Section 0250-05-13-.02 - NOTICE(1) Not less than ten (10) days prior to the removal of a child from a foster family home for reasons other than as specified in rule 0250-5-13-.01(l), (2), and (3), the foster parent(s) shall be notified in writing of the Department's intention to remove the child, the date of the intended removal and the reasons for the intended removal. Such notice shall also advise the foster parents of their right to appeal this decision and that if they appeal within ten (10) days the child will not be removed from their home pending the outcome of the appeal.(2) Advance notice of the intent to remove a child from a foster home shall not be required when the Department determines that there is an imminent threat of harm to the child's health or safety if he is not removed from the foster family home immediately. In such cases the foster parent(s) shall be given as much advance notice as possible without endangering the child's health or safety and shall be advised of their right to appeal the decision, although an appeal in such cases will not stay the removal of the child pending the outcome of the appeal.Tenn. Comp. R. & Regs. 0250-05-13-.02
Original rule filed November 22, 1978; effective January 8. 1979. Repeal and new rule filed November 28, 1979; effective January 12, 1980. Amendment filed December 17, 1982; effective March 16, 1983. Rule assigned a new control number, removed, and renumbered from 1240-5-13-.02 filed and effective March 25, 1999. Amendment filed May 29, 2002; effective August 12, 2002.Authority: T.C.A. §§ 4-5-226, 37-5-105, and 37-5-112.