(1) If the juvenile court awards temporary custody of a child to the division under Section 80-3-302, or as otherwise permitted by law, the division shall determine ongoing placement of the child. (2) In placing a child under Subsection (1), the division: (a) except as provided in Subsections (2)(b) and (e), shall comply with the applicable background check provisions described in Section 80-3-302; (b) is not required to receive approval from the juvenile court before making the placement; (c) shall consider the preferential consideration and rebuttable presumption described in Subsection 80-3-302(7)(a); (d) shall, within three days, excluding weekends and holidays, after the day on which the placement is made, give written notice to the juvenile court, and the parties to the proceedings, that the placement has been made; (e) may place the child with a noncustodial parent, relative, or friend, using the same criteria established for an emergency placement under Section 80-2a-301, pending the results of: (i) the background check described in Subsection 80-3-302(13)(a); and (ii) evaluation with the noncustodial parent, relative, or friend to determine the individual's capacity to provide ongoing care to the child; and (f) shall take into consideration the will of the child, if the child is of sufficient maturity to articulate the child's wishes in relation to the child's placement. (3) If the division's placement decision differs from a child's express wishes and the child is of sufficient maturity to state the child's wishes in relation to the child's placement, the division shall: (a) make written findings explaining why the division's decision differs from the child's wishes; and (b) provide the written findings to the juvenile court and the child's attorney guardian ad litem. (4) (a) An objection by a party to a placement determination or an actual placement with a parent, relative, or friend that such placement is contrary to the best interest of the child shall be filed with the juvenile court. (b) An objection described in Subsection (4)(a) shall be resolved by the juvenile court: (i) for an objection to a placement determination or actual placement with a parent, within 15 days of the filing; or (ii) for an objection to a placement determination or actual placement with a relative or friend, within 30 days of the filing. (5) (a) If, for a relative placement, an interstate placement requested under the Interstate Compact on the Placement of Children has been initiated by the division or is ordered by or pending before the juvenile court, the court may not finalize a non-relative placement unless the court gives due weight to: (i) the preferential consideration granted to a relative in Section 80-3-302; (ii) the rebuttable presumption in Section 80-3-302; and (iii) the division's placement authority under Subsections 80-1-102(52) and 80-3-303(1). (b) Nothing in this section affects the ability of a foster parent to petition the juvenile court under Subsection 80-3-502(3).
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