SEC. 43-21-609. Dispositional alternatives in neglect and abuse cases.
In neglect and abuse cases, the disposition order may include any of the following alternatives, giving precedence in the following sequence:
(a) Release the child without further action;
(b) Place the child in the custody of his parents, a relative or other person subject to any conditions and limitations as the court may prescribe. If the court finds that temporary relative placement, adoption or foster care placement is inappropriate, unavailable or otherwise not in the best interest of the child, durable legal custody may be granted by the court to any person subject to any limitations and conditions the court may prescribe; such durable legal custody will not take effect unless the child or children have been in the physical custody of the proposed durable custodians for at least one (1) year under the supervision of the Department of Human Services. The requirements of Section 43-21-613 as to disposition review hearings does not apply to those matters in which the court has granted durable legal custody. In such cases, the Department of Human Services shall be released from any oversight or monitoring responsibilities. After durable legal custody has been granted, any subsequent proceedings, in which the youth court does not have original jurisdiction, regarding the child shall be in chancery court;
(c) Order terms of treatment calculated to assist the child and the child's parent, guardian or custodian which are within the ability of the parent, guardian or custodian to perform;
(d) Order youth court personnel, the Department of Human Services or child care agencies to assist the child and the child's parent, guardian or custodian to secure social or medical services to provide proper supervision and care of the child;
(e) Give legal custody of the child to any of the following but in no event to any state training school:
(i) The Department of Human Services for appropriate placement; or
(ii) Any private or public organization, preferably community-based, able to assume the education, care and maintenance of the child, which has been found suitable by the court. Prior to assigning the custody of any child to any private institution or agency, the youth court through its designee shall first inspect the physical facilities to determine that they provide a reasonable standard of health and safety for the child.
SOURCES: Laws, 1979, ch. 506, Sec. 67; 1980, ch. 550, Sec. 24,eff from and after July 1, 1980. Laws, 1994, ch. 473, Sec. 3, eff fromand after July 1, 1994; Laws, 1998, ch. 407, Sec. 3, HB 128, eff July 1,1998. Amended by Laws 1999, Ch. 569, Sec. 3, SB2310, eff. from and afterpassage (approved April 21, 1999). Amended by Laws 2000, Ch. ____, Sec. 2, HB1072, eff. ______.
PREVIOUS VERSIONS: Pre-2000