Permanency Hearing 624-05-15-20-20

(Revised 2/1/22 ML #3657)

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Every child in foster care must have a “permanency hearing” within 12 months of the child's entry to foster care or continuing in foster care following a previous permanency hearing. The hearing must be held in a juvenile court or tribal court of competent jurisdiction.

 

Agencies must obtain a judicial determination that it made reasonable efforts to finalize the permanency plan that is in effectwithin twelve months of the date the child is considered to have entered foster care, and at least once every twelve months thereafter while the child is in foster care. The requirement for subsequent permanency hearings applies to all children, including children placed in a permanent foster home or a pre-adoptive home.

 

In addition, a permanency hearing must be conducted within thirty (30) days after a court determines that reasonable efforts are not required because:

  1. 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 hearing shall determine the court-approved permanency plan for the child and when the plan is expected to be achieved. The child age 16 or greater will be placed in another planned permanent living arrangement (APPLA). This applies in cases where the legal custodian has documented to the court a compelling reason for determining that it would not be in the best interests of the child to return home, be referred for termination of parental rights, or be placed for adoption with a fit and willing relative or with a legal guardian. See 624-05-15-115-30- 10 for judicial determination requirements.

 

Foster parents of the child and any pre-adoptive parent or relative providing care for the child must be provided with written notice of, and a right to be heard in, any proceeding with respect to the child. Email or letter notice constitutes written notice, if there is documentation of the letter or email on file.

 

A full hearing is required. Paper reviews, ex parte hearings, agreed orders, or other actions or hearings which are not open to the participation of the parents of the child, the child (if age appropriate), and foster parents or pre-adoptive parents (if any) are not permanency hearings.