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IN HB1167
Bill
Status
1/8/2019
Primary Sponsor
Kevin Mahan
Click for details
AI Summary
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Foster parents and other caretakers gain legal standing at detention hearings, with the right to present evidence and make recommendations to the court regarding children placed in their temporary care
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Foster parents and caretakers receive standing to appeal court decisions at dispositional hearings, plus the right to be heard, present evidence, and make recommendations
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Courts must grant intervention petitions from foster parents in child in need of services (CHINS) proceedings if the foster parent has also filed a petition to adopt or terminate parental rights for that child
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When a child has been removed from parents and under Department of Child Services supervision for 15 of the most recent 22 months without a termination petition being filed, courts must order DCS to file a termination petition within 15 days
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Failure by DCS to comply with the court-ordered termination filing is punishable as contempt of court
Legislative Description
Children in need of services. Requires a court to: (1) provide that a foster parent or other caretaker with whom the child has been placed for temporary care has standing; and (2) allow a foster parent or other caretaker with whom the child has been placed for temporary care to present evidence to the court and make recommendations; at a detention hearing. Requires a court to: (1) provide that a foster parent or other caretaker with whom the child has been placed for temporary care has standing to appeal a decision by the court; and (2) allow a foster parent or other caretaker with whom the child has been placed for temporary care to be heard, present evidence, and make recommendations to the court; at a dispositional hearing. Requires a court to grant a petition to intervene filed in a child in need of services proceeding by a foster parent, long term foster parent, or a person who has been a foster parent of the child who is the subject of the proceeding if the petitioner has also filed: (1) a petition to adopt; or (2) a petition to terminate the parent-child relationship; concerning the child who is the subject of the child in need of services proceeding. Provides that if: (1) a child has been removed from a parent and has been under the supervision of the department of child services (department) for 15 of the most recent 22 months; and (2) a petition to terminate the parent-child relationship has not been filed; the court shall order the department to file a petition to terminate the parent-child relationship within 15 days of the order. Provides that failure to obey the court order is punishable as contempt of court.
Last Action
First reading: referred to Committee on Family, Children and Human Affairs
1/8/2019