Permanency Hearing 624-05-15-20-20

(Revised 10/15/12 ML #3341)

View Archives

PI 15-15

PI 15-15 Attachment

 

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 (these replace the former dispositional hearings), or as an option, by the Division of Juvenile Services (DJS) for youth under its custody as a placement hearing under N.D.C.C. 27-21.

 

A new requirement, effective 03-27-2000, requires the agency to obtain a judicial determination that it made reasonable efforts to finalize the permanency plan that is in effect (whether the plan is reunification, adoption, legal guardianship, placement with a fit and willing relative, or placement in another planned permanent living arrangement) within 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 preadoptive home.

 

In addition, a permanency hearing in the court or DJS 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 that determines, if applicable, when:

  1. The child will be returned to the parent;
  2. The child will be placed with a relative;
  3. The child will be placed with a legal guardian;
  4. To place siblings in the same foster care, relative, guardianship, or adoptive placement, if appropriate;
  5. In the case of siblings removed from their home and not jointly placed, to provide frequent visitation, or ongoing interaction, if appropriate;
  6. The legal custodian (or State) will petition for termination of parental rights;
  7. The child will be placed for adoption; or
  8. The child will be placed in another planned permanent living arrangement.  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.

 

The hearing shall also:

  1. Consider in-State and out-of-State placement options in permanency hearings, and if a child is already in an out-of-State placement, the hearing must determine if the placement continues to be appropriate and in the child’s best interests; and
  2. In the case of a child who has reached age 16, the services needed to assist the child to make the transition from foster care to independent living.

 

All of the information gathered at the Permanency Planning Committee/Foster Care Child & Family Team meetings, initial and quarterly case reviews, must be available to the court or DJS for a permanency hearing.

 

Foster parents of the child and any preadoptive 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 preadoptive parents (if any) are not permanency hearings.