Search terms: COUNTY SHERIFF |
IN THE HOUSE OF REPRESENTATIVES
BY HEALTH AND WELFARE COMMITTEE
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AN ACT
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CODE, TO PROVIDE FOR RETENTION OF JURISDICTION UNDER CERTAIN CIRCUM-
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LISH PROVISIONS REGARDING PLACEMENT OF CERTAIN CHILDREN IN QUALIFIED
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CERTAIN INFORMATION AT HEARINGS REGARDING CHILDREN PLACED IN QUALI-
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FIED RESIDENTIAL TREATMENT PROGRAMS AND TO MAKE TECHNICAL CORRECTIONS;
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CHILD PLACED IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM SHALL INCLUDE
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AN ASSESSMENT REPORT AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING
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INFORMATION AT HEARINGS REGARDING CHILDREN PLACED IN QUALIFIED RESI-
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DENTIAL TREATMENT PROGRAMS, TO PROVIDE FOR AN EXTENSION OF FOSTER CARE
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UNDER CERTAIN CIRCUMSTANCES, AND TO MAKE TECHNICAL CORRECTIONS.
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amended to read as follows:
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16-1602. DEFINITIONS. For purposes of this chapter:
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(1) "Abused" means any case in which a child has been the victim of:
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(a) Conduct or omission resulting in skin bruising, bleeding, mal-
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nutrition, burns, fracture of any bone, head injury, soft tissue
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swelling, failure to thrive or death, and such condition or death is not
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justifiably explained, or where the history given concerning such con-
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dition or death is at variance with the degree or type of such condition
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or death, or the circumstances indicate that such condition or death may
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not be the product of an accidental occurrence; or
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(b) Sexual conduct, including rape, molestation, incest, prostitu-
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tion, obscene or pornographic photographing, filming or depiction for
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commercial purposes, human trafficking as defined in section 18-8602,
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threatening the child's health or welfare or mental injury to the child.
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(2) "Abandoned" means the failure of the parent to maintain a normal
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parental relationship with his child including, but not limited to, reason-
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able support or regular personal contact. Failure to maintain this rela-
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tionship without just cause for a period of one (1) year shall constitute
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prima facie evidence of abandonment.
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(3) "Adaptive equipment" means any piece of equipment or any item that
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is used to increase, maintain or improve the parenting capabilities of a par-
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ent with a disability.
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(4) "Adjudicatory hearing" means a hearing to determine:
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(a) Whether the child comes under the jurisdiction of the court pur-
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suant to the provisions of this chapter;
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(b) Whether continuation of the child in the home would be contrary to
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the child's welfare and whether the best interest of the child requires
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protective supervision or vesting legal custody of the child in an au-
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thorized agency.
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(5) "Age of developmentally appropriate" means:
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(a) Activities that are generally accepted as suitable for children of
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the same chronological age or level of maturity or that are determined
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to be developmentally appropriate for a child, based on the development
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of cognitive, emotional, physical and behavioral capacities that are
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typical for an age or age group; and
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(b) In the case of a specific child, activities or items that are suit-
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able for the child based on the developmental stages attained by the
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child with respect to the cognitive, emotional, physical and behavioral
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capacities of the child.
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(6) "Aggravated circumstances" includes, but is not limited to:
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(a) Circumstances in which the parent has engaged in any of the follow-
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ing:
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(i) Abandonment, chronic abuse or chronic neglect of the child.
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Chronic neglect or chronic abuse of a child shall consist of abuse
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or neglect that is so extreme or repetitious as to indicate that
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return of the child to the home would result in unacceptable risk
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to the health and welfare of the child.
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(ii) Sexual abuse against a child of the parent. Sexual abuse, for
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the purposes of this section, includes any conduct described in
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section 18-1506, 18-1506A, 18-1507, 18-1508, 18-1508A, 18-6101,
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(iii) Torture of a child; any. Any conduct listed in section
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sults in serious or great bodily injury to a child; voluntary
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manslaughter of a child, or aiding or abetting such voluntary
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manslaughter, soliciting such voluntary manslaughter or attempt-
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ing or conspiring to commit such voluntary manslaughter;
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(b) The parent has committed murder, aided or abetted a murder, so-
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licited a murder or attempted or conspired to commit murder; or
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(c) The parental rights of the parent to another child have been termi-
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nated involuntarily.
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(7) "Authorized agency" means the department, a local agency, a person,
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an organization, corporation, benevolent society or association licensed
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or approved by the department or the court to receive children for control,
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care, maintenance or placement.
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(8) "Caregiver" means a foster parent with whom a child in foster care
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has been placed or a designated official for a child care institution in
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which a child in foster care has been placed.
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(9) "Case plan hearing" means a hearing to approve, modify or reject the
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(10) "Child" means an individual who is under the age of eighteen (18)
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years.
