(1) If the court awards custody of a minor to the division under Section 78A-6-307, or as otherwise permitted by law, the division shall determine ongoing placement of the minor.

(2) In placing a minor under Subsection (1), the division: (a) except as provided in Subsections (2)(b) and (d), shall comply with the applicable background check provisions described in Section 78A-6-307; (b) is not required to receive approval from the court before making the placement; (c) shall, within three days, excluding weekends and holidays, after making the placement, give written notice to the court, and the parties to the proceedings, that the placement has been made; (d) may place the minor with a noncustodial parent, relative, or friend, using the same criteria established for an emergency placement under Section 62A-4a-209, pending the results of: (i) the background check described in Subsection 78A-6-307(16)(a); and (ii) evaluation with the noncustodial parent, relative, or friend to determine the individual's capacity to provide ongoing care to the minor; and (e) shall take into consideration the will of the minor, if the minor is of sufficient maturity to articulate the minor's wishes in relation to the minor's placement.

(a) except as provided in Subsections (2)(b) and (d), shall comply with the applicable background check provisions described in Section 78A-6-307;

(b) is not required to receive approval from the court before making the placement;

(c) shall, within three days, excluding weekends and holidays, after making the placement, give written notice to the court, and the parties to the proceedings, that the placement has been made;

(d) may place the minor with a noncustodial parent, relative, or friend, using the same criteria established for an emergency placement under Section 62A-4a-209, pending the results of: (i) the background check described in Subsection 78A-6-307(16)(a); and (ii) evaluation with the noncustodial parent, relative, or friend to determine the individual's capacity to provide ongoing care to the minor; and

(i) the background check described in Subsection 78A-6-307(16)(a); and

(ii) evaluation with the noncustodial parent, relative, or friend to determine the individual's capacity to provide ongoing care to the minor; and

(e) shall take into consideration the will of the minor, if the minor is of sufficient maturity to articulate the minor's wishes in relation to the minor's placement.

(3) If the division's placement decision differs from a minor's express wishes if the minor is of sufficient maturity to state the wishes in relation to the minor's placement, the division shall make findings explaining why the division's decision differs from the minor's wishes in a writing provided to the court and the minor's guardian ad litem.