1998 Legislation
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SENATE BILL NO. 1437 – Child protection, placement/adoptn

SENATE BILL NO. 1437

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S1437.................................................by HEALTH AND WELFARE
CHILD PROTECTION - Amends existing law to bring Idaho into compliance with
the "Adoption and Safe Families Act of 1997" to provide that the Department
of Health and Welfare is charged with making permanent placements for
children in the most expeditious manner possible and to provide for the
maintenance of existing relationships where possible.

02/12    Senate intro - 1st rdg - to printing
02/13    Rpt prt - to Health/Wel
02/18    Rpt out - rec d/p - to 2nd rdg
02/19    2nd rdg - to 3rd rdg
02/24    3rd rdg - PASSED - 35-0-0
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
      Sweeney, Thorne, Twiggs, Wheeler, Whitworth
      NAYS--None
      Absent and excused--None
    Floor Sponsors - King, Danielson
    Title apvd - to House
02/25    House intro - 1st rdg - to Health/Wel
03/11    Rpt out - rec d/p - to 2nd rdg
03/12    2nd rdg - to 3rd rdg
03/13    3rd rdg - PASSED - 65-0-5
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
      Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
      Clark, Crane, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20),
      Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet,
      Jones(22), Jones(20), Judd, Kellogg, Kendell, Kjellander, Kunz, Lake,
      Linford, Loertscher, Mader, Marley, McKague, Meyer, Miller,
      Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger,
      Robison, Sali, Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor,
      Tilman, Tippets, Trail, Watson, Wood, Zimmermann
      NAYS -- None
      Absent and excused -- Crow, Jones(9), Kempton, Wheeler, Mr Speaker
    Floor Sponsors - Reynolds, Henbest
    Title apvd - to Senate
03/16    To enrol
03/17    Rpt enrol - Pres signed
03/18    Sp signed
03/19    To Governor
03/23    Governor signed
         Session Law Chapter 257
         Effective: 07/01/98

Bill Text


S1437


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                                      IN THE SENATE

                                   SENATE BILL NO. 1437

                             BY HEALTH AND WELFARE COMMITTEE

 1                                        AN ACT
 2    RELATING TO CHILD PROTECTION; AMENDING SECTION 16-1601, IDAHO CODE, TO PROVIDE
 3        THAT THE HEALTH AND SAFETY OF THE CHILD IS THE PRIMARY  CONCERN  IN  CHILD
 4        PROTECTION  PROCEEDINGS;  AMENDING SECTION 16-1605, IDAHO CODE, TO PROVIDE
 5        THAT REASONABLE EFFORTS TO PREVENT  THE  PLACEMENT  OF  A  CHILD  ARE  NOT
 6        REQUIRED  UNDER  SPECIFIED  CIRCUMSTANCES; AMENDING SECTION 16-1610, IDAHO
 7        CODE, TO SPECIFY CONDITIONS WHEN REASONABLE EFFORTS WERE NOT REQUIRED  AND
 8        TO  PROVIDE  THAT THE DEPARTMENT MAY DEVELOP CASE PLANS WHICH CONCURRENTLY
 9        PURSUE REUNIFICATION AND PLACEMENT OF A  CHILD  FOR  ADOPTION  OR  WITH  A
10        GUARDIAN,  AND  TO SEEK MAINTENANCE OF SIGNIFICANT RELATIONSHIPS; AMENDING
11        SECTION 16-1615, IDAHO CODE, TO PROVIDE THE TIME FOR HEARINGS AND TO  PRO-
12        VIDE  THAT  THE  DEPARTMENT  SHALL JOIN IN ANY PETITION FOR TERMINATION OF
13        PARENTAL RIGHTS OF CHILDREN IN THE CUSTODY OF THE DEPARTMENT, AND MAY CON-
14        CURRENTLY APPROVE THE ADOPTION; AMENDING SECTION 16-1623, IDAHO  CODE,  TO
15        PROVIDE  THAT  THERE  IS A REBUTTABLE PRESUMPTION THAT PERMANENCY PLANNING
16        WILL BEGIN FOR ANY CHILD WHO IS IN THE CARE OF THE DEPARTMENT FOR A PERIOD
17        OF FIFTEEN  OF  THE  PREVIOUS  TWENTY-TWO  MONTHS;  AND  AMENDING  SECTION
18        16-2010, IDAHO CODE, TO PROVIDE THE TIME FOR HEARINGS.

