§ 63-7-20. Definitions.
§ 63-7-25. Children in out-of-home care, age or developmentally appropriate activities.
§ 63-7-735. Right to become a licensed kinship foster parent.
§ 63-7-1700. Permanency planning.
§ 63-7-2320. Kinship Foster Care Program.
§ 63-7-2330. Placement with Relatives.
§ 63-7-2530. Filing procedures.

• Review status of child placed in foster care and progress being made toward child’s return home or toward other permanent plan approved at merits hearing. § 63-7-1700(A).
• Determine if DSS has made reasonable efforts to finalize the permanent plan for the child.
• The court must approve a plan for achieving permanence for the child and order one of the following permanent plans: reunification with parents, extension or modification of the placement plan for the purpose of reunification, TPR and adoption, relative or non-relative custody or guardianship, or another planned permanent living arrangement.
• If defendant was not served for the merits hearing, but is subsequently served, including by publication, the initial permanency planning hearing may serve as the defendant’s merits and permanency planning hearing.

• Initial permanency planning hearing must be held within 12 months of child’s entry into foster care. § 63-7-1700(A).
• Generally, permanency planning hearings must be held every 12 months for each child in foster care. (See Subsequent Hearings below.)

• All parties must be served with the motion (or summons and petition if § 63-9-330 applies), along with supplemental report and Foster Care Review Board’s recommendations, at least 10 days before hearing. § 63-7-1700.
• DSS initiates subsequent permanency planning hearings in the same manner as the initial permanency planning hearing.

• DSS must attach a supplemental report to the motion which, pursuant to § 63-7-1700(B), must at least include:
  
  • information supporting findings required in § 63-7-1700(C) through (H);
  • the recommended permanent plan and suggested timetable for attaining permanence;
  • a statement of whether or not the court has authorized DSS to forego reasonable efforts pursuant to § 63-7-1640;
  • the most recent written report of the local foster care review board;
  • results of consultation with children 14 or older, including child's placement request; and
  • steps DSS is taking to facilitate caregiver's compliance with the reasonable and prudent parent standard, pursuant to §§ 63-7-20 and -25, and DSS's efforts to determine whether the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities.
  • that information necessary to support the determinations required pursuant to § 63-7-1740.

• If child remains in foster care after initial permanency planning hearing, subsequent permanency planning hearings must be held as follows:
  
  • If child was retained in foster care and DSS was required to initiate TPR proceedings, the TPR hearing may serve as the next permanency planning hearing IF held within 12 months of the previous permanency planning hearing.
  • If the court ordered the child retained in foster care under an extended or modified placement plan, the next permanency planning hearing must be held within 18 months of child’s entry into foster care and no later than 6 months from the date of the last court order. If the court does not return the child to the parent, the court must select a permanent plan other than another extension or modification of the placement plan for reunification purposes.
• DSS initiates subsequent permanency planning hearings in the same manner as the initial permanency planning hearing, by filing and serving a motion for permanency planning, along with DSS’s supplemental report and the Foster Care Review Board’s recommendation, on all named parties at least 10 days before the hearing.

• Determine timeliness of hearing.
  
  • Initial permanency planning hearing must be held within 12 months of child’s entry into foster care, and future permanency planning hearings must be held at least annually.§ 63-7-1700(I)(5).
  • If the court ordered the child retained in foster care under an extended or modified placement plan, the next permanency planning hearing must be held within 6 months of the date of the last court order. § 63-7-1700(I)(2).
• Explain purpose of hearing.
• Identify parties and other persons present.
• Determine if the Indian Child Welfare Act (ICWA) applies.
  
