Skip to main content
Senate Bill 0328


Senate Bill 0328

ARCHIVE (2007)

Latest Information

 

DIGEST OF SB 328 (Updated April 27, 2007 2:54 pm - DI 107)


Department of child services and Uniform Child Custody Jurisdiction Act. Requires the director of the department of child services (department) to appoint a county director for each county office of family and children. (Current law requires the director of the division of family resources to make the appointments in consultation with the director of the department.) Specifies that national criminal history checks shall be conducted in compliance with federal law to determine whether certain individuals who supervise children have been convicted of specified offenses. Requires criminal history checks in pre-adoption placements, even if the child is: (1) not a ward of the court or the department; or (2) placed with certain relatives. Adds domestic battery to the list of crimes requiring the denial of a foster family home license or the adoption of a child. Provides that the department shall establish at least three citizen review panels including that one panel must be: (1) a community child protection team; (2) a statewide or local child fatality review team; and (3) a foster care advisory panel. Requires a citizen review panel to: (1) consist of volunteer members who broadly represent the community; (2) examine policies and procedures of child welfare agencies and specific cases when appropriate; (3) meet at least one time every three months; and (4) prepare an annual report. Requires the department to submit a response to a citizen review panel's report not more than six months after the date the department receives the report. Prohibits a member of a citizen review panel from disclosing identifying information about a specific child services case, child or member of the child's family who is the subject of a child protective services investigation, or any other person identified in confidential materials. Provides that the department may remove a member who discloses identifying information from a citizen review panel. Requires child welfare agencies to cooperate and work with citizen review panels. Allows citizen review panels access to reports and other materials concerning child protective services. Provides that an initial hearing on a child in need of services (CHINS) petition shall be held within seven business days after the detention hearing. Provides that if an initial hearing on a CHINS petition is not held within seven business days of the detention hearing, the child shall be released. Permits a court to waive certain home study requirements otherwise required for an adoption if one of the petitioners is a stepparent or grandparent of the child. Specifies that the court may not waive required criminal history checks. Establishes a child protection index, and permits a person or agency to obtain certain information contained in the index relating to an individual who has applied for employment or volunteered for services in a capacity that would place the individual in a position of trust with children. Requires a court to consult with a CHINS regarding a proposed permanency plan for the child. Provides that if the child is at least 16 years of age and the proposed permanency plan for the child provides for the transition from foster care to independent living, the court shall notify the child of the permanency hearing and provide the child an opportunity to be heard. Provides that on July 1, 2007, certain reports and documents relating to child abuse or neglect cases contained in the child abuse registry or the automated child protection system to be transferred to the child protection index. Establishes a uniform process to enforce interstate child custody and visitation determinations, and harmonizes the law with respect to simultaneous proceedings and inconvenient forums. Repeals provisions: (1) requiring the department to offer certain services to a family or a child following an investigation of a report of child abuse or neglect; (2) authorizing voluntary services referral agreements between the department and persons accused of child abuse or neglect; and (3) concerning the Uniform Child Custody Jurisdiction Law. Provides that the right of notice and the opportunity to be heard applies to all court proceedings in CHINS and delinquency cases. Makes conforming amendments.
    Current Status:
     Law Enacted
    >Latest Printing > (PDF)