Section 9-27-328 - Removal of juvenile(a) Before a circuit court may order any dependent-neglected juvenile or family in need of services juvenile removed from the custody of his or her parent, guardian, or custodian and placed with the Department of Human Services or other licensed agency responsible for the care of juveniles or with a relative or other individual, the court shall order family services appropriate to prevent removal unless the health and safety of the juvenile warrant immediate removal for the protection of the juvenile.(b) When the court orders a dependent-neglected or family in need of services juvenile removed from the custody of a parent, guardian, or custodian and placed in the custody of the department or other licensed agency responsible for the care of juveniles or with a relative or other individual, the court shall make these specific findings in the order:(1) In the initial order of removal, the court must find:(A) Whether it is contrary to the welfare of the juvenile to remain at home;(B) Whether the removal and the reasons for the removal of the juvenile is necessary to protect the health and safety of the juvenile; and(C) Whether the removal is in the best interest of the juvenile; and(2) Within sixty (60) days of removal, the court must find:(A) Which family services were made available to the family before the removal of the juvenile;(B) What efforts were made to provide those family services relevant to the needs of the family before the removal of the juvenile, taking into consideration whether or not the juvenile could safely remain at home while family services were provided;(C) Why efforts made to provide the family services described did not prevent the removal of the juvenile; and(D) Whether efforts made to prevent the removal of the juvenile were reasonable, based upon the needs of the family and the juvenile.(c) When the state agency's first contact with the family has occurred during an emergency in which the juvenile could not safely remain at home, even with reasonable services being provided, the responsible state agency shall be deemed to have made reasonable efforts to prevent or eliminate the need for removal.(d) When the court finds that the department's preventive or reunification efforts have not been reasonable, but further preventive or reunification efforts could not permit the juvenile to remain safely at home, the court may authorize or continue the removal of the juvenile but shall note the failure by the department in the record of the case.(e)(1) In all instances of removal of a juvenile from the home of his or her parent, guardian, or custodian by a court, the court shall set forth in a written order:(A) The evidence supporting the decision to remove;(B) The facts regarding the need for removal; and(C) The findings required by this section.(2) The written findings and order shall be filed by the court or by a party or party's attorney as designated by the court within thirty (30) days of the date of the hearing at which removal is ordered or prior to the next hearing, whichever is sooner.(f) Within one (1) year from the date of removal of the juvenile and annually thereafter, the court shall determine whether the department has made reasonable efforts to obtain permanency for the juvenile.(g)(1) If the court transfers custody of a child to the department, the court shall issue an order containing the following determinations regarding the educational issues of the child and whether the parent or guardian of the child may: (A) Have access to the child's school records;(B) Obtain information on the current placement of the child, including the name and address of the child's foster parent or provider, if the parent or guardian has access to the child's school records; and(C) Participate in school conferences or similar activities at the child's school.(2) If the court transfers custody of a child to the department, the court may appoint an individual to consent to an initial evaluation of the child and serve as the child's surrogate parent under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as it existed on February 1, 2007.Amended by Act 2013, No. 1055,§ 10, eff. 8/16/2013Acts 1989, No. 273, § 27; 1995, No. 533, § 8; 1995, No. 1337, §§ 3, 4; 1997, No. 1227, § 6; 1999, No. 401, § 7; 1999, No. 1340, § 14; 2001, No. 1503, § 7; 2003, No. 1166, § 15; 2003, No. 1319, § 16; 2007, No. 587, § 15