210.565. Relatives of child shall be given foster home placement, when--relative, defined--death or dissolution not to affect grandparents' status--specific findings required, when--age of relativ
Relatives of child shall be given foster home placement,when--relative, defined--death or dissolution not to affectgrandparents' status--specific findings required, when--age ofrelative not a factor, when--federal requirements to be followedfor placement of Native American children--waiver of certainstandards, when--GAL to ascertain child's wishes, when.
210.565. 1. Whenever a child is placed in a foster home and thecourt has determined pursuant to subsection 3 of this section that fosterhome placement with relatives is not contrary to the best interest of thechild, the children's division shall give foster home placement torelatives of the child. Notwithstanding any rule of the division to thecontrary, the children's division shall make diligent efforts to locate thegrandparents of the child and determine whether they wish to be consideredfor placement of the child. Grandparents who request consideration shallbe given preference and first consideration for foster home placement ofthe child. If more than one grandparent requests consideration, the familysupport team shall make recommendations to the juvenile or family courtabout which grandparent should be considered for placement.
2. As used in this section, the term "relative" means a grandparentor any other person related to another by blood or affinity within thethird degree. The status of a grandparent shall not be affected by thedeath or the dissolution of the marriage of a son or daughter.
3. The preference for placement and first consideration forgrandparents or preference for placement with other relatives created bythis section shall only apply where the court finds that placement withsuch grandparents or other relatives is not contrary to the best interestof the child considering all circumstances. If the court finds that it iscontrary to the best interest of a child to be placed with grandparents orother relatives, the court shall make specific findings on the recorddetailing the reasons why the best interests of the child necessitateplacement of the child with persons other than grandparents or otherrelatives.
4. The age of the child's grandparent or other relative shall not bethe only factor that the children's division takes into consideration whenit makes placement decisions and recommendations to the court about placingthe child with such grandparent or other relative.
5. For any Native American child placed in protective custody, thechildren's division shall comply with the placement requirements set forthin 25 U.S.C. Section 1915.
6. A grandparent or other relative may, on a case-by-case basis, havestandards for licensure not related to safety waived for specific childrenin care that would otherwise impede licensing of the grandparent's orrelative's home.
7. The guardian ad litem shall ascertain the child's wishes andfeelings about his or her placement by conducting an interview orinterviews with the child, if appropriate based on the child's age andmaturity level, which shall be considered as a factor in placementdecisions and recommendations, but shall not supersede the preference forrelative placement created by this section or be contrary to the child'sbest interests.
(L. 1990 H.B. 1370, et al., A.L. 1994 H.B. 1547 & 961, A.L. 2004 H.B. 1453 merged with S.B. 762, A.L. 2009 H.B. 154)