§ 10A-1-4-807. Review hearing.

A.  1.  Every case regarding a child alleged or adjudicated to be deprived shall be reviewed by the court at a hearing no later than six (6) months from the date of the child’s removal from the home and at least once every six (6) months thereafter until permanency is achieved or the court otherwise terminates jurisdiction except as otherwise set forth in paragraph 2 of this subsection.  A review hearing may be held concurrently with a permanency hearing.

2.  When the Department of Human Services has documented a compelling reason why a petition to terminate parental rights to a child is not in the best interests of the child that is based upon a consideration that the child is presently not capable of functioning in a family setting, the court shall reevaluate the status of the child every ninety (90) days until there is a final determination that the child cannot be placed in a family setting.

3.  At any time during the pendency of the case, any party may request the court to review the case.  If granted, the requesting party shall serve notice on all parties of the date and time of the hearing.

B.  If a foster parent, preadoptive parent, or relative is currently providing care for a child, the Department shall give the foster parent, preadoptive parent, or relative notice of a proceeding concerning the child.  A foster parent, preadoptive parent, or relative providing care for a child has the right to be heard at the proceeding.  Except when allowed to intervene, the foster parent, preadoptive parent, or relative providing care for the child is not considered a party to the juvenile court proceeding solely because of notice and the right to be heard at the proceeding.

C.  The court shall receive all evidence helpful in deciding the issues before the court including, but not limited to, oral and written reports, which may be admitted and relied upon to the extent of their probative value, even though not competent for purposes of an adjudicatory hearing.  All service provider progress reports and critical incident reports shall be submitted to the court and shall also be delivered to the District Attorney, the attorney or attorneys representing the parents, the child’s attorney and guardian ad litem, if applicable, and the relevant tribe or tribes, if applicable.

D.  At each review hearing the court shall:

1.  Determine and include the following in its orders:

a.whether the individualized service plan, services, and placement meet the special needs and best interests of the child with the child’s health, safety, and educational needs specifically addressed,

b.whether there is a need for the continued placement of the child,

c.whether the current permanency plan for the child remains the appropriate plan to meet the health, safety, and best interests of the child,

d.whether the services set forth in the individualized service plan and the responsibilities of the parties need to be clarified or modified due to the availability of additional information or changed circumstances or as the court determines to be in the best interests of the child and necessary for the correction of the conditions that led to the adjudication of the child,

e.whether the terms of visitation need to be modified, including the visitation with siblings if separated,

f.the time frame that should be followed to achieve reunification or other permanent plan for the child,

g.whether reasonable efforts have been made to provide for the safe return of the child to the child’s own home.  If the court determines or has previously determined that reasonable efforts are not required pursuant to the provisions of Section 1-4-809 of this title, or that continuation of reasonable efforts to reunite the child with the child’s family is inconsistent with the permanency plan for the child, the court shall determine if reasonable efforts are being made to place the child in a timely manner in accordance with the permanency plan and determine the steps necessary to finalize permanency for the child,

h.where appropriate, when the child is sixteen (16) years of age or older, whether services are being provided that will assist the child in making the transition from foster care to independent living.  The court shall inquire or cause inquiry to be made of the child regarding any proposed independent living plan,

i.whether the nature and extent of services being provided the child and parent or parents of the child are adequate and shall order that additional services be provided or studies, assessments, or evaluations be conducted, if necessary, to ensure the safety of the child and to protect the child from further physical, mental, or emotional harm, or to correct the conditions that led to the adjudication,

j.whether, in accordance with the safety or well-being of any child, reasonable efforts have been made to:

(1)place siblings, who have been removed, together in the same foster care, guardianship, or adoptive placement, and

(2)provide for frequent visitation or other ongoing interaction in the case of siblings who have been removed and who are not placed together, and

k.whether, during the ninety-day period immediately prior to the date on which the child in the custody of the Department will attain eighteen (18) years of age, the Department and, as appropriate, other representatives of the child are providing the child with assistance and support in developing an appropriate transition plan that is personalized at the direction of the child, that includes specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and work force supports and employment services, and is as detailed as the child may elect;

2.  Consider in-state and out-of-state placement options for the child; and

3.  Determine the safety of the child and consider fully all relevant prior and current information including, but not limited to, the report or reports submitted pursuant to Sections 1-4-805 and 1-4-808 of this title.

E.  In making its findings, the court shall consider the following:

1.  Whether compliance with the individualized service plan has occurred, including whether the Department has provided care that is consistent with the health, safety, and educational needs of the child while in an out-of-home placement;

2.  The extent of progress that has been made toward alleviating or correcting the conditions that caused the child to be adjudicated deprived;

3.  Whether the child should be returned to a parent or parents and whether or not the health, safety, and welfare of the child can be protected by a parent or parents if returned home; and

4.  An appropriate permanency plan for the child, including concurrent planning when applicable, pursuant to Section 1-4-706 of this title.

Added by Laws 1981, c. 289, § 1, eff. Oct. 1, 1981.  Amended by Laws 1983, c. 113, § 2, eff. Nov. 1, 1983; Laws 1989, c. 126, § 1, emerg. eff. May 1, 1989; Laws 1990, c. 272, § 3, eff. Sept. 1, 1990; Laws 1991, c. 296, § 19, eff. Sept. 1, 1991; Laws 1992, c. 298, § 28, eff. July 1, 1993; Laws 1992, c. 373, § 3, eff. July 1, 1992; Laws 1994, c. 290, § 42, eff. July 1, 1994; Laws 1995, c. 352, § 33, eff. July 1, 1995.  Renumbered from § 1116.1 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 1996, c. 353, § 23, eff. Nov. 1, 1996; Laws 1997, c. 389, § 6, eff. Nov. 1, 1997; Laws 1998, c. 421, § 19, emerg. eff. June 11, 1998; Laws 2000, c. 374, § 19, eff. July 1, 2000; Laws 2002, c. 237, § 2, emerg. eff. May 9, 2002; Laws 2004, c. 452, § 2, eff. Nov. 1, 2004; Laws 2007, c. 196, § 2, eff. July 1, 2007; Laws 2009, c. 160, § 4, emerg. eff. May 11, 2009; Laws 2009, c. 233, § 40, emerg. eff. May 21, 2009.  Renumbered from § 7003-5.6 of Title 10 by Laws 2009, c. 233, § 253, emerg. eff. May 21, 2009.  Amended by Laws 2011, c. 244, § 3, eff. Nov. 1, 2011.

Note

NOTE:  Laws 1992, c. 299, § 10 repealed by Laws 1992, c. 373, § 22, eff. July 1, 1992.