§ 10A-1-4-708. Deprivation based on repeated absence from school.

A.  In cases where the child has been adjudicated to be deprived due to repeated absence from school, the court may order counseling and treatment for the child and the parents.

B.  Prior to final disposition, the court shall require verification by the appropriate school district that the child found to be truant has been evaluated for literacy, learning disabilities, developmental disabilities, hearing and visual impairment, and other impediments which could constitute an educational handicap.  The results of such assessments or evaluations shall be made available to the court for use by the court in determining the disposition of the case.

C.  No child who has been adjudicated deprived upon the basis of noncompliance with the mandatory school attendance law alone may be placed in a public or private institutional facility or be removed from the custody of the lawful parent, legal guardian, or custodian of the child.

D.  A deprived adjudication based solely upon repeated absence from school shall not constitute a ground for termination of parental rights.

Added by Laws 2009, c. 233, § 122, emerg. eff. May 21, 2009.