  • Applies to Native American children who are members or qualify to be members of a federally recognized Indian tribe.
  • If applicable, see ICWA checklist. DSS shall not schedule any family court hearing until at least ten days have elapsed following the party's receipt of notice. 25 U.S.C.A. §1912(a).
• Ensure proper service and notice to necessary parties.
• Advise parties of their rights.
• If child is not a U.S. citizen, but is to remain in the U.S.:
  
  • issue order determining child's eligibility for Special Immigrant Juvenile Status (SIJS) or another immigration benefit if appropriate and ensure that child and/or non offending parent is considered for U Nonimmigrant Status (U Visa) where appropriate. (Refer to the U.S. Citizenship & Immigration Services website at http://www.USCIS.gov for additional information.)
  • if the child is in DSS custody, order DSS to ensure that child's immigration applications are filed within a reasonable time period (60-90 days) with the assistance of competent immigration counsel.
  • in cases where the child is not in the legal and physical custody of DSS, order the parent or legal guardian to ensure that child's immigration applications are filed within a reasonable time period (60-90 days) with the assistance of competent immigration counsel.
  • retain jurisdiction until SIJS petition is adjudicated and hold additional review hearings for the purpose of determining status of any immigration petitions.
  • if child's plan includes adoption, ensure that applicable Hague Convention and other immigration and international law requirements are being followed in relation to TPR and placement with adoptive family.

• Review proposed plans of DSS, the GAL, and the local foster care review board and address the recommendations of each in the record. § 63-7-1700(C)(1).
• DSS is required to attach a supplemental report to the motion or summons and petition which must, pursuant to § 63-7-1700(B), at least include:
  
  • information supporting findings required in § 63-7-1700(C) through (H);
  • the recommended permanent plan and suggested timetable for attaining permanence;
  • a statement of whether or not the court has authorized DSS to forego reasonable efforts pursuant to § 63-7-1640;
  • the most recent written report of the local foster care review board;
  • results of consultation with children 14 or older, including child's placement request; and
  • steps DSS is taking to facilitate caregiver's compliance with the reasonable and prudent parent standard, pursuant to §§ 63-7-20 and -25, and DSS's efforts to determine whether the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities.
  • that information necessary to support the determinations required pursuant to § 63-7-1740.

• Review DSS's efforts to facilitate caregiver's compliance with the 'reasonable and prudent parent standard' pursuant to §§ 63-7-20 and -25; and
• Review DSS's efforts to determine whether the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities. § 63-7-1700(C)(3).

• Court must make a finding as to whether DSS has made reasonable efforts to finalize a permanent plan for the child.
  
  • This finding must be made within 12 months of the child’s entry into foster care and every 12 months thereafter.
  • If the finding of reasonable efforts to finalize the permanent plan is not made, the child becomes ineligible under Title IV-E at the end of the month in which the judicial determination was required to have been made, and remains ineligible until such a judicial finding is made.
• Clear findings should be issued regarding each defendant’s level of compliance with the plan.
• Before approving placement of child with a relative not licensed as a foster parent who indicates to the court he or she does not wish to pursue licensure, court must find whether DSS complied with the requirements of §§ 63-7-735, 63-7-2320(C) and (E), and 63-7-2330. § 63-7-735(C).
• If approving a plan of another planned permanent living arrangement (APPLA), the court must ask the child about his or her desired placement plan, and find:
  
  • compelling reasons for approval of the plan, including compelling reasons why reunification, custody or guardianship with a fit and willing relative, and TPR and adoption are not in the child's best interest; and
  • the plan of APPLA is and continues to be in the child's best interest. § 63-7-1700(C)(2).

