Family Stability Act

Summary

This legislation would enable parents to take custody of their children in a way that is consistent with the interests of the child. It will define the level of preference for where the Department will leave the child in the custody of least restrictive way possible.

Family Stability Act

Family Stability Act

The Department shall place a child in the least restrictive type of placement available, consistent with the best interests of the child.

The order for placement preference is as follows:

  1. With a parent.
  2. In kinship care with another member of the child’s extended family or a person who has a significant relationship with the child.  A foster parent or kinship caregiver with whom a child under has resided for nine months or more is a person who has a significant relationship with the child. Absent evidence to the contrary, the court may presume that continuation of the child’s placement with his or her current caregivers is in the child’s best interests.
  3. In licensed family foster care.
  4. In therapeutic foster care.
  5. In a group home or congregate care setting.
  6. In a residential treatment facility.