19    Be It Enacted by the Legislature of the State of Idaho:

20        SECTION  1.  That  Section 16-1601, Idaho Code, be, and the same is hereby
21    amended to read as follows:

22        16-1601.  POLICY. The policy of the state of Idaho is hereby  declared  to
23    be the establishment of a legal framework conducive to the judicial processing
24    of  child abuse, abandonment and neglect cases, and the protection of children
25    whose life, health or welfare is endangered.  At all times the health and
26    safety of the child shall be the primary concern.    Each  child  coming
27    within  the purview of this chapter shall receive, preferably in his own home,
28    the care, guidance and control that will promote  his  welfare  and  the  best
29    interest  of  the state of Idaho, and if he is removed from the control of one
30    (1) or more of his parents, guardian  or  other  custodian,  the  state  shall
31    secure  adequate  care  for  him;  provided,  however, that the state of Idaho
32    shall, to the fullest extent possible, seek to preserve, protect, enhance  and
33    reunite  the  family relationship. This chapter seeks to coordinate efforts by
34    state and local public agencies, in  cooperation  with  private  agencies  and
35    organizations, citizens' groups, and concerned individuals, to:
36        (1)  preserve the privacy and unity of the family whenever possible;
37        (2)  take  such  actions  as  may be necessary and feasible to prevent the
38    abuse, neglect or abandonment of children;
39        (3)  clarify for the purposes of this act the rights and  responsibilities
40    of parents with joint legal or joint physical custody of children at risk.

41        SECTION  2.  That  Section 16-1605, Idaho Code, be, and the same is hereby
42    amended to read as follows:


                                          2

 1        16-1605.  PETITION. (a) A petition invoking the jurisdiction of the  court
 2    under this chapter shall be filed in the manner provided in this section:
 3        (1)  A  petition  must be signed by the prosecutor or deputy attorney gen-
 4        eral before being filed with the court.
 5        (2)  Any person or governmental body of  this  state  having  evidence  of
 6        abuse, abandonment, or neglect of a child may request the attorney general
 7        or  prosecuting  attorney  to file a petition. The prosecuting attorney of
 8        the county where the child resides may file a petition on  behalf  of  any
 9        child  whose parent, guardian, or custodian has been accused in a criminal
10        complaint of the crime of cruel treatment or neglect as defined in section
11        18-1501, Idaho Code.
12        (b)  Petitions shall be entitled "In the Matter of .............., a child
13    under the age of eighteen (18) years" and shall be verified and set forth with
14    specificity:
15        (1)  The facts which bring the child within the provisions of  this  chap-
16        ter, with the actions of each parent described therein;
17        (2)  The name, birthdate, sex, and residence address of the child;
18        (3)  The name, birthdate, sex, and residence address of all other children
19        living  at  or having custodial visitation at the home where the injury to
20        the subject child occurred;
21        (4)  The names and residence addresses of  both  the  mother  and  father,
22        guardian  or other custodian. If neither of his parents, guardian or other
23        custodian resides or can be found within the state, or if their  residence
24        addresses  are  unknown,  the  name  of  any known adult relative residing
25        within the state.
26        (5)  The names and residence addresses of each person having sole or joint
27        legal custody of the children described in this section.
28        (6)  Whether or not there exists a legal document including, but not  lim-
29        ited  to, a divorce decree, stipulation or parenting agreement controlling
30        the custodial status of the children described in this section.
31        (7)  Whether the child is in shelter care, and, if so, the type and nature
32        of the shelter care, the circumstances necessitating  such  care  and  the
33        date and time he was placed in such care.
34        (8)  When  any of the facts required by this section cannot be determined,
35        the petition shall so state. The petition may be based on information  and
36        belief  but in such case the petition shall state the basis of such infor-
37        mation and belief.
38        (9)  The petition shall state that reasonable efforts have been made prior
39        to the placement of the child in care to prevent the removal of the  child
40        from  his  home  or, if such efforts were not provided, that placement was
41        due to immediate danger to the child , or that reasonable efforts  to
42        prevent  placement  were not required as the parent subjected the child to
43        aggravated circumstances .
44        (10) The petition shall state with specificity whether a parent with joint
45        legal custody or a noncustodial parent has been notified of placement.
46        (11) The petition shall state whether a court has adjudicated  the  custo-
47        dial rights of the parents and shall set forth the custodial status of the
48        child.

