US Laws, Codes, Statutes & Cases

      38-1567.   Emergency change of placement; removal from home of parent, findings of court. When an emergency exists requiring immediate action to assure the safety and protection of the child or the secretary is notified that the foster parents or shelter facility refuse to allow the child to remain, the secretary may transfer the child to another foster home or shelter facility without prior court approval, but the secretary shall notify the court of the action at the earliest practical time. When the child is removed from the home of a parent after having been placed in the home or facility for a period of six months or longer, the secretary shall present to the court in writing the specific nature of the emergency and request a finding by the court whether remaining in the home was contrary to the welfare or not in the best interests of the child. In making the finding, the court may rely on documentation submitted by the secretary or may set the date for a hearing on the matter. If the secretary requests such a finding, the court shall provide the secretary with a written copy of the finding by the court not more than 45 days from the date of the request.

      History:   L. 1982, ch. 182, § 51; L. 2000, ch. 150, § 16; June 1.