§ 9-27-328 - Removal of juvenile.
               	 		
9-27-328.    Removal of juvenile.
    (a)  Before  a circuit court may order any dependent-neglected juvenile or family in  need of services juvenile removed from the custody of his or her  parent, guardian, or custodian and placed with the Department of Human  Services or other licensed agency responsible for the care of juveniles  or with a relative or other individual, the court shall order family  services appropriate to prevent removal unless the health and safety of  the juvenile warrant immediate removal for the protection of the  juvenile.
(b)  When the court orders a  dependent-neglected or family in need of services juvenile removed from  the custody of a parent, guardian, or custodian and placed in the  custody of the department or other licensed agency responsible for the  care of juveniles or with a relative or other individual, the court  shall make these specific findings in the order:
      (1)  In the initial order of removal, the court must find:
            (A)  Whether it is contrary to the welfare of the juvenile to remain at home;
            (B)  Whether  the removal and the reasons for the removal of the juvenile is  necessary to protect the health and safety of the juvenile; and
            (C)  Whether the removal is in the best interest of the juvenile; and
      (2)  Within sixty (60) days of removal, the court must find:
            (A)  Which family services were made available to the family before the removal of the juvenile;
            (B)  What  efforts were made to provide those family services relevant to the  needs of the family before the removal of the juvenile, taking into  consideration whether or not the juvenile could safely remain at home  while family services were provided;
            (C)  Why efforts made to provide the family services described did not prevent the removal of the juvenile; and
            (D)  Whether  efforts made to prevent the removal of the juvenile were reasonable,  based upon the needs of the family and the juvenile.
(c)  When  the state agency's first contact with the family has occurred during an  emergency in which the juvenile could not safely remain at home, even  with reasonable services being provided, the responsible state agency  shall be deemed to have made reasonable efforts to prevent or eliminate  the need for removal.
(d)  When the  court finds that the department's preventive or reunification efforts  have not been reasonable, but further preventive or reunification  efforts could not permit the juvenile to remain safely at home, the  court may authorize or continue the removal of the juvenile but shall  note the failure by the department in the record of the case.
(e)    (1)  In  all instances of removal of a juvenile from the home of his or her  parent, guardian, or custodian by a court, the court shall set forth in a  written order:
            (A)  The evidence supporting the decision to remove;
            (B)  The facts regarding the need for removal; and
            (C)  The findings required by this section.
      (2)  The  written findings and order shall be filed by the court or by a party or  party's attorney as designated by the court within thirty (30) days of  the date of the hearing at which removal is ordered or prior to the next  hearing, whichever is sooner.
(f)  Within  one (1) year from the date of removal of the juvenile and annually  thereafter, the court shall determine whether the department has made  reasonable efforts to obtain permanency for the juvenile.