Section 5-326 - Review hearings.
§ 5-326. Review hearings.
(a) Periodic hearing.-
(1) A juvenile court shall hold:
(i) an initial guardianship review hearing as scheduled under § 5-324(b)(1)(vi) of this subtitle to establish a permanency plan for the child; and
(ii) at least once each year after the initial guardianship review hearing until the juvenile court's jurisdiction terminates, a guardianship review hearing.
(2) At each guardianship review hearing, a juvenile court shall determine whether:
(i) the child's current circumstances and placement are in the child's best interests;
(ii) the permanency plan that is in effect is in the child's best interests; and
(iii) reasonable efforts have been made to finalize the permanency plan that is in effect.
(3) (i) A juvenile court shall give at least 30 days' notice before each guardianship review hearing for a child to:
1. the local department;
2. the child's attorney; and
3. each of the child's living parents who has not waived the right to notice and that parent's attorney.
(ii) A parent is entitled to be heard and to participate at a guardianship review hearing.
(iii) A parent is not a party solely on the basis of the right to notice or opportunity to be heard or participate at a guardianship review hearing.
(4) (i) A local department shall give a child's caregiver at least 7 days' notice before a guardianship review hearing.
(ii) A caregiver is entitled to be heard at a guardianship review hearing.
(iii) A caregiver is not a party solely on the basis of the right to notice or opportunity to be heard at a guardianship review hearing.
(5) (i) At least 10 days before each guardianship review hearing, a local department shall:
1. investigate as needed to prepare a written report that summarizes the child's circumstances and the progress that has been made in implementing the child's permanency plan; and
2. send a copy of the report to:
A. the child's attorney; and
B. each of the child's living parents who has not waived the right to notice and that parent's attorney.
(ii) Notice to a parent under this paragraph shall be sent to the parent's last address known to the juvenile court.
(6) A child's permanency plan may be, in order of priority:
(i) adoption of the child;
(ii) custody and guardianship of the child by an individual; or
(iii) another planned permanent living arrangement that:
1. addresses the individualized needs of the child, including the child's educational plan, emotional stability, physical placement, and socialization needs; and
2. includes goals that promote the continuity of relations with individuals who will fill a lasting and significant role in the child's life.
(7) Every reasonable effort shall be made to implement a permanency plan within 1 year.
(8) At each guardianship review hearing for a child, a juvenile court shall:
(i) evaluate the child's safety and act as needed to protect the child;
(ii) consider the written report of a local out-of-home placement review board required under § 5-545 of this title;
(iii) determine the extent of compliance with the permanency plan;
(iv) make a specific factual finding on whether reasonable efforts have been made to finalize the child's permanency plan and document the finding;
(v) subject to subsection (b) of this section, change the child's permanency plan if a change would be in the child's best interests;
(vi) project a reasonable date by which the permanency plan will be finalized;
(vii) enter any order that the juvenile court finds appropriate to implement the permanency plan; and
(viii) take all other action that the juvenile court considers to be in the child's best interests, including any order allowed under § 5-324(b)(1)(ii) of this subtitle.
(9) A juvenile court may approve a permanency plan other than adoption of a child only if the juvenile court finds that, for a compelling reason, adoption is not in the child's best interests.
(10) (i) At a guardianship review hearing held 1 year or more after a juvenile court enters an order for guardianship of a child, the juvenile court may designate an individual guardian of the child if:
1. the local department certifies the child's successful placement with the individual under the supervision of the local department or its agent for at least 180 days or a shorter period allowed by the juvenile court on recommendation of the local department;
2. the local department files a report by a child placement agency, completed in accordance with department regulations, as to the suitability of the individual to be the child's guardian; and
3. the juvenile court makes a specific finding that:
A. for a compelling reason, adoption is not in the child's best interests; and
B. custody and guardianship by the individual is in the child's best interests and is the least restrictive alternative available.
(ii) Designation of a guardian under this paragraph terminates the local department's legal obligations and responsibilities to the child.
(iii) After designation of a guardian under this paragraph, a juvenile court may order any further review that the juvenile court finds to be in the child's best interests.
(b) Emergency review hearing.-
(1) Whenever a juvenile court orders a specific placement for a child, a local department may remove the child from the placement before a hearing only if:
(i) removal is needed to protect the child from serious immediate danger;
(ii) continuation of the placement is contrary to the child's best interests; or
(iii) the child's caregiver asks for the child's immediate removal.
(2) (i) On the next day on which the circuit court sits after a local department changes a placement under this subsection, the juvenile court shall hold an emergency review hearing on the change.
(ii) A juvenile court shall give reasonable notice of an emergency review hearing to:
1. the child's attorney;
2. each of the child's living parents who has not waived the right to notice and that parent's attorney; and
3. each other party's attorney.
(iii) At an emergency review hearing, the standard of review as to a change shall be the standard for continued shelter care in a hearing under § 3-815 of the Courts Article.
(iv) Unless all of the parties agree to a juvenile court's order entered at an emergency review hearing, the juvenile court shall hold a full review hearing on the change within 30 days after the date of removal or, if agreed to by the parties, a later date.
(c) Consultation on record with child.- At least every 12 months at a hearing under this section, the court shall consult on the record with the child in an age-appropriate manner.
[2005, ch. 464, § 3; 2010, ch. 655.]