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(11) "Child advocacy center" or "CAC" means an organization that ad-
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heres to national best practice standards established by the national
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membership and accrediting body for children's advocacy centers and that
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promotes a comprehensive and coordinated multidisciplinary team response to
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allegations of child abuse by maintaining a child-friendly facility at which
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appropriate services are provided. These services may include forensic in-
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terviews, forensic medical examinations, mental health services and other
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related victim services.
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(12) "Circumstances of the child" includes, but is not limited to, the
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joint legal custody or joint physical custody of the child.
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(13) "Commit" means to transfer legal and physical custody.
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(14) "Concurrent planning" means a planning model that prepares for and
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implements different outcomes at the same time.
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(15) "Court" means district court or magistrate's division thereof, or,
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if the context requires, a magistrate or judge thereof.
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(16) "Custodian" means a person, other than a parent or legal guardian,
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to whom legal or joint legal custody of the child has been given by court or-
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der.
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(17) "Department" means the department of health and welfare and its au-
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thorized representatives.
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(18) "Disability" means, with respect to an individual, any mental
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or physical impairment that substantially limits one (1) or more major
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life activity activities of the individual including, but not limited to,
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self-care, manual tasks, walking, seeing, hearing, speaking, learning or
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working, or a record of such an impairment, or being regarded as having such
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an impairment. Disability shall not include transvestism, transsexualism,
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pedophilia, exhibitionism, voyeurism, other sexual behavior disorders, or
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substance use disorders, compulsive gambling, kleptomania or pyromania.
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Sexual preference or orientation is not considered an impairment or disabil-
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ity. Whether an impairment substantially limits a major life activity shall
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be determined without consideration of the effect of corrective or mitigat-
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ing measures used to reduce the effects of the impairment.
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(19) "Family or household member" shall have the same meaning as in sec-
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(20) "Foster care" means twenty-four (24) hour substitute parental care
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for children placed away from their parents or guardians by persons who may
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or may not be related to the children and for whom the state agency has place-
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ment and care responsibility.
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(21) "Foster parent" means a person or persons licensed to provide fos-
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ter care.
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(22) "Grant administrator" means the supreme court or any organization
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or agency as may be designated by the supreme court in accordance with such
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procedures as may be adopted by the supreme court. The grant administrator
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shall administer funds from the guardian ad litem account in accordance with
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the provisions of this chapter.
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(23) "Guardian ad litem" means a person appointed by the court pursuant
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to a guardian ad litem volunteer program to act as special advocate for a
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child under this chapter.
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(24) "Guardian ad litem coordinator" means a person or entity receiving
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moneys from the grant administrator for the purpose of carrying out any of
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(25) "Guardian ad litem program" means the program to recruit, train and
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coordinate volunteer persons to serve as guardians ad litem for abused, ne-
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glected or abandoned children.
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(26) "Homeless," as used in this chapter, shall mean that the child is
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without adequate shelter or other living facilities, and the lack of such
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shelter or other living facilities poses a threat to the health, safety or
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well-being of the child.
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tion that provides education and technical assistance to child advocacy cen-
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ters and to interagency multidisciplinary teams developed pursuant to sec-
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(28) "Law enforcement agency" means a city police department, the pros-
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(29) "Legal custody" means a relationship created by court order, which
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vests in a custodian the following rights and responsibilities:
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(a) To have physical custody and control of the child, and to determine
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where and with whom the child shall live.
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(b) To supply the child with food, clothing, shelter and incidental ne-
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cessities.
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(c) To provide the child with care, education and discipline.
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(d) To authorize ordinary medical, dental, psychiatric, psychologi-
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cal, or other remedial care and treatment for the child, including care
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and treatment in a facility with a program of services for children, and
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to authorize surgery if the surgery is deemed by two (2) physicians li-
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censed to practice in this state to be necessary for the child.
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(e) Where the parents share legal custody, the custodian may be vested
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with the custody previously held by either or both parents.
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(30) "Mental injury" means a substantial impairment in the intellectual
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or psychological ability of a child to function within a normal range of per-
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formance and/or behavior, for short or long terms.
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(31) "Neglected" means a child:
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(a) Who is without proper parental care and control, or subsistence,
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medical or other care or control necessary for his well-being because of
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the conduct or omission of his parents, guardian or other custodian or
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their neglect or refusal to provide them; however, no child whose parent
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or guardian chooses for such child treatment by prayers through spiri-
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tual means alone in lieu of medical treatment shall be deemed for that
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reason alone to be neglected or lack parental care necessary for his
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health and well-being, but this subsection shall not prevent the court
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(b) Whose parents, guardian or other custodian are is unable to dis-
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charge their the responsibilities to and for the child and, as a result
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of such inability, the child lacks the parental care necessary for his
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health, safety or well-being; or
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(c) Who has been placed for care or adoption in violation of law; or
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(d) Who is without proper education because of the failure to comply
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(32) "Permanency hearing" means a hearing to review, approve, reject or
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modify the permanency plan of the department, and to review reasonable ef-
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forts in accomplishing the permanency plan.
