1. (a) Except as provided in section 3 of this chapter, before changing a child's out-of-home placement, the department shall file a motion requesting a change in placement if the child:

   1. (1) has been in the same out-of-home placement for at least one
   2. (1) year; and

   3. (2) is in:

      1. (A) a foster family home; or
      2. (B) the care of a relative.

2. (b) The person with whom the child is placed may:

   1. (1) indicate in writing that the person:

      1. (A) does not intend to contest the change of placement under subsection (a); and
      2. (B) waives the right to request a hearing under subsection (f); and

   2. (2) provide the writing to:

      1. (A) the department; or
      2. (B) the court.
3. (c) If the department files the motion described in subsection (a), the department shall give notice to all persons affected. The department's notice must state that the person affected may file a written objection not later than ten (10) days after service of the department's notice.
4. (d) If a writing described in subsection (b)(1) is provided to the department before the department files the motion described in subsection (a), the department may file the writing with the motion requesting a change in placement.
5. (e) If the court receives the writing described in subsection (b), the court may rule on the department's motion without delay.
6. (f) If the person affected files a timely objection to the department's motion requesting a change in out-of-home placement, the juvenile court shall hold a hearing on the question.
7. (g) The department must show that the change in out-of-home placement is in the best interests of the child.

As added by P.L.172-2022, SEC.12. Amended by P.L.105-2022, SEC.46.