At least three of the five local review board members shall be present before a case may be reviewed. If only two board members are present, however, a review may proceed if all attending parties agree to proceed. Each local review board member may belong to only one local review board. In the event of a vacancy on a local review board due to an unfilled appointment, a member from another local review board may be invited to serve until the vacancy is filled. If a local review board member is absent from one-third or more of the local review board meetings involving case reviews during a year, and if the State Board of Directors or another interested party so reports to the Governor’s Office, the Governor may remove the person from office and may appoint someone else to the local board.

24-31 “Affidavit of Summary Review” Form.

The local review board shall routinely issue a formal written advisory recommendation relating to the permanent placement of each child whose case is reviewed. Continued placement of the child in the child-caring facility or residential group care home shall be recommended by the review board, unless the parent is able to resume care, in at least those instances in which children are privately placed in privately owned facilities or group homes and a notarized affidavit of summary review is executed by the child-caring facility and is valid on its face. The affidavit of summary review must be submitted to the board every six months and accepted by the board if it is valid on its face.

1. A. The “Affidavit of Summary Review” must attest to the following conditions:

   1. (1) The person who placed the child has legal custody of the child; and
   2. (2) No court has ordered or approved the placement of the child in the care of the child-caring facility except as a part of an order granting legal custody of the child to a parent or legal guardian; and
   3. (3) The facility has no knowledge that a child has ever been abused, neglected, or abandoned while under the care of the person who placed the child in the facility; and
   4. (4) The person who placed the child contributes regularly to the support of the child to the level of his or her ability and has done so for a period of six (6) months immediately prior to the date of the affidavit; and
   5. (5) The person who placed the child has maintained contact and visitation with the child to the best of his or her ability under existing circumstances.
2. B. An “Affidavit of Summary Review” shall be completed and submitted to the review board at each review by the child-caring facility or residential group care home if applicable. A child-caring facility and/or residential group care home may invite person(s) to the review by sending a letter of invitation or by sending a copy of the Affidavit of Summary Review with the date, time, and location of the review in lieu of the letter of invitation to said person(s).
3. C. A legal guardian shall not be the child-caring facility or residential group care home or one of its officials, administrators, or employees to meet the requirement of the “Affidavit of Summary Review”.
4. D. Cases of children privately placed in privately owned child-caring facilities and residential group care homes and for whom a proper “Affidavit of Summary Review” has been submitted, and accepted on face value by the review board shall not be subject to other review or disclosure hereunder.

HISTORY: Added by State Register Volume 10, Issue No. 2, eff February 28, 1986.

HISTORY: Added by State Register Volume 10, Issue No. 2, eff February 28, 1986.