You may be required to be involved in a diligent search, especially if you are working on behalf of children who may be in foster care. Many state laws require that a diligent search be completed that can identify those individuals who can become a valid resource for custody or placement of children. This search can also be used to identify people who have an important commitment to the child.
Generally, information begins to be collected once the state child protection service gets involved. If the child is removed from the home, the search will intensify and a case manager is normally assigned to the case. Most states impose a time limit on this search. The goal of the diligent search is to get the child into a safe home as quickly as possible.
The state will begin by trying to locate the parents or other close relatives. If the parents, or others, live outside the state, the state must try to contract the persons using other agencies or utility providers in that other state. Relatives can include mother, father, grandparents, great-grandparents, aunts, uncles, adult siblings, and stepparents in some cases. Other committed persons includes people who have had a positive relationship with the child.
The diligent search, in most states, must begin within thirty days of the child being removed and all adult relatives (who can be found) must be notified that the child has been removed and given instructions as to what may happen to the child. Notice usually includes information on how a person may apply for foster care of the child and give information on any financial assistance that is available.
The results of the diligent search must be documented and filed with the appropriate agency. There is normally a thirty-day review period following the filing, and during this period the child may be placed under the care of the state’s DHR/DFCS or some other appropriate entity or person until such time as better options are resolved.
The court can order persons involved in the case to disclose information concerning relatives or other persons who may be used as temporary replacements for parents. This requirement is used to help move the process along as quickly as possible. Those refusing to assist can be held in contempt of court in some states.
It should be understood that the diligent search is ongoing. All parties, including the state agencies, are required to continue searching and to supplement the original search while the case is active at each level of the courts. This requirement is often included in the court’s written summons.
While the above are general rules concerning a diligent search, it must be kept in mind that each state can, and does, have its own rules. Those who may be involved in a diligent search process should look into the current laws and statues that are in effect in your particular state. It is also worth considering hiring a professional to assist you if the need arises as some rules can be confusing to understand and hard to implement on your own. If in doubt, seek professional help.
