Rule 28 - Petition for Voluntary Placement(a) Submission and Scheduling.(1) A petition for voluntary placement shall be filed within one hundred twenty (120) days of admitting a child into state care on a voluntary basis except in cases where a dependency, neglect, and/or abuse petition is filed as an alternative within the same time frame. The petition may be filed by the Department of Children, Youth, and Families or by any person authorized by law to do so.(2) The court shall schedule a hearing within sixty (60) days of the filing of the petition or on or before the child's 180th day in placement, whichever comes first. The Department of Children, Youth, and Families shall notify the child's parent or other guardian and the Office of the Child Advocate of any petition for voluntary placement filed and the date of the scheduled hearing.(b) Contents of the Petition. The petition shall set forth the following: (1) The name, age, and residence of: (ii) The child's parents;(iii) The child's legal guardian if different than the parents;(iv) The person having custody and control of the child if no parent or guardian can be found; and(v) The nearest known relative, if no parent or guardian can be found.(2) A statement indicating which, if any, of the facts required by subsection (b)(1) are not known;(3) A statement of the facts describing the circumstances of a child in voluntary placement which may be set forth in an affidavit accompanying the petition;(4) The date the voluntary placement agreement was executed; and(5) The action requested by the petitioner.(c) Summons. Upon the filing of a petition for voluntary placement, the court shall issue a summons requiring the parent, guardian, or other person having custody of the child to appear before the court. The summons shall be in the form and served forthwith in accordance with Rule 16.(d) Preliminary Hearing.(1) The court shall: (A) Advise the parent or other person having care of such child of the statements contained in the petition;(B) Appoint the Office of the Child Advocate as guardian ad litem to represent the child;(C) Make a determination as to whether continuation in care is in the child's best interest and, if so, whether the case plan is appropriate to meet the child's needs;(D) Grant the petition upon a determination that the parent or other person having care of such child understands the statements made in the petition;(E) Grant approval for the placement that the child is in, including an out of state placement, if the placement is found to be in the best interest of the child;(F) Make a determination as to the residence of the child for school purposes; and(G) Inquire as to the applicability of and compliance with the mandates of the Indian Child Welfare Act, 25 U.S.C. § 1901, et seq.(2) The court may make any interim order, in the court's discretion, respecting the rights and needs of the child.(e) Permanency Hearing.(1) The court shall schedule and conduct a permanency hearing for each child in voluntary placement within twelve (12) months from the date the child was voluntarily placed in the care of the Department of Children, Youth, and Families.(2) If a child continues to need placement after twelve (12) months in state care, the Department of Children, Youth, and Families shall file a written statement outlining the compelling reasons for continued placement and a case plan at the permanency hearing.(f) Children with Severe Emotional or Developmental Disabilities.For any child with severe emotional or functional developmental disabilities who will continue to require the services of the Department of Children, Youth, and Families beyond the child's eighteenth (18th) birthday, a petition seeking custody shall be filed with the court prior to the child's eighteenth (18th) birthday.
Adopted March 1, 2019, effective 7/1/2019; amended April 30, 2019, effective 11/4/2019; amended November 5, 2019, effective 1/6/2020.