Post-shelter hearing placement of a child in division's temporary custody.

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  • (1) If the juvenile court awards temporary custody of a child to the division under Section 80-3-302, or as otherwise permitted by law, the division shall determine ongoing placement of the child.
  • (2) In placing a child under Subsection (1), the division:
    • (a) except as provided in Subsections (2)(b) and (d), shall comply with the applicable background check provisions described in Section 80-3-302;
    • (b) is not required to receive approval from the juvenile court before making the placement;
    • (c) shall, within three days, excluding weekends and holidays, after the day on which the placement is made, give written notice to the juvenile court, and the parties to the proceedings, that the placement has been made;
    • (d) may place the child with a noncustodial parent, relative, or friend, using the same criteria established for an emergency placement under Section 62A-4a-209, pending the results of:
      • (i) the background check described in Subsection 80-3-302(14)(a); and
      • (ii) evaluation with the noncustodial parent, relative, or friend to determine the individual's capacity to provide ongoing care to the child; and
    • (e) shall take into consideration the will of the child, if the child is of sufficient maturity to articulate the child's wishes in relation to the child's placement.
  • (3) If the division's placement decision differs from a child's express wishes if the child is of sufficient maturity to state the child's wishes in relation to the child's placement, the division shall make findings explaining why the division's decision differs from the child's wishes in a writing provided to the juvenile court and the child's attorney guardian ad litem.




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