CHILD PROTECTIVE ACT
16-1622. Review hearings -- annual permanency hearings. (1) Review hearing.
(a) A hearing for review of the child's case and permanency plan shall be held no later than six (6) months after entry of the court's order taking jurisdiction under this act and every six (6) months thereafter. The purpose of the review hearing is to determine:
(i) The safety of the child;
(ii) The continuing necessity for and appropriateness of the placement;
(iii) The extent of compliance with the case plan;
(iv) The extent of progress that has been made toward alleviating or mitigating the causes necessitating placement in foster care; and
(v) When reasonable, to project a likely date by which the child may be safely returned to and maintained in the home or placed in another permanent placement.
(b) A motion for revocation or modification of an order issued under section 16-1619, Idaho Code, may be filed by the department or any party; provided that no motion may be filed by the respondents under this section within three (3) months of a prior hearing on care and placement of the child. Notice of a motion for review of a child's case shall be provided to the parents and other legal guardians, the prosecuting attorney or deputy attorney general, guardian ad litem, attorney for the child, the department and foster parents.
(c) If the motion filed under paragraph (b) of this subsection alleges that the child's best interests are no longer served by carrying out the order issued under section 16-1619, Idaho Code, or that the department or other authorized agency has failed to provide adequate care for the child, the court shall hold a hearing on the motion.
(d) The department or authorized agency may move the court at any time to vacate any order placing a child in its custody or under its protective supervision.
(2) Permanency plan and hearing.
(a) The permanency plan shall include a permanency goal. The permanency goal may be one (1) of the following: continued efforts at reunification, in the absence of a judicial determination of aggravated circumstances; or termination of parental rights and adoption, guardianship or another planned permanent living arrangement. Every permanency plan shall include the information set forth in section 16-1621(3)(a), Idaho Code. If the permanency plan has reunification as a permanency goal, the plan shall include information set forth in section 16-1621(3)(b), Idaho Code. If the permanency plan has a permanency goal other than reunification, the plan shall include the information set forth in section 16-1621(3)(c), Idaho Code. The court may approve a permanency plan which includes a primary goal and a concurrent goal.
(b) A permanency hearing shall be held no later than twelve (12) months from the date the child is removed from the home or the date of the court's order taking jurisdiction under this chapter, whichever occurs first, and at least every twelve (12) months thereafter, so long as the court has jurisdiction over the child. The court shall approve, reject or modify the permanency plan of the department and review progress in accomplishing the permanency goal. A permanency hearing may be held at any time and may be combined with the review hearing required under subsection (1) of this section.
(c) The court shall make written case-specific findings whether the department made reasonable efforts to finalize the primary permanency goal in effect for the child. Lack of reasonable efforts to reunify may be a basis for an order approving a permanency plan with a permanency goal of reunification.
(d) Where the permanency goal is not reunification, the hearing shall include a review of the department's consideration of options for in-state and out-of-state placement of the child. In the case of a child in an out-of-state placement, the court shall determine whether the out-of-state placement continues to be appropriate and in the best interest of the child.
(e) In the case of a child who has attained the age of sixteen (16) years, the hearing shall include a determination of the services needed to assist the child to make the transition from foster care to independent living.
(f) The court may approve a primary permanency goal of another planned permanent living arrangement only upon written, case-specific findings that there are compelling reasons why a more permanent goal is not in the best interests of the child.
(g) If the child has been in the temporary or legal custody of the department for fifteen (15) of the most recent twenty-two (22) months, the department shall file, prior to the last day of the fifteenth month, a petition to terminate parental rights, unless the court finds that:
(i) The child is placed permanently with a relative;
(ii) There are compelling reasons why termination of parental rights is not in the best interests of the child; or
(iii) The department has failed to provide reasonable efforts to reunify the child with his family.
(h) The court may authorize the department to suspend further efforts to reunify the child with the child's parent, pending further order of the court, when a permanency plan is approved by the court and the permanency plan does not include a permanency goal of reunification.
[(16-1622) 16-1611, added 1976, ch. 204, sec. 2, p. 739; am. 1982, ch. 186, sec. 11, p. 498; am. 1991, ch. 212, sec. 5, p. 505; am. 1996, ch. 272, sec. 9, p. 892; am. 2001, ch. 107, sec. 12, p. 364; am. and redesig. 2005, ch. 391, sec. 24, p. 1283; am. 2007, ch. 223, sec. 4, p. 672; am. 2013, ch. 287, sec. 6, p. 750.]
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