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(33) "Permanency plan" means a plan for a continuous residence and main-
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tenance of nurturing relationships during the child's minority.
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(34) "Protective order" means an order issued by the court in a child
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protection case, prior to the adjudicatory hearing, to enable the child to
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an adjudicatory hearing to preserve the unity of the family and to ensure the
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Such an order shall be in the same form and have the same effect as a domes-
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Code. A protective order shall be for a period not to exceed three (3) months
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unless otherwise stated in the order.
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(35) "Protective supervision" is a legal status created by court order
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in a child protective case whereby the child is in the legal custody of his or
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her parent(s), guardian(s) or other legal custodian(s), subject to supervi-
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sion by the department.
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(36) "Psychotropic medication" means a drug prescribed to affect psy-
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chological functioning, perception, behavior or mood. Psychotropic medi-
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cations include, but are not limited to, antidepressants, mood stabilizers,
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antipsychotics, antianxiety medications, sedatives and stimulants.
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(37) "Qualified individual" means a trained professional or licensed
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clinician who is not connected to or affiliated with any placement setting
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in which children are placed by the department and who is not an employee of
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child and family services, unless a waiver has been approved by the autho-
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rized agency.
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(38) "Qualified residential treatment program" means a program that has
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a trauma-informed treatment model designed to address the needs of children
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with serious emotional or behavioral disorders or disturbances, is able to
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implement the treatment identified for the child by the assessment of the
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accredited in accordance with state and federal law.
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(379) "Reasonable and prudent parent standard" means the standard of
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care characterized by careful and sensible parental decisions that main-
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tain the health, safety and best interests of a child while simultaneously
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encouraging the emotional and developmental growth of the child that a care-
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giver shall use when determining whether to allow a child in foster care
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under the responsibility of the state to participate in extracurricular,
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enrichment, cultural or social activities.
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(3840) "Relative" means a child's grandparent, great grandparent,
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aunt, great aunt, uncle, great uncle, brother-in-law, sister-in-law, first
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cousin, sibling and half-sibling.
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(3941) "Residual parental rights and responsibilities" means those
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rights and responsibilities remaining with the parents after the transfer of
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legal custody including, but not necessarily limited to, the right of visi-
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tation, the right to consent to adoption, the right to determine religious
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affiliation, the right to family counseling when beneficial, and the respon-
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sibility for support.
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(402) "Shelter care" means places designated by the department for tem-
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porary care of children pending court disposition or placement.
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(413) "Supportive services," as used in this chapter, shall mean ser-
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vices that assist parents with a disability to compensate for those aspects
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of their disability that affect their ability to care for their child and
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that will enable them to discharge their parental responsibilities. The
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term includes specialized or adapted training, evaluations or assistance
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with effectively using adaptive equipment and accommodations that allow
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parents with a disability to benefit from other services including, but not
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limited to, Braille texts or sign language interpreters.
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amended to read as follows:
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16-1604. RETENTION OF JURISDICTION. (1) Jurisdiction obtained by the
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court under this chapter shall be retained until the child's eighteenth
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birthday, unless terminated prior thereto or extended by the court pursuant
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terminated by an order of termination of parental rights if guardianship
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and/or custody of the child is placed with the department of health and wel-
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fare.
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(2) The parties have an ongoing duty to inquire concerning, and inform
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the court as soon as possible about, any other pending actions or current
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orders involving the child. In the event there are conflicting orders from
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ling.
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amended to read as follows:
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16-1619. ADJUDICATORY HEARING -- CONDUCT OF HEARING -- CONSOLIDA-
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TION. (1) When a petition has been filed, the court shall set an adjudicatory
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hearing to be held no later than thirty (30) days after the filing of the
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petition.
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(2) A pretrial conference shall be held outside the presence of the
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court within three (3) to five (5) days before the adjudicatory hearing.
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delivered to the court with copies to each of the parents and other legal cus-
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todians, guardian ad litem and attorney for the child prior to the pretrial
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conference.
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(3) At the adjudicatory hearing, parents or guardians with disabil-
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ities shall have the right to introduce admissible evidence regarding how
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use of adaptive equipment or supportive services may enable the parent or
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guardian to carry out the responsibilities of parenting the child by ad-
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dressing the reason for the removal of the child.
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(4) If a preponderance of the evidence at the adjudicatory hearing
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shows that the child comes within the court's jurisdiction under this chap-
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shall so decree and in its decree shall make a finding on the record of the
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facts and conclusions of law upon which it exercises jurisdiction over the
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child.
