§ 9-27-335 — Disposition - Dependent-neglected - Limitations

(a) (1) At least five (5) working days before ordering the Department of Human Services, excluding community-based providers, to provide or pay for family services in any case in which the department is not a party, the circuit court shall fax a written notice of intent to the Secretary of the Department of Human Services and to the attorney of the local Office of Chief Counsel of the Department of Human Services. (2) At any hearing in which the department is ordered to provide family services, the court shall provide the department with the opportunity to be heard. (3) Failure to provide at least five (5) working days' notice to the department renders any part of the order pertaining to the department void. (b) (1) For purposes of this section, the court shall not specify a particular provider for placement or family services if the department is the payor or provider. (2) (A) The court may order a child to be placed or to remain in a placement if the court finds the placement is in the best interest of the child after hearing evidence from all parties. (B) A court may also order a child into a licensed or approved placement after a hearing where the court makes a finding that it is in the best interest of the child based on bona fide consideration of evidence and recommendations from all the parties. (C) The court shall not order a child to be placed or remain in a placement in a foster home that has been closed or suspended by a child placement agency. (D) (i) If the health or welfare of a child is in immediate danger while in a court-ordered placement, the department may immediately remove the child from the court-ordered placement. (ii) The department shall notify all parties within twenty-four (24) hours of the change in placement under subdivision (b)(2)(D)(i) of this section. (iii) A party may request a hearing on the change in placement made under subdivision (b)(2)(D)(ii) of this section, and the hearing shall be held within five (5) business days of receiving the request. (c) (1) In all cases in which family services are ordered, the court shall determine the ability of the parent, guardian, or custodian to pay, in whole or in part, for these services. (2) The determination of ability to pay and the evidence supporting it shall be made in writing in the order ordering family services. (3) If the court determines that the parent, guardian, or custodian is able to pay, in whole or in part, for the services, the court shall enter a written order setting forth the amount the parent, guardian, or custodian is able to pay for the family services ordered and order the parent, guardian, or custodian to pay the amount periodically to the provider from whom family services are received. (d) (1) Custody of a juvenile may be transferred to a relative or other individual only after a home study of the placement is conducted by the department or by a licensed social worker who is approved to do home studies and submitted to the court in writing and the court determines that the placement is in the best interest of the juvenile. (2) A home study is not required for a parent of a juvenile. (e) (1) (A) The court shall enter an order transferring custody of a juvenile in a dependency-neglect case only after determining that reasonable efforts have been made by the department to deliver family services designed to prevent the need for out-of-home placement and that the need for out-of-home placement exists. (B) The juvenile's health and safety shall be the paramount concern of the court in determining if the department could have made reasonable efforts to prevent the juvenile's removal. (2) If the court finds that reasonable efforts to deliver family services could have been made with the juvenile safely remaining at home but were not made, the court may: (A) Dismiss the petition; (B) Order family services reasonably calculated to prevent the need for out-of-home placement; or (C) Transfer custody of the juvenile despite the lack of reasonable efforts by the department to prevent the need for out-of-home placement if the transfer is necessary: (i) To protect the juvenile's health and safety; or (ii) To prevent the removal of the juvenile from the jurisdiction of the court. (f) In a case of medical neglect involving a child's receiving treatment through prayer alone in accordance with a religious method of healing in lieu of medical care, the adjudication order shall be limited to: (1) Preventing or remedying serious harm to the child; or (2) Preventing the withholding of medically indicated treatment from a child with a life-threatening condition. (g) No court may commit a juvenile found solely in criminal contempt to the Division of Youth Services. (h) For purposes of this section, the court shall not order the department to expend or forward Social Security benefits for which the department is payee.

Legislative History

Amended by Act 2023, No. 363,§ 10, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 5133, eff. 7/1/2019. Amended by Act 2013, No. 1037,§ 1, eff. 8/16/2013 Acts 1989, No. 273, § 34; 1997, No. 1227, § 10; 1999, No. 401, § 11; 1999, No. 1363, § 2; 2003, No. 1319, § 28; 2003, No. 1809, § 12; 2005, No. 1990, § 16; 2009, No. 956, §§ 15, 16; 2011, No. 1175, § 7