(a) The Department of Human Services shall receive such children as may be committed to it by the District Court or the Superior Court, or upon application from parents or guardians; shall determine the type of care and placement needed by the individual child; and shall provide such care and placement, as facilities are available, including placement in the training schools or in boarding or foster homes. For the purposes of this section, a child is a person less than 18 years of age.
(b) The Commissioner of Human Services, with the advice of the Board of Social Welfare and the approval of the Governor, is authorized to establish a schedule of fees for payment for foster care of children. The fees shall cover as nearly as possible the per capita cost of care based upon the need of the individual child; Provided, That a minimum of $40 per month, per child, is hereby established. The schedule of fees may be revised from time to time whenever changes in the cost of living may so warrant. Such schedule of fees or changes shall become effective if not disapproved by the Legislature within 30 days after the Legislature shall have received same, while in regular or special session.
(c) The Commissioner shall require the payment of the cost of the maintenance of children in the training schools provided for by section 102 of this title in an amount based on the annual per capita cost of such care and the fee paid by the Department of Human Services for the foster care of children, in instances where the parents or relatives responsible by law for their support are financially able to make such payment; provided, that the amount of payment required shall be reduced, if necessary, to an amount within the ability of the parent or the responsible relative to pay. Payments received from parents for the foster care of children shall be deposited in the Foster Care of Children Fund, established by section 3029 of Title 33, from which payments for the foster care of children shall be made to foster parents.