26-7A-19 Options of court following temporary custody hearing for abused or neglected child.
Options of court following temporary custody hearing for abused or neglected
If the child is an apparent, alleged, or adjudicated abused or neglected child, after the
temporary custody hearing the court may:
Order the release of the child from temporary custody, either with or without restriction
or condition or upon written promise of the child's parents, guardian, or custodian
regarding the care and protection of the child; or
Continue the temporary custody of the child under the terms and conditions for duration
and placement that the court requires, including placement of temporary custody of the
child with the Department of Social Services, in foster care or shelter. The court and the
Department of Social Services shall give placement preference to a relative or custodian
who is available and who has been determined by the department to be qualified, provided
that placement with the relative or custodian is in the best interest of the child. If
temporary custody of the child is continued by the court, the court may provide for
visitation of the child by the child's parents, guardian, custodian, or family members in
keeping with the best interests of the child. If the child is in temporary custody of the
Department of Social Services and has not been adjudicated as an abused or neglected
child, the court shall review the child's temporary custody placement at least once every
As used in this section, the term, relative, means an adult who is related to the child by blood,
adoption, or marriage, and who is the child's grandparent, aunt, uncle, sibling, brother-in-law, sister-in-law, niece, nephew, great grandparent, great uncle, great aunt, first cousin, second cousin,
stepparent, or stepsibling.
As used in this section, the term, custodian, means an adult who is the biological parent, adoptive
parent, or guardian of the child's sibling or half-sibling.
Source: SL 1991, ch 217, § 22A; SL 2005, ch 140, § 1.