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IN HB1276
Bill
Status
1/10/2019
Primary Sponsor
Kevin Mahan
Click for details
AI Summary
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Courts and the Department of Child Services must notify previous foster families and make reasonable attempts to return children to their former foster placement when a child is removed from an in-home placement for a second time
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When a child has had multiple foster placements, priority goes to the most recent out-of-home placement that is able and willing to accept the child
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DCS must waive foster home capacity limits (normally 6 children maximum, with no more than 4 under age 6) for returning children to previous placements, provided federal compliance and safety requirements are met
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Effective date: July 1, 2019
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Amends IC 31-27-4-8 and adds new section IC 31-34-23-5 concerning family law and juvenile law
Legislative Description
Placement priority for foster parents. Provides that if a child in need of services is: (1) returned from an out-of-home placement to an in-home placement; and (2) subsequently removed from the in-home placement; the court and the department of child services (DCS) shall notify the foster family with which the child was previously placed and make a reasonable attempt to place the child with that foster family. Provides that if the child has previously been placed in multiple out-of-home placements, the court and DCS shall make a reasonable attempt to place the child in the most recent out-of-home placement that is able and willing to accept the placement. Provides that for purposes of placing the child in the previous out-of-home placement, DCS shall waive the limits on the number of children who may be placed in a single foster family home if: (1) the placement would not cause the foster family home to be out of compliance with federal law; and (2) the department determines that the placement would not present a safety risk for the child or for any other resident of the foster family home.
Last Action
First reading: referred to Committee on Family, Children and Human Affairs
1/10/2019