Limitations on transfer to and placement in child care institution of child placed in protective custody who is under 6 years of age; notice; written plan

1. An employee of an agency which provides child welfare services or its designee, an agent or officer of a law enforcement agency, an officer of a local juvenile probation department or the local department of juvenile services or any other person who places a child in protective custody pursuant to this chapter: (a) Except as otherwise provided in subsection 2, shall not transfer a child who is under the age of 6 years to, or place such a child in, a child care institution unless appropriate foster care is not available at the time of placement in the county in which the child resides; and (b) Shall make all reasonable efforts to place siblings in the same location. 2. A child under the age of 6 years may be placed in a child care institution: (a) If the child requires medical services and such medical services could not be provided at any other placement; or (b) If necessary to avoid separating siblings. 3. If a child is transferred to or placed in a child care institution in violation of subsection 1, the agency which provides child welfare services that is responsible for the child shall immediately notify the Director of the Department of Human Services and shall move the child to another placement as soon as possible. 4. Each agency which provides child welfare services shall develop and implement a written plan to ensure that the provisions of this section are understood and carried out. 5. As used in this section, “child care institution”: (a) Means any type of home or facility that: (1) Provides care and shelter during the day and night to 16 or more children who are in protective custody of an agency which provides child welfare services; or (2) Provides care and shelter during the day and night, through the use of caregivers who work in shifts, to children who are in protective custody of an agency which provides child welfare services. (b) Does not include a home or facility that provides medical services to children.