41-3-1010. Review -- scope -- procedures -- immunity. (1) Except for cases removed from review under procedures established under 41-3-1004, the local citizen review board shall review the case of each child in foster care that is assigned by the district court.
     (2) The review must take place at times set by the local citizen review board. The first review may not be more than 6 months after the child is placed in foster care. Subsequent reviews must take place at least once every 6 months until the child is no longer within the jurisdiction of the district court or no longer in foster care.
     (3) The district court, by rule of the court or on an individual case basis, may relieve the local citizen review board of its responsibility to review a case if a complete judicial review has taken place within 60 days prior to the next scheduled board review.
     (4) The local citizen review board shall review any case in which a petition to terminate parental rights has been denied as soon as practical but no later than 45 days after the denial.
     (5) After reviewing each case, the local citizen review board shall prepare written findings and recommendations with respect to:
     (a) whether reasonable efforts were made prior to the placement to prevent or to eliminate the need for removal of the child from the home and to make it possible for the child to be returned home;
     (b) the continuing need for and appropriateness of the placement;
     (c) compliance with the case plan;
     (d) the progress that has been made toward alleviating the need for placement;
     (e) a likely date by which the child may be returned home or placed for adoption;
     (f) other problems, solutions, or alternatives that the local citizen review board determines should be explored; and
     (g) whether the district court should appoint an attorney or other person as special advocate to represent or appear on behalf of the child pursuant to 41-3-303.
     (6) Whenever a member of a local citizen review board has a potential conflict of interest in a case being reviewed, the member shall declare to the board the nature of the potential conflict prior to participating in the case review. The following provisions apply:
     (a) The declaration of the member must be recorded in the official records of the local citizen review board.
     (b) If, in the judgment of the majority of the local citizen review board, the potential conflict of interest may prevent the member from fairly and objectively reviewing the case, the board may remove the member from participation in the review.
     (7) The local citizen review board shall keep accurate records and retain the records on file. The local citizen review board shall send copies of its written findings and recommendations to the district court, the department of public health and human services, and other participants in the review.
     (8) The local citizen review board may hold joint or separate reviews for groups of siblings.
     (9) The local citizen review board may disclose to parents and their attorneys, foster parents, mature children and their attorneys, and other persons authorized by the board to participate in the case review the records disclosed to the board pursuant to 41-3-1008. Before participating in a local citizen review board case review, each participant, other than parents and children, shall swear or affirm to the board that the participant will keep confidential the information disclosed by the board in the case review and will disclose it only as authorized by law.
     (10) A person who serves on a local citizen review board in a volunteer capacity, as provided in this part, is considered an agent of the judiciary and is entitled to immunity from suit as provided in 2-9-112.

     History: En. Sec. 10, Ch. 610, L. 1993; amd. Sec. 6, Ch. 386, L. 1995; amd. Sec. 177, Ch. 546, L. 1995.