49        SECTION  3.  That  Section 16-1610, Idaho Code, be, and the same is hereby
50    amended to read as follows:

51        16-1610.  DECREE -- DISPOSITION HEARING. (a) If  a  preponderance  of  the
52    evidence  of  the  adjudicatory  hearing shows that the child comes within the
53    purview of this  chapter, the court shall so decree and in  its  decree  shall


                                          3

 1    make  a  finding  of  the facts and conclusions of law upon which it exercises
 2    jurisdiction over the child.
 3        (b)  Upon entry of its decree, the court may consider any information rel-
 4    evant to the disposition of the child, but in any event shall:
 5        (1)  Place the child under protective supervision in his own home  for  an
 6        indeterminate  period not to exceed one (1) year from the date entered but
 7        the court may extend the period of time upon a showing by  the  authorized
 8        agency  that  continued supervision is necessary for the best interests of
 9        the child; or
10        (2)  Vest legal custody in the department or other authorized agency  sub-
11        ject  to  residual  parental rights and subject to full judicial review by
12        the court of all matters relating to the  custody  of  the  child  by  the
13        department  or other authorized agency. The court shall make written find-
14        ings as to whether the department made reasonable efforts to  prevent  the
15        placement  of the child in foster care, including findings, when appropri-
16        ate, that:
17             (i)   reasonable efforts were made but were not successful in  elimi-
18             nating the need for foster care placement of the child;
19             (ii)  reasonable efforts were not made because of immediate danger to
20             the child;  or 
21             (iii) reasonable  efforts to temporarily place the child with related
22             persons were made but were not successful ; or
23             (iv)  reasonable efforts were not required as  the  parent  had  sub-
24             jected  the  child  to  aggravated circumstances as determined by the
25             court including, but not limited to:  abandonment;  torture;  chronic
26             abuse; sexual abuse; committed murder; committed voluntary manslaugh-
27             ter;  aided  or  abetted, attempted, conspired or solicited to commit
28             such a murder or voluntary manslaughter; committed a  felony  assault
29             that  results in serious bodily injury to any child of the parent; or
30             the parental rights of the parent to a sibling have  been  terminated
31             involuntarily and that as a result, a hearing to determine the perma-
32             nent  future plan for this child will be held within thirty (30) days
33             of this determination. Reasonable efforts shall be made to place  the
34             child  in  a timely manner in accordance with the permanency plan and
35             to complete whatever steps are necessary to  finalize  the  permanent
36             placement of the child. Whenever possible, the child's connections to
37             the  community, including individuals with a significant relationship
38             to the child, religious organizations and community activities,  will
39             be maintained through the transition .
40          (3)  The  court shall make written findings that reasonable efforts
41        to reunify are not required as the  parent  had  subjected  the  child  to
42        aggravated  circumstances including, but not limited to: abandonment; tor-
43        ture; chronic abuse; sexual abuse; committed murder;  committed  voluntary
44        manslaughter;  aided or abetted, attempted, conspired or solicited to com-
45        mit such a murder or voluntary manslaughter; committed  a  felony  assault
46        that results in serious bodily injury to the child or another child of the
47        parent; or the parental rights of the parent to a sibling have been termi-
48        nated voluntarily. 
49        (c)  A  decree  vesting  legal  custody in the department shall be binding
50    upon the department, and shall state the department shall  prepare  a  written
51    case  plan  within  thirty (30) days of placement designed to make it possible
52    for the child to return to his home  or may concurrently contain  reason-
53    able  efforts to place the child for adoption or with a legal guardian ;
54    shall state with specificity the role of the department  toward  each  parent;
55    and  shall  be for an indeterminate period not to exceed one (1) year from the


