§ 40-11-12 - Award of custody.
SECTION 40-11-12
§ 40-11-12 Award of custody. – (a) If the court shall find that a child is abused or neglected within themeaning of this chapter, the court shall by decree duly enter process asfollows.
(b) Place the child under the supervision of the departmentin his or her own home if the court makes a determination that the child willbe safely maintained in the home or award the care, custody, and control of thechild to the department upon such terms as the court shall determine. The courtmay place the custody of the child in the department until such time as itfinds that the child may be returned to the parents or other person previouslyhaving custody or care of the child under circumstances consistent with thechild's safety.
(c) The court may require the parent or person previouslyhaving custody to undertake a program of counseling, including psychiatricevaluation and/or treatment as a prerequisite to the return of the child to hisor her custody.
(d) When a child has been placed in the care, custody andcontrol of the department pursuant to the provisions of this chapter or ofchapter 1 of title 14, the court shall have the power to appoint a guardian ofthe person of the child.
(e) No petition for guardianship shall be granted unless itcontains the written consent of the parent or parents previously having custodyof the child and of the department of children, youth, and families.
(f) The entry of a decree of guardianship pursuant to thissection shall terminate the award of custody to the department and theinvolvement of the department with the child and the child's parents. The courtmay revoke a guardianship awarded pursuant to this section if the court finds,after a hearing on a motion for revocation, that continuation of saidguardianship is not in the best interests of the child.
(g) Notice of any hearing on such motion shall be provided bythe moving party to the department of children, youth, and families, the courtappointed special advocate, the parent or guardian and any and all otherinterested parties.