(A) The functions and powers of local foster care review boards are:

(1) to review once every six months the cases of children who have resided in public foster care for a period of more than four consecutive months to determine what efforts have been made by the supervising agency or child caring facility to acquire a permanent home for the child. Once probable cause has been established to retain the child in foster care, the local review board shall have the discretion to review the case of any child who has been subjected to aggravated circumstances as set forth in Section 63-7-1640(C). Under no circumstances shall the local foster care review board review a child's case more than three times in a twelve month period;

(2) following review of a case pursuant to this section, the local foster care review board shall submit a written report and recommendations to the court concerning the case, which shall be addressed on the record by the court at the next permanency planning hearing pursuant to Section 63-7-1700(C)(1). In order for the report and recommendations of the Foster Care Review Board to be easily identifiable and accessible by the judge, the report and recommendations must be visually distinct from other documents in the case file in their coloring or other prominent aspect. A child's return home for temporary placements, trial placements, visits, holidays, weekend visits, or changes from one foster care placement to another must not be construed to mean a break or lapse in determination of a consecutive four-month period for children in public foster care;

(3) to encourage the return of children to their natural parents, or, upon determination during a case review of the local review board that this return is not in the best interest of the child, to recommend to the appropriate agency action be taken for a maximum effort to place the child for adoption;

(4) to promote and encourage all agencies and facilities involved in placing children in foster care to place children with persons suitable and eligible as adoptive parents;

(5) to advise foster parents of their right to petition the family court for termination of parental rights and for adoption and to encourage these foster parents to initiate these proceedings in an appropriate case when it has been determined by the local review board that return to the natural parent is not in the best interest of the child;

(6) to recommend that a child caring facility or agency exert all possible efforts to make arrangements for permanent foster care or guardianship for children for whom return to natural parents or adoption is not feasible or possible as determined during a case review by the local review board;

(7) to report to the state office of the Department of Social Services and other adoptive or foster care agencies any deficiencies in these agencies' efforts to secure permanent homes for children discovered in the local board's review of these cases as provided for in item (1).

(B) Any case findings or recommendations of a local review board are advisory.

HISTORY: 2008 Act No. 361, Section 2; 2016 Act No. 238 (H.4546), Section 5, eff June 5, 2016.

Effect of Amendment

2016 Act No. 238, Section 5, rewrote the section, changing certain functions or powers, including the frequency with which boards must review foster care cases.