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(5) Upon entering its decree, the court shall consider any information
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relevant to the disposition of the child but in any event shall:
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(a) Place the child under the protective supervision of the department
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for an indeterminate period not to exceed the child's eighteenth birth-
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day; or
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(b) Vest legal custody in the department or other authorized agency
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subject to residual parental rights and subject to full judicial re-
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view by the court and, when contested by any party, judicial approval
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of all matters relating to the custody of the child by the department
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or other authorized agency. If the department has placed the child in
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a qualified residential treatment program, the court shall approve or
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disapprove the placement within sixty (60) days of placement in accor-
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(6) If the court vests legal custody in the department or other autho-
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rized agency, the court shall make detailed written findings based on facts
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in the record that, in addition to the findings required in subsection (4) of
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this section, continuation of residence in the home would be contrary to the
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welfare of the child and that vesting legal custody with the department or
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other authorized agency would be in the best interests of the child. In ad-
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dition, the court shall make detailed written findings based on facts in the
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record as to whether the department made reasonable efforts to prevent the
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placement of the child in foster care, including findings, when appropriate,
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that:
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(a) Reasonable efforts were made but were not successful in eliminating
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the need for foster care placement of the child;
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(b) The department made reasonable efforts to prevent removal but was
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not able to safely provide preventive services;
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(c) Reasonable efforts to temporarily place the child with related per-
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sons were made but were not successful; or
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(d) Reasonable efforts to reunify the child with one (1) or both parents
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were not required because aggravated circumstances were present. If
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aggravated circumstances are found, a permanency hearing for the child
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shall be held within thirty (30) days of the determination of aggravated
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circumstances.
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(7) (a) The court shall also inquire regarding:
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(i) Whether there is reason to believe that the child is an Indian
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child;
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(ii) The efforts that have been made since the last hearing to de-
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termine whether the child is an Indian child; and
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(iii) The department's efforts to work with all tribes of which the
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child may be a member to verify whether the child is a member or el-
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igible for membership.
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(b) In addition, if the court vests legal custody of the child in the
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department or other authorized agency, the court shall inquire as to:
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(i) If the child is of school age, the department's efforts to
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keep the child in the school at which the child is currently en-
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rolled; and
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(ii) If a sibling group was removed from the home, the depart-
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ment's efforts to place the siblings together, or if the depart-
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ment has not placed or will not be placing the siblings together,
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about a plan to ensure frequent visitation or ongoing interac-
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tion among the siblings, unless visitation or ongoing interaction
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would be contrary to the safety or well-being of one (1) or more of
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the siblings.
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(c) If the court vests legal custody of the child in the department
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or other authorized agency and the child is being treated with psy-
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chotropic medication, these additional requirements shall apply:
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(i) The department shall report to the court the medications and
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dosages prescribed for the child and the medical professional who
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prescribed the medication; and
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(ii) The court shall inquire about and may make any additional in-
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quiry relevant to the use of psychotropic medications.
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(8) A decree vesting legal custody in the department shall be binding
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upon the department and may continue until the child's eighteenth birthday.
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(9) A decree vesting legal custody in an authorized agency other than
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the department shall be for a period of time not to exceed the child's eigh-
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teenth birthday and on such other terms as the court shall state in its decree
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to be in the best interests of the child and which the court finds to be ac-
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ceptable to such authorized agency.
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(10) In order to preserve the unity of the family system and to ensure
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the best interests of the child, whether issuing an order of protective su-
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pervision or an order of legal custody, the court may consider extending or
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initiating a protective order as part of the decree. The protective order
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shall be determined as in the best interests of the child and upon a showing
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of continuing danger to the child. The conditions and terms of the protec-
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tive order shall be clearly stated in the decree.
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(11) If the court does not find that the child comes within the juris-
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diction of this chapter pursuant to subsection (4) of this section, it shall
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dismiss the petition.
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(12) Where legal custody of a child is vested in the department, any
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party or counsel for a child may, at or after the disposition phase of an
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adjudicatory hearing, file and serve a written motion to contest matters
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relating to the placement of the child by the department. The hearing must
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be held no later than thirty (30) days from the date the motion was filed. If
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the court approves the placement, the court shall enter an order denying the
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motion. If the court does not approve the placement, the court shall enter
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an order directing the department to identify and implement an alternative
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placement in accordance with applicable law. The court shall consider ev-
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erything necessary or proper in the best interests of the children. The
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court shall consider all relevant factors, which may include:
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(a) The wishes of the child regarding the child's custodian;
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(b) The wishes of the child's parent or parents regarding the child's
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custody, if appropriate;
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(c) The interaction and interrelationship of the child with his parent
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or parents or foster parent or foster parents, and the child's siblings;
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(d) The child's adjustment to his home, school and community;
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(e) The character and circumstances of all individuals involved;
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(f) The need to promote continuity and stability in the life of the
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child; and
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Code, whether or not in the presence of the child, or a conviction for
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lewd and lascivious conduct or felony injury to a child.
