1. (1) A foster parent who has had a foster child, who is in the custody of the Department of Children’s Services, in his or her home for a period of 12 or more consecutive months shall have the right to appeal a decision by a representative of the Department of Children’s Services to remove said child from his or her home for placement in a different foster care home or facility or in an adoptive home. This right shall not apply, however, to removals necessitated by any of the following reasons:

   1. (a) Children returned to their parent(s) or legal guardian. Legal guardian as used in these rules shall not mean the Department of Children’s Services;
   2. (b) Children removed from the foster family home pursuant to a Court Order requiring such removal;
   3. (c) Children removed from the foster family home at the request of the foster parent(s).

Authority: T.C.A. §§4-5-226, 37-5-105, and 37-5-112. Administrative History: Original rule filed November 22, 1978; effective January 8, 1979. Repeal and new rule filed November 28, 1979; effective January 12, 1980. Amendment filed December 17, 1982; effective March 16, 1983. Amendment filed January 3, 1992; effective March 16, 1992. Rule assigned a new control number, removed, and renumbered from 1240-5-13-.01 filed and effective March 25, 1999. Amendment filed May 29, 2002; effective August 12, 2002.