in the least restrictive type of placement available, consistent with the best interests of the child.

2. The order for placement preference is as follows:

A. With a parent.

B. In kinship care with another member of the child’s extended family or a person who has a significant relationship with the child.  A foster parent or kinship caregiver with whom a child has resided for nine (9) months or more is a person who has a significant relationship with the child. Absent evidence to the contrary, the court may presume that continuation of the child’s placement with his or her current caregivers is in the child’s best interests.

C. In licensed family foster care.

D. In therapeutic foster care.

E. In a group home or congregate care setting.

F. In a residential treatment facility.

3. If an unemancipated minor child is taken into custody, the agency or department so taking shall conduct a diligent search for adult relatives of the child and for persons with a significant relationship to the child within thirty (30) days from the date the child was taken into custody. A diligent search shall include at a minimum:

A. Interviews with the child’s parent during the course of an investigation, while child protective services are provided, and while such child is in care;

B. Interviews with the child;

C. Interviews with identified relatives throughout the case;

D. Interviews with any other person who is likely to have information about the identity or location of the person being sought;

E. Comprehensive searches of available databases including, but not limited to, searches of employment, residence, utilities, vehicle registration, child support enforcement, law enforcement, corrections records, and any other records likely to result in identifying and locating the person being sought;

F. Appropriate inquiry during the course of hearings in the case; and

G. Any other reasonable means that are likely to identify relatives or other persons who have demonstrated an ongoing commitment to the child.

4. Any department or agency shall file with the court information regarding attempts made pursuant to identify and locate family members or persons with a significant relationship to child pursuant to this act within thirty (30) days from the date the child was removed from his or her home, or as otherwise required by the court, and at each periodic review hearing.

5. All relatives to the alleged dependent child identified in a diligent search required by this act, subject to exceptions due to family or domestic violence or other safety concerns, shall be provided with notice:

A. Specifying that an alleged dependent child has been or is being removed from his or her parental custody;

B. Explaining the options a relative has to participate in the care and placement of the alleged dependent child and any options that may be lost by failing to respond to the notice;

C. Describing the process for becoming a licensed foster family home and the additional services and supports available for children placed in approved foster homes; and

D. Describing any financial assistance for which a relative may be eligible

6. After the completion of the diligent search required by this act, any department or agency shall have a continuing duty to search for relatives or other persons who have demonstrated an ongoing commitment to a child and with whom it may be appropriate to place the alleged dependent child until such relatives or persons are found or until such child is placed for adoption unless the court excuses the department or agency from conducting a diligent search.

7. If a relative entitled to notice under this act fails, within six (6) months from the date he or she receives the required notice, to demonstrate an interest in and willingness to provide a permanent home for a child, the court may excuse the department or agency from considering the relative as a placement.

8. This act shall take effect thirty (30) days after the date of passage.

Sponsor: fhtagn

[Mr. Reactionary]

This is a combination of 2 model bills that set the priority for child placement (family at the top) and requires due dilligence in searching for family members when making a child placement.

[fhtagn]

Motioning for a final vote, 24 hours for objections.

[President Punxsutawney Phil]

No objection.

[fhtagn]

A final vote on this bill is now open for 72 hours, or until 24 hours after this has enough votes to pass or fail, or until everybody votes, whichever occurs soonest.

[reagente]

aye

[UlmerFudd]

Aye

[RFayette 🇻🇦]

Aye

[President Punxsutawney Phil]

Aye

[fhtagn]

Aye

[fhtagn]

The bill now passes and awaits gubernatorial action.

Aye: 5
Nay:0
Present: 0
Not voting: 0

STABLE CUSTODY ACT

1. Any unemancipated minor child who is being removed from his or her custodial parent or guardian shall be placed in the least restrictive type of placement available, consistent with the best interests of the child.

2. The order for placement preference is as follows:

A. With a parent.

B. In kinship care with another member of the child’s extended family or a person who has a significant relationship with the child.  A foster parent or kinship caregiver with whom a child has resided for nine (9) months or more is a person who has a significant relationship with the child. Absent evidence to the contrary, the court may presume that continuation of the child’s placement with his or her current caregivers is in the child’s best interests.

C. In licensed family foster care.

D. In therapeutic foster care.

E. In a group home or congregate care setting.

F. In a residential treatment facility.

3. If an unemancipated minor child is taken into custody, the agency or department so taking shall conduct a diligent search for adult relatives of the child and for persons with a significant relationship to the child within thirty (30) days from the date the child was taken into custody. A diligent search shall include at a minimum:

A. Interviews with the child’s parent during the course of an investigation, while child protective services are provided, and while such child is in care;

B. Interviews with the child;

C. Interviews with identified relatives throughout the case;

D. Interviews with any other person who is likely to have information about the identity or location of the person being sought;

E. Comprehensive searches of available databases including, but not limited to, searches of employment, residence, utilities, vehicle registration, child support enforcement, law enforcement, corrections records, and any other records likely to result in identifying and locating the person being sought;

F. Appropriate inquiry during the course of hearings in the case; and

G. Any other reasonable means that are likely to identify relatives or other persons who have demonstrated an ongoing commitment to the child.

4. Any department or agency shall file with the court information regarding attempts made pursuant to identify and locate family members or persons with a significant relationship to child pursuant to this act within thirty (30) days from the date the child was removed from his or her home, or as otherwise required by the court, and at each periodic review hearing.

5. All relatives to the alleged dependent child identified in a diligent search required by this act, subject to exceptions due to family or domestic violence or other safety concerns, shall be provided with notice:

A. Specifying that an alleged dependent child has been or is being removed from his or her parental custody;

B. Explaining the options a relative has to participate in the care and placement of the alleged dependent child and any options that may be lost by failing to respond to the notice;

C. Describing the process for becoming a licensed foster family home and the additional services and supports available for children placed in approved foster homes; and

D. Describing any financial assistance for which a relative may be eligible

6. After the completion of the diligent search required by this act, any department or agency shall have a continuing duty to search for relatives or other persons who have demonstrated an ongoing commitment to a child and with whom it may be appropriate to place the alleged dependent child until such relatives or persons are found or until such child is placed for adoption unless the court excuses the department or agency from conducting a diligent search.

7. If a relative entitled to notice under this act fails, within six (6) months from the date he or she receives the required notice, to demonstrate an interest in and willingness to provide a permanent home for a child, the court may excuse the department or agency from considering the relative as a placement.

8. This act shall take effect thirty (30) days after the date of passage.