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hereby amended by the addition thereto of a NEW SECTION, to be known and des-
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16-1619A. PLACEMENT OF A CHILD IN A QUALIFIED RESIDENTIAL TREATMENT
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PROGRAM. (1) Where legal custody of a child is vested in the department,
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and the department places the child in a qualified residential treatment
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program, the department shall file a notice of the placement with the court
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within seven (7) days of the placement. The notice shall identify the place-
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ment and the date of the placement.
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(2) Within thirty (30) days of the date of placement, a qualified indi-
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vidual shall conduct a placement assessment and prepare a written assessment
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report. The qualified individual shall:
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(a) Assess the strengths and needs of the child using an age-appropri-
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ate, evidence-based, validated, and functional assessment tool;
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(b) Determine whether the needs of the child can be met with family mem-
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bers or through placement in a foster family home or, if not, the spe-
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cialized setting that will provide the most effective and appropriate
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level of care for the child in the least restrictive environment and be
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consistent with the short-term and long-term goals for the child, as set
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forth in the case plan or permanency plan currently in effect;
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(c) Develop a list of child-specific short-term and long-term mental
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and behavioral health goals;
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(d) Work in conjunction with the family of, and the permanency team for,
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the child while conducting the assessment; and
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(e) Prepare an assessment specifying:
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(i) Why the needs of the child cannot be met by the family of the
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child or in a foster home; and
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(ii) Why the recommended placement in a qualified residential
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treatment program is the setting that will provide the most effec-
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tive and appropriate level of care in the least restrictive envi-
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ronment and how that placement is consistent with the short-term
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and long-term goals for the child, as set forth in the case plan or
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the permanency plan currently in effect.
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(3) The department shall prepare a written case plan for the child or
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amend the case plan if it has been previously ordered by the court and shall
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include the assessment report of the qualified individual.
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(4) Within sixty (60) days of the start of each placement in a qualified
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residential treatment program, the court shall:
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(a) Consider the assessment, determination, and documentation made by
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the qualified individual;
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(b) Determine whether the needs of the child can be met through place-
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ment in a foster family home or, if not, whether placement in a quali-
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fied residential treatment program provides the most effective and ap-
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propriate level of care for the child in the least restrictive environ-
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ment and whether that placement is consistent with the short-term and
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long-term goals for the child, as specified in the permanency plan for
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the child; and
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(c) Approve or disapprove the placement.
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(5) The assessment by the qualified individual and the court's deter-
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mination to approve or disapprove the placement in a qualified residential
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treatment program shall be made part of the case plan for the child. If the
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court approves the placement in a qualified residential treatment program,
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the court shall order the amended case plan for the child.
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amended to read as follows:
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16-1620. FINDING OF AGGRAVATED CIRCUMSTANCES -- PERMANENCY PLAN --
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HEARING. (1) After a judicial determination that reasonable efforts to re-
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turn the child to his home are not required because aggravated circumstances
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were found to be present, the court shall hold a permanency hearing within
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thirty (30) days after the finding, and every twelve (12) months thereafter
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for as long as the court has jurisdiction. The department shall prepare a
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permanency plan and file the permanency plan with the court at least five (5)
23
days prior to the permanency hearing. If the permanency plan has a goal of
24
termination of parental rights and adoption, the department shall file the
25
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of the permanency plan shall be delivered to the parents and other legal
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guardians, prosecuting attorney or deputy attorney general, the guardian ad
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litem and attorney for the child.
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(2) The permanency plan shall have a permanency goal of termination of
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parental rights and adoption, guardianship or, for youth age sixteen (16)
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years and older only, another planned permanent living arrangement and shall
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set forth the reasonable efforts necessary to finalize the permanency goal.
