§ 10A-1-4-808. Review hearing report - Child's access to counsel.
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A. The Department of Human Services or the agency having supervision of the case or, if the child has been removed from the custody of the child’s parents, the Department or the agency or child-placing agency having custody of the child shall cause to be prepared for each review hearing required herein a written report concerning each child who is the subject of review.
B. The report shall include, but not be limited to:
1. A summary of the physical, mental, and emotional condition of the child, the conditions existing in the out-of-home placement where the child has been placed, and the adjustment of the child thereto;
2. A report on the progress of the child in school and, if the child has been placed outside the child's home, the visitation exercised by the parents of the child or other persons authorized by the court;
3. Services being provided to a child sixteen (16) years of age or older to assist in the transition from out-of-home care or other community placement to independent living;
4. When the Department is responsible for supervision of the child or is the legal custodian of the child, a description of:
a. progress on the part of the parent or parents to correct the conditions which caused the child to be adjudicated deprived,
b. changes that still need to occur and the specific actions the parents would take to make the changes, and
c. services and assistance that have been offered or provided to the parents since the previous hearing and the services which are needed in the future;
5. A description of the placements of the child by number and type with dates of entry and exit, reasons for the placement or change in placement, and a statement about the success or lack of success of each placement;
6. The efforts of the Department to locate the parents and involve them in the planning for the child if the parents are not currently communicating with the Department;
7. Compliance by the Department, as applicable, and the parent with the court’s orders concerning the individualized service plans, previous court orders, and the Department recommendations;
8. Whether the current placement is appropriate for the child, its distance from the home of the child, and whether it is the least restrictive, most family-like placement available;
9. A proposed timetable for the return of the child to the home or other permanent placement; and
10. Specific recommendations, giving reasons whether:
a.trial reunification should be approved by the court,
b.trial reunification should be continued to a date certain as specified by the court,
c.the child should remain in or be placed outside of the home of the parent or legal guardian of the child, or
d.the child should remain in the current placement when the permanency plan is other than reunification with the parent or legal guardian of the child.
C. The attorney representing a child and the guardian ad litem of a child, if any, whose case is being reviewed may submit a report to the court for presentation at the review hearing to assist the court in reviewing the placement or status of the child. The legal custodian shall not deny to a child the right of access to counsel and shall facilitate such access.
Added by Laws 1996, c. 353, § 24, eff. Nov. 1, 1996. Amended by Laws 1998, c. 421, § 20, emerg. eff. June 11, 1998; Laws 2009, c. 233, § 41, emerg. eff. May 21, 2009. Renumbered from § 7003-5.6a of Title 10 by Laws 2009, c. 233, § 254, emerg. eff. May 21, 2009.