Section 80-3-502 - Review of foster care removal - Foster parent's standing(1) With regard to a minor in the custody of the division who is the subject of a petition alleging abuse, neglect, or dependency, and who has been placed in foster care with a foster family, the Legislature finds that: (a) except with regard to the minor's natural parents, a foster family has a very limited but recognized interest in its familial relationship with the minor; and(b) minors in the custody of the division are experiencing multiple changes in foster care placements with little or no documentation, and that numerous studies of child growth and development emphasize the importance of stability in foster care living arrangements.(2) For the reasons described in Subsection (1), the Legislature finds that, except with regard to the minor's natural parents, procedural due process protections must be provided to a foster family prior to removal of a foster minor from the foster home.(3)(a) A foster parent who has had a foster minor in the foster parent's home for 12 months or longer may petition the juvenile court for a review and determination of the appropriateness of a decision by the division to remove the minor from the foster home, unless the removal was for the purpose of:(i) returning the minor to the minor's natural parent or legal guardian;(ii) immediately placing the minor in an approved adoptive home;(iii) placing the minor with a relative who obtained custody or asserted an interest in the minor within the preference period described in Subsection 80-3-302(8); or(iv) placing an Indian child in accordance with placement preferences and other requirements described in the Indian Child Welfare Act, 25 U.S.C. Sec. 1915.(b) The foster parent may petition the juvenile court under this section without exhausting administrative remedies within the division.(c) The juvenile court may order the division to place the minor in a specified home, and shall base the juvenile court's determination on the best interest of the minor.(4) The requirements of this section do not apply to the removal of a minor based on a foster parent's request for that removal.Renumbered from § 78A-6-318 and amended by Chapter 261, 2021 General Session ,§ 87, eff. 9/1/2021.Amended by Chapter 285, 2018 General Session ,§ 21, eff. 5/8/2018.Renumbered and Amended by Chapter 3, 2008 General Session
Amended by Chapter 17, 2008 General Session.