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(3) The permanency plan shall also:
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(a) Identify the services to be provided to the child, including ser-
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vices to identify and meet any educational, emotional, physical or de-
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velopmental needs the child may have, to assist the child in adjusting
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to the placement or to ensure the stability of the placement;
38
(b) Address all options for permanent placement of the child, including
39
consideration of options for in-state and out-of-state placement of the
40
child;
41
(c) Address the advantages and disadvantages of each option and include
42
a recommendation as to which option is in the child's best interests;
43
(d) Specifically identify the actions necessary to implement the rec-
44
ommended option;
45
(e) Specifically set forth a schedule for accomplishing the actions
46
necessary to implement the permanency goal;
47
(f) Address the options for maintaining the child's connection to the
48
community, including individuals with a significant relationship to
49
the child, and organizations or community activities with which the
11
1
child has a significant connection. This shall also include the efforts
2
made to ensure educational stability for the child, the efforts to keep
3
the child in the school in which the child is enrolled at the time of
4
placement or the reasons why remaining in that school is not in the best
5
interests of the child;
6
(g) Document that siblings were placed together, or, if siblings were
7
not placed together, document the efforts made to place siblings to-
8
gether, the reasons why siblings were not placed together, and a plan
9
for ensuring frequent visitation or ongoing interaction between the
10
siblings, unless visitation or ongoing interaction would be contrary to
11
the safety or well-being of one (1) or more of the siblings;
12
(h) For youth age fourteen (14) years and older:
13
(i) Identify the services needed to assist the youth to make the
14
transition from foster care to successful adulthood; and
15
(ii) Document the youth's rights in regard to his education,
16
health, visitation, court participation and receipt of an an-
17
nual credit report, including a signed acknowledgment by the
18
department that the youth was provided with a written copy of
19
these rights and that the rights were explained to the youth in an
20
age-appropriate or developmentally appropriate manner;
21
(i) For youth age sixteen (16) years and older with a proposed perma-
22
nency goal of another planned permanent living arrangement, document:
23
(i) The intensive, ongoing, and, as of the date of the hearing,
24
unsuccessful efforts made to place the youth with a parent, in an
25
adoptive placement, in a guardianship, or in the legal custody of
26
the department in a placement with a fit and willing relative, in-
27
cluding an adult sibling;
28
(ii) Why another planned permanent living arrangement is the best
29
permanency plan for the youth and compelling reasons why, as of
30
the date of the permanency hearing, it would not be in the best in-
31
terests of the youth to be placed permanently with a parent, in an
32
adoptive placement, in a guardianship, or in the legal custody of
33
the department in a placement with a fit and willing relative, in-
34
cluding an adult sibling;
35
(iii) The steps that the department has taken to ensure that the
36
youth's foster parents or child care institution are following the
37
reasonable and prudent parent standard when determining whether
38
to allow the youth in their care to participate in extracurricu-
39
lar, enrichment, cultural and social activities; and
40
(iv) The opportunities provided to the youth to engage in age-ap-
41
propriate or developmentally appropriate activities;
42
(j) If there is reason to believe the child is an Indian child and there
43
has been no final determination as to the child's status as an Indian
44
child, document:
45
(i) The efforts made to determine whether the child is an Indian
46
child; and
47
(ii) The department's efforts to work with all tribes of which the
48
child may be a member to verify whether the child is a member or el-
49
igible for membership; and
12
1
(k) Identify the prospective adoptive parents, if known; if the
2
prospective adoptive parents are not known, the department shall amend
3
the plan to name the proposed adoptive parents as soon as such persons
4
become known.
5
(4) The court shall hold a permanency hearing to determine whether the
6
best interests of the child is are served by adopting, rejecting or modifying
7
the permanency plan proposed by the department. At each permanency hearing:
8
(a) For youth age twelve (12) years and older, unless good cause is
9
shown, the court shall ask the youth about his desired permanency out-
10
come and consult with the youth about the youth's his current permanency
11
plan;
12
(b) If there is reason to believe that the child is an Indian child and
13
there has not been a final determination regarding the child's status as
14
an Indian child, the court shall:
15
(i) Inquire about the efforts that have been made since the last
16
hearing to determine whether the child is an Indian child; and
17
(ii) Determine that the department is using active efforts to work
18
with all tribes of which the child may be a member to verify whether
19
the child is a member or eligible for membership.;
20
(c) If the child is being treated with psychotropic medication, these
21
additional requirements shall apply:
22
(i) The department shall report to the court the medication and
23
dosage prescribed for the child and the medical professional who
24
prescribed the medication; and
25
(ii) The court shall inquire as to, and may make any additional
26
inquiry relevant to, the use of psychotropic medication.; and
27
(d) If a child is in the legal custody of the department and the court
28
has approved placement of the child in a qualified residential treat-
29
ment program, then at each hearing pursuant to this section and each
30
31
shall document:
32
(i) That ongoing assessment of the strengths and needs of the
33
child continues to support the determination that the needs of
34
the child cannot be met through placement in a foster family home,
35
that the placement in a qualified residential treatment program
36
provides the most effective and appropriate level of care for the
37
child that is in the least restrictive environment, and that the
38
placement is consistent with the short- and long-term goals for
39
the child, as specified in the permanency plan for the child;
40
(ii) The specific treatment or service needs that will be met for
41
the child in the placement and the length of time the child is ex-
42
pected to need the treatment or services; and
43
(iii) The efforts made by the department to prepare the child to
44
return home or to be placed with a fit and willing relative, with
45
a legal guardian, with an adoptive parent, or in a foster family
46
home.
