(1) The department of human services shall provide information on sibling contact in the visitation plan for a youth. In doing so, the youth shall be consulted about the youth's wishes as to sibling contact.
(2) As written in the visitation plan, the department of human services shall, if it is in the best interests of each sibling:
Promote frequent contact between siblings in foster care, which may include telephone calls, text messages, social media, video calls, and in-person visits;
Clarify that sibling contact should not be limited in time or duration to periods ofparental contact;
Clarify that restriction of sibling visits should not be a consequence for behavioralproblems. Visits should only be restricted if contrary to the best interests of a sibling.
Ensure timing and regularly scheduled sibling visits are outlined in case plans basedon individual circumstances and needs of the youth.
If a youth in foster care requests an opportunity to visit a sibling, the county department that has legal custody of the youth shall arrange the visit within a reasonable amount of time and document the visit.
If a youth in foster care requests an opportunity to visit a sibling on a regular basis,the county department that has legal custody of the youth shall arrange the visits and ensure that the visits occur with sufficient frequency and duration to promote continuity in the siblings' relationship.
If, in arranging sibling visits pursuant to this section, a county department determinesthat a requested visit between the siblings would not be in the best interests of one or both of the siblings, the county department shall deny the request, document its reasons for making the determination, and provide the siblings with an explanation for the denial, as permitted under state and federal law. In determining whether a requested visit would be in the best interests of one or both of the siblings, the county department shall ascertain whether there is pending in any jurisdiction a criminal action in which either of the siblings is either a victim or a witness. If such a criminal action is pending, the county department, before arranging any visit between the siblings, shall consult with the district attorney for the jurisdiction in which the criminal action is pending to determine whether the requested visit may have a detrimental effect upon the prosecution of the pending criminal action.
Nothing in this section requires or permits a county department to arrange a siblingvisit if such visit would violate an existing protection order in any case pending in this state or any other state.
As used in this section, "sibling" means: (a) A biological sibling;
(b) A step-sibling or former step-sibling; or (c) An adoptive sibling.
(8) The state board of human services, created in section 26-1-107, may promulgate rules for the implementation of this section.
Source: L. 2019: Entire part added with relocations, (HB 19-1288), ch. 216, p. 2236, § 2, effective August 2.
Editor's note: This section is similar to former § 19-1-128 as it existed prior to 2019.