1. (1) Preferences for placement are governed by Sections 80-3-302 and 80-3-303.
2. (2) Preferential consideration given in accordance with Section 80-3-302 to kinship caregivers or friends who are licensed or who become licensed expires 120 days from the date of the shelter hearing. After that time period has expired, a relative or friend who has not obtained custody or asserted an interest in the child may not be granted preferential consideration by Child and Family Services or the court. Prospective kinship caregivers or friends may be considered for placement after the 120 days has lapsed, if it is in the best interest of the child.

3. (3) A potential caregiver who meets the definition of friend and who is not a licensed foster parent must be willing to become a licensed foster parent, must be actively engaged in the process of becoming a licensed foster parent within 60 days of the child being placed with them, and must complete the requirements of the Department of Health and Human Services,

   Division of Licensing and Background Checks to obtain a child-specific foster care license within six months of a child being placed with them and for the child to remain in the friend's care. Furthermore, if the child remains in the custody of Child and Family Services placed in the home of the friend, the friend must comply with the Division of Licensing and Background Checks requirements to receive ongoing licensure as a foster parent before the child-specific license expiring, or the child will be removed from the friend's care.

KEY: child welfare, kinship

Date of Last Change: August 15, 2023

Notice of Continuation: February 14, 2023

Authorizing, and Implemented or Interpreted Law: 80-1-102; 80-2-102; 80-2-301; 80-2-302; 80-2a-101; 80-2a-301; 80-3-102; 80-3-302; 80-3-303; 80-3-305