When the outcome of the TDM Meeting is for a child to be removed from home for protection from immediate harm, he/she is placed in a licensed foster home, shelter, other licensed facility or with a parent or relative and a petition is filed with the Juvenile Court. Verbal or written notices of the child’s removal are provided. A written notice, called a Temporary Custody Notice (TCN), states the reason for removal and the circumstances that placed the child at imminent risk of harm. The TCN will also inform the parent, guardian or custodian to immediately provide any and all information about relatives or other people who have a significant relationship with the child. The parent, guardian or custodian is requested to sign the TCN acknowledging receipt of the notice.
The Temporary Custody Notice will include information about a Preliminary Protective Hearing, obtaining an attorney, a meeting to be held if a dependency petition is filed with the juvenile court, rights and responsibilities, services available and agencies to contact for assistance.
If a hearing date is not known when the Temporary Custody Notice is served, DCS will give the parent, guardian or custodian notice of the date and time of the Preliminary Protective Hearingwithin 24 hours of the petition being filed. This hearing will be held within 5 to 7 days of the removal.
Department of Child Safety is required by law to make every effort to identify and notify all adult relatives of the child within 30 days of the child’s removal, of the relatives’ options to become a placement resource for the child. The notice includes the following:
- Options available to the relative to participate in the child’s care and placement.
- Describes the requirements to become a licensed foster home and the additional services and supports available for the child in a licensed foster care home.
This notice is not required when the relative or person having a significant relationship with the child has a history of family or domestic violence.
DCS Specialists are required to continually assess if the child can safely remain with the parent. The DCS Specialist, along with their supervisor, will formally evaluate child safety at least every six months; however, as family circumstances change, DCS will evaluate if the child can remain safely with the parent, guardian or custodian.