Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking the bill in its entirety after the enacting words and inserting:
/ SECTION 1. This act may be cited as the "Safe Children's Act".
SECTION 2. Subarticle 3, Article 3, Chapter 7, Title 63 of the 1976 Code is amended by adding:
"Section 63-7-645. (A)(1)
Following the initiation of an investigation of a report
of suspected child abuse or neglect pursuant to Section
63-7-920, the department may determine that a child or children
need to be temporarily placed with a relative or other person
who is willing to serve as an interim placement for the child or
children. The relative or other person must meet the
requirements established pursuant to subsection (E). The
department shall develop and execute a safety plan regarding the
placement with the relative or other person within seventy-two
hours of the decision for placement. The purpose of the safety
plan is to reduce imminent threats to a child's safety.
(2)
A safety plan does not:
(a)
remove legal custody of the child from the parent or
guardian; or
(b)
modify an existing court order regarding custody of the
child, visitation, or child support.
(B)(1) A safety plan
expires no later than ninety days after receipt of the report of
suspected child abuse or neglect. At the conclusion of the
investigation or upon expiration of the safety plan, whichever
comes first:
(a)
the child may return to the home, if the department
determines that return of the child would not cause an
unreasonable risk of harm to the child's physical health,
safety, and well-being;
(b)
the department shall file a removal action pursuant to
Section 63-7-1660;
(c)
the department shall file an intervention action pursuant
to Section 63-7-1650; or
(d)
the department shall provide family preservation services
pursuant to Section 63-7-1510.
(2)
A safety plan must terminate immediately upon a
determination by the department that a report is unfounded.
(C) A safety plan must
be a written document and must be prepared by the department
with the participation of the parent, custodian, or guardian and
the relative or other person identified by the department to
serve as an interim placement for the child or children, and be
signed by all participants. It must include, at a minimum:
(1)
the name and address of the parent, custodian, or
guardian;
(2)
the name and address of the relative or other person;
(3)
the name, address, and telephone number of the department
case worker and supervisor;
(4)
the name and date of birth of the child;
(5)
a description of the reasons why a safety plan is
required;
(6)
a description of the actions to be taken by the parent,
custodian, or guardian; the responsibilities of the relative or
other person; and the responsibilities of the department to
protect the child during the safety plan;
(7)
a plan for visitation and other contact between the child
and the parent, custodian, or guardian;
(8)
a description of the immediate needs of the child
including, but not limited to, educational, medical, and mental
health needs;
(9)
the date on which the safety plan expires;
(10)
a plan for the financial support of the child, if placed
out of the home; and
(11)
a statement that the department has the right to file a
court action at any time, if the parent, custodian, or guardian
or the relative or other person fails to comply with the safety
plan or if the department determines that the safety plan
otherwise fails to reduce threats to the child's safety and a
statement that the parent, custodian, or guardian may be
entitled to representation by an attorney in such court
action.
(D) The department
shall monitor the safety plan weekly, or more often if
considered necessary, to assess the plan's effectiveness in
controlling immediate threats to safety. The department shall
make face-to-face contact with the child at least monthly. The
safety plan may be amended to respond to any needs identified by
the participants if amendment would enhance the effectiveness of
the safety plan in controlling immediate threats to the child's
safety. Any amendments must comply with the requirements set
out in subsection (C). In no event shall an amendment to a
safety plan extend the duration of the safety plan beyond ninety
days.
(E)(1) Before agreeing
to placement of the child with a relative or other person, the
department shall:
(a)
interview the relative or other person to determine the
person's willingness, fitness, and suitability to serve as a
placement; and
(b)
visit the relative's or other person's home to ensure that
the placement is safe and appropriate for the needs of the
child.
(2) Within twenty-four
hours of placing the child with a relative or other person, the
department shall secure from the person with whom the child is
placed and other adults in the home a signed, written statement
attesting that no adult or child residing in the home has a
history of child abuse or neglect and that no adult or child
residing in the home has a criminal history that indicates that
there is a significant risk that the child would be threatened
with abuse or neglect in the home.
(3)
Within five days, the department shall confirm the
information supplied in the signed, written statement by
checking the Central Registry of Child Abuse and Neglect, other
relevant department records, county sex offender registries, and
records for the preceding five years of law enforcement agencies
in the jurisdiction in which the relative or other person and,
to the extent reasonably possible, jurisdictions in which the
relative or other person has resided during that period. The
relative or other person shall consent to a background check by
the department as provided for in this subsection.
