Reasonable or Active Efforts - Exceptions 624-05-15-15-05

(Revised 1/15/21 ML #3606)

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Reasonable or active efforts to prevent removal, or return a child home, are not required if:

1. A court of competent jurisdiction has determined that a parent has subjected the child to aggravated circumstances; or
2. The parental rights of the parent, with respect to another child of the parent, have been involuntarily terminated.

The agency must document in the affidavit such details and request the State’s Attorney bring these points to the court’s attention during the shelter care hearing. The agency must seek to assure that the court record documents the judicial finding that reasonable or active efforts are not required for a specific reason.

 

If the court makes a finding that reasonable or active efforts are not required, a permanency hearing must be held within 30 days of the removal or date of determination, unless the requirements of the permanency hearing are fulfilled at the hearing.