§ 41-3-451 — Exemption From Placement Preferences

41-3-451 . Exemption from placement preferences. (1) Good cause exists to not follow the placement preferences described in 41-3-450 if one or more of the following circumstances is present:
(a) a child's parent or legal guardian attests that the parent or legal guardian has reviewed the placement preferences and requests a placement that does not follow the order of preference;
(b) a child who is of sufficient age and capacity to understand the decision requests a placement that does not follow the order of preference;
(c) a sibling attachment exists that may be maintained only through a particular placement;
(d) the extraordinary physical, mental, or emotional needs of the child, such as specialized treatment services that may be unavailable in the community where families who meet the placement preferences live, require a particular placement; or
(e) a suitable placement meeting the placement preferences is not available after a diligent search was conducted. The determination that a suitable placement is not available must conform to the prevailing social and cultural standards of the community in which the child's parent or legal guardian or extended family resides or to which the child's parent or legal guardian or extended family members maintain social and cultural ties.
(2) Good cause does not exist to depart from the preferences described in 41-3-450 based on the socioeconomic status of any placement relative to another placement.

Legislative History

En. Sec. 2, Ch. 674, L. 2023.