If a child has been previously placed in out-of-home care and is subsequently returned to out-of-home care, and the department cannot locate an appropriate and available relative or other suitable person, the preferred placement for the child is in a foster family home where the child previously was placed, if the following conditions are met:

1. (1) The foster family home is available and willing to care for the child;
2. (2) The foster family is appropriate and able to meet the child's needs; and
3. (3) The placement is in the best interest of the child.

[ 2009 c 482 s 2.]