§ 10A-2-2-801 — Procedures and requirements for placement of

adjudicated children. A. 1. Whenever the court transfers custody of a child as provided in this article, the person, institution, agency, or department receiving custody shall have the right to, and shall be responsible for, the care and control of the child, and shall have the duty and authority to provide food, clothing, shelter, medical care, education, and discipline for the child, and to authorize and consent to medical care for the child provided by a qualified health care professional. The person, institution, agency or department may provide or arrange for the provision of inpatient treatment of such minor only as provided by the Inpatient Mental Health and Substance Abuse Treatment of Minors Act. Nothing in this subsection shall be interpreted to prohibit or preclude the provision of outpatient services, including an outpatient examination, counseling, educational, rehabilitative or other similar services to said minor, as necessary and appropriate, in the absence of a specific court order for such services. 2. The medical care, surgery and extraordinary care shall be charged to the appropriate agency where the child qualifies for the care under law, rule or administrative order or decision. 3. Nothing in this subsection shall be interpreted to: a. relieve a parent of the obligation to provide for the support of the child as otherwise provided by law, or b. limit the authority of the court to order a parent to make support payments or to make payments or reimbursements for medical care or treatment, including behavioral health care or treatment, to the person, institution, agency or Department having custody of the child, or c. abrogate the right of the child to any benefits provided through public funds for which the child is otherwise eligible. 4. No person, agency or institution shall be liable in a civil suit for damages for authorizing or not authorizing surgery or extraordinary care in an emergency, as determined by competent medical authority. No state employee shall be liable for the costs of any medical care or behavioral health services provided to any child in the custody of the Office of Juvenile Affairs. B. The person, institution, agency, or department having legal custody of a child pursuant to an order of the court shall receive notice of court proceedings regarding the child as provided in Sections 2-2-107 and 2-2-501 of this title and shall be allowed to intervene upon application as a party to all court proceedings pertaining to the care and custody of the child including, but not limited to: adjudication, disposition, review of disposition, termination of parental rights and proceedings pursuant to the Inpatient Mental Health and Substance Abuse Treatment of Minors Act.

Legislative History

Added by Laws 1995, c. 352, § 143, eff. July 1, 1995. Amended by Laws 1997, c. 293, § 20, eff. July 1, 1997; Laws 2000, c. 177, § 7, eff. July 1, 2000; Laws 2002, c. 327, § 28, eff. July 1, 2002; Laws 2009, c. 234, § 64, emerg. eff. May 21, 2009. Renumbered from § 7303-8.1 of Title 10 by Laws 2009, c. 234, § 184, emerg. eff. May 21, 2009.