8-822

8-822. Removal of child from home; review;
review teams

The department shall adopt rules and establish clear policies and procedures, where
appropriate, to:

1. Determine the circumstances under which it is appropriate to remove a child from
the custody of the child's parents, guardian or custodian.

2. Ensure the immediate notification of the child's parents, guardian or custodian
regarding the removal of the child from home, school or child care and the timely
interview of the child and the child's parent, guardian or custodian.

3. Review each removal of a child that is expected to result in a dependency
petition to assess options other than continued out-of-home placement including in-home
services to the family. Such reviews shall be conducted before the dependency petition
is filed. The review team shall consist of a protective services worker, a worker's
supervisor and two members of the local foster care review board. If the child has a
medical need or a chronic illness, the review team shall include the child's physician or
registered nurse practitioner. If all reasonable efforts to reach the child's physician
or registered nurse practitioner have been made and the physician or registered nurse
practitioner is not available, the team shall include a physician who is licensed
pursuant to title 32, chapter 13 or 17 or a registered nurse practitioner who is licensed
pursuant to title 32, chapter 15 and who is familiar with children's health care. If the
child suffers from a chronic illness, at least one member of the team shall be a
physician licensed pursuant to title 32, chapter 13 or 17. A child shall not be removed
unless a majority of the members of the review team agree that removal is necessary. If
a majority of the members of the review team do not agree that removal is necessary, the
child shall not be removed or, if the child has already been removed, the child shall be
returned to the home.