(4)
The department must not agree to a placement if the
interview, home visit, or signed, written statement, or records
obtained pursuant to item (3) reveal information indicating
there is a significant risk that the child would be threatened
with abuse or neglect in the home."
SECTION 3. Article 3, Chapter 7, Title 63 of the 1976 Code is amended by adding Subarticle 10:
Section 63-7-1510. The
purpose of this subarticle is to provide a process for the
delivery of protective services when a report has been indicated
pursuant to subarticles 5 and 13, and is not being brought
before the family court for disposition.
The department shall develop a child and
family plan pursuant to the requirements established in
63-7-1520 for the provision of family preservation services. The
department shall monitor the family and, at a minimum, have
monthly face-to-face visits with any child who suffered harm as
that term is defined in Section 63-7-20(4). Additionally, the
department shall conduct at least monthly face-to-face visits
with all children who live in the home where the harm occurred
and in the home of any perpetrator.
Section 63-7-1520. (A)
When a report has been indicated pursuant to
subarticles 5 and 13 and will not be brought before the family
court for disposition, the department immediately shall
coordinate services to ensure the safety and welfare of the
minor children. However, no later than forty five days after
the indicated case decision, the department shall develop a
child and family plan. The plan must be a written document
prepared by the department. To the extent possible, the plan
must be prepared with the participation of the parents,
custodian, or guardian of the child, the child, and any other
agency or individual that will be required to provide services
in order to implement the plan. At a minimum, the plan must:
(1)
be signed by the parents, custodian, or guardian, the
department, and, if applicable, the relative or other person
designated as an alternative placement for the child;
(2)
detail any changes in behavior or home conditions that
must be made and any services that must be provided to the
family to ensure, to the greatest extent possible, that the
child will not be endangered;
(3)
describe any limitations on the parent's, custodian's, or
guardian's contact with the minor child and a plan for
visitation and other contact between the child and the parent,
custodian, or guardian;
(4)
include the name and address of the parents, custodian, or
guardian, and if applicable, the name and address of the
relative or other person; the name, address, and telephone
number of the department case worker and supervisor; and the
name and date of birth of the child;
(5)
describe the reasons a plan is required;
(6)
describe the actions to be taken by the parent, custodian,
or guardian; the responsibilities of the relative or other
person; and the responsibilities of the department to protect
the child during the plan;
(7)
list the needs of the child including, but not limited to,
educational, medical, and mental health needs;
(8)
provide the date on which the plan expires;
(9)
address the financial support of the child, if placed out
of the home;
(10)
contain a notice that the department has the right to file
a court action for intervention or removal of the child at any
time, if the parent, custodian, or guardian or the relative or
other person fails to comply with the plan or if the department
determines that the plan otherwise fails to reduce threats to
the child's safety and a notice that the parent, custodian, or
guardian may be entitled to representation by an attorney in
such court action. The notice must be printed in boldface print
or in all upper case letters; and
(11)
contain the following language in bold face type on the
first page: 'Placing the child or children by the parent(s) or
custodian(s) with a third party is a voluntary act. At any time
during this agreement the parent(s) or custodian(s) may elect to
discontinue the out-of-home placement and request the return of
the child or children by notifying the department in writing.
However, nothing prevents the department from requesting law
enforcement to place the child or children in emergency
protective custody, filing an action seeking emergency removal
of the child or children including requesting ex parte relief,
filing an action for nonemergency removal, or filing an action
to intervene to provide services.
(B) The department
shall give a copy of the plan to the parents, custodian, or
guardian. The department shall give a copy of any portion of the
plan that pertains to a relative or other person to that
person.
(C) If a child is to be
placed out of the home pursuant to a child and family plan:
(1)
Before agreeing to placement of the child with a relative
or other person, the department shall:
(a)
interview the relative or other person to determine the
person's willingness, fitness, and suitability to serve as a
placement; and
(b)
visit the relative's or other person's home to ensure that
the placement is safe and appropriate for the needs of the
child;
(2)
Within twenty-four hours of placing the child with a
relative or other person, the department shall secure from the
person with whom the child is placed and other adults in the
home a signed, written statement attesting that no adult or
child residing in the home has a history of child abuse or
neglect and that no adult or child residing in the home has a
criminal history that indicates that there is a significant risk
that the child would be threatened with abuse or neglect in the
home.
