§ 42-72-14. Voluntary admissions. (a) The director may, in his or her discretion, admit to the department on a voluntary basis any child who, in his or her opinion, could benefit from any of the services offered in foster care or residential facilities administered by or under contract with, or otherwise available to, the department.

(b) A child voluntarily admitted to the department shall be deemed to be within the care of the department until terminated. The department shall terminate admissions within ten (10) days after receipt of a written request for termination from a parent or guardian of any child or from the child unless prior to that time the department has sought and obtained from the family court an order of temporary custody as provided by law. The department may terminate the admission of any child after giving reasonable notice, in writing, to the parent or guardian of any child. Any child admitted voluntarily to the department may be placed in, or transferred to, any resource facility or institution within the department or available to the department; provided, however, that written notice shall be given to the child and the child's parent or other guardian of an intention to make a transfer at least ten (10) days prior 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 of voluntary admission, or termination or transfer of a voluntary admission, the occurrence shall be reported to the office of the child advocate.

(c) Within one hundred twenty (120) days of admitting a child on a voluntary basis, the department shall petition the family court for a determination as to whether continuation in care is in the child's best interest and, if so, whether there is an appropriate case service plan. The family court shall assume jurisdiction over the case and schedule a hearing on the matter within sixty (60) days of the filing of the petition. The department shall notify the child, his or her parent or other guardian and the office of the child advocate of any petition and the time of the scheduled hearing. In the case of a child with an emotional, behavioral or mental disorder or developmental or physical disability who is voluntarily placed with the department by a parent or guardian for the purpose of accessing an out-of-home program for the child in a program which provides services for children with disabilities, including, but not limited to, residential treatment programs, residential counseling centers, and therapeutic foster care programs the petition 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 the child.

(d) At the time of admission to the custody of the department, the department shall notify the person liable for the support and maintenance of the child of the provisions of § 15-9-1.

History of Section. (P.L. 1979, ch. 248, § 1; P.L. 1984, ch. 124, § 1; P.L. 1990, ch. 65, art. 38, § 3; P.L. 1996, ch. 149, § 3; P.L. 1996, ch. 196, § 3.)