The Board, with the approval of the Executive Committee, may petition the court for a judicial review of a child in the care or custody of a placement agency if:
(1) The placement agency disagrees with the recommendations of the Board and notifies the Board pursuant to § 3815(c) of this title;
(2) The Board determines that there has been a failure by the placement agency to progress towards establishing permanency for the child; or
(3) The Board determines that the placement agency is not fulfilling the requirements of the permanency plan as ordered by the court.