§ 9-28-108 — Placement of juveniles - Definitions

(a) As used in this section: (1) "Fictive kin" means a person selected by the Division of Children and Family Services who: (A) Is not related to a child by blood or marriage; and (B) Has a strong, positive, and emotional tie or role in the: (i) Child's life; or (ii) Child's parent's life if the child is an infant; and (2) "Relative" means a person within the fifth degree of kinship by virtue of blood, marriage, or adoption. (b) (1) (A) After the Department of Human Services removes a juvenile or the circuit court grants custody of the juvenile to the department, the juvenile shall be placed in a licensed or approved foster home, shelter, or facility or an exempt child welfare agency, as defined under § 9-28-402 . (B) For a juvenile placed out of state, the placement shall be approved under the Interstate Compact on the Placement of Children, § 9-29-201 et seq. (2) When it is in the best interest of each of the juveniles, the department shall attempt to place: (A) A sibling group together while they are in foster care and adoptive placement; and (B) An infant of a minor mother together with the minor mother in foster care. (c) (1) A relative of a juvenile placed in the custody of the department shall be given preferential consideration for placement if: (A) The relative meets all required child protection standards; and (B) It is in the best interest of the juvenile to be placed with the relative. (2) Placement or custody of a juvenile in the home of a relative or other person shall not relieve the department of its responsibility to actively implement the goal of the case. (3) If a relative or other person inquires about the placement of a juvenile in his or her home, the department shall discuss the following two (2) options with the relative or other person considering the placement of the juvenile: (A) Becoming a department foster home; or (B) Obtaining legal custody of the juvenile. (4) (A) The juvenile shall remain in a licensed or approved foster home, shelter, or facility or an exempt child welfare agency as defined under § 9-28-402 until: (i) The home is opened as a regular foster home; (ii) The home is opened as a provisional foster home, if the person is a relative or fictive kin to one (1) of the children in the sibling group, including step-siblings; or (iii) The court grants custody of the juvenile to the relative or fictive kin after a written approved home study is presented to the court. (B) For placement with a relative or fictive kin: (i) (a) The juvenile and his or her siblings or stepsiblings may be placed in the home of a relative or fictive kin of the juvenile on a provisional basis no more than six (6) months pending the home of the relative or fictive kin being opened as a regular foster home. (b) A relative or fictive kin who has his or her home opened as a provisional foster home may receive a board support payment from the department for no more than six (6) months unless fully opened as a foster home; (ii) If the relative or fictive kin chooses to have his or her home opened as a provisional foster home, the relative or fictive kin shall not be paid a board payment until: (a) The relative or fictive kin meets all of the foster home requirements; and (b) The home of the relative or fictive kin is opened as a regular foster home; (iii) The relative or fictive kin may apply for and receive benefits that the relative or fictive kin may be entitled to based on the placement of the juvenile in the home, such as benefits under the Transitional Employment Assistance Program, § 20-76-401 , and the Supplemental Nutrition Assistance Program, until the home of the relative or fictive kin is opened as a regular foster home; and (iv) If the home of the relative or fictive kin is not fully licensed as a foster home after six (6) months of the placement of the juvenile and any siblings or step-siblings in the home: (a) The department shall remove the juvenile and any siblings or step-siblings from the relative or fictive kin's home and close the provisional foster home of the relative or fictive kin; or (b) The court shall remove custody of the juvenile and any siblings or step-siblings from the department and grant custody to the relative or fictive kin subject to the limitations outlined in subdivision (c)(5) of this section. (5) If the court grants custody of the juvenile and any siblings or step-siblings to the relative or other person: (A) (i) The juvenile and any siblings or step-siblings shall not be placed back in the custody of the department while remaining in the home of the relative or other person. (ii) The juvenile and any siblings or step-siblings shall not be removed from the custody of the relative or other person, placed in the custody of the department, and then remain or be returned to the home of the relative or other person while remaining in the custody of the department; (B) (i) The relative or other person shall not receive any financial assistance, including board payments, from the department, but may receive other financial assistance that the relative or other person has applied for and qualifies for under other program guidelines, such as the Transitional Employment Assistance Program, the Supplemental Nutrition Assistance Program, Medicaid, and a federal adoption subsidy. (ii) A relative or fictive kin who has his or her home opened as a provisional foster home may receive a board support payment from the department for no more than six (6) months unless fully opened as a foster home; and (C) The department shall not be ordered to pay the equivalent of board payments or adoption subsidies to a relative or other person as reasonable efforts to prevent removal of custody from the relative. (d) (1) (A) A court may order a juvenile who is in the custody of the department to be placed in a trial home placement with a parent of the juvenile or the person from whom custody of the juvenile was removed for: (i) No longer than sixty (60) days; or (ii) More than sixty (60) days but no longer than one hundred eighty (180) days with the consent of the department. (B) The department may place a juvenile who is in its custody in a trial home placement with a parent of the juvenile or the person from whom custody of the juvenile was removed for no longer than one hundred eighty (180) days. (C) A trial home placement with a parent who did not have custody of the juvenile at the time of the juvenile's removal into the custody of the department may be made only after the court or the department determines that: (i) The trial home placement is in the best interest of the juvenile; (ii) The noncustodial parent does not have a restriction on contact with the juvenile; and (iii) There are no safety concerns related to the placement after reviewing: (a) The criminal background of the noncustodial parent; (b) The home of the noncustodial parent and each person in the home of the noncustodial parent; and (c) Other information in the records of the department, including without limitation records concerning foster care, child maltreatment, protective services, and support services. (2) At the end of the trial home placement the: (A) Court shall place custody of the juvenile with the parent or the person from whom custody was removed; or (B) Department shall return the juvenile to a licensed or approved foster home, shelter, or facility or an exempt child welfare agency as defined in § 9-28-402 . (e) In an action under this section concerning placement of a juvenile, the circuit court may consider the preferences of the juvenile if the juvenile is of a sufficient age and capacity to reason, regardless of the juvenile's chronological age. (f) When a juvenile leaves the custody of the department and the court grants custody to the parent or another person, the department shall not be the legal custodian of the juvenile, even if the juvenile division of circuit court retains jurisdiction.

Legislative History

Amended by Act 2023, No. 363,§ 22, eff. 8/1/2023. Amended by Act 2023, No. 363,§ 21, eff. 8/1/2023. Amended by Act 2023, No. 363,§ 20, eff. 8/1/2023. Amended by Act 2023, No. 168,§ 4, eff. 8/1/2023. Amended by Act 2019, No. 541,§ 10, eff. 7/24/2019. Amended by Act 2017, No. 700,§ 2, eff. 8/1/2017 Amended by Act 2013, No. 478,§ 3, eff. 8/16/2013 Amended by Act 2013, No. 478,§ 2, eff. 8/16/2013 Acts 2011, No. 591, § 1