A. 1. The Department of Human Services shall notify the court, the postadjudication review board, the district attorney, the child’s attorney, and the guardian ad litem of the child, if any, whenever a child in the custody of the Department is moved from one location to another.
2. The Department shall notify the foster family prior to movement of the child pursuant to the provisions of Section 1-4-805 of this title.
3. The Department shall inform the guardian ad litem, if any, and the child’s attorney of the specific location of the child.
B. The notification required by this section shall be made by the Department within a reasonable time after the Department is made aware of the need for movement, but in no event less than five (5) judicial days prior to movement unless an emergency exists. As used in this section, “emergency” means movement of a child that is:
1. Pursuant to an order of the court including, but not limited to, an order authorizing placement of a child with a parent or sibling;
2. Requested by the child-placing agency or foster parent of the child, and the request is for immediate removal of the child without delay or notice as provided by this section;
3. For emergency medical or mental health treatment;
4. For substantial noncompliance by a foster parent or child-placing agency with applicable placement standards and agreements such that the child is in imminent danger; or
5. Due to a pending investigation of an allegation of abuse or neglect of a child by a foster parent or child-placing agency or other person residing in the foster family home.
C. The court, on its own motion, may hold, or any party receiving notice pursuant to this section, shall be granted, an informal hearing concerning the reasons and necessity for moving the child, if requested in writing, within five (5) days following the receipt of notice.
Added by Laws 1996, c. 353, § 22, eff. Nov. 1, 1996. Amended by Laws 1997, c. 389, § 4, eff. Nov. 1, 1997; Laws 2000, c. 374, § 17, eff. July 1, 2000; Laws 2009, c. 233, § 37, emerg. eff. May 21, 2009. Renumbered from § 7003-5.4a of Title 10 by Laws 2009, c. 233, § 250, emerg. eff. May 21, 2009. Amended by Laws 2010, c. 278, § 12, eff. Nov. 1, 2010.
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