1. If a child who is in the legal custody of the children’s division is hospitalized but is no longer in need of medical care at the hospital, the division shall take physical custody of the child. If the division fails to take physical custody of the child, then the division shall reimburse the hospital at the same rate the hospital would receive per day for an inpatient admission.

2. If the division requests transportation of a child to an emergency room, the hospital to which the child is transported or any subsequent psychiatric hospital to which the child is transferred shall be allowed to administer appropriate emergency psychiatric treatment.