The court may sustain the petition. It should order a placement that most appropriately meets the needs of the child, family and community. The placement must be for a set period.

In ordering an appropriate placement, the court should consider DHS’ evaluation for placement. If the court does not follow DHS’ recommendation, it must make specific findings of fact. Also it must document the monthly cost difference and send the Chief Justice a copy of the order. The court may not order an out-of-state placement if DHS recommends an appropriate in-state facility that will accept the child. The court has a responsibility to place the child in the most appropriate setting. If the recommended placement is not appropriate, the court can order DHS to explore other options.

For an Indian child, the court must follow tribal placement preferences. Under the Indian Child Welfare Act, preference for foster care placement must be given, in the absence of good cause to the contrary, to:

• Extended family members;
• Foster homes approved by the tribes;
• Licensed Indian foster homes;
• Indian-approved institutions.