210.305. Grandparent placement preferred in emergency placements--definitions--diligent efforts required, when.
Grandparent placement preferred in emergencyplacements--definitions--diligent efforts required, when.
210.305. 1. When an initial emergency placement of a child is deemednecessary, the children's division shall immediately begin diligent effortsto locate, contact, and place the child with a grandparent or grandparentsof the child, except when the children's division determines that placementwith a grandparent or grandparents is not in the best interest of the childand subject to the provisions of section 210.482 regarding backgroundchecks for emergency placements. If emergency placement of a child with agrandparent is deemed not to be in the best interest of the child, thechildren's division shall document in writing the reason the grandparenthas been denied emergency placement and shall have just cause to deny theemergency placement. Prior to placement of the child in any emergencyplacement, the division shall assure that the child's physical needs aremet.
2. For purposes of this section, the following terms shall mean:
(1) "Diligent efforts", a good faith attempt documented in writing bythe children's division, which exercises reasonable efforts and care toutilize all available services and resources related to meeting the ongoinghealth and safety needs of the child, to locate a grandparent orgrandparents of the child after all of the child's physical needs have beenattended to by the children's division;
(2) "Emergency placement", those limited instances when thechildren's division is placing for an initial placement a child in the homeof private individuals, including neighbors, friends, or relatives, as aresult of a sudden unavailability of the child's primary caretaker.
3. Diligent efforts shall be made to contact the grandparent orgrandparents of the child within three hours from the time the emergencyplacement is deemed necessary for the child. During such three-hour timeperiod, the child may be placed in an emergency placement. If agrandparent or grandparents of the child cannot be located within thethree-hour period, the child may be temporarily placed in emergencyplacement; except that, after the emergency placement is deemed necessary,the children's division shall continue to make diligent efforts to contact,locate, and place the child with a grandparent or grandparents, or anotherrelative, with first consideration given to a grandparent for placement.
4. Nothing in this section shall be construed or interpreted tointerfere with or supercede laws related to parental rights or judicialauthority.
(L. 2009 H.B. 154)