Participation in child abuse and neglect proceedings.

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(A) The Foster Care Review Board may participate, through counsel, in child abuse and neglect proceedings pursuant to Sections 63-7-1660, 63-7-1700, 63-7-2520 and in any hearing held pursuant to a motion filed by a named party or party in interest. Participation includes the opportunity to cross-examine witnesses and to present its recommendation to the court.

(B) This section does not require notice of any hearing to be served upon the Foster Care Review Board unless it is a party to the case.

(C) If the Foster Care Review Board intends to participate in any hearing pursuant to this section, it shall inform the Department of Social Services, the court, and the guardian ad litem coordinator or counsel for the guardian ad litem of its intention to appear and participate in the hearing at least twenty-four hours in advance of the hearing.

(D) If the Foster Care Review Board intends to become a party to the action, it shall file a motion to intervene. There is a rebuttable presumption that the motion to intervene shall be granted absent a showing that intervention would be unjust or inappropriate in a particular case.

HISTORY: 2008 Act No. 361, Section 2; 2016 Act No. 238 (H.4546), Section 6, eff June 5, 2016.

Effect of Amendment

2016 Act No. 238, Section 6, rewrote the section, allowing the board to introduce, examine, and cross-examine witnesses.


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