§ 10A-1-4-810. Permanency meeting and reports.  


Latest version.
  • A.  1.  When a child has been in out-of-home care for twelve (12) months or longer, the court may require that the Department of Human Services facilitate a meeting held no later than thirty (30) days prior to the permanency hearing to discuss recommendations regarding the child’s permanency plan that will be reported to and reviewed by the court.

    2.  The court may direct that the assigned guardian ad litem, which may be a court-appointed special advocate, if any, a judicial case manager, or the Department make arrangements for the meeting.  The foster parents of the child, the parents of the child, or the parents’ attorney, a postadjudication review board member, the guardian ad litem who has been appointed to the case, the child, and others as appropriate, and the child’s attorney shall be contacted to assist in the preparation of the report; provided, however, persons determined not to require reasonable efforts pursuant to the provisions of Section 1-4-809 of this title shall not be required to attend.

    B.  1.  Prior to a permanency hearing, the Department shall prepare a report regarding the child for court review and shall provide a copy of the report to the court and the parties not less than three (3) judicial days prior to the permanency hearing.

    2.  The report shall include the proposed permanency plan by the Department, the efforts by the Department to effectuate the permanency plan for the child, address the options for the permanent placement of the child, and examine the reasons for excluding higher priority options.

    3.  Unless a permanency hearing has been conducted, the Department, as applicable, shall contact the foster parents of the child, the parents of the child, or the parents’ attorney, a postadjudication review board member, the guardian ad litem, or the court appointed special advocate who has been appointed to the case, and the child’s attorney to assist in the preparation of the report.

    C.  The up-to-date and accurate report shall also contain, but not be limited to, the following information, if relevant:

    1.  Efforts and progress demonstrated by the child’s parent to complete an individual treatment and service plan;

    2.  Status of the child, including the child’s behavioral, physical, and emotional health;

    3.  A recommendation regarding whether the child’s current permanency goal should be continued or modified, the reasons therefor, and the anticipated date for meeting the goal; and

    4.  A recommendation regarding whether the placement of the child should be extended and the reasons for the recommendation.

    D.  The child’s attorney, the parents or parents’ attorney, the foster parent, the postadjudicatory review board member, the guardian ad litem, or the court appointed special advocate of the child may submit additional informational reports to the court for review.

Added by Laws 1998, c. 421, § 22, emerg. eff. June 11, 1998.  Amended by Laws 2003, c. 105, § 2, eff. Nov. 1, 2003; Laws 2004, c. 452, § 4, eff. Nov. 1, 2004; Laws 2009, c. 233, § 44, emerg. eff. May 21, 2009.  Renumbered from § 7003-5.6e of Title 10 by Laws 2009, c. 233, § 256, emerg. eff. May 21, 2009.