Notice to Relatives - Required Upon Child's Removal 624-05-15-50-23

(Revised 2/1/22 ML #3657)

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The agency granted temporary public custody of the child shall promptly give notice to the parent, guardian, or other custodian and to the court. Agencies are required to exercise due diligence to identify and provide notice to relatives: parents, parents of a sibling of the child, all adult grandparents, and any other identified relatives or adults suggested by the parents, subject to exceptions due to family or domestic violence, within 30 days of the child’s removal and placement into foster care.

 

For the purposes of this section, “sibling of the child entering foster care” means:

  1. A brother or sister who has at least one biological or adoptive parent in common;
  2. A fictive brother or sister with a significant bond as identified by the child or parent; or
  3. A child that would have been considered a sibling but for the termination or other disruption of parental rights, including a death of a parent.

Identified relatives must also be advised of all available options to become a placement resource for the child. The notice shall:

  1. Specify that the child has been or is being removed from the custody of the parent/s and placed into foster care;
  2. Explain options the relative has under federal, state, and local law to participate in the care and placement of the child, including any options that may be lost by failing to respond to the notice;
  3. Describe the requirements and standards to become a licensed foster home and the additional services and supports available for children placed in a foster home;
  4. Describe how the relative may be supported if they consider caring for their kin and choose not to obtain a foster care license. TANF Kinship Care offers financial support to the relative while the child is under public custody. In addition, ND Kinship Navigator grants access to funding, resource and referral opportunities;
  5. Describe how the relative may enter into an agreement with the department to receive a subsidized guardianship payment; and
  6. Describe the next steps if a relative does not respond to the notice.

The agency must provide this notice in a manner that reasonably ensures the relative has understood the notice. Meaning, notice is written in a language the relative is able to read and interpret, or that the notice is verbally discussed in person with the relative. Throughout the life of the case, the custodial agency must continue efforts to engage relatives. The custodial agency can determine if and when it is appropriate to invite an identified relative to actively participate in the child and family team meetings and case planning on behalf of the child.