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      CHC 908     


Art. 908. Care and treatment by department

            A. Notwithstanding any other provisions of law to the contrary, the Department of Public Safety and Corrections, office of juvenile justice, shall have sole authority over the placement, care, treatment, or any other considerations deemed necessary from the resources that are available for children judicially committed to the department.

            B. When care and treatment are to be provided by the department, either through facilities and programs operated by it or through contractual arrangements or through purchase of service arrangements for which the department provides funding, the child shall be committed to the department rather than to a particular institution or facility.

            C. At least six months prior to the release of the child, the department shall prepare a written, individualized, and thorough transitional plan developed in collaboration with the child and any agency or department assuming his custody, care, or responsibility.

            (1) The plan shall identify the programs, services, and facilities that will be used to assist the child in achieving a successful release from the department's custody.

            (2) A copy of the transitional plan shall be provided to the court, counsel for the child, and the district attorney.

            (3) The transitional plan shall address the needs of the child, including but not limited to education, health, permanent connections, living arrangements, independent living skills, and employment.

            (4) The department shall ensure that all records in its files relevant to securing needed services in the community in which the child will live shall be immediately transmitted to the appropriate service provider.

            D. The court shall not divide legal and physical custody of a child when assigning custody to the department in accordance with this Article or in accordance with any other statute or provision of law.

            Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2012, No. 730, §1; Acts 2016, No. 500, §1.

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