Change Venue Children In Out-of-home Placement

The act sets forth the procedures for determining proper venue for transferring child welfare proceedings to another county when a child is placed in the legal custody of a county department of social or human services (county department) and the child is initially placed in out-of-home placement in another county. For purposes of determining proper venue, a child who is placed in the legal custody of a county department is deemed for the entire period of placement to reside in the county in which the child's legal parent or guardian resides or is located, even if the child is physically residing in a foster care or residential facility located in another county. In that circumstance, the court shall not transfer venue during the period of out-of-home placement to any county other than to the county in which the child's legal parent or guardian resides or is located.

The act clarifies the circumstances when a case may not be transferred and adds to the statute factors where transfers should not occur, including:

• Where the legal parent or guardian has a history of frequent moves unless there is evidence of stability in the most recent move indicating an intent to remain in the new residence for 6 or more months;
• The case is likely to close within 3 to 6 months;
• The transfer will disrupt continuity or provision of services;
• The case is an expedited permanency planning case for a child under 6 years of age, unless the presumption that a transfer of proceedings is not in the best interest of the child has been rebutted by a preponderance of the evidence.

The county attorney filing a motion to change venue is required to notify the county attorney in the receiving county that a motion to change venue has been filed. The attorney for the receiving county has a right to file responsive pleadings and appear at the hearing.

(Note: This summary applies to this bill as enacted.)