A.
Scope of review. A permanency planning hearing will be conducted
to review the status of the child and the progress made toward successful
completion of the reunification plan when:
(1)
The child has remained a ward of the Court for at least twelve (12)
months; or
(2)
When reunification efforts have been substantially unsuccessful and
there is little likelihood that reunification goals can be achieved
through new or modified plans; or
(3)
When aggravated circumstances as defined in this code warrant immediate
termination procedures.
B.
Timetable. The Court will conduct a permanency planning hearing not more than twelve (12) months after entry of the order of disposition and at least thirty (30) calendar days prior to any termination hearing. A permanency planning hearing may be combined with a disposition review hearing under Article XVIII.
C.
SSU or its designated agency will file a proposed final permanency
plan at least ten (10) calendar days prior to the permanency planning
hearing. The Court will serve copies of the proposed plan to all parties
at least seven (7) calendar days prior to the hearing.
D.
Permanency plan options.
(1)
Parental rights to the child have not been terminated.
(a)
Return child to home. If parental rights to the child have not
been terminated and the Court determines by clear and convincing evidence
at a permanency planning hearing that the return of the child to his
or her parent would not cause a substantial risk of harm to the child's
life, physical health, or mental well-being, the Court will order
the child returned to his or her parent.
[1]
In determining whether the return of the child would cause a
substantial risk of harm to the child, the Court will view:
[a]
The failure of the parent to substantially comply
with the terms and conditions of the dispositional order as evidence
that reunification efforts have failed and return of the child to
his or her parent would cause a substantial risk of harm to the child's
life, physical health, or mental well-being;
[b]
The conduct of the parent as evidence of substantial
risk of harm; and
[c]
The Court will consider any condition or circumstance
of the child that may be evidence that a return to the parent would
cause a substantial risk of harm to the child's life, physical
health, or mental well-being.
(b)
Not return child to home and initiate termination of parental
rights. If the Court determines at a permanency planning hearing that
a child should not be returned to his or her parent, the court may
order the agency to initiate proceedings to terminate parental rights
if one (1) or more of the following apply:
[1]
The child is being cared for by relatives or extended family.
[2]
SSU or its designee has not provided the child's family
with the services considered necessary for the child's safe return
to his or her home consistent with the time period in the case services
plan.
[3]
The case services plan documents a compelling reason for determining
that filing a petition to terminate parental rights would not be in
the best interest of the child. Compelling reasons for not filing
a petition to terminate parental rights include, but are not limited
to, all of the following:
(c)
Not return child to home and not terminate parental rights. If the agency demonstrates under Subsection D(1)(a) that initiating the termination of parental rights to the child is clearly not in the child's best interests, or the Court does not order the agency to initiate termination of parental rights to the child under Subsection D(1)(b), then the Court will order one (1) or more of the following alternative placement plans:
[1]
If the Court determines that other permanent placement is not
possible, the child's placement in foster care will continue
for a limited period to be stated by the Court.
[2]
If the Court determines that it is in the child's best
interests based upon compelling reasons, the child's placement
in foster care may continue on a long-term basis.
[3]
If the Court determines that it is in the child's best
interests, appoint a guardian for the child, which guardianship may
continue until the child turns eighteen (18) or is emancipated.
[4]
Place the child on an independent living plan. At a minimum
the independent living plan will address the basic needs of the child
no younger than seventeen (17) years of age. The basic needs must
include food, clothing, shelter, medical care, education and/or supervision
for the child; or
[5]
Emancipate the child.
E.
The concurrent permanency plan. The plan should clearly specify the
goals for permanent placement, provision of services to the child,
and strategies for achieving those goals in the event that parental
rights are terminated. The plan should include a detailed proposal
and will include a strategy for continued placement, services, and
any potential reunification requirements that would result in dismissal
of the petition to terminate and actual reunification of the family.
F.
Permanency review hearings. The Court will conduct a permanency review
hearing within three (3) months of the Permanency Planning Hearing
and every three (3) months thereafter, so long as the child continues
to be a protected child. At least ten (10) calendar days prior to
every permanency review hearing, SSU or its designated agency will
file a written report regarding the child's education, health,
and overall welfare. The Court will serve copies of the report to
all parties still involved at least seven (7) calendar days prior
to the hearing.
