16-1619A. PLACEMENT OF A CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM. (1) Where legal custody of a child is vested in the department, and the department places the child in a qualified residential treatment program, the department shall file a notice of the placement with the court within seven (7) days of the placement. The notice shall identify the placement and the date of the placement.
(2) Within thirty (30) days of the date of placement, a qualified individual shall conduct a placement assessment and prepare a written assessment report. The qualified individual shall:
(a) Assess the strengths and needs of the child using an age-appropriate, evidence-based, validated, and functional assessment tool;
(b) Determine whether the needs of the child can be met with family members or through placement in a foster family home or, if not, the specialized setting that will provide the most effective and appropriate level of care for the child in the least restrictive environment and be consistent with the short-term and long-term goals for the child, as set forth in the case plan or permanency plan currently in effect;
(c) Develop a list of child-specific short-term and long-term mental and behavioral health goals;
(d) Work in conjunction with the family of, and the permanency team for, the child while conducting the assessment; and
(e) Prepare an assessment specifying:
(i) Why the needs of the child cannot be met by the family of the child or in a foster home; and
(ii) Why the recommended placement in a qualified residential treatment program is the setting that will provide the most effective and appropriate level of care in the least restrictive environment and how that placement is consistent with the short-term and long-term goals for the child, as set forth in the case plan or the permanency plan currently in effect.
(3) The department shall prepare a written case plan for the child or amend the case plan if it has been previously ordered by the court and shall include the assessment report of the qualified individual.
(4) Within sixty (60) days of the start of each placement in a qualified residential treatment program, the court shall:
(a) Consider the assessment, determination, and documentation made by the qualified individual;
(b) Determine whether the needs of the child can be met through placement in a foster family home or, if not, whether placement in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment and whether that placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan for the child; and
(c) Approve or disapprove the placement.
(5) The assessment by the qualified individual and the court’s determination to approve or disapprove the placement in a qualified residential treatment program shall be made part of the case plan for the child. If the court approves the placement in a qualified residential treatment program, the court shall order the amended case plan for the child.
History:
[16-1619A, added 2021, ch. 281, sec. 4, p. 843.]