Introduction
Judicial reviews, although not statutorily required, can be helpful and are encouraged in monitoring the compliance or non-compliance of parties in the case and in modifying plans as needed. In addition, this hearing can be used to correct, adjust and update the placement plan and return the child home, if appropriate.
Quick View
§ 63-7-1670(C)(1). Treatment plan.
§ 63-7-1700(J),(K). Permanency planning.
§ 63-7-2580(A). Permanency of order.
- To determine whether parties, including DSS, are in compliance with previous orders and reasonable efforts.
- To serve as a request to the court for modifications to the placement plan based upon change of circumstances or new information obtained.
- To serve as a court explanation to any party that is not in compliance with previously issued orders and to reiterate the consequences of non-compliance.
- To review the progress of the implementation of a plan for permanent placement following TPR. § 63-7-2580(A).
- A judicial review may be scheduled in any of the following ways:
- Automatically scheduled at merits or permanency planning hearings.
- if this is a highly contested case; or
- if the permanent plan is TPR.
- Scheduled at the discretion of parties. Parties may file motion to schedule a judicial
review:
- if placement plan needs modification due to unavailable services or referrals;
- if additional services are needed by parent or child; or
- to reiterate consequences of non-compliance if a party is slow to comply or not complying with placement plan.
- Automatically scheduled at merits or permanency planning hearings.
- Prior to the initial permanency planning hearing, best practices are to schedule reviews in each case at 90 day intervals.
Judicial review is also available to a party who has exhausted all administrative remedies available within the agency and who is aggrieved by a final decision in a contested case.
- § 1-23-380. Judicial review upon exhaustion of administrative remedies.
- § 63-7-1440. Judicial review. An appellant seeking judicial review shall file a petition in the family court within 30 days after the final decision of DSS. The appellant shall serve a copy of the petition upon DSS. The family court shall conduct a judicial review in accordance with the standards of review provided for in § 1-23-380. The court may enter judgment upon the pleadings and a certified transcript of the record which must include the evidence upon which the findings and decisions appealed are based. The judgment must include a determination of whether the decision of DSS that a preponderance of evidence shows that the appellant abused or neglected the child should be affirmed or reversed. The appellant is not entitled to a trial de novo in the family court.