47
(5) Notice of the permanency hearing shall be provided to the parents
48
and other legal guardians, prosecuting attorney or deputy attorney general,
49
guardian ad litem, attorney for the child, the department and foster par-
13
1
ents; provided however, that foster parents are not thereby made parties to
2
the child protective act action.
3
(6) The permanency plan as approved by the court shall be entered into
4
the record as an order of the court. The order may include interim and fi-
5
nal deadlines for implementing the permanency plan and finalizing the perma-
6
nency goal.
7
(7) For youth with a proposed or current permanency goal of another
8
planned permanent living arrangement, at each permanency hearing the court
9
shall make written, case-specific findings that as of the date of the perma-
10
nency hearing another planned permanent living arrangement is the best per-
11
manency plan for the youth and that there are compelling reasons why it is not
12
in the youth's best interests to be placed permanently with a parent, in an
13
adoptive placement, in a guardianship, or in the legal custody of the depart-
14
ment in a placement with a fit and willing relative, including an adult sib-
15
ling.
16
(8) The court may authorize the department to suspend further efforts
17
to reunify the child with the child's parent, pending further order of the
18
court, when a petition or other motion is filed in a child protection pro-
19
ceeding seeking a determination of the court that aggravated circumstances
20
were present.
21
22
amended to read as follows:
23
16-1621. CASE PLAN HEARING -- NO FINDING OF AGGRAVATED CIRCUM-
24
STANCES. (1) In every case in which the child is determined to be within
25
the jurisdiction of the court and there is no judicial determination that
26
aggravated circumstances were present, the department shall prepare a writ-
27
ten case plan, including cases in which the parent(s) is incarcerated. The
28
court shall schedule a case plan hearing to be held within thirty (30) days
29
after the adjudicatory hearing. The case plan shall be filed with the court
30
no later than five (5) days prior to the case plan hearing. Copies of the
31
case plan shall be delivered to the parents and other legal guardians, the
32
prosecuting attorney or deputy attorney general, the guardian ad litem and
33
attorney for the child.
34
(a) The court shall hold a case plan hearing to determine whether the
35
best interests of the child is are served by adopting, rejecting or mod-
36
ifying the case plan proposed by the department.
37
(b) If there is reason to believe that the child is an Indian child and
38
there has not been a final determination regarding the child's status as
39
an Indian child, the court shall:
40
(i) Inquire about the efforts that have been made since the last
41
hearing to determine whether the child is an Indian child; and
42
(ii) Determine that the department is using active efforts to work
43
with all tribes of which the child may be a member to verify whether
44
the child is a member or eligible for membership.
45
(c) If the child is being treated with psychotropic medication, the
46
court shall inquire as to, and may make any additional inquiry relevant
47
to, the use of psychotropic medication.
48
(2) Notice of the case plan hearing shall be provided to the parents,
49
and other legal guardians, the prosecuting attorney or deputy attorney gen-
14
1
eral, guardian ad litem, attorney for the child, the department, and foster
2
parents. Although foster parents are provided notice of this hearing, they
3
are not parties to the child protective act action.
4
(3) If the child is placed in the legal custody of the department, the
5
case plan filed by the department shall set forth reasonable efforts that
6
will be made to make it possible for the child to return home. The case plan
7
shall also:
8
(a) Identify the services to be provided to the child, including ser-
9
vices to identify and meet any educational, emotional, physical or de-
10
velopmental needs the child may have, and to assist the child in adjust-
11
ing to the placement or to ensure the stability of the placement. For
12
youth age fourteen (14) years and older:
13
(i) Identify the services needed to assist the youth in making the
14
transition to successful adulthood; and
15
(ii) Document the youth's rights in regard to his education and
16
health, visitation, court participation and receipt of an an-
17
nual credit report, including a signed acknowledgment by the
18
department that the youth was provided with a written copy of
19
these rights and that the rights were explained to the youth in an
20
age-appropriate or developmentally appropriate manner;
21
(b) Address the options for maintaining the child's connection to the
22
community:
23
(i) Include connections to individuals with a significant rela-
24
tionship to the child and organizations or community activities
25
with which the child has a significant connection;
26
(ii) Ensure educational stability for the child, including the
27
efforts to keep the child in the school in which the child is en-
28
rolled at the time of placement or the reasons why remaining in
29
that school is not in the best interests of the child;
30
(iii) Include a visitation plan and identify the need for supervi-
31
sion of visitation and child support;
32
(iv) Document either Either document that siblings were placed
33
together or, if siblings were not placed together, document the
34
efforts made to place the siblings together, the reasons why sib-
35
lings were not placed together and a plan for ensuring frequent
36
visitation or other ongoing interaction among siblings, unless
37
visitation or ongoing interaction would be contrary to the safety
38
or well-being of one (1) or more of the siblings; and
39
(v) If there is reason to believe the child is an Indian child and
40
there has been no final determination as to the child's status as
