States would explain foster care placements and allow court review

States would send notice of placement decisions and explain their reasons. For children removed from their parents’ custody, notice would go to parents, relatives who expressed interest in providing care, the child’s guardian and court-appointed representative, the child’s and parents’ lawyers, the child, and the prosecutor involved. Children would receive notice if they can express an opinion about placement. A mistaken cross-reference leaves unclear who could request written reasons within five days of receiving notice. If the federal health secretary finds that a state needs legislation beyond a funding measure, compliance could wait until the first calendar quarter after its first regular legislative session beginning after enactment. Each year of a two-year legislative session would count separately. Notice would be due within 90 days after the placement decision. The rules would start on the first day of the first fiscal year beginning on or after enactment and apply to federal foster care payments for calendar quarters beginning on or after that date.

Children’s lawyers could ask a court to review placement decisions, and courts would have to begin the review promptly. The review process would cover placement decisions for children removed from their parents’ custody. Courts would keep an official record of the review. If the federal health secretary finds that a state needs legislation beyond a funding measure, compliance could wait until the first calendar quarter after its first regular legislative session beginning after enactment. Each year of a two-year legislative session would count separately. Courts would begin review within seven days after receiving the lawyer’s petition. The rules would start on the first day of the first fiscal year beginning on or after enactment and apply to federal foster care payments for calendar quarters beginning on or after that date.