9-27-332. Disposition — Family in need of services — Generally.

9-27-332. Disposition — Family in need of services — Generally. (a) If a family is found to be in need of services, the circuit court may enter an order making any of the following dispositions: (1)(A) To order family services to rehabilitate the juvenile and his or her family. (B)(i) If the Department of Human Services is the provider for family services, the family services shall be limited to those services available by the Department of Human Services' community-based providers or contractors, excluding the contractors with the Division of Children and Family Services of the Department of Human Services and services of the Department of Human Services for which the family applies and is determined eligible. (ii) To prevent removal when the Department of Human Services is the provider for family services, the court shall make written findings outlining how each service is intended to prevent removal; (2)(A) If it is in the best interest of the juvenile, transfer custody of juvenile family members to another licensed agency responsible for the care of juveniles or to a relative or other individual. (B) If it is in the best interest of the juvenile and because of acts or omissions by the parent, guardian, or custodian, removal is necessary to protect the juvenile's health and safety, transfer custody to the Department of Human Services. (C) A juvenile in the custody of the Department of Human Services is “awaiting foster care placement”, as that term is used in the definition of “homeless children and youths” in the McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11434a(2), if the juvenile: (i) Is placed in a shelter, facility, or other short-term placement with a plan of moving the juvenile within ninety (90) days; (ii) Is transferred to an emergency placement to protect the juvenile's health or welfare; (iii) Is placed in a provisional foster home as defined by § 9-28-402; (iv) Has experienced three (3) or more placements within a twelve-month period; or (v) Is placed in a regular foster home or other placement that is not directly related to the permanency goal identified in the case plan required under § 9-28-111; (3)(A) Order that the parent, both parents, or the guardian of the juvenile attend a court-ordered parental responsibility training program, if available. (B) The court may make reasonable orders requiring proof of completion of such a training program within a certain time period and payment of a fee covering the cost of the training program; (4) Place the juvenile on residential detention with electronic monitoring in the juvenile's home; (5) Order the juvenile, his or her parent, both parents, or guardian to perform court-approved volunteer service in the community designed to contribute to the rehabilitation of the juvenile or the ability of the parent or guardian to provide proper parental care and supervision of the juvenile, not to exceed one hundred sixty (160) hours; (6)(A) Place the juvenile on supervision terms, including without limitation requiring the juvenile to attend school or make satisfactory progress toward attaining a high school equivalency diploma approved by the Adult Education Section of the Division of Workforce Services of the Department of Commerce, requiring the juvenile to observe a curfew, and prohibiting the juvenile from possessing or using any alcohol or illegal drugs. (B) The supervision terms shall be in writing. (C) The supervision terms shall be given to the juvenile and explained to the juvenile and to his or her parent, guardian, or custodian by the juvenile intake or probation officer in a conference immediately following the disposition hearing; (7)(A) Order a fine not to exceed five hundred dollars ($500) to be paid by the juvenile, a parent, both parents, a guardian, or a custodian when the juvenile exceeds the number of excessive unexcused absences provided in the student attendance policy of the district or the Career Education and Workforce Development Board. (B) The purpose of the penalty set forth in this section is to impress upon the parents, guardians, or persons in loco parentis the importance of school or adult education attendance, and the penalty is not to be used primarily as a source of revenue. (C)(i) In all cases in which a fine is ordered, the court shall determine the parent's, guardian's, or custodian's ability to pay for the fine. (ii) In making its determination, the court shall consider the following factors: (a) The financial ability of the parent, both parents, the guardian, or the custodian to pay for such services; (b) The past efforts of the parent, both parents, the guardian, or the custodian to correct the conditions that resulted in the need for family services; and (c) Any other factors that the court deems relevant. (D) When practicable and appropriate, the court may utilize mandatory attendance to such programs as well as community service requirements in lieu of a fine; (8) Assess a court cost of no more than thirty-five dollars ($35.00) to be paid by the juvenile, his or her parent, both parents, the guardian, or the custodian; and (9) Order a juvenile service fee not to exceed twenty dollars ($20.00) a month to be paid by the juvenile, his or her parent, both parents, the guardian, or the custodian. (b) The court may provide that any violation of its orders shall subject the parent, both parents, the juvenile, custodian, or guardian to contempt sanctions.