(3)
Within five days, the department shall confirm the
information supplied in the signed, written statement by
checking the Central Registry of Child Abuse and Neglect, other
relevant department records, county sex offender registries, and
records for the preceding five years of law enforcement agencies
in the jurisdiction in which the relative or other person and,
to the extent reasonably possible, jurisdictions in which the
relative or other person has resided during that period. The
relative or other person shall consent to a background check by
the department as provided for in this subsection.
(4)
The department must not agree to a placement if the
interview, home visit, or signed, written statement, or records
obtained pursuant to item (3) reveal information indicating
there is a significant risk that the child would be threatened
with abuse or neglect in the home.
(D) At a minimum, the department shall
review the effectiveness of the plan every three months to
determine whether all issues relating to abuse or neglect of the
child are being appropriately addressed by the plan, including
whether additional services are needed, progress is being made
toward the required behavioral changes, and whether the child
can be safely maintained in the home. The plan may be amended
at any time if the department, the parent, custodian, or
guardian, and, if applicable, the relative or other person
agrees to the revision. The plan must terminate within six
months unless:
(1)
the parent, custodian, or guardian has demonstrated due
diligence and a commitment to correcting conditions that led to
the indicated case decision;
(2)
there are specific reasons to believe the conditions that
led to the indicated case decision will be corrected by the end
of an extension of time; and
(3)
the department documents specific reasons for extension of
the plan.
In no event shall the plan exceed twelve
months from the date it is first signed. An amendment to a plan
or receipt of an additional indicated report must not extend the
time.
Section 63-7-1530. (A)
Family preservation services pursuant to this subarticle must
terminate when the department determines the child can be safely
maintained in the home. If the child has resided with a relative
or other person during the delivery of family preservation
services, the child may return home when the child can be safely
maintained in the home. In no event may family preservation
services pursuant to this subarticle exceed twelve months from
the date a child and family plan is first signed.
(B) At any time during the delivery of
family preservation services if the department determines that a
child cannot be safely maintained in the home of the parent,
custodian, or guardian, or a relative or other person, the
department may petition the family court for relief pursuant to
Section 63-7-1650 or 63-7-1660. If the department determines
there is probable cause to believe that by reason of abuse or
neglect there exists imminent and substantial danger to the
child's life, health, or physical safety, the department shall
report this determination to a law enforcement officer, or, in
the alternative, shall seek ex parte relief from the family
court pursuant to Section 63-7-740."
SECTION 4. Section 63-7-20 (21) - (27) of the 1976 Code, as last amended by Act 238 of 2016, is further amended to read:
"(21)
'Placement Plan' means a plan developed pursuant to
Section 63-7-1680.
(22)
'Preponderance of evidence' means evidence which, when
fairly considered, is more convincing as to its truth than the
evidence in opposition.
(22)(23)
'Probable cause' means facts and circumstances
based upon accurate and reliable information, including hearsay,
that would justify a reasonable person to believe that a child
subject to a report under this chapter is abused or
neglected.
(23)(24)
'Protective services unit' means the unit
established within the Department of Social Services which has
prime responsibility for state efforts to strengthen and improve
the prevention, identification, and treatment of child abuse and
neglect.
(24)(25)
'Reasonable and prudent parent standard' means the
standard of care characterized by careful and sensible parental
decisions that maintain the health, safety, and best interest of
a child while at the same time encouraging the growth and
development of the child, that a caregiver shall use when
determining whether to allow a child in foster care to
participate in age or developmentally appropriate
activities.
(26) 'Safety
Plan' means a plan developed pursuant to Section 63-7-645.
(25)(27)
'Subject of the report' means a person who is
alleged or determined to have abused or neglected the child, who
is mentioned by name in a report or finding.
(26)(28)
'Suspected report' means all initial reports of
child abuse or neglect received pursuant to this chapter.
(29)
'Treatment Plan' means a plan developed pursuant to
Section 63-7-1670.
(27)(30)
'Unfounded report' means a report made pursuant to
this chapter for which there is not a preponderance of evidence
to believe that the child is abused or neglected. For the
purposes of this chapter, it is presumed that all reports are
unfounded unless the department determines otherwise."
