8-514.02. Placement of child

A. The department may place a child with a parent, a relative or a person who has a significant relationship with a child.

B. During an emergency situation when a child must be placed, the department shall not place a child with a relative or a person who has a significant relationship with the child unless each adult member of the relative's or person's household consents to both of the following:

1. A preliminary state and federal name-based background check.

2. Within fifteen calendar days from the date the name-based background check is conducted, the submission of a full set of the person's fingerprints to obtain a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544.  The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

C. Except for a placement pursuant to section 8-861, before a child who has been in out-of-home care is placed with a parent, the department shall conduct a background check pursuant to section 41-1750 of all adult household members and all adults who have been identified as having caregiving responsibilities of the child in the home.  The results of this background check shall be considered when making a safety assessment of the placement.

D. The department shall immediately remove a child from a home if any adult household member fails to provide fingerprints as provided in subsection B of this section.  If placement of the child in the home was ordered by the court, the department shall immediately request a change of physical custody from the court.

E. Unless approved in writing by the department, the parent or relative shall not allow the child to:

1. Be placed with any other person.

2. Have any contact with the allegedly abusive or neglectful parent, guardian or custodian or other person designated by the department.

3. Leave this state.

F. If a child is placed with a parent or relative pursuant to this section, the department shall inform the parent or relative about available financial and nonfinancial services and eligibility requirements and shall assist the parent or relative to complete the necessary applications.