§ 40-11-12.2 - Permanency plan – Order of court.
SECTION 40-11-12.2
§ 40-11-12.2 Permanency plan – Orderof court. – (a) At every regularly scheduled family court review and/or permanency hearingof any child found to be abused or neglected under § 40-11-12 or dependentunder § 14-1-34, the department shall present a written reunificationand/or permanency plan to the court for approval. The plan shall includewhether, and if applicable when, the child will be returned to the parent,placed for adoption, referred for legal guardianship, placed with a fit andwilling relative, or (in cases whether the department can show the courtcompelling reasons why the foregoing placements or referrals would not be inthe child's best interests) placed in another planned permanent livingarrangement. The plan shall clearly set forth the goals and obligations of thedepartment, parent(s), child and all other parties. The plan may be approvedand/or modified by a justice of the family court and incorporated into theorders of the court, at the discretion of the court.
(b) In determining reasonable efforts to be made with respectto a child, and in making such reasonable efforts, the child's health andsafety shall be the paramount concern.
(c) Except as provided in subsection (e), reasonable effortsshall be made to preserve and reunify families:
(i) Prior to the placement of a child in foster care, toprevent or eliminate the need for removing the child from the child's homewhich efforts shall include placement of the child with a blood relative orother family member if such placement is in the best interest of the child; and
(ii) To make it possible for a child to safely return to thechild's home.
(d) If continuation of reasonable efforts of the typedescribed in subsection (c) is determined to be inconsistent with thepermanency plan for the child, reasonable efforts shall be made to place thechild in a timely manner in accordance with the permanency plan, and tocomplete whatever steps are necessary to finalize the permanent placement ofthe child.
(e) Reasonable efforts of the type described in subsection(c) shall not be required to be made with respect to a parent of a child if thecourt has determined that:
(i) The parent has subjected any child to conduct of a cruelor abusive nature;
(ii) The parent has:
(I) Committed murder of another child of the parent; or
(II) Subjected the child to aggravating circumstances, whichcircumstances shall be abandonment, torture, chronic abuse and sexual abuse; or
(III) Committed voluntary manslaughter of another child ofthe parent; or
(IV) Aided or abetted, attempted, conspired, or solicited tocommit such a murder or such a voluntary manslaughter; or
(V) Committed a felony assault that results in serious bodilyinjury to the child or another child of the parent; or
(iii) The parental rights of the parent to a sibling havebeen terminated involuntarily.
(f) If reasonable efforts of the type described in subsection(c) are not made with respect to a child as a result of a determination made bythe court in accordance with subsection (e);
(i) A permanency hearing shall be held for the child withinthirty (30) days after the determination; and
(ii) Reasonable efforts shall be made to place the child in atimely manner in accordance with the permanency plan, and to complete whateversteps are necessary to finalize the permanent placement of the child; and
(g) Reasonable efforts to place a child for adoption or witha legal guardian may be made concurrently with reasonable efforts of the typedescribed in subsection (c).
(h) In the case of a child with respect to whom thepermanency plan is adoption or placement in another permanent home, thepermanency plan shall include documentation of the steps the department istaking to find an adoptive family or other permanent living arrangement for thechild, to place the child with an adoptive family, a fit and willing relative,a legal guardian, or in another planned permanent living arrangement, and tofinalize the adoption or legal guardianship. At a minimum, such documentationshall include child specific recruitment efforts such as the use of state,regional, and national adoption exchanges including electronic exchangesystems. The department shall not act, or fail to act, to deny or delayplacement of a child for adoption when an approved family is available outsideof Rhode Island and no other prospective pre-adoptive home is available.