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(1) The committee will conduct a review of any child placed in a licensed family foster home, a child care agency, group home or treatment facility if the child is placed under the supervision of the department or placed by the department or the department pays for the care of the child.

(2) At least one committee shall be appointed in each judicial district in the state by the youth court judge in consultation with the department.

(3) The committee shall be composed of not less than five nor more than seven members including:

(a) a representative of the department;

(b) a representative of the youth court;

(c) someone knowledgeable in the needs of the children in foster care placements not employed by the youth court or department;

(d) a representative of a local school district;

(e) the foster parent of the child whose care is under review, if there is one. The foster parent's appointment is effective only for and during that review;

(f) if the child under review is an Indian, an Indian person or a person knowledgeable about Indian cultural and family matters who is appointed for that review only.

(4) Three of the five required committee members must be in attendance to constitute an official review.

(a) A chairperson shall be selected by the committee prior to each meeting.

(5) Except for initial reviews under this rule, there shall be a foster care committee review once every 6 months on each child who has been in foster care for a period of more than 6 months.

(6) The person responsible for the placement of a child should not be a committee member when the committee reviews that child's placement.

History: Sec. 41-3-1115, MCA; IMP, Sec. 41-3-1115, MCA; NEW, 1982 MAR p. 609, Eff. 3/26/82; AMD, 1983 MAR p. 1550, Eff. 10/28/83; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; AMD, 1990 MAR p. 728, Eff. 4/3/90; AMD, 1995 MAR p. 281, Eff. 2/24/95; TRANS, from DFS, 1998 MAR p. 488.

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