Termination of parental rights or transfer of custody may not be
required; voluntary placement agreements
Sec. 16. (a) The division of family and children may not:
(1) initiate a court proceeding to:
(A) terminate the parental rights concerning; or
(B) transfer legal custody of; or
(2) require a parent, guardian, or custodian to consent to:
(A) the termination of parental rights; or
(B) transfer of legal custody of;
a child with an emotional, a behavioral, or a mental disorder or a
developmental or physical disability who is voluntarily placed out of
the home for the purpose of obtaining special treatment or care,
solely because the parent, guardian, or custodian is unable to provide
the treatment or care. Relinquishment of custody of a child described
in this subsection may not be made a condition for receipt of services
or care delivered or funded by the division of family and children.
(b) When a child described in subsection (a) is voluntarily placed
out of the home to receive special treatment or care, the division of
family and children and the parent, guardian, or custodian of the
child may execute a voluntary placement agreement that includes the
following:
(1) A statement that, by entering into a voluntary placement
agreement, the parent, guardian, or custodian of the child is not
transferring legal custody of the child to the division of family
and children.
(2) A statement specifying the legal status of the child.
(3) A statement specifying the rights and obligations of the
parent, guardian, or custodian.
As added by P.L.282-2001, SEC.3.
Last modified: May 24, 2006