Rule 10-317 Notice of change in placement.

A. Notice required. The department shall provide written notice of a change in a child’s placement, including a return to the child’s home, and of the factual grounds supporting the change in placement at least ten (10) days before the placement change, unless an emergency requires moving the child prior to sending notice. The notice shall be substantially in the form approved by the Supreme Court and shall be provided to the following:

(1) the children’s court;

(2) the child’s guardian ad litem or attorney;

(3) all parties;

(4) the child’s CASA; and

(5) the child’s foster parents.

B. Contesting a change in placement. The child, by and through the child’s guardian ad litem or attorney, may file a motion to contest the proposed change in placement. When such a motion is filed, the department shall not change the child’s placement pending the court’s ruling on the motion, unless an emergency requires a change in placement prior to the court’s ruling.

C. Notice of emergency change of placement. When the department changes a child’s placement without the prior notice required in Paragraph A of this rule, the department shall provide written notice substantially in the form approved by the Supreme Court within three (3) days after the placement change. The notice shall be sent to the recipients listed in Paragraph A of this rule.

D. Written notice not required. Written notice is not required for removal of a child from temporary emergency care, emergency foster care, or respite care. The department shall orally notify the child’s guardian ad litem or attorney of such a removal.