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29-2-100
Section 29-2-100 Definitions. The following words shall have the following meanings: (1) CHILDREN
IN STATE CARE. A child who is described by any of the following circumstances: a. The child's
foster care placement is primarily the financial responsibility of the state. b. The child
is under the legal or physical custody of a state agency, including, but not limited to, the
Department of Human Resources, the Department of Mental Health, and the Department of Youth
Services. c. The Department of Human Resources, the Department of Mental Health, the Department
of Youth Services, or any other agency is providing out of home services to the child. d.
Children not included under this definition are children whose care is furnished by a child
care center, group day care home, or family day care home. (2) COMMITTEE. The Permanent Joint
Legislative Oversight Committee of Children in State Care. (3) COUNCIL. Interdepartmental
Coordination Council on Children in State Care. (Act 98-612, p. 1347,...
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38-12-4
Section 38-12-4 Individualized service plan. (a) The department shall determine whether the
person is able to care effectively for the foster child by the following methods: (1) Reviewing
personal and professional references. (2) Observing during a home visit of the kinship foster
parent with household members. (3) Interviewing the kinship foster parent. (b) The department
and the kinship foster parent shall develop an individualized service plan for the foster
care of the child. The plan shall be periodically reviewed and updated. If the plan includes
the use of an approved daycare center or family daycare home, the department shall pay for
child care arrangements, according to established rates. (c) The kinship foster parent shall
cooperate with any activities specified in the individualized service plan for the foster
child, such as counseling, therapy, court sessions, or visits with the foster child's parents
or other family members. (d) Whether appointed kinship guardian by the...
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26-15-2
Section 26-15-2 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) CHEMICAL SUBSTANCE. A substance intended to be used as a precursor in the manufacture
of a controlled substance, or any other chemical intended to be used in the manufacture of
a controlled substance. Intent under this subdivision may be demonstrated by the substance's
use, quantity, manner of storage, or proximity to other precursors, or to manufacturing equipment.
(2) CONTROLLED SUBSTANCE. Controlled substance as defined in subdivision (4) of Section 20-2-2.
(3) DRUG PARAPHERNALIA. Drug paraphernalia as defined in Section 13A-12-260. (4) RESPONSIBLE
PERSON. A child's natural parent, stepparent, adoptive parent, legal guardian, custodian,
or any other person who has the permanent or temporary care or custody or responsibility for
the supervision of a child. (5) SERIOUS PHYSICAL INJURY. Serious physical injury as defined
in Section 13A-1-2. (Acts 1977, No. 502, p. 658, ยง2;...
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38-12-35
Section 38-12-35 Subsidies - Amount. The amount of a kinship guardianship subsidy shall be
determined according to this section and as provided by rules of the department. The subsidy
may be paid monthly and the monthly amount may not exceed the monthly foster care maintenance
board payment for the child if the child were to remain in the care or custody of the department,
without regard to the sources of the funds. No foster care maintenance board payment and kinship
subsidy payment shall be paid for the same child for the same period of time. The kinship
guardianship subsidy may only be provided for an eligible child. Subject to rules adopted
by the department, the subsidy may include up to the federally established amount for nonrecurring
expenses, including attorney's fees, incurred by the kinship guardian or successor guardian
to complete the kinship guardianship or successor guardianship in court. Subsidy payments
are subject to the availability of funds and the allocation of...
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16-28-3.1
Section 16-28-3.1 Guidelines and procedures for withdrawal from school; dropout prevention
program. (a) A child over the age of 17 may withdraw from public school prior to graduation
if both of the following circumstances exist: (1) Written consent is granted by the child's
parent or legal guardian. (2) An exit interview is conducted where the student and the student's
parent or legal guardian have been advised that withdrawal from school shall likely reduce
the student's future earning potential and increase the student's likelihood of being unemployed
in the future. During the exit interview, the student who is withdrawing from school shall
be given information that has been prepared and supplied by the State Department of Education
regarding the detrimental impacts and effects of early withdrawal from school along with any
available training and employment opportunity programs, provided such information is available.
