TITLE 40
Human services

CHAPTER 40-11
Abused and Neglected Children

SECTION 40-11-12


§ 40-11-12 Award of custody.

(a) If the court shall find that a child is abused or neglected within the meaning of this chapter, the court shall by decree duly enter process as follows.

(b) Place the child under the supervision of the department in his or her own home if the court makes a determination that the child will be safely maintained in the home or award the care, custody, and control of the child to the department upon such terms as the court shall determine. The court may place the custody of the child in the department until such time as it finds that the child may be returned to the parents or other person previously having custody or care of the child under circumstances consistent with the child's safety.

(c) The court may require the parent or person previously having custody to undertake a program of counseling, including psychiatric evaluation and/or treatment as a prerequisite to the return of the child to his or her custody.

(d) When a child has been placed in the care, custody and control of the department pursuant to the provisions of this chapter or of chapter 1 of title 14, the court shall have the power to appoint a guardian of the person of the child.

(e) No petition for guardianship shall be granted unless it contains the written consent of the parent or parents previously having custody of the child and of the department of children, youth, and families.

(f) The entry of a decree of guardianship pursuant to this section shall terminate the award of custody to the department and the involvement of the department with the child and the child's parents. The court may revoke a guardianship awarded pursuant to this section if the court finds, after a hearing on a motion for revocation, that continuation of said guardianship is not in the best interests of the child.

(g) Notice of any hearing on such motion shall be provided by the moving party to the department of children, youth, and families, the court appointed special advocate, the parent or guardian and any and all other interested parties.

History of Section.
(P.L. 1976, ch. 91, § 2; P.L. 1994, ch. 195, § 1; P.L. 1994, ch. 263, § 1; P.L. 1997, ch. 47, § 1; P.L. 1997, ch. 63, § 1; P.L. 1998, ch. 87, § 3; P.L. 2006, ch. 216, § 23.)