1. A.

   1. 1. The court shall conduct a permanency hearing pursuant to this section to consider the issue of permanency for the child no later than:

      1. a. twelve (12) months after placing a child in out-of-home placement, or
      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.

   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. During the hearing, the court shall consider the child's need for a secure and permanent placement in light of any permanency plan or evidence submitted to the court. Upon completion of the permanency hearing, the court shall enter written findings and make a determination which will best serve the long-term interests of the child's health, safety or welfare.
3. C. In addition to the parties, adequate prior written notice of a permanency hearing and an opportunity to be heard at such hearing shall be provided by the Department of Human Services to the present 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 permanency hearing, the court shall consider at a minimum, for the health , safety or welfare of the child and in the best interests of the child, whether:

   1. 1. The child should continue in out-of-home placement for a specified period;

   2. 2. The child should be returned home. If returning home remains the plan for the child, the court must find that:

      1. a. the parent has made marked progress towards reunification with the child,
      2. b. the parties have complied with, performed, and completed the terms and conditions of the court-ordered individual treatment and service plan which are essential and fundamental to the health, safety or welfare of the child, as determined by the court, and have corrected the conditions which caused the child to be adjudicated,
      3. c. the parent, legal guardian or custodian has maintained a close and positive relationship with the child, and
      4. d. the child is likely to return home within the near future pursuant to the provisions of subsection E of this section;
   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 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 will be filed and the child placed for adoption; or
   5. 5. If the child has been placed in an out-of-home placement, the placement continues to be safe and appropriate and in the best interests of the child.

5. E. At the permanency hearing, the court shall enter an order to:

   1. 1. Return the child to the child's home ;
   2. 2. Set a specific date for the return of the child and continue placement of the child for an additional period of time not to exceed three (3) months, at which time the court shall hold a hearing to consider modification of its permanency order; provided, however, an order entered under this paragraph shall enumerate the specific factors, conditions, or expected behavioral changes which must occur within the additional three-month period before the child may be returned to the home. The reasons for any such extension shall be placed in the record of the court;
   3. 3. Approve the plan for the guardianship or kinship guardianship of the child;
   4. 4. Order the placement of the child 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 be returned home or to be placed for adoption or with a fit and willing relative or a legal guardian; or
   5. 5. Complete 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).