§ 42-72-14. Voluntary admissions.
(a) The director may, in the director's discretion, admit to the department on a voluntary
basis any child who, in the director's opinion, could benefit from any of the services
offered in foster care or residential facilities administered by or under contract
with, or otherwise available to, the department.
(b) A child voluntarily admitted to the department shall be deemed to be within the care
of the department until terminated. The department shall terminate admissions within
ten (10) days after receipt of a written request for termination from a parent or
guardian of any child or from the child unless prior to that time the department has
sought and obtained from the family court an order of temporary custody as provided
by law. The department may terminate the admission of any child after giving reasonable
notice, in writing, to the parent or guardian of any child. Any child admitted voluntarily
to the department may be placed in, or transferred to, any resource facility or institution
within the department or available to the department; provided, however, that written
notice shall be given to the child and the child's parent or other guardian of an
intention to make a transfer at least ten (10) days prior thereto, or unless waived,
in writing, by those entitled to the notice, or unless an emergency commitment of
the child is made by law. In any case of voluntary admission, or termination or transfer
of a voluntary admission, the occurrence shall be reported to the office of the child
advocate.
(c) Within one hundred twenty (120) days of admitting a child on a voluntary basis, the
department shall petition the family court for a determination as to whether continuation
in care is in the child's best interest and, if so, whether there is an appropriate
case service plan. The family court shall assume jurisdiction over the case and schedule
a hearing on the matter within sixty (60) days of the filing of the petition. The
department shall notify the child, the child's parent or other guardian, and the office
of the child advocate of any petition and the time of the scheduled hearing. In the
case of a child with an emotional, behavioral, or mental disorder or developmental
or physical disability who is voluntarily placed with the department by a parent or
guardian for the purpose of accessing an out-of-home program for the child in a program
that provides services for children with disabilities, including, but not limited
to, residential treatment programs, residential counseling centers, and therapeutic
foster care programs the petition shall seek review, pursuant to §§ 14-1-11.1 and 40-11-12.1, as to whether the continuation of the placement is in the best interest of the child.
(d) At the time of admission to the custody of the department, the department shall notify
the person liable for the support and maintenance of the child of the provisions of
§ 15-9-1.