                                          4

 1    date entered, except that the department may file a petition  with  the  court
 2    requesting renewal of the order and the court, after notice to the parties and
 3    hearing and finding, may renew the order if it finds such renewal necessary to
 4    safeguard  the best interests of the child. Renewals may be made during minor-
 5    ity, but no order shall have any force or effect beyond minority. The  depart-
 6    ment may petition the court at any time to vacate any order placing a child in
 7    its  custody  or  under its protective supervision, but must provide notice of
 8    hearing to each parent having joint custody.  Upon  such  renewal,  the  court
 9    shall  expressly include in its order determination of the  future status
10    of the child, specifically stating whether the child should return home,  con-
11    tinue  in  foster care for a specified time, be placed for adoption or, due to
12    special needs, be in foster care permanently or long term    perma-
13    nency  plan  for  the child that includes whether, and if applicable when, the
14    child will be returned to the parent, placed for adoption and the  state  will
15    file  a  petition  for  termination  of parental rights, or referred for legal
16    guardianship or, in cases where compelling reasons exist that it would not  be
17    in  the  best  interest  of  the child to terminate parental rights, placed in
18    another permanent living arrangement .
19        (d)  A decree vesting legal custody in an authorized agency other than the
20    department shall be, for an indeterminate period of time not to exceed one (1)
21    year from the date entered, but the court may extend the period of time during
22    the child's minority upon a showing by the authorized  agency  that  continued
23    custody  or  supervision is necessary for the best interests of the child, and
24    on such other terms as the court shall state in its decree to be in  the  best
25    interests  of  the  child  and  which the court finds to be acceptable to such
26    authorized agency.
27        (e)  In order to preserve the unity of the family system and to insure the
28    best interests of the child whether issuing an order of protective supervision
29    or an order of legal custody, the court may consider extending or initiating a
30    protective order as part of the decree. The protective order shall  be  deter-
31    mined  as  in the best interests of the child and upon a showing of continuing
32    danger to the child. The conditions and terms of the protective order shall be
33    clearly stated in the decree.
34        (f)  If the court does not find that the child comes within the purview of
35    this chapter pursuant to subsection (a) of this section it shall  dismiss  the
36    petition.

37        SECTION  4.  That  Section 16-1615, Idaho Code, be, and the same is hereby
38    amended to read as follows:

39        16-1615.  TERMINATION OF PARENT-CHILD RELATIONSHIP. If the child has  been
40    placed  in  the  custody of the department or under its protective supervision
41    pursuant to section 16-1610, Idaho Code, the department may , after three
42    (3) months,  petition the court for termination of the parent and  child
43    relationship  in  accordance with chapter 20, title 16, Idaho Code , pro-
44    vided that no petition for termination of the parent  and  child  relationship
45    shall be made within three (3) months of a prior petition for such termination
46    .    The department shall join as a party to the petition if such a
47    petition to terminate is filed by another party; as well  as  to  concurrently
48    identify,  recruit, process and approve a qualified family for adoption unless
49    it is determined that such actions would not be in the best  interest  of  the
50    child, or the child is placed with a relative.  If termination of paren-
51    tal  rights  is  granted  and the child is placed in the guardianship or legal
52    custody of the department of health and  welfare  the  court,  upon  petition,
53    shall  conduct  a  hearing  as  to the future status of the child within 


                                          5

 1    eighteen   twelve  (1 8  2 ) months  of
 2    the  order  of termination of parental rights, and every  eighteen 
 3     twelve  (1 8  2 ) months  subsequently until
 4    the child is adopted or is in a placement sanctioned by the court.

