(a) A permanency
hearing shall be held within twelve months of the child's initial date of entry
into out-of-home care or within thirty days of a judicial determination that
the child is an abandoned infant or that aggravated circumstances are present
and reasonable efforts to reunify a child and family are not required. The
status of the child shall be reviewed at least every twelve months thereafter
for as long as the child remains in out-of-home care under the placement
responsibility of the department.
(b) The department shall request that the
court review the status of the case to determine whether the child is receiving
appropriate services and care, that case plans are being properly implemented,
and that activities are directed toward a permanent placement for the child.
Procedural safeguards relating to notice, participation of the parties, and
appeal shall be provided according to the rules of the court. At the permanency
hearing the court shall be requested to:
(1)
Determine that the department has made reasonable efforts to finalize a
permanency plan for the child within twelve months of the initial date of entry
into out-of-home care;
(2)
Determine the safety of the child and the continued need for and
appropriateness of the out-of-home placement;
(3) Determine the extent to which each party
has complied with the case plan and the progress that the family has made in
making the home safe;
(4) Determine
the extent of progress toward resolving the problems that caused the placement
and necessitate continued placement;
(5) Project a likely date for the child's
return to a safe family home, or permanent placement out of the family home in
the following order of preference, through adoption, legal guardianship, or
other permanent out-of-home placement;
(6) Determine the need for a termination of
parental rights hearing pursuant to section
587A-33,
HRS and if so, by when;
(7)
Determine in the following order of preference whether, and if applicable when,
the child will be:
(A) Returned to the legal
custodian;
(B) Placed for adoption
and parental rights terminated;
(C)
Referred for legal guardianship;
(D) Placed permanently with a fit and willing
relative; or
(E) Placed in another
planned permanent custody living arrangement, but only in cases where the
department has documented to the court a compelling reason for determining it
would not be in the best interest of the child to follow one of the four
specified options above.
(8) In the case of a child who will not be
returned to the parent, the hearing shall consider in-State and out-of-State
placement options.
(9) Determine if
the child is placed out of the state in which the home of the legal custodian
is located, whether the out-of-state placement continues to be in the best
interest of the child; and
(10)
Consult, in an age appropriate manner, with the child about the proposed
permanency or transition plan.
(11)
Determine, in the case of the child who has attained sixteen years of age, the
services needed to assist the child to make the transition from foster care to
independent living.
