- (1) An administrative hearing regarding removal of a child from a foster home for another placement shall be conducted in accordance with Rule R497-100. The administrative law judge shall determine if Child and Family Services has abused its discretion in removing the child from the foster home.
- (2) If there is a criminal investigation of the foster parent in progress relevant to the reason for removal of the child, no administrative hearing shall be granted until the criminal investigation is completed and, if applicable, charges are filed against the foster parent.
- (3) If there is an investigation for child abuse, neglect, or dependency involving the foster home, no administrative hearing shall be granted until the investigation is completed.
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