Requirement for Notice to Relatives to Child's Removal 624-05-15-50-23

(Revised 12/1/15 ML #3461)

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PI 21-17 Attachment D

PI 21-17 Attachment E

PI 21-17 Attachment F

PI 21-17 Attachment G

 

 

Agencies are required to exercise due diligence to identify and provide notice to the following relatives: parents, parents of a sibling of the child entering foster care who have legal custody of the sibling, all adult grandparents, and any other adult suggested by the parents, subject to exceptions due to family or domestic violence, within 30 days of child’s removal.

 

For the purposes of this section, “sibling of the child entering foster care” means:

  1. A brother or sister who has at least one biological or adoptive parent in common;
  2. A fictive brother or sister with a significant bond as identified by the child or parent; or
  3. A child that would have been considered a sibling but for the termination or other disruption of parental rights, including a death of a parent.

The relatives must also be advised of all available options to become a placement resource for the child. The notice shall:

  1. Specify that the child has been or is being removed from the custody of the parent, or parents of the child;
  2. Explains the options the relative has under federal, state, and local law to participate in the care and placement of the child, including any options that may be lost by failing to respond to the notice;
  3. Describes the requirements and standards to become a foster family home and the additional services and supports that are available for children placed in that home; and
  4. Describes how the relative of the child may enter into an agreement with the department to receive a subsidized guardianship payment.

The agency must provide this notice in a manner that reasonably ensures the relative has understood the notice. This could mean providing notice in a language the relative is fluent in. Or, the family’s case manager may have to go over the written notice in person with the relative. If an individual has a visual impairment, the notice may need to be written using large print or Braille.

 

It is not required to provide notice to relatives that are identified beyond 30 days of the child’s removal. However, agencies can consider, on a case-by-case basis, whether notification would be appropriate.

 

It a relative fails to respond to the initial notice, the relative may not have the opportunity to participate in the care and placement of the child.

 

A notification template, which outlines the relatives options to become a placement resource for the child, is available for case managers to use.