• Can child be safely returned home (Reunification with parent)? § 63-7-1700(D)
  • If court determines that the parent has remedied the conditions that caused the removal and the return of child would not cause unreasonable risk of harm to child’s life, physical health, safety, or mental well-being:
    
    • Court shall order child returned to parent;
    • Court may order specified period of supervision and services up to 12 months.
• If the child cannot be safely returned home at time of hearing, can the child return home within a specified reasonable time not to exceed 18 months after child was placed in foster care? § 63-7-1700(F).
  • The court may order extension of approved placement plan or compliance with a modified plan.
  • Extension for reunification may not continue beyond 18 months after child was placed in foster care.
  • Prior to granting extension, court must find:
    
    • parent has demonstrated due diligence and a commitment to correcting the conditions that caused removal so that the child could return home in a timely fashion;
    • there are specific reasons to believe that the conditions that caused removal will be remedied by the end of the extension;
    • return of the child to the parent would not cause an unreasonable risk of harm to the child’s life, physical health, safety, or mental well‑being;
    • at the time of the hearing, initiation of TPR is not in the child’s best interest; and
    • the child’s best interests will be served by the extended or modified plan.
• If the child cannot be safely returned home, either now or later, and TPR is not in the child’s best interest, can the child be placed with a suitable relative, non-relative, or fictive kin? § 63-7-1700(G).
  • If after assessing viability of adoption, DSS demonstrates that TPR is not in child’s best interests, the court may award custody and/or legal guardianship to a suitable, fit and wiling relative, on-relative, or fictive kin after finding it to be in the child’s best interest.
  • The court must consider DSS home study on individual for whom DSS is recommending for custody before awarding custody or legal guardianship.
  • The court may order supervision and services up to 12 months, and
  • The court may authorize a period of visitation or trial placement prior to receiving home study.
• Should DSS be required to file an action for TPR?
  • If none of the above situations apply and the court determines that child should not be returned to child’s parent at time of hearing, the court order shall require DSS to file a petition for TPR within 60 days of receipt of order. § 63-7-1700(E).
  • DSS must exercise and document every reasonable effort to promote and expedite adoptive placement and adoption of the child, including a thorough adoption assessment and child specific recruitment.
• If DSS’s plan is not reunification with the parents; custody or guardianship with a fit and willing relative; or TPR and adoption, the court may only approve the plan of another planned permanent living arrangement (APPLA) if the child is 16 or older, and after asking the child about his or her desired placement plan and finding:
  • compelling reasons for approval of the plan, including compelling reasons why reunification, custody or guardianship with a fit and willing relative, and TPR and adoption are not in the child's best interest; and
  • that the plan of APPLA is and continues to be in the child's best interests. § 63-7-1700(C)(2).

• Specific findings for the permanent plan in accordance with § 63-7-1700
• If court does not order return of the child, the order must specify: § 63-7-1700(H).
  
  • what services have been provided to or offered to the parents to facilitate reunification;
  • the compliance level by all parties with the placement plan;
  • the extent to which the parents have visited or supported the child and any reasons why visitation or support has not occurred or has been infrequent;
  • whether previous services should continue and whether additional services are needed to facilitate reunification, identifying the services and specifying the expected date for completion, which must be no later than 18 months from the date the child was placed in foster care;
  • whether return of the child is expected and identification of the changes the parent must make in circumstances, conditions, or behavior to remedy the causes of the child’s placement or retention in foster care;
  • whether the child’s foster care is to continue for a specified time and, if so, how long;
  • if the child is 16 or older, the services the child needs to transition to independent living;
  • whether the child has provided written authorization to remain in foster care after the child's 18th birthday and whether the court finds that it would be in the child's best interests to remain in foster care after the child's 18th  birthday for a period not to exceed the child's 21st birthday pursuant to Article 8;
  • whether the child’s current placement is safe and appropriate;
  • whether DSS has made reasonable efforts to assist the parents in correcting the causes of removal, unless the court previously authorized DSS to forego reasonable efforts pursuant to § 63-7-1640; and
  • steps DSS is taking to promote and expedite adoptive placement, including documentation of child specific recruitment efforts.
• If court is approving placement of child with a relative not licensed as a foster parent, order must contain finding whether DSS informed the relative of the right to become licensed, procedures for obtaining licensure, and benefits of being licensed, including eligibility for financial assistance and supportive services. § 63-7-735(B).