| Ariz. Rev. Stat. § 8-515.05
Arizona
Revised Statutes
Title
8. Children Chapter
5. Child Welfare and Placement
Article
1. General Provisions
§ 8-515.05. Removal
of child from foster parent's home; requirements; notification; review
A.
Unless a child is removed from a licensed foster parent, excluding a shelter
care provider and receiving foster parent, to protect the child from harm
or risk of harm, to place a child in a permanent placement, to reunite
siblings, to place a child in a kinship foster home, to place a child
in the least restrictive setting, to place a child in a therapeutic setting
or to place a child in accordance with the Indian child welfare act (title
25 United States Code subsection 1915), the department shall inform the
licensed foster parent of the department's intent to remove a child and
place the child in another foster care placement. The department shall
inform the licensed foster parent of the specific reason for the child's
planned removal from the licensed foster parent.
B.
If the licensed foster parent disagrees with the removal, the licensed
foster parent shall inform the department within twenty-four hours of
being informed. If the licensed foster parent disagrees with the plan
to remove the child and place the child in another foster home placement,
the department shall convene a case conference to review the reasons for
the removal. The licensed foster parent and two members of the foster
care review board who participate in a removal review team shall participate
in the case conference. A child shall not be removed unless a majority
of the members of the review team agree that removal is necessary.
C.
The department shall inform the licensed foster parent and the foster
care review board of the time, date and location of the case conference
to review the planned removal. The case conference shall be held within
seventy-two hours of the licensed foster parent informing the department
that the licensed foster parent disagrees with the planned removal, excluding
weekends and holidays. The child shall remain in the current placement
pending the outcome of the case conference.
D.
If, as a result of the case conference, it is the department's continued
intent to move the child pursuant to subsection A and the licensed foster
parent continues to disagree and the child:
1.
Is in the court ordered physical custody of the licensed foster parent,
a foster care review board member shall provide a recommendation to the
court regarding the removal of the child before the change of physical
custody. The child shall remain in the current placement pending a court
order for removal.
2.
Is not in the physical custody of the licensed foster parent, the licensed
foster parent shall be advised of the department's conflict resolution
process. The department shall expedite the conflict resolution process.
The child shall remain in the current placement pending the outcome of
the conflict resolution process.
CREDIT(S)
Added by Laws 2001, Ch.
200, § 1. Amended by Laws 2003, 2nd S.S., Ch. 6, § 5, eff. December
18, 2003.
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