DMR.1.10.110 Change of Placement Hearings

(a) The Behavioral Health Director or his or her designee may request a change in placement of the child, whether or not the change requested is authorized in the dispositional order, as provided in Section DMR.1.10.080(b) of this ordinance.

(1) If the proposed change in placement would change the placement of a child placed in the home to a placement outside the home, the Behavioral Health Director shall motion the Children's Court requesting a Change of Placement Hearing. The request shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement is preferable to the present placement, and a statement of how the new placement satisfies objectives of the treatment plan ordered by the Court. The request shall also contain specific information showing that continued placement of the child in his or her home would be contrary to the welfare of the child, that the Behavioral Health Department has made reasonable and active efforts to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns. The Legal Department shall serve copies of the motion to all affected persons who were parties to the original proceedings, the Behavioral Health Director, and the guardian ad litem, except that the Court may order additional parties served. Such motion shall be filed with the Court.

(2) Upon receiving the motion, the Children's Court shall set a Change of Placement Hearing. The clerk shall serve notice of hearing date to all affected persons who parties to the original proceedings, the Behavioral Health Director, and the guardian ad litem, and any additional parties ordered by the Court no later than seven (7) working days before the hearing if done by personal service and ten (10) working days if done by first class mail. The hearing so noticed will be on the merits of the motion unless the Children's Court otherwise provides.

(3) If the proposed change of placement would change the placement of a child placed out of the home to inside the home, the Behavioral Health Director shall provide the Children's Court with a Notice of Chance of Placement. The Notice shall contain the name and address of the placement and the date on which the placement occurred. The Legal Department shall serve copies of the Notice to all affected persons who were parties to the original proceedings, the Behavioral Health Director, and the guardian ad litem, and any additional parties the Children's Court ordered served.