§ 42-72-14 - Voluntary admissions.
SECTION 42-72-14
§ 42-72-14 Voluntary admissions. –(a) The director may, in his or her discretion, admit to the department on avoluntary basis any child who, in his or her opinion, could benefit from any ofthe services offered in foster care or residential facilities administered byor under contract with, or otherwise available to, the department.
(b) A child voluntarily admitted to the department shall bedeemed to be within the care of the department until terminated. The departmentshall terminate admissions within ten (10) days after receipt of a writtenrequest for termination from a parent or guardian of any child or from thechild unless prior to that time the department has sought and obtained from thefamily court an order of temporary custody as provided by law. The departmentmay terminate the admission of any child after giving reasonable notice, inwriting, to the parent or guardian of any child. Any child admitted voluntarilyto the department may be placed in, or transferred to, any resource facility orinstitution within the department or available to the department; provided,however, that written notice shall be given to the child and the child's parentor other guardian of an intention to make a transfer at least ten (10) daysprior 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 ofvoluntary admission, or termination or transfer of a voluntary admission, theoccurrence shall be reported to the office of the child advocate.
(c) Within one hundred twenty (120) days of admitting a childon a voluntary basis, the department shall petition the family court for adetermination as to whether continuation in care is in the child's bestinterest and, if so, whether there is an appropriate case service plan. Thefamily court shall assume jurisdiction over the case and schedule a hearing onthe matter within sixty (60) days of the filing of the petition. The departmentshall notify the child, his or her parent or other guardian and the office ofthe child advocate of any petition and the time of the scheduled hearing. Inthe case of a child with an emotional, behavioral or mental disorder ordevelopmental or physical disability who is voluntarily placed with thedepartment by a parent or guardian for the purpose of accessing an out-of-homeprogram for the child in a program which provides services for children withdisabilities, including, but not limited to, residential treatment programs,residential counseling centers, and therapeutic foster care programs thepetition 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 thechild.
(d) At the time of admission to the custody of thedepartment, the department shall notify the person liable for the support andmaintenance of the child of the provisions of § 15-9-1.