1. A.

   1. 1. The court shall conduct a permanency hearing on behalf of a child no later than:

      1. a. six (6) months after placing the child in out-of-home placement and every six (6) months thereafter, and
      2. b. thirty (30) days after a determination by the court that reasonable efforts are not required pursuant to the provisions of Section 7003-4.6 of this title and every six (6) months thereafter.

   2. 2. A child shall be considered to have entered out-of-home placement on the earlier of:

      1. a. the adjudication date, or
      2. b. the date that is sixty (60) days after the date on which the child is removed from the home.
2. B. A permanency hearing may be held concurrently with a dispositional or review hearing. All permanency decisions must be in writing and in accordance with the health, safety or welfare of the child and the long-term best interests of the child.
3. C. In addition to the parties, adequate prior written notice of permanency hearings, as determined by the Department of Human Services, pursuant to rules promulgated by the Commission for Human Services, shall be provided by the Department to the current foster parents and an opportunity to be heard at such hearing shall be provided by the court to the current foster parents of a child, the child's guardian ad litem, and to any preadoptive parent or relative providing care for the child. Such notice and opportunity to be heard shall not be construed as requiring any foster parent, preadoptive parent or relative to be made a party to such action.

4. D. At the hearing, the court shall determine the most suitable permanency plan based on the child’s need for a permanent placement as indicated by the recommended permanency plan or other evidence submitted. The court shall determine whether:

   1. 1. The child should be returned home immediately or by a specified date not to exceed three (3) months. An order entered pursuant to the provisions of this paragraph shall enumerate the specific factors, conditions, or expected behavioral changes which must occur by the specified date before the child may be returned home. Before a child may be returned home, the court must find that:

      1. a. the parent, legal guardian or custodian has made marked progress towards reunification with the child, and has maintained a close and positive relationship with the child, and
      2. b. the parties have complied with, performed and completed those terms and conditions of the court-ordered individual treatment and service plan and have corrected those conditions which caused the child to be adjudicated which are essential and fundamental to the health, safety and welfare of the child;
   2. 2. A plan for the guardianship or kinship guardianship of the child should be approved;
   3. 3. The child should be placed in a planned permanent living arrangement if the Department has documented a compelling reason for the court to determine that it would not be in the best interests of the child to return home, or to be placed for adoption or with a fit and willing relative or a legal guardian;
   4. 4. A petition to terminate the rights of the parents of the child should be filed and the child placed for adoption; or
   5. 5. Any other out-of-home placement in which the child is placed continues to be safe and appropriate and in the best interests of the child.
5. E. The court shall enter an order for completion of all steps necessary to finalize the permanent placement of the child.

Laws 1998, SB 1224, c. 421, § 21, emerg. eff. June 11, 1998; Amended by Laws 2000, HB 2452, c. 374, § 20, emerg. eff. July 1, 2000 (superseded document available); Amended by Laws 2002, SB 1661, c. 237, § 3, emerg. eff. May 9, 2002 (superseded document available); Amended by Laws 2004, SB 1340, c. 452, § 3, eff. November 1, 2004 (superseded document available).