 5        SECTION 5.  That Section 16-1623, Idaho Code, be, and the same  is  hereby
 6    amended to read as follows:

 7        16-1623.  POWERS  AND DUTIES OF THE DEPARTMENT. The department, working in
 8    conjunction with the court and other public and private agencies and  persons,
 9    shall  have  the primary responsibility to implement the purpose of this chap-
10    ter. To this end, the department is empowered and shall have the  duty  to  do
11    all  things  reasonably  necessary  to  carry out the purpose of this chapter,
12    including, but not limited to, the following:
13        (a)  The department shall administer treatment programs for the protection
14    and care of neglected, abused and abandoned children,  and  in  so  doing  may
15    place  in  foster  care, shelter care, group homes or other diagnostic, treat-
16    ment, or care centers or facilities, children of whom it has been  given  cus-
17    tody.  The  department  is  to be governed by the standards found in title 39,
18    chapter 12, Idaho Code.
19        (b)  On December 1, the department shall make an annual statistical report
20    to the governor covering the preceding fiscal year showing the number and sta-
21    tus of persons in its custody and including such other data  as  will  provide
22    sufficient facts for sound planning in the conservation of children and youth.
23    All  officials  and  employees of the state and of every county and city shall
24    furnish the department upon request, such information within  their  knowledge
25    and  control as the department deems necessary. Local agencies shall report in
26    such uniform format as may be required by the department.
27        (c)  The department shall be required to maintain a central  registry  for
28    the reporting of child neglect, abuse and abandonment information.
29        (d)  The  department  shall make periodic evaluation of all persons in its
30    custody or under its supervision for the purpose of determining whether exist-
31    ing orders and dispositions in individual cases shall be modified or continued
32    in force. Evaluations may be made as frequently as  the  department  considers
33    desirable  and  shall  be  made  with respect to every person at intervals not
34    exceeding six (6) months. Reports of evaluation made pursuant to this  section
35    shall  be  filed  with  the  court which vested custody of the person with the
36    department. Reports of evaluation shall be provided to persons having full  or
37    partial  legal  or  physical  custody of a child. Failure of the department to
38    evaluate a person or to reevaluate him within six (6)  months  of  a  previous
39    examination  shall not of itself entitle the person to a change in disposition
40    but shall entitle him, his parent, guardian or custodian  or  his  counsel  to
41    petition the court pursuant to section 16-1611, Idaho Code.
42        (e)  In  a consultive capacity, the department shall assist communities in
43    the development of constructive programs for the  protection,  prevention  and
44    care of children and youth.
45        (f)  The  department shall keep written records of investigations, evalua-
46    tions, prognosis and all orders concerning disposition or treatment  of  every
47    person  over whom it has legal custody. Department records shall be subject to
48    disclosure according to chapter 3,  title  9,  Idaho  Code,  unless  otherwise
49    ordered  by the court, the person consents to the disclosure, or disclosure is
50    necessary for the delivery of services to the person. Notwithstanding the pro-
51    visions restricting disclosure or the provisions of section 9-340, Idaho Code,
52    all records pertaining to investigations, the  rehabilitation  of  youth,  the
53    protection  of children, evaluation, treatment and/or disposition records per-


                                          6

 1    taining to the statutory responsibilities of the department shall be disclosed
 2    to any duly elected state official carrying out his official functions.
 3        (g)  The department shall establish appropriate administrative  procedures
 4    for  the  processing  of  complaints  of  child neglect, abuse and abandonment
 5    received and for the implementation of the protection, treatment and  care  of
 6    children  formally or informally placed in the custody of the department under
 7    this chapter.
 8        (h)  The department having been granted legal custody of a child,  subject
 9    to  the judicial review provisions of this subsection, shall have the right to
10    determine where and with whom the child shall live, provided  that  the  child
11    shall  not  be  placed outside the state without the court's consent. Provided
12    however, that the court shall retain jurisdiction over the child, which juris-
13    diction shall be entered on any order or petition granting  legal  custody  to
14    the  department, and the court shall have jurisdiction over all matters relat-
15    ing to the child. The department shall not place the child in  the  home  from
16    which the court ordered the child removed without first obtaining the approval
17    of the court.
18        (i)  The department shall give to the court any information concerning the
19    child  that  the  court may at any time require, but in any event shall report
20    the progress of the child under its custody at intervals of not to exceed  six
21    (6)  months.   There shall be a rebuttable presumption that if a child is
22    placed in the custody of the department and was also placed in out of the home
23    care for a period not less than fifteen (15) out of the last  twenty-two  (22)
24    months from the date of adjudication, the department shall initiate a petition
25    for  termination  of  parental  rights.  This presumption may be rebutted by a
26    finding of the court that the filing of a petition for termination of parental
27    rights would not be in the best interests of the child or  reasonable  efforts
28    have  not  been provided to reunite the child with his family, or the child is
29    placed permanently with a relative. 
30        (j)  The department shall establish appropriate administrative  procedures
31    for  the conduct of administrative reviews and hearings as required by federal
32    statute for all children committed to the department and placed in out of home
33    care.
34        (k)  At any time the department is considering  a  placement  pursuant  to
35    this  act, the department shall make a reasonable effort to place the child in
36    the least disruptive environment to the child and in so  doing  may  consider,
37    without limitation, placement of the child with related persons.

