Title 15, Chapter 11, Section 55
( 15-11-55)
(a) If the child is found to be a deprived child, the court may make
any of the following orders of disposition best suited to the
protection and physical, mental, and moral welfare of the child: (1) Permit the child to remain with his or her parents, guardian,
or other custodian, including a putative father, subject to
conditions and limitations as the court prescribes, including
supervision as directed by the court for the protection of the
child; (2) Subject to conditions and limitations as the court prescribes,
transfer temporary legal custody to any of the persons or entities
described in this paragraph. Without limiting the generality of
the foregoing, such conditions and limitations shall include a
provision that the court shall approve or direct the retransfer of
the physical custody of the child back to the parents, guardian,
or other custodian either upon the occurrence of specified
circumstances or in the discretion of the court. Any such
retransfer of physical custody may be made subject to such further
conditions and limitations as the court prescribes, including
supervision for the protection of the child. The persons or
entities to whom or which temporary legal custody may be
transferred shall include the following: (A) Any individual including a putative father who, after study
by the probation officer or other person or agency designated by
the court, is found by the court to be qualified to receive and
care for the child; (B) An agency or other private organization licensed or
otherwise authorized by law to receive and provide care for the
child; (C) Any public agency authorized by law to receive and provide
care for the child; or (D) An individual in another state with or without supervision by an appropriate officer under Code Section 15-11-89; or (3) Without making any of the orders specified in paragraphs (1) and (2) of this subsection, transfer custody of the child to the court of another state exercising jurisdiction over children if authorized by and in accordance with Code Section 15-11-87 if the child is or is about to become a resident of that state. (b) Unless a child found to be deprived is found also to be
delinquent, such child shall not be committed to or confined in an
institution or other facility designed or operated for the benefit
of delinquent children. (c) Notwithstanding any other provision of law, the court after
transferring temporary legal custody of a child to the Division of
Family and Children Services within the Department of Human
Resources may at any time conduct sua sponte a judicial review of
the current placement plan being provided to said child. After its
review the court may order the division to comply with the current
placement plan, order the division to devise a new placement plan
within available division resources, or make any other order
relative to placement or custody outside the Department of Human
Resources as the court finds to be in the best interest of the
child. Placement or a change of custody by the court outside the
Department of Human Resources shall relieve the department of
further responsibility for the child so placed. (d) A juvenile court shall not be required to make an order of
disposition pursuant to this Code section regarding a child who is
discharged from a facility in which the child was hospitalized or
habilitated pursuant to Chapter 3, 4, or 7 of Title 37 unless the
child is to be discharged into the physical custody of any person
who had such custody when the court made its most recent finding
that such child was deprived. (e) If a child is found to be a deprived child and the deprivation is found to have been the result of alcohol or other drug abuse, as specified in subsection (f) of Code Section 15-11-41, and the court orders transfer of temporary legal custody of the child, as provided in paragraph (2) of subsection (a) of this Code section, the court is authorized to further order that legal custody of the child may not be transferred back to the person having custody of the child when the deprivation occurred unless such person undergoes substance abuse treatment and random substance abuse screenings and those screenings remain negative for a period of no less than six consecutive months. |