9-27-333. Disposition — Family in need of services — Limitations — Definitions.

9-27-333. Disposition — Family in need of services — Limitations — Definitions. (a) At least five (5) working days before ordering the Department of Human Services, excluding community-based providers, to provide or pay for family services, the circuit court shall fax a written notice of intent to the Secretary of the Department of Human Services and to the attorney of the local Office of Chief Counsel of the Department of Human Services. (b) At any hearing in which the department is ordered to provide family services, the court shall provide the department with the opportunity to be heard. (c) Failure to provide at least five (5) working days' notice to the department renders any part of the order pertaining to the department void. (d)(1) For purposes of this section, the court shall not specify a particular provider for placement or family services when the department is the payor or provider. (2)(A) The court may order a child to remain in a placement if the court finds the placement is in the best interest of the child after hearing evidence from all parties. (B) A court may also order a child to be placed into a licensed or approved placement after a hearing where the court makes a finding that it is in the best interest of the child based on bona fide consideration of evidence and recommendations from all the parties. (e)(1) In all cases in which family services are ordered, the court shall determine a parent's, guardian's, or custodian's ability to pay, in whole or in part, for these services. (2) This determination and the evidence supporting it shall be made in writing in the order ordering family services. (3) If the court determines that the parent, guardian, or custodian is able to pay, in whole or part, for the services, the court shall enter a written order setting forth the amount the parent, guardian, or custodian can pay for the family services ordered and ordering the parent, guardian, or custodian to pay the amount periodically to the provider from whom family services are received. (4) For purposes of this subsection: (A) “Parent, guardian, and custodian” means the individual or individuals from whom custody was removed; and (B) “Periodically” means no more than one (1) time per month. (5) 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 the 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 the court deems relevant. (f) Custody of a juvenile may be transferred to a relative or other individual only after a home study of the placement is conducted by the department or a licensed social worker who is approved to do home studies and submitted to the court in writing and the court determines that the placement is in the best interest of the juvenile. (g) Custody of a juvenile shall not be transferred to the department if a delinquency petition or case is converted to a family in need of services petition or case. (h) No court may commit a juvenile found solely in criminal contempt to the Division of Youth Services of the Department of Human Services. (i) For purposes of this section, the court shall not order the department to expend or forward Social Security benefits for which the department is payee.