38        SECTION  6.  That  Section 16-2010, Idaho Code, be, and the same is hereby
39    amended to read as follows:

40        16-2010.  DECREE. Every order of the  court  terminating  the  parent  and
41    child relationship or transferring legal custody or guardianship of the person
42    of  the  child, or providing for protective supervision of the child, shall be
43    in writing and shall recite the findings  upon  which  such  order  is  based,
44    including findings pertaining to the court's jurisdiction.
45        a.  If the court finds sufficient grounds exist for the termination of the
46    parent and child relationship, it shall so decree and:
47        (1)  Appoint an individual as guardian of the child's person, or
48        (2)  Appoint  an  individual  as  guardian  of the child's person and vest
49        legal custody in another individual or in an authorized agency, or
50        (3)  Appoint an authorized agency as guardian of the  child's  person  and
51        vest legal custody in such agency.
52        (4)  The  decree  shall  also reflect that the parent has been notified of
53        the existence of the voluntary adoption registry, established  in  section


                                          7

 1        39-259A, Idaho Code.
 2        The  court  shall also make an order fixing responsibility for the child's
 3    support. The parent and child relationship may be terminated with  respect  to
 4    one  (1)  parent  without affecting the relationship between the child and the
 5    other parent.
 6        b.  Where the court does not order termination of  the  parent  and  child
 7    relationship, it shall dismiss the petition; provided, however, that where the
 8    court  finds that the best interest of the child requires substitution or sup-
 9    plementation of parental care and supervision, it shall make an order  placing
10    the  child under protective supervision, or vesting temporary legal custody in
11    an authorized agency, fixing responsibility for temporary child  support,  and
12    designating the period of time during which the order shall remain in effect.
13        c.  If  termination  of parental rights is granted and the child is placed
14    in the guardianship or legal custody of the department of health  and  welfare
15    the  court,  upon petition, shall conduct a hearing as to the future status of
16    the  child  within    eighteen      twelve    (1  8
17     2 ) months of the order of termination of  parental  rights,
18    and  every    eighteen   twelve  (1 8  2
19    ) months subsequently until the child is adopted or is  in  a  placement
20    sanctioned by the court.

Statement of Purpose / Fiscal Impact


    





    STATEMENT OF PURPOSE
       RS 07930C1
    
    This bill is designed to bring Idaho into compliance with the Adoption and Safe 
    Families Act of 1997. It provides for a series of changes that will expedite the 
    permanency of children in the Department's care. This bill amends Idaho Code Section 
    16-1601 to clarify that the health and safety of the child is the paramount concern in 
    any child protection proceeding.
    
    Section 16-1605(b)(9) is amended and 16-1610(b)(2)(iv) is added to state that when 
    a child is subjected to aggravated circumstances, reasonable efforts to prevent the 
    placement or reunify the child with their family are not required, and reasonable 
    efforts to place the child in a permanent setting are required. This language provides 
    that under certain circumstances, the Department of Health and Welfare does not need 
    to make reasonable efforts to prevent the removal of a child from their home and 
    subsequent placement into alternate care. Rather, the Department must make reasonable 
    efforts to place the child into a permanent situation such as through adoption, 
    guardianship or placement with a relative. Section 161610(b)(9) is also amended to 
    provide that a child's connections to individuals with a significant relationship to 
    the child, schools, religious organizations, community activities will be maintained 
    through transition. Section 16-1610(c) states the Department may develop concurrent 
    case plans that simultaneously pursue both reunification of a child with their family 
    and placement of the child for adoption or with a guardian.
    
    Section 16-1615 is amended to state that the Department shall. join in any 
    petitions for Termination of Parental Rights for children in the care of the 
    Department and concurrently approve the adoption. Section 16-1615 and 16-2010 are 
    amended to state that reviews regarding the future status of children for whom 
    parental rights have been terminated shall be conducted every twelve months. Section 
    16-1623(I) states that for any child who is in the care of the Department for a period 
    to exceed fifteen out of the previous twenty-two months, there is a rebuttable 
    presumption that permanency planning, other than reunification, will be implemented.
    
    This bill will make significant changes to the child welfare system to ensure 
    the health, safety and permanency of a child. are the focus of practice.
    
    FISCAL NOTE
    
    As a hearing is required within thirty days in certain cases, there will be some 
    impact on the court system. The number of such hearings is unknown. Efforts to identify, 
    recruit, provide education and appropriate home studies for increased numbers of 
    subsidized adoptive families will have a fiscal impact for the Department of Health and 
    Welfare. This impact may be offset in future years by incentive payments for increased 
    adoptions and decreased number of children in foster care.
    
      CONTACT: Roseanne Hardin, Department of Health & Welfare 334-5680STATEMENT OF PURPOSE/FISCAL NOTE
    
    S 1437