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Section 20-7-695. (A) Notwithstanding other provisions of the law affecting confidentiality of child protective services records and use and disclosure of records of unfounded cases, records concerning unfounded reports must be retained and disclosed as provided in this section.

(B) The alleged perpetrator in an unfounded report who has reason to believe that the report was made maliciously or in bad faith has the right to request in writing that records of the report be retained by the department for up to two years from the date of the case decision. The written request must be received by the department within thirty days of the person's receiving notice of the case decision. A person exercising this right may request a copy of the record of the unfounded case and the department shall provide a copy of the record, subject to subsection (C).

(C) The department shall disclose to persons exercising the rights afforded them under this section whether the report was made anonymously. However, the identity of a reporter must not be made available to the person except by order of the family court.

(D) An alleged perpetrator in an unfounded case who believes the report was made maliciously or in bad faith may petition the family court to determine whether there is probable cause to believe that the reporter acted maliciously or in bad faith. The court shall determine probable cause based on an in camera review of the case record and oral or written argument, or both. If the court finds probable cause, the identity of the reporter must be disclosed to the moving party.

(E) Notwithstanding other provisions of the law affecting confidentiality of child protective services records and use and disclosure of records of unfounded cases, a court conducting civil or criminal proceedings resulting from disclosures authorized by this section may order the department to release the record to any party to the case or the law enforcement."

SECTION 8. Section 20-7-736 of the 1976 Code, as last amended by Act 333 of 1994, is further amended to read:

"Section 20-7-736. (A) The family court shall have has exclusive jurisdiction over all proceedings held pursuant to this article.

(B) Upon investigation of a report received under Section 20-7-650 or at any time during the delivery of services by the agency department, the local child protective services agency department may petition the family court in its jurisdiction to remove the child from custody of the parent, or guardian, or other person legally responsible for the child's welfare if

(C) The petition shall contain a full description of the reasons why the child cannot be protected adequately in the custody of the parent or guardian, including facts supporting the department's allegation that the child is an abused or neglected child as defined in Section 20-7-490 and that retention of the child in or return of the child to the home would place the child at unreasonable risk of harm affecting the child's life, physical health or safety, or mental well-being and the child cannot reasonably be protected from this harm without being removed, a description of the condition of the child, any previous efforts to work with the parent or guardian, in-home treatment programs which have been offered and proven inadequate, and the attitude of the parent or guardian towards placement of the child in an alternative setting. The petition shall also shall contain a statement of the harms the child is likely to suffer as a result of removal and a description of the steps that will be taken to minimize the harm to the child that may result upon removal.

(D) Upon receipt of a removal petition under this section, the Family Court shall schedule a hearing to be held within forty days of the date of receipt to determine whether removal is necessary.

The Family Court shall notify the parent or guardian of the hearing by delivering a copy of the petition, together with a notice of the hearing, which must include the date and time of the hearing and an explanation of the right of the parent or guardian to an attorney under Section 20-7-110. The Family Court shall effect delivery at least twenty-four hours before the hearing. The respondent must be allowed to seek leave of court for a continuance of not less than forty-eight hours. Whether or not the petition for removal includes a petition for termination of parental rights, the petition shall contain a notice informing the parents of the potential effect of the hearing on their parental rights and a notice to all interested parties that objections to the sufficiency of a placement plan, if ordered, or of any recommendations for provisions in the plan or court order must be raised

If the petition does not include a petition for termination of parental rights, the notice shall state: `At this hearing the court may order a treatment plan. If you fail to comply with the plan, you could lose your rights as a parent.'

(E) Upon receipt of a removal petition under this section, the family court shall schedule a hearing to be held within thirty-five days of the date of receipt to determine whether removal is necessary. The parties to the petition must be served with a summons and notices of right to counsel and the hearing date and time along with the petition. Personal jurisdiction over the parties is effected if they are served at least seventy-two hours before the hearing. No responsive pleading to the petition is required. The court may authorize service by publication in appropriate cases and may waive the thirty-five days requirement when necessary to achieve service. A party may waive service or appear voluntarily.

(E)(F) A child shall must not be removed from the custody of the parent or guardian unless the court finds that:

(1) The child has been physically injured as defined in Section 20-7-490 and there is a preponderance of the evidence that the child cannot be protected from further physical injury without being removed.

(2) The child has been endangered as otherwise defined in Section 20-7-490 and there is clear and convincing evidence that the child cannot be protected from further harm of the type justifying intervention without being removed.

