1. (1) As authorized by Section 80-2a-304, a foster parent has a right to due process when a decision is made to remove a foster child from their home, if the foster parent disagrees with the decision, unless the removal is to:

   1. (a) return the child to the child's natural parent or legal guardian;
   2. (b) place the child in an approved adoptive home;
   3. (c) place the child with a relative, as defined in Section 80-3-102, who obtained custody or asserted an interest in the child within the preference period described in Section 80-3-302; or
   4. (d) place an Indian child in accordance with preplacement preferences and other requirements described in the Indian Child Welfare Act, 25 USC 1915 (January 3, 2007).
2. (2) As authorized by Section 80-3-502, a separate judicial process is available to contest the removal of a foster child from the foster parent. This process is available when the child has been in the foster home for at least 12 months, unless the removal is for the reasons cited in Subsection R512-31-3(1). To utilize this judicial process, the foster parent is not required to exhaust the administrative remedies listed in Section R512-31-6.

KEY: child welfare, foster care, due process

Date of Last Change: August 15, 2023

Notice of Continuation: August 19, 2021

Authorizing, and Implemented or Interpreted Law: 80-2-302; 80-2-301; 80-2a-304; 63G-4-201; 80-3-502