SECTION 5. Section 63-7-650 of the 1976 Code is amended to read:
"Section 63-7-650.
Before agreeing to or acquiescing in a corrective
action that involves the placement of
the a child with a relative or other
person or making an interim placement with a
relative while retaining custody of the child or as
soon as possible after agreeing to or acquiescing to the
placement of the child the department shall follow procedures
established in Section 63-7-645.
in a corrective action, the department shall secure
from the relative or other person and other adults in the home
an affidavit attesting to information necessary to determine
whether a criminal history or history of child abuse or neglect
exists and whether this history indicates there is a significant
risk that the child would be threatened with abuse or neglect in
the home of the relative or other person. As soon as possible,
the department shall confirm the information supplied in the
affidavit by checking the Central Registry of Child Abuse and
Neglect, other relevant department records, county sex offender
registries, and records for the preceding five years of law
enforcement agencies in the jurisdiction in which the relative
or other person resides and, to the extent reasonably possible,
jurisdictions in which the relative or other person has resided
during that period. The department must not agree to or
acquiesce in a placement if the affidavit or these records
reveal information indicating there is a significant risk that
the child would be threatened with abuse or neglect in the home
of the relative or other person. The relative or other person
must consent to a check of the above records by the
department."
SECTION 6. Section 63-7-690 of the 1976 Code is amended to read:
"Section 63-7-690.
(A) If within the twenty-four hours following
removal of the child The department may place the
child with a relative or other person instead of taking legal
custody of the child if within the twenty-four hours following
removal of the child:
(1) the department has
identified a specified relative or other person with whom it has
determined that the child is to be placed instead of the
department's taking legal custody of the child; and
(2) both the
relative or other person with whom the child is to be placed and
the child's parent or guardian have agreed to the placement, the
department may retain physical custody of the child for no more
than five additional days if necessary to enable the relative or
other person to make travel or other arrangements incident to
the placement the department and the relative or
other person have complied with the requirements of Section
63-7-645.
(B) The department
may retain physical custody of the child for no more than five
additional days if necessary to enable the relative or other
person to make travel or other arrangements incident to the
placement.
(C) A
probable cause hearing pursuant to Section 63-7-710 shall not be
held unless the placement fails to occur as planned within the
five-day period or the child's parent or guardian makes a
written request for a hearing to the department. The department
must give the child's parent or guardian written notice of the
right to request a probable cause hearing to obtain a judicial
determination of whether removal of the child from the home was
and remains necessary. Upon receipt of a written request for a
hearing from the child's parent or guardian, the department
shall schedule a hearing for the next date on which the family
court is scheduled to hear probable cause hearings.
(C)(D)
If the placement does not occur as planned within
the five-day period, the department immediately must determine
whether to assume legal custody of the child and file a petition
as provided in Section 63-7-700(B). The department shall assure
that the child is given age-appropriate information about the
plans for placement and any subsequent changes in those plans at
the earliest feasible time."
SECTION 7. Section 43-3-60 of the 1976 Code is amended to read:
"Section 43-3-60.
(A) The respective county
directors shall act as the representatives of the director in
administering such welfare activities within the county as are
provided for by law or as are directed and required by the
director when not otherwise provided for by law. Each of such
county directors shall see that all laws are enforced for the
protection and welfare of minors and the removal of moral
menaces to the young and to safeguard and promote the health,
education and general welfare of minors. Subject to the rules
and regulations of the state department, each of the county
directors may use any funds supplied by the county in which the
county department operates for such purposes as may be directed
by law, in addition to their other duties. Each county director
shall serve as the agent of the state department in the
performance of such functions as the director may delegate to
it.
(B) The
respective county directors shall act as the representatives of
the director in facilitating the department's responsibilities
in child abuse or neglect matters including, but not limited to,
child abuse or neglect judicial proceedings. Legal counsel for
the department shall abide by the decisions of the county
directors concerning the objectives of the representation in a
child abuse or neglect action. When a caseworker, or other
county department employee, communicates with the department's
legal counsel about the case, the communication is protected as
a confidential attorney-client communication; however, the
caseworker, or other employee of the county department, is not
the client for purposes of communicating the department's
decisions concerning the objectives of the
representation." /
SECTION 8. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.