A. In determining placement of a deprived child in foster care:
- 1. The Department of Human Services or the court, if the court does not place the child with the Department of Human Services, and any child-placing agency shall be governed by the best interests of the child; and
- 2. Such child may express a preference as to placement. The Department of Human Services, the court, or the child-placing agency shall determine whether the best interests of the child will be served by the child's preference. The Department of Human Services, the court, or the child-placing agency shall not be bound by the child's preference and may consider other facts in determining the placement.
B. In determining placement of a delinquent child or a child in need of supervision in foster care:
- 1. The Department of Juvenile Justice or the court, if the court does not place custody of the child with the Department of Juvenile Justice, and a child-placing agency shall be governed by the best interests of the child consistent with the state's interest in the protection of the public; and
- 2. Such child may express a preference as to placement. The Department of Juvenile justice, the court, or the child-placing agency shall determine whether the best interests of the child, consistent with the state's interest in the protection of the public, will be served by the child's preference. The state agency, the court, or the child-placing agency shall not be bound by the child's preference and may consider other facts in determining the placement.
- C. If a deprived child, a delinquent child or child in need of supervision expresses a preference, the preference may be given with or without the parents, foster parents, guardians, or any other parties being present.
Added by Laws 1996, HB 2960, c. 353, § 7, eff. November 1, 1996.