1. (a) Prior to authorizing the placement of a child entrusted to the control of the department of children, youth, and families and in an out-of-state child caring facility, other than the home of a relative, the department shall petition the family court for a placement hearing. The family court shall grant approval for the placement if the following facts are found:

   1. (1) That no suitable in-state facilities are available for the placement of the child;
   2. (2) That the child will receive an individualized treatment plan, including, but not limited to, appropriate clinical treatment, education, training, and rehabilitation; and
   3. (3) That the proposed placement is in the best interest of the child.
2. (b) This section shall not apply when the proposed placement is less than thirty-five (35) miles from the home of the parent previously having custody of the child.

History of Section.
P.L. 1981, ch. 84, § 1; P.L. 1984, ch. 74, § 1.