(1) The Department of Health and Human Services also may use other public facilities or contract for the use of private facilities for the care and treatment of children in its legal custody who have been adjudged to be as described in subdivision (3)(a) of section 43-247. Placement of children in private or public facilities not under its jurisdiction shall not terminate the legal custody of the department. No state funds may be paid for care of a child in the home of a parent.

(2) For children committed to the Office of Juvenile Services, the Department of Health and Human Services may use other public facilities operated by the Department of Health and Human Services for the care and treatment of such children or may contract for the use of space in another facility operated and utilized as a youth rehabilitation and treatment center in compliance with state law.