H.R. 10865: Samier Amer Foster Care Improvement Act of 2026

This bill would change the rules states must follow when a child is removed from a parent’s custody and placed elsewhere, such as in foster care or with a relative.

What states would have to do

• Within 90 days after making a placement decision, the state would have to give notice of the decision and explain why it was made.
• That notice would have to go to:
  • each parent of the child,
  • any relative who told the state they wanted to care for the child,
  • the child’s guardian,
  • the guardian ad litem,
  • the child’s attorney,
  • each parent’s attorney,
  • the child, if the child is able to express an opinion about placement, and
  • the prosecutor involved.

Requests for more information

• If someone receives that notice, they would be able to ask for written documentation of the reasons for the placement decision.
• That request would have to be made within 5 days after receiving the notice.

Court review

• The child’s attorney would be allowed to ask a court to review the placement decision.
• If a review is requested, the court would have to start it within 7 days.
• The review would have to happen on the official record, meaning the court would consider documented evidence rather than informal discussion alone.

When the changes would apply

• The new rules would generally take effect at the start of the first fiscal year beginning after the bill is enacted.
• If a state needs new legislation to comply, it would get extra time before being treated as out of compliance.

Relevant Companies

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