Tenn. Comp. R. & Regs. 0250, 0250-04, ch. 0250-04-05, 0250-4-5-.13, app C

Current through January 8, 2025

Appendix C - PROVISION OF THE FOSTER CARE REVIEW LAW

(a) Preparation of the Plan

1. This plan must be prepared within 30 days of placement. The date of placement is defined as the original date on which the child is physically placed in foster care.

2. The plan must include a goal for each child of;

(i) Return of the child to the parent

(ii) Adoption

(iii) Permanent foster care

(iv) Placement of the child with relatives

(v) Emancipation by marriage, court order, or the age of majority.

3. 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 specified goal.

4. The initial plan must include tire definitions of abandonment contained in sections 36-1-102(1) and 37-1-102(1) and the criteria and procedures for termination of parental rights. Each party shall sign the statement and be given a copy of it.

5. Substantial noncompliance by the parent with the statement of responsibilities in the plan provides grounds for the termination of parental rights notwithstanding other statutory provisions for termination of parental rights and notwithstanding the failure of the parent 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.

6. At a hearing in which a court orders a child to be placed in foster care; the judge determines 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 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.

7. Out-of-state children are subject to the same review as in-state children. The court of jurisdiction will be the county in which the child is placed.

(b) 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.

(c) 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.

(d) Foster Care Reports

1. 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.

2. The agency must submit a monthly listing of cases to the court to be reviewed. Each child must be reviewed no less often than every 6 months by either the board or the court.

3. Such reports shall be prepared by the agency having custody of the child within six months of the date of foster care placement and no less frequently than every six months thereafter for as long as the child remains in foster care.

4. 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.

5. Parents must be notified of the date, place, and time of the hearing.

6. A report of the findings of the hearing or review must be provided to the parent(s).

(e) Monitoring of Foster Care Plans and Reports. It shall be the responsibility of all licensed or approved child-caring agencies to insure that foster care plans and reports are prepared and submitted as directed by state law.

(f) 18 Month Hearing

1. In addition to the above-mentioned foster care plans and reports, the agency must request a hearing within 18 months of the date of foster care placement for each child in foster care.

2. 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 18 months thereafter for all children except those to whom the parental rights of both parents have been surrendered or terminated and no less frequently than every thirty-six (36) months thereafter for those children to whom such parental rights have been surrendered or terminated.

(g) 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. 0250-04-05, 0250-4-5-.13, app C