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VETOES
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H.B. 1225
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(5) WHETHER A LOCAL DEPARTMENT NOTIFIED THE COURT AND ALL
PARTIES BEFORE ANY CHANGE OF PLACEMENT FOR THE CHILD, OR, IF EMERGENCY
CONDITIONS MADE A CHANGE NECESSARY, AS SOON AS POSSIBLE AFTER THE
CHANGE OF PLACEMENT;
(6) ON RECEIPT OF A REPORT OF MALTREATMENT OF A CHILD
OCCURRING WHILE THE CHILD IS IN THE CUSTODY OF A LOCAL DEPARTMENT,
WHETHER THE LOCAL DEPARTMENT PROVIDED THE APPROPRIATE PARTIES,
INCLUDING THE CHILD'S ATTORNEY, A REPORT OR NOTICE OF A REPORT OF THE
SUSPECTED MALTREATMENT OF THE CHILD AND OF THE DISPOSITION OF THE
INVESTIGATION WITHIN THE TIME REQUIRED BY REGULATION AND COURT ORDER;
AND
(7) WHETHER A LOCAL DEPARTMENT HAS PROVIDED APPROPRIATE AND
TIMELY SERVICES TO HELP MAINTAIN THE CHILD IN THE CHILD'S EXISTING
PLACEMENT, INCLUDING ALL SERVICES AND BENEFITS AVAILABLE IN ACCORDANCE
WITH STATE LAW, REGULATIONS, STATE AND FEDERAL COURT ORDERS, STIPULATED
AGREEMENTS, OR PROFESSIONAL STANDARDS REGARDING THE PROVISION OF
SERVICES TO CHILDREN IN OUT-OF-HOME PLACEMENTS.
(D) IN MAKING A FINDING IN ACCORDANCE WITH SUBSECTION (B) OF THIS
SECTION, A COURT MAY NOT CONSIDER A POTENTIAL LOSS OF FEDERAL FUNDING
FOR PLACEMENT OF A CHILD THAT MAY RESULT FROM A DETERMINATION THAT
REASONABLE EFFORTS WERE NOT MADE.
(E) A COURT SHALL MAKE THE FINDINGS REQUIRED UNDER SUBSECTION (B)
OF THIS SECTION IN WRITING IF IT FINDS THAT REASONABLE EFFORTS ARE BEING
MADE FOR A CHILD, BUT ALSO FINDS THAT AT LEAST ONE OF THE FOLLOWING
CONDITIONS EXISTS:
(1) A LOCAL DEPARTMENT DID NOT COMPLY WITH LAW, REGULATIONS,
COURT ORDERS, OR AGREEMENTS DESCRIBED IN SUBSECTION (C)(1) OF THIS
SECTION;
(2) A LOCAL DEPARTMENT DID NOT ENSURE CONTINUITY OF
CASEWORK AS DESCRIBED IN SUBSECTION (C)(2) OF THIS SECTION;
(3) A LOCAL DEPARTMENT DID NOT PROVIDE THE SERVICES DESCRIBED
IN SUBSECTION (C)(3) OF THIS SECTION;
(4) DURING THE PERIOD SINCE THE MOST RECENT COURT HEARING,
THE CHILD HAS NOT BEEN PLACED IN A STABLE PLACEMENT OR IN THE LEAST
RESTRICTIVE SETTING APPROPRIATE, AVAILABLE, AND ACCESSIBLE FOR THE CHILD;
(5) A LOCAL DEPARTMENT FAILED TO PROVIDE REPORTS OR NOTICES
OF REPORTS IN A TIMELY MANNER AS DESCRIBED IN SUBSECTION (C)(5) OR (6) OF
THIS SECTION; OR
(6) A LOCAL DEPARTMENT HAS NOT PROVIDED THE SERVICES
DESCRIBED IN SUBSECTION (C)(7) OF THIS SECTION.
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- 4378 -
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