§ 40-11-12.1 - Family court review.
SECTION 40-11-12.1
§ 40-11-12.1 Family court review. –(a) Within a period of twelve (12) months after a child is placed in the careof the department of children, youth, and families pursuant to the provisionsof this chapter or § 14-1-5, or §§ 42-72-14 and 14-1-11.1, andthe child has resided in foster care or, pursuant to §§ 42-72-14 and14-1-11.1, has resided in an out-of-home program which provides services forchildren with disabilities, including, but not limited to, residentialtreatment programs, residential counseling centers, and therapeutic foster careprograms, the department of children, youth, and families shall file a motionin the family court requesting a permanency hearing on the status of the child.
(b) Notice of the hearing along with a copy of the motionshall be served, in accordance with the rules of procedure of the family court,by the department upon all parties in interest.
(c) At the permanency hearing, all parties shall be allowedto be heard and the foster parents, any pre-adoptive parent or relativeproviding care for the child shall be provided with notice of, may attend andpresent a report, oral or written, containing recommendations as to the bestinterest of the child, except that this subsection shall not be construed torequire that any foster parent, pre-adoptive parent, or relative providing carefor the child be made a party to such a review or hearing solely on the basisof such notice and opportunity to be heard.
(d) In determining its order of permanency, the court shallconsider, among other things:
(1) The appropriateness of the department's plan for serviceto the child and parent;
(2) What services have been offered to strengthen and reunitethe family;
(3) Where return home of the child is not likely, whatefforts have been or should be made to evaluate or plan for other modes of care;
(4) Any further efforts which have been or will be made topromote the best interests of the child; and
(5) The child's health and safety shall be the paramountconcern.
(e) At the conclusion of the hearing, the court shall, inaccordance with the best interests of the child, enter an order of permanency:
(1) In the case of a child whose care and custody have beentransferred to the department of children, youth, and families, direct that thechild be returned to and safety maintained in the home of the parent, guardian,or relative; or
(2) Direct that the child's placement in foster care continueon a long-term basis or that the child be placed in an independent livingfacility; or
(3) Direct that foster care of the child and reunificationefforts be continued if the department of children, youth, and families, aftera hearing, has demonstrated to the court that continuation of the child infoster care and continued reunification efforts for a determinate period is inthe child's best interests. If the court does not return the child to the careand custody of the parent, guardian or relative and the court does not directthat foster care of the child and reunification efforts be continued, thedepartment shall institute a proceeding within thirty (30) days of thepermanency hearing pursuant to chapter 7 of title 15 to legally free the childfor adoption; or
(4) In the case of a child with an emotional, behavioral, ormental disorder or developmental or physical disability who has, pursuantsolely to §§ 42-72-14 and 14-1-11.1, been placed in an out-of-homeprogram which provides services for children with disabilities, including, butnot limited to, residential treatment programs, residential counseling centers,and therapeutic foster care programs, shall determine whether the continuationof such placement is in the best interest of the child; or
(5) For a child who has been placed in foster care by thedepartment for a period of twelve (12) consecutive months, the court shallorder that the department institute proceedings for adoption of the childexcept in the event that the court determines it is not in the best interest ofthe child due to one or more of the following factors:
(i) There is a substantial probability that the child shallbe returned to the parent within the next three (3) months; or
(ii) The parent has maintained regular and consistentvisitation and contact with the child, there is a relationship that isbeneficial to the child, and there is a substantial probability that the childshall be returned to the parent within the next three (3) months; or
(iii) The child is in the care of a relative and the relativeis not willing to adopt the child but is willing and capable of providing thechild with a stable and permanent environment; or
(iv) Any other significant factor, which the court findswould not be in the best interest of the child.
(v) The department has documented in the case plan, whichshall be presented to the court, a compelling reason for determining thatfiling a petition for termination of parental rights and a petition foradoption would not be in the best interests of the child; or
(vi) The department has not provided to the family of thechild, consistent with the time period in the case plan, such services as thedepartment deems necessary for the safe return of the child to the child'shome, if reasonable efforts are required to be made.
(6) In the case of a child who has been in foster care underthe temporary custody or custody of the department for fifteen (15) of the mostrecent twenty-two (22) months, or if the court has determined a child to beabandoned or has made a determination that the parent has engaged in conducttoward any child of a cruel and abusive nature or that the parent has committedmurder of another child of the parent, committed voluntary manslaughter ofanother child of the parent, aided or abetted, attempted, conspired, orsolicited to commit such a murder or such a voluntary manslaughter, orcommitted a felony assault that has resulted in serious bodily injury to thechild or to another child of the parent, the department shall file a petitionto terminate the parental rights of the child's parents, and, concurrently, toidentify, recruit, process, and approve a qualified family for an adoption,unless:
(i) The child is being cared for by a relative;
(ii) The department has documented in the case plan (whichshall be available for court review) a compelling reason for determining thatfiling such a petition would not be in the best interests of the child; or
(iii) The department has not provided to the family of thechild, consistent with the time period in the case plan, such services as thedepartment deems necessary for the safe return of the child to the child'shome, if reasonable efforts are required to be made with respect to the child;or
(f) The court shall possess continuing jurisdiction inproceedings under this section and, in the case of children who are continuedin foster care or, pursuant to §§ 42-72-14 and 14-1-11.1, continuedin an out-of-home program which provides services for children withdisabilities, including, but not limited to, residential treatment programs,residential counseling centers, and therapeutic foster care programs, shallconduct a further permanency hearing whenever it deems necessary or desirable,but at least every twelve (12) months. Nothing herein shall be construed topreclude the department from filing a termination of parental rights petitionpursuant to the provisions of chapter 7 of title 15.
(g) Each child continued in foster care shall be afforded apermanency hearing not less frequently than every twelve (12) months during thecontinuation of foster care, which hearing shall determine the permanency planfor the child that includes whether, and if applicable when, the child will bereturned to the parent or placed for adoption with the state filing a petitionfor termination of parental rights, or referred for legal guardianship, or thatthe child be placed in another planned permanent living arrangement in caseswhere the department has documented to the court a compelling reason fordetermining that it would not be in the best interests of the child to returnhome, or be referred for termination of parental rights, or be placed foradoption, or be placed with a fit and willing relative, or with a legalguardian.
(h) For the purpose of this chapter, "entering foster care"is defined as placement of a child in the temporary custody or custody of thedepartment in a foster family home or in a private or public child carefacility which is licensed by the state.