In determining placement of a deprived child in foster care:
1. The Department of Human Services or the court, if the court does not place the child with the Department, and any child-placing agency shall be governed by the best interests of the child; and
2. The child may express a preference as to placement and the preference may be given with or without the parents, foster parents, guardians, or any other parties being present. The Department, the court, or the child-placing agency shall determine whether the best interests of the child will be served by the child's preference. The Department, the court, or the child-placing agency shall not be bound by the child's preference and may consider other facts in determining the placement.
Added by Laws 1996, c. 353, § 7, eff. Nov. 1, 1996. Amended by Laws 2009, c. 233, § 99, emerg. eff. May 21, 2009. Renumbered from § 7207 of Title 10 by Laws 2009, c. 233, § 283, emerg. eff. May 21, 2009.