§ 14-1-11.1. Commitment of voluntary placements. (a) The department of children, youth and families shall petition the family court and request the care, custody, and control of any child who is voluntarily placed with the department for the purpose of foster care by a parent or other person previously having custody and who remains in foster care for a period of twelve (12) months. However, there shall be no requirement for the department to seek custody of any child with an emotional, behavioral or mental disorder or developmental or physical disability if the child is voluntarily placed with the department by a parent or guardian of the child for the purpose of accessing an out-of-home program for the child in a program which provides services for children with disabilities, including, but not limited to, residential treatment programs, residential counseling centers, and therapeutic foster care programs.

(b) In a hearing on a petition alleging that a child is dependent, competent and creditable evidence that the child has remained in foster care for a period of twelve (12) months shall constitute prima facie evidence sufficient to support the finding by the court that the child is "dependent" in accordance with § 14-1-3.

(c) In those cases where a young adult who meets the eligibility criteria in § 14-1-6(c) wishes to continue in foster care after age eighteen (18), the young adult and an authorized representative of DCYF shall, before the youth reaches age eighteen (18), discuss the terms of a voluntary placement agreement for extension of care to be executed upon or after the young adult's eighteenth birthday.

(d) In those cases where a young adult who meets the eligibility criteria in § 14-1-6(c) exits foster care at or after age eighteen (18), but wishes to return to foster care before age twenty-one (21), DCYF shall file a petition for legal supervision of the young adult, with a voluntary placement agreement for extension of care, executed by the young adult and an authorized representative of DCYF attached.

History of Section. (P.L. 1979, ch. 190, § 1; P.L. 1996, ch. 149, § 1; P.L. 1996, ch. 196, § 1; P.L. 2018, ch. 47, art. 15, § 1.)