1. (a) Either parent, a guardian, a relative, or the department of child services applying for the admission of a child to the home shall, in securing admittance of the child, place the child in the home for the length of time determined to be in the best interests of the child.

2. (b) A child shall be returned at any time to the:

   1. (1) parent or parents;
   2. (2) relative; or

   3. (3) department of child services that placed the child in the home;

      if removal of the child from the home is applied for upon written application. The superintendent may require not more than thirty (30) days notice when a discharge is requested.

3. (c) If the superintendent finds that a child does not adjust to institutional living or is not educable, the superintendent:

   1. (1) may:

      1. (A) with the approval of the state health commissioner; and

      2. (B) upon proper notification;

         discharge the child to the applicant placing the child in the home; and

   2. (2) shall cooperate with the department of child services for further disposition of the case as necessary.

      [Pre-1993 Recodification Citation: 16-6.5-5-14.]

As added by P.L.2-1993, SEC.16. Amended by P.L.4-1993, SEC.239; P.L.5-1993, SEC.252; P.L.142-1995, SEC.20; P.L.146-2008, SEC.439.