(b) The State Department of Education shall work with local public...
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12-15-407
Section 12-15-407 Probable cause hearings for temporary confinement of the minor or child.
(a) If the juvenile court finds it necessary to temporarily confine or restrain the minor
or child, pending final hearing upon a petition for mental commitment of the minor or child
in the custody of any person, department, or agency other than his or her parent, legal guardian,
or legal custodian, the juvenile court at the time the confinement is ordered shall set the
matter for a hearing within seven days to determine if probable cause exists that the minor
or child should be committed. At the probable cause hearing, the juvenile court shall determine
if it is necessary to continue the restraint or confinement pending the final hearing. (b)
Upon a finding of probable cause that the minor or child should be committed, the juvenile
court shall enter an order so stating and setting the date, time, and place of the hearing
on the merits of the petition. (c) The final hearing shall be held on the...
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26-14-6
Section 26-14-6 Temporary protective custody. A police officer, a law enforcement official,
or a designated employee of the State or County Department of Human Resources may take a child
into protective custody, or any person in charge of a hospital or similar institution or any
physician treating a child may keep that child in his or her custody, without the consent
of the parent or guardian, whether or not additional medical treatment is required, if the
circumstances or conditions of the child are such that continuing in his or her place of residence
or in the care and custody of the parent, guardian, custodian, or other person responsible
for the child's care presents an imminent danger to that child's life or health. However,
such official shall immediately notify the court having jurisdiction over juveniles of such
actions in taking the child into protective custody; provided, that such custody shall not
exceed 72 hours and that a court of competent jurisdiction and the...
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27-21B-10
Section 27-21B-10 Enforcement of health care coverage for certain employers. (a) In any case
in which a noncustodial parent is required by a court or administrative order to provide health
care coverage for such child and the employer of the noncustodial parent is known to the Department
of Human Resources, the department shall use the federally required medical support notice
to provide notice to the employer of the requirement for employer-based health care coverage
for the child through the parent of the child who has been ordered to provide health care
coverage for the child unless a court or administrative order stipulates that alternative
health care coverage to employer-based coverage is to be provided for a child subject to a
Title IV-D child support order. In the case of an employer entered in the directory of new
hires pursuant to Section 25-11-5, the department shall send the federal medical support notice
to any employer of a noncustodial parent subject to the order within...
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38-12A-2
Section 38-12A-2 Enumeration of rights. The Department of Human Resources shall ensure that
each foster parent shall have all of the following rights: (1) The right to be treated with
dignity, respect, trust, value, and consideration as a primary provider of foster care and
a member of the professional team caring for foster children. (2) The right to receive information
concerning the rights enumerated in this section. (3) The right to a concise written explanation
of their role as foster parents in partnership with children and their families, the department,
and other providers, the role of the department, and the rights and role of the members of
the birth family of a child in foster care. (4) The right to training and support for the
purpose of improving skills in providing daily care and meeting the needs of the child in
foster care. (5) The right to training, consultation, and assistance in evaluating, identifying,
and accessing services to meet their needs related to their role...
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38-7-13
Section 38-7-13 Records to be kept by child-care facility; use and disclosure of information.
Every child-care facility shall keep and maintain such records as the department may prescribe
pertaining to the admission, progress, health and discharge of children under the care of
the facility. Records regarding children and facts learned about children and their relatives
shall be kept confidential by the child-care facility and by the department. The department
is authorized to promulgate rules and regulations governing the custody, use and disclosure
of information in such records. Any person who has arrived at the age of 19 and who was placed
by the department or by a licensed child-placing agency shall have the right to receive from
the department or from the licensed child-placing agency information concerning his placement;
except, that the name and address of a natural parent or relative shall be given by the department
or the licensed child-placing agency only with the consent of...
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