R512-500-4. Preferences for Placement

  (1) The following order of preference shall be used when determining the placement of a child in the custody of Child and Family Services, and is subject to the child's best interest:

  (a) A non-custodial parent of the child in accordance with Section 78A-6-307;

  (b) A relative of the child, including the adoptive parent of the child's sibling;

  (c) A friend who is a licensed foster parent, designated by the custodial parent or guardian of the child;

  (d) A friend not licensed as a foster parent, designated by the custodial parent or guardian of the child, who is willing to become licensed within six months of the child being placed with them;

  (e) A former out-of-home care placement; and

  (f) A shelter facility or other out-of-home care placement designated by Child and Family Services.

  (2) Preferential consideration given in accordance with Section 78A-6-307 to kinship caregivers or friends who are licensed or who become licensed expires 120 days from the date of the shelter hearing. After that time period has expired, a relative or friend who has not obtained custody or asserted an interest in the child may not be granted preferential consideration by Child and Family Services or the court. Prospective kinship caregivers or friends may be considered for placement after the 120 days has lapsed, if it is in the best interest of the child.

  (3) A potential caregiver who meets the definition of friend and who is not a licensed foster parent must be designated by the custodial parent or guardian to provide care for the child. The friend must be willing to become a licensed foster parent, must be actively engaged in the process of becoming a licensed foster parent within 60 days of the child being placed with them, and must complete all requirements of the Department of Human Services, Office of Licensing to obtain a child-specific foster care license within six months of a child being placed with them in order for a child in the custody of Child and Family Services to be placed with them and to remain in the friend's care. Furthermore, if the child remains in the custody of Child and Family Services placed in the home of the friend, the friend must comply with all Office of Licensing requirements to receive ongoing licensure as a foster parent prior to the child-specific license expiring, or the child will be removed from the friend's care.