(3) There is an alternative placement available but in no case shall the placement be a facility for detention of criminal or juvenile offenders. the allegations of the petition are supported by a preponderance of evidence including a finding that the child is an abused or neglected child as defined in Section 20-7-490 and that retention of the child in or return of the child to the home would place the child at unreasonable risk of harm affecting the child's life, physical health or safety, or mental well-being and the child cannot reasonably be protected from this harm without being removed.

(G) It is presumed that a newborn child is an abused or neglected child as defined in Section 20-7-490 and that the child cannot be protected from

(3) a blood or urine test of another child of the mother or a blood or urine test of the mother at the birth of another child showed the presence of any amount of a controlled substance or a metabolite of a controlled substance unless the presence of the substance or the metabolite was the result of medical treatment administered to the mother of the infant or the infant, or

(4) another child of the mother has the medical diagnosis of fetal alcohol syndrome.
This presumption may be rebutted by proof that the father or another adult who will assume the role of parent is available and suitable to provide care for the child in the home of the mother. The father or the other adult must be made a party to the action and subject to the court's order establishing the conditions for maintaining the child in the mother's home. This statutory presumption does not preclude the court from ordering removal of a child upon other proof of alcohol or drug abuse or addiction by the parent or person responsible for the child who has harmed the child or threatened the child with harm.

(F)(H) The petition for removal may include a petition for termination of parental rights under the jurisdiction conferred on the family court by the Family Court Act.

(I) If the court removes custody of the child, the court's order shall contain a finding by the court of whether reasonable efforts were made by the department to prevent removal of the child and a finding of whether continuation of the child in the home would be contrary to the welfare of the child. The order shall state:
(1) the services made available to the family before the removal of the child and how they related to the needs of the family;
(2) the efforts of the agency to provide these services to the family before removal;
(3) why the efforts to provide services did not eliminate the need for removal; and
(4) whether the efforts to eliminate the need for removal were reasonable including, but not limited to, whether they were reasonably

SECTION 9. Section 20-7-738 of the 1976 Code, as added by Act 164 of 1993, is amended to read:

"Section 20-7-738. (A) Upon a determination that a child has been abused, neglected, or endangered as defined in Section 20-7-490, or at any time during the delivery of services by the agency, the local child protective services agency may petition the family court in its jurisdiction for authority to intervene and provide protective services without removal of the child. This petition must be filed in those instances where the family indicates a refusal to cooperate and the agency has probable cause to believe protective services are necessary to protect the child's health or welfare. Upon investigation of a report under Section 20-7-650 or at any time during the delivery of services by the department, the department may petition the family court for authority to intervene and provide protective services without removal of custody if the department determines by a preponderance of evidence that the child is an abused or neglected child and that the child cannot be protected from harm without intervention.

(B) The petition shall contain a full description of the basis for the agency's department's belief that the child cannot be protected adequately without agency department intervention, including a description of the condition of the child, any previous efforts by the agency department to work with the parent or guardian, treatment programs which have been offered and proven inadequate, and the attitude of the parent or guardian towards intervention and protective services.

(C) Upon receipt of a petition under this section, the family court shall schedule a hearing to be held within forty thirty-five days of the filing date of receipt to determine whether intervention is necessary.

The court shall notify the parent or guardian of the hearing by delivering a copy of the petition, together with a notice of the hearing, which must include the date and time of the hearing and an explanation of the right of the parent or guardian to an attorney pursuant to Section 20-7-110. The court shall effect delivery at least twenty-four hours before the hearing. The respondent must be allowed to seek leave of the court for a continuance of not less than forty-eight hours. The parties to the petition must be served with a summons and notices of right to counsel

(D) Intervention and protective services must not be ordered unless the court finds:

(1) (a) the child has been physically injured as defined in Section 20-7-490 and there is a preponderance of the evidence that the child cannot be protected from further physical injury without intervention; or

(b) the child has been endangered as defined in Section 20-7-490 and there is clear and convincing evidence that the child cannot be protected from further harm of the type justifying intervention without intervention; and

(2) the child can be adequately protected through the provision of protective services without removal of custody.

Intervention and protective services must not be ordered unless the court finds that the allegations of the petition are supported by a preponderance of the evidence including a finding that the child is an abused or neglected child as defined in Section 20-7-490 and the child cannot be protected from further harm without intervention."

SECTION 10. Section 20-7-762 of the 1976 Code, as last amended by Part II, Act 164 of 1993, is further amended to read:

"Section 20-7-762. (A) At the close of a hearing pursuant to Section 20-7-738 or 20-7-736 and upon a finding that the child shall remain in the home and that protective services shall continue, the family court shall review and approve a treatment plan designed to alleviate any danger to the child and to aid the parents so that the child will not be endangered in the future.

(B) The plan must be prepared by the child protective services agency department and shall detail any changes in parental behavior or home conditions that must be made and any services which will be provided to the family to ensure, to the greatest extent possible, that the child will not be endangered. Whenever possible, the plan must be prepared with the participation of the parents, the child, and any other agency or individual that will be required to provide services. The plan must be submitted to the court at the hearing. If any changes in the plan are ordered, the agency department shall submit a revised plan to the court within two weeks of the hearing, with copies to the parties and legal counsel. Any

(C) Unless services are to terminate earlier, the agency department shall schedule a review hearing before the court at least once every twelve months to establish whether the conditions which required the initial intervention exists exist. If the conditions no longer exist, the court shall order termination of protective services, and the court's jurisdiction shall end. If the court finds that the conditions which required the initial intervention are still present, it shall establish:

(1) what services have been offered to or provided to the parents;

(2) whether the parents are satisfied with the delivery of services;

(3) whether the agency department is satisfied with the cooperation given to it the department by the parents;

(4) whether additional services should be ordered and when termination of supervision by the agency can be expected. additional treatment goals established; and

(5) the date when treatment goals must be achieved and court jurisdiction ends.

The court order shall specify a date upon which Court jurisdiction shall will terminate automatically, which must be no later than eighteen months after the initial intervention., unless, Jurisdiction may be extended pursuant to a hearing on motion by any party, if the court finds that there is clear and convincing evidence that the child is threatened with harm absent a continuation of services."

SECTION 11. Section 20-7-764 of the 1976 Code, as last amended by Act 333 of 1994, is further amended to read:

"Section 20-7-764. At the close of a removal hearing pursuant to Section 20-7-736 and upon a finding that the child must be removed from the custody of the parent or guardian to the custody of a public or private agency, the Family Court shall review that agency's proposal and approve a plan for the placement of the child.

The agency shall provide the court with a specific plan as to where the child will be placed, what steps will be taken to return the child home, and what action the agency will take to maintain ties between the parent and child. Whenever possible, the plan must be prepared with the participation of the parents, the child, and any other agency or individual

(4) Provide for all reasonable services which are appropriate and available within the agency or within the community. Any dispute regarding the plan must be resolved by the court. The terms of the plan must be included as part of the court order.

(A) If the court orders that a child be removed from the custody of the parent or guardian, the court must approve a placement plan. A plan must be presented to the court for its approval at the removal hearing or within ten days after the removal hearing. If the plan is presented subsequent to the removal hearing, the court shall hold a hearing on the plan if requested by a party. 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 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.
(B) The placement plan shall include, but is not limited to:
(1) the specific reasons for removal of the child from the custody of the parent or guardian, and the changes that must be made before the child may be returned, including:
(a) the nature of the harm or threatened harm that necessitated removal, a description of the problems or conditions in the home that caused the harm or threatened harm, and the reason why the child could not be protected without removal.
(b) the nature of the changes in the home and family situation that must be made in order to correct the problems and conditions that

(c) specific actions to be taken by the parents or guardian of the child to accomplish the objectives identified in subitem (b) and time frames for taking these actions.
(2) Other conditions in the home that warrant state intervention, but would not alone have been sufficient to warrant removal, and the changes that must be made in order to terminate intervention, including:
(a) the nature of the harm or threatened harm that justifies state intervention and a description of the problems or conditions of the home that caused the harm or threatened harm.
(b) the nature of the changes in the home and family situation that must be made in order to correct the problems and conditions that caused the harm or threatened harm, time frames for accomplishing these objectives, and means for measuring whether the objectives have been accomplished.
(c) specific actions to be taken by the parents or guardian of the child to accomplish the objectives identified in subitem (b) and time frames for taking these actions.
(3) The social and other services to be provided or made available to the parents, guardian, or other relevant adult to assist the parents or guardian in accomplishing the objectives.
(4) The financial responsibilities and obligations, if any, of the parents or guardian for the support of the child during the placement.

(5) The visitation rights and obligations of the parents, guardian, siblings, or other relatives of the child during the placement. The plan shall provide for as much contact as is reasonably possible and consistent with the best interests of the child between the child and the child's parents, guardian, siblings, and other appropriate relatives with whom the child has a close relationship including visitation and participation of the parents or guardian in the care of the child while the child is in placement.
(6) The nature and location of the placement for the child unless disclosure of the location of the placement would be contrary to the best interest of the child. The placement must be as close to the child's home as is reasonably possible, unless placement at a greater distance is necessary to promote the child's well-being. In the absence of good cause to the contrary, preference must be given to placement with a relative or

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