41
an Indian child, document:
42
1. The efforts made to determine whether the child is an In-
43
dian child; and
44
2. The department's efforts to work with all tribes of which
45
the child may be a member to verify whether the child is a
46
member or eligible for membership;
47
(c) Include a goal of reunification and a plan for achieving that
48
goal. The reunification plan shall identify all issues that need to
49
be addressed before the child can safely be returned home without de-
50
partment supervision. The court may specifically identify issues to
15
1
be addressed by the plan. The reunification plan shall specifically
2
identify the tasks to be completed by the department, each parent or
3
others to address each issue, including services to be made available
4
by the department to the parents and in which the parents are required
5
to participate, and deadlines for completion of each task. The case
6
plan shall state with specificity the role of the department toward each
7
parent. When appropriate, the reunification plan should identify terms
8
for visitation, supervision of visitation and child support;
9
(d) Include a concurrent permanency goal and a plan for achieving that
10
goal. The concurrent permanency goal may be one (1) of the following:
11
termination of parental rights and adoption, guardianship or, for youth
12
age sixteen (16) years or older only, another planned permanent living
13
arrangement. The concurrent plan shall:
14
(i) Address all options for permanent placement of the child,
15
including consideration of options for in-state and out-of-state
16
placement of the child;
17
(ii) Address the advantages and disadvantages of each option and
18
include a recommendation as to which option is in the child's best
19
interests;
20
(iii) Specifically identify the actions necessary to implement
21
the recommended option;
22
(iv) Specifically set forth a schedule for accomplishing the ac-
23
tions necessary to implement the concurrent permanency goal;
24
(v) Address options for maintaining the child's connection to
25
the community, including individuals with a significant relation-
26
ship to the child and organizations or community activities with
27
which the child has a significant connection;
28
(vi) Identify the names of the proposed adoptive parents when
29
known if the permanency goal is termination of parental rights and
30
adoption;
31
(vii) In the case of a child who has attained the age of fourteen
32
(14) years, include the services needed to assist the child to make
33
the transition from foster care to successful adulthood;
34
(viii) For youth with a proposed permanency goal of another perma-
35
nent planned living arrangement, document:
36
1. The intensive, ongoing and, as of the date of the hearing,
37
unsuccessful efforts made to place the youth with a parent
38
in an adoptive placement, in a guardianship, or in the legal
39
custody of the department in a placement with a fit and will-
40
ing relative, including an adult sibling;
41
2. Why another planned permanent living arrangement is the
42
best permanency goal for the youth and a compelling reason
43
why, as of the date of the case plan hearing, it would not be
44
in the best interests of the child to be placed permanently
45
with a parent, in an adoptive placement, in a guardianship,
46
or in the legal custody of the department in a placement with
47
a fit and willing relative, including an adult sibling;
48
3. The steps taken by the department to ensure that the
49
youth's foster parents or child care institution are follow-
50
ing the reasonable and prudent parent standard when making
16
1
decisions about whether the youth can engage in extracurric-
2
ular, enrichment, cultural and social activities; and
3
4. The opportunities provided to the youth to regularly en-
4
gage in age-appropriate or developmentally appropriate ac-
5
tivities; and
6
(ix) Identify further investigation necessary to identify or as-
7
sess other options for permanent placement, to identify actions
8
necessary to implement the recommended placement or to identify
9
options for maintaining the child's significant connections.
10
(4) If the child has been placed under protective supervision of the de-
11
partment, the case plan filed by the department shall:
12
(a) Identify the services to be provided to the child, including ser-
13
vices to identify and meet any educational, emotional, physical or de-
14
velopmental needs the child may have, and to assist the child in adjust-
15
ing to the placement or to ensure the stability of the placement. For
16
youth age fourteen (14) years and older, identify the services needed
17
to assist the youth in making the transition to successful adulthood
18
and document the youth's rights in regard to his education and health,
19
visitation, court participation and receipt of an annual credit report,
20
including a signed acknowledgment by the department that the youth
21
was provided with a written copy of his the youth's rights and that the
22
rights were explained to the youth in an age-appropriate or developmen-
23
tally appropriate manner. The plan shall also address options for main-
24
taining the child's connection to the community, including individuals
25
with a significant relationship to the child and organizations or com-
26
munity activities with which the child has a significant connection;
27
(b) Identify all issues that need to be addressed to allow the child to
28
remain at home without department supervision. The court may specifi-
29
cally identify issues to be addressed by the plan. The case plan shall
30
specifically identify the tasks to be completed by the department, the
31
parents or others to address each issue, including services to be made
32
available by the department to the parents and in which the parents are
33
required to participate, and deadlines for completion of each task. The
34
plