§ 32A-3A-7 — Voluntary placement; time limitation

A. A child may remain in voluntary placement for up to one hundred eighty consecutive days. B. Prior to the expiration of the voluntary placement agreement, if the parent or guardian agrees in writing that the child is to remain in voluntary placement for up to an additional one hundred eighty days, the department shall file a petition to extend the voluntary placement. The department shall provide notice of the hearing on the petition for extension to the parent or guardian. C. The court shall hold a hearing and enter a written final order within thirty days of the filing of the petition. If the court grants an extension of up to one hundred eighty days, the order shall contain findings that proper notice was given, the parent or guardian consents to the extension of the voluntary placement and the voluntary placement agreement is in the child's best interest. If an extension is denied, the court shall enter a written order denying the extension and directing the department to immediately return the child to the parent or guardian. D. In no event shall a child remain in voluntary placement for a period in excess of three hundred sixty-five days in any two-year period. E. Any placement described in this section shall not be considered abandonment by a parent, guardian or custodian or other family member.

Legislative History

1978 Comp., § 32A-3A-7, enacted by Laws 1993, ch. 77, § 69; 2005, ch. 82, §