Appendix E - SUMMARY OF SELECTED PROVISIONS OF THE FOSTER CARE REVIEW LAW(T.C.A. § 37-2-401 et seq.)
(1) Preparation of the Foster Care Plan.(a) This plan must be written and must be prepared within 30 days of the child's placement in foster care with the agency. The date of placement is defined as the original date on which the child is physically placed in foster care.(b) The plan must include a goal for each child of:1. Return of the child to the parents;2. Placement of the child with relatives of the child;3. Adoption, giving appropriate consideration to T.C.A. § 36-1-105(e)(1) when applicable;4. Permanent foster care; and5. Emancipation by marriage, court order, or the age of majority.(c)1. In the event a child is in foster care as a result of a surrender or termination of parental rights, the agency having guardianship of the child shall prepare and submit to the foster care advisory review board or court in the county in which the child is in foster care a plan for each such child.2. Such plan shall include a goal for each child of either:(i) Placement of the child with relatives of the child;(ii) Adoption, giving appropriate consideration to T.C.A. § 36-1-105(e)(1) when applicable; and(iii) Permanent foster care.3. Specific reasons must be included in the plan for any goal other than placement of the child with a relative of the child or adoption. Such plan shall also include a statement of specific responsibilities of the agency and the caseworker of such agency designed to achieve the stated goal.(d) The plan shall include a statement of responsibilities between the parents, agency, and caseworker of the agency. The responsibilities of each party should be specific and related to the achievement of the specific goal.(e) The initial plan must include the definitions of abandonment contained in T.C.A. §§ 36-1-1021 and 37-1-102 I and the criteria and procedures for termination of parental rights. Each party shall sign the statement and be given a copy of it. If the parent should fail to sign the plan, the agency shall seek ratification of the plan by the court.(f) Substantial non-compliance by the parent with the statement of responsibilities in the plan provides grounds for the termination of parental rights notwithstanding the failure of the parents to sign or to agree to such statement if the court finds that the parent was informed of its contents, and that the requirements of the statement are reasonable and are related to remedying the conditions which necessitated foster care placement.(g) At a hearing in which a court orders a child to be placed in foster care, the judge shall determine whether a foster care plan has been prepared and whether the statement of responsibilities has been agreed upon by the parties. If a statement has been agreed upon by the parties, the court shall review it and approve it if the court finds it to be in the best interest of the child. If a plan has not been prepared or parties have not agreed to a statement of responsibilities, the court may continue the hearing for such time, not to exceed thirty (30) days as may be necessary to give the parties an opportunity to attempt to agree upon a suitable plan, which may then be approved by the court without a further hearing if the court finds the plan to be in the best interest of the child.(2) Disposition of the Plan. The plan is to be submitted to the juvenile court having jurisdiction over the child. If no juvenile court has jurisdiction over the child, then the plan is to be submitted to the juvenile court in the county in which the child is placed.
(3) Annual Update. All plans are subject to modification and shall be reevaluated and updated at least annually except when a long-term agreement has been made and approved by the court.
(4) Foster Care Reports. (a) In addition to the required Foster Care Plan mentioned above, each agency shall submit to the appropriate court or foster care review board a report for each child in its care on progress made in achieving the goals set forth in the plan.(b) The agency must submit a monthly listing of cases to the court to be reviewed.(c) Such reports shall be prepared by the agency having custody of the child within ninety (90) days of the foster care placement and no less frequently than every six (6) months thereafter for as long as the child remains in foster care.(d) Unless parental rights have been surrendered or terminated, a copy of this report shall be provided to the parent(s) of the child at the time it is provided to the court or board.(e) Parents must be notified by the agency of the date, place, and time of the hearing.(f) A report of the findings of the hearing or review must be provided to the parent(s) even if they do 49 not attend.(5) Monitoring of Foster. Care Plan and Reports. It shall be the responsibility of all licensed or approved child-caring agencies to ensure that foster care plans and reports are prepared and submitted as directed by state law.
(6) Eighteen (18) Month Hearing. (a) In addition to the above-mentioned foster care plans and reports, the agency must request a hearing within eighteen (18) months of the foster care placement for each child in foster care.(b) Except in cases where the court has approved a long-term foster care agreement, as long as the child remains in foster care, subsequent hearings must be requested no less frequently than every eighteen (18) months thereafter for all children.(c) The purpose of this hearing shall be to determine the necessity of continued foster care placement, the extent of compliance of the parties with the terms of the foster care plan, the extent of progress made in achieving the goal of the plan, and the future status of the child. If the court rinds that any party has not complied with the terms of the plan, it may issue such orders as may be appropriate to enforce compliance.(7) CESSATION OF REVIEW. Foster care shall cease at such time as the child is placed with an individual or individuals for the purpose of the child's adoption by the individual or individuals or at such time as a petition to adopt is filed, whichever occurs first, or at such time as a child is returned to or placed in the care of a parent or relative, emancipated or reaches the age of majority.
Tenn. Comp. R. & Regs. 0250, 0250-04, ch. 0250-04-02, 0250-4-2-.12, app E
Original rule filed February 26, 1991; effective April 12, 1991. Rule assigned new control number, removed and renumbered from 1240-4-2-.12 filed and effective March 25, 1999.Authority: T.C.A. §§ 4-5-226(b)(2);37-2-401 et seq., 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 71-1-105(12);71-3-501 et seq. and 71-3-524.