Section 489.3.4. Duties of local board.

         3.4(1) Local board reviews. Every six months the local board shall review the case of each child receiving foster care assigned to the local board by the child advocacy board to determine whether satisfactory progress is being made towards the goals of the case permanency plan pursuant to Iowa Code section 237.2. Whenever possible, reviews shall be conducted prior to court review of the cases.

            a.               Each review will consider the following:

             (1)             The past, current, and future status of the child and placement as shown through the case permanency plan and case progress reports submitted by the agency responsible for the placement of the child and other information the board may require.

             (2)             The efforts of the agency responsible for the placement of the child to locate and provide services to the biological or adoptive parents of the child.

             (3)             The efforts of the agency responsible for the placement of the child to facilitate the return of the child to the home or to find an alternative permanent placement other than foster care if reunion with the parent or previous custodian is not feasible. The agency shall report to the board all factors which either favor or mitigate against a decision or alternative with regard to these matters.

            b.               The agency responsible for placement of the child or the local board may request an investigation of any problems, solutions, or alternatives with regard to the best interest of the child or of the state.

            c.               The review shall include issues pertaining to the permanency plan and shall not include issues that do not pertain to the permanency plan. Each review shall include written testimony of any person notified pursuant to Iowa Code section 237.20(4), and may include oral testimony from those persons when determined to be relevant and material to the child’s placement. Case relevant written testimony from other interested parties may also be considered by the board in its review.

            d.               A person who gives oral testimony has the right to representation by counsel at the review. Oral testimony may, upon the request of the testifier or upon motion of the local board, be given in a private setting when to do so would facilitate the presentation of evidence. Local board questions shall pertain to the permanency plan and shall not include issues that do not pertain to the permanency plan.

            e.               A list of documents and information considered by the local board shall be provided to the child, the parents, their attorneys, judge, department, and the county attorney at their request.

         3.4(2) Findings and recommendations. The local board shall submit the findings and recommendations to the appropriate court within 15 days after the review. The findings and recommendations shall include the proposed date of the next review by the local board. The report to the court shall include information regarding the permanency plan and the progress in attaining the permanency goals. The local board shall send a copy of the findings and recommendations to the persons specified in 3.4(3) within 15 days following the review.

         3.4(3) The local board shall notify the following persons at least ten days prior to the review of the case of a child receiving foster care:

            a.               The person, court, or agency responsible for the child.

            b.               The parent or parents of the child unless termination of parental rights has occurred pursuant to Iowa Code section 232.117 or chapter 600A.

            c.               The foster care provider of the child.

            d.               The child receiving foster care, if the child is 14 years of age or older. The child shall be informed of the review’s purpose and procedure, and of the right to have a guardian ad litem present.

            e.               The guardian ad litem of the foster child. The guardian ad litem shall be eligible for compensation through Iowa Code section 232.141, subsection 1, paragraph “b.”

            f.                The department.

            g.               The county attorney.

            h.               The person providing services to the child.

            i.                The child’s attorney.

The notice shall include a statement that the person notified has the right to representation by counsel at the review.

         3.4(4) The local board shall encourage placement of the child in the most appropriate setting reflecting the provisions of Iowa Code chapter 232.

This rule is intended to implement Iowa Code sections 17A.3 and 237.20.

[ARC 2322C, IAB 12/23/15, effective 1/27/16]