587A-16 Guardian ad litem.
§587A-16 Guardian ad litem. (a) The court shall appoint a guardian ad litem for a child to serve throughout the pendency of child protective proceedings under this chapter. (b) The court may appoint a guardian ad litem for an incapacitated adult party, as set forth below: (1) Upon the request of any party or sua […]
587A-3.1 Rights of children in foster care. (a) The department or an authorized agency shall ensure, whenever possible, that a child in foster care will: (1) Live in a home, free from physical, psychological, sexual, and other abuse; (2) Receive food, shelter, and clothing; (3) Receive medical care, dental services, corrective vision care, and mental health services; (4) Be enrolled in a health insurance plan and, within forty-five days of out-of-home placement, be provided with a health assessment and recommended treatment; (5) Have regular, supervised or unsupervised, in-person, telephone, or other forms of contact with the child’s parents and siblings while the child is in foster care, unless the contact is either prohibited by court order or is deemed to be unsafe by the child’s child welfare services worker, therapist, guardian ad litem, or court appointed special advocate. Withholding visitation shall not be used as punishment. If the department or authorized agency denies supervised or unsupervised visits with the child’s parents or siblings: (A) If all parties, including the child, agree to the denial of the visits, the department or authorized agency shall submit a written report to the court within five working days to document the reasons why the visits are being denied; or (B) If any party, including the child, disagrees with the denial of the visits, the department or authorized agency shall file a motion for immediate review within five working days that shall include the specific reasons why visits are being denied; (6) Receive notice of court hearings, and if the child wishes to attend the hearings, the department or authorized agency shall ensure that the child is transported to the court hearings; (7) Have in-person contact with the child’s assigned child welfare services worker; (8) Have the ability to exercise the child’s own religious beliefs, including the refusal to attend any religious activities and services; (9) Have a personal bank account if requested and assistance in managing the child’s pers
§587A-3.1 Rights of children in foster care. (a) The department or an authorized agency shall ensure, whenever possible, that a child in foster care will: (1) Live in a home, free from physical, psychological, sexual, and other abuse; (2) Receive food, shelter, and clothing; (3) Receive medical care, dental services, corrective vision care, and mental […]
587A-3.5 Authority to conduct criminal history record checks without consent.
§587A-3.5 Authority to conduct criminal history record checks without consent. When an assessment is required pursuant to this chapter, the department may conduct criminal history record checks, without consent, of an alleged perpetrator of harm or threat of harm and all adult household members to ensure the safety of the child. [L 2016, c 96, […]
587A-4 Definitions.
§587A-4 Definitions. As used in this chapter, unless the context clearly indicates otherwise: “Abandoned infant” means a child who is three years old or younger and: (1) The child’s parents, regardless of any incidental contact or communication with the child, have demonstrated an extreme disinterest in or lack of commitment for assuming parental responsibility for […]
587. Child Protective Act–Repealed
REPEALED. L 2010, c 135, §8.
587A-5 Jurisdiction.
§587A-5 Jurisdiction. Pursuant to section 571-11(9), the court shall have exclusive original jurisdiction: (1) In a child protective proceeding concerning any child who is or was found within the State at the time specified facts and circumstances occurred, are discovered, or are reported to the department. These facts and circumstances constitute the basis for the […]
587A-6 Venue.
§587A-6 Venue. A child protective proceeding under this chapter may be filed in the county in which a child is found or resides when the petition is filed, or in the county in which a parent having legal custody of the child resides or is domiciled when the petition is filed. [L 2010, c 135, […]
587A-7 Safe family home factors.
§587A-7 Safe family home factors. (a) The following factors shall be fully considered when determining whether a child’s family is willing and able to provide the child with a safe family home: (1) Facts relating to the child’s current situation, which shall include: (A) The child’s age, vulnerability, and special needs that affect the child’s […]
587A-7.5 Safe family home factors; disability.
§587A-7.5 Safe family home factors; disability. The court shall not consider the disability of a parent or caregiver to be the sole factor in the court’s determination made pursuant to this part. If the court makes a determination that a child’s family is unable to provide a safe family home and one or more of […]
587A-8 Protective custody by police officer without court order.
§587A-8 Protective custody by police officer without court order. (a) A police officer shall assume protective custody of a child without a court order and without the consent of the child’s family, if in the discretion of the police officer, the officer determines that: (1) The child is subject to imminent harm while in the […]