Delaware General Assembly


CHAPTER 294

FORMERLY

SENATE BILL NO. 432

AN ACT TO AMEND CHAPTER 38, TITLE 31 OF THE DELAWARE CODE RELATING TO THE FOSTER CARE REVIEW BOARD

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §3803(b), Chapter 38, Title 31 of the Delaware Code by striking the number "26" where it appears In the first sentence of §3803(b) and insert in lieu thereof the number "56".

Section 2. Amend §3803(b)(3), Chapter 38, Title 31 of the Delaware Code by striking the number"20" wherever it appears In said section and substitute in lieu thereof the number "SO".

Section 3. Amend §3807(3), Chapter 38, Title 31 of the Delaware Code by striking the number "3" wherever it appears in said Section and substitute in lieu thereof the number "5".

Section 4. Amend §3808(1), Chapter 38, Title 31 of the Delaware Codc by adding a new sentence to said Section to read as follows:

"To insure a comprehensive monitoring and evaluation effort, the Executive Committee shall solicit comments from biological parents, foster parents, foster children, and placement agencies. The Department of Services for Children, Youth and Their Families shall appoint a liaison to the Foster Care Review Board to assist in monitoring and evaluation."

Section 5. Amend §3808(3), Chapter 38, Title 31 of the Delaware Codc by striking the date "June 9, 1983" where it appears in the last sentence of said section and substitute In lieu thereof the following:

"the effective date of this Act."

Section 6. Amend §3809(a), Chapter 38, Title 31 of the Delaware Code by striking §3809(a) in its entirety and substitute In lieu thereof the following:

"(a) The Board Is hereby authorized to conduct an administrative review for all children in foster care, no less frequently than once every six months. The frequency of the administrative review may change from time to time in order to comply with the requirements of the Adoption Assistance and Child Welfare Act of 1980, 42 U.S.C. §670, et. sew. (1980) as amended. Internal reviewers employed by the Department of Services to Children, Youth and Their Families, Division of Program Planning and Productivity, may, within the discretion of the Department, participate In the administrative reviews conducted by the Foster Care Review Board."

Section 7. Amend §3809(c), Chapter 38, Title 31 of the Delaware Code by adding a new subparagraph at §3809(c)(7) to read as follows:

"(7) To comply with all of the requirements set forth in the Adoption Assistance and Child Welfare Act of 1980, §§475(5)(B), 427(a)(2)(B), 42 U.S.C. §§675(5)(B), 627(a)(2)(B) (1980) as amended, which requires periodic review of cue plate for all children in foster care."

Section 8. Amend §3820, Chapter 38, Title 31 of the Delaware Code by striking said Section In its entirety and substitute in lieu thereof the following:

"The Board shall develop and implement a case review system over a period of time so that by March I, 1987, 100% of the children in foster care arc subject to the case review system. During that time preceding March I, 1987, when the Board is gradually increuing its case review load, internal reviewers employed by the Department of Services for Children, Youth and Their Families, Division of Program Planning and Productivity, shall continue to conduct administrative reviews for children in foster care whose Jurisdiction for purposes of administrative reviews had nut yet been assumed by the Board. At all times during the period of transition, the Board and the Department of Services for Children, Youth and Their Families, Division of Program Planning and Productivity, shall cooperate to ensure continuous coverage of the federally mandated review function."

Section 9. This Bill shall become effective upon its enactment into law.

Approved June 19, 1986.