78A-6-307.5 - Post-shelter hearing placement of a child who is in division custody.
78A-6-307.5. Post-shelter hearing placement of a child who is in division custody.
(1) If the court awards custody of a child to the division under Section 78A-6-307, or asotherwise permitted by law, the division shall determine ongoing placement of the child.
(2) In placing a child under Subsection (1), the division:
(a) except as provided in Subsections (2)(b) and (d), shall comply with the applicablebackground check provisions described in Section 78A-6-307;
(b) is not required to receive approval from the court prior to making the placement;
(c) shall, within three days, excluding weekends and holidays, after making theplacement, give written notice to the court, and all parties to the proceedings, that the placementhas been made; and
(d) may place the child with a noncustodial parent or relative of the child, using the samecriteria established for an emergency placement under Section 62A-4a-209, pending the resultsof:
(i) the background check described in Subsection 78A-6-307(16)(a); and
(ii) evaluation with the noncustodial parent or relative to determine the noncustodialparent's or relative's capacity to provide ongoing care to the child.
Enacted by Chapter 17, 2008 General Session