(1) The department may place a child in substitute care pursuant to:

(a) a court order;

(b) emergency protective services as authorized by 41-3-301 , MCA;

(c) a voluntary placement agreement entered by the department and the parents or guardians of the child; or

(d) other lawful authority.

(2) Children who meet the criteria set forth in (1) , will be evaluated by the department to determine the accessible, available and appropriate type of placement.