A. When a child's placement is changed, including a return to the child's home, written notice of the placement change shall be given to the parties and to the child's tribe if the child is an Indian child ten days prior to the placement change, unless an emergency situation requires moving the child prior to sending notice.

B. When a child's guardian ad litem or attorney requests a court hearing to contest the proposed placement change, the department shall not change the child's placement pending the result of the court hearing, unless an emergency requires changing the child's placement prior to the hearing.

C. When a child's placement is changed and notice pursuant to the provisions of Subsection A of this section is not provided, written notice shall be sent to the parties and to the child's tribe if the child is an Indian child within three days after the placement change.

D. Notice pursuant to the provisions of this section is not required for removal of the child from temporary emergency care, emergency foster care or respite care.

History: 1978 Comp., § 32A-3B-9, enacted by Laws 1993, ch. 77, § 81; 2005, ch. 189, § 33.

The 2005 amendment, effective June 17, 2005, provided in Subsection A that if a child's placement is changed, notice of the change shall be given to the parties and to the child's tribe if the child is an Indian child and in Subsection C that if notice of placement is not given under Subsection A, notice of the change of placement shall be given to the parties and to the child's tribe if the child is an Indian child.