§ 14-1-11.1 - Commitment of voluntary placements.

SECTION 14-1-11.1

   § 14-1-11.1  Commitment of voluntaryplacements. – (a) The department of children, youth, and families shall petition the familycourt and request the care, custody, and control of any child who isvoluntarily placed with the department for the purpose of foster care by aparent or other person previously having custody and who remains in foster carefor a period of twelve (12) months. However, there shall be no requirement forthe department to seek custody of any child with an emotional, behavioral ormental disorder or developmental or physical disability if the child isvoluntarily placed with the department by a parent or guardian of the child forthe purpose of accessing an out-of-home program for the child in a programwhich provides services for children with disabilities, including, but notlimited to, residential treatment programs, residential counseling centers, andtherapeutic foster care programs.

   (b) In a hearing on a petition alleging that a child isdependent, competent and creditable evidence that the child has remained infoster care for a period of twelve (12) months shall constitute prima facieevidence sufficient to support the finding by the court that the child is"dependent" in accordance with § 14-1-3.