(a)  Prior to authorizing the placement of a child entrusted to the control of the department of children, youth, and families and in an out-of-state child caring facility, other than the home of a relative, the department shall petition the family court for a placement hearing. The family court shall grant approval for the placement if the following facts are found:

(1)  That no suitable in-state facilities are available for the placement of the child;

(2)  That the child will receive an individualized treatment plan, including, but not limited to, appropriate clinical treatment, education, training, and rehabilitation; and

(3)  That the proposed placement is in the best interest of the child.

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(b)  This section shall not apply when the proposed placement is less than thirty-five (35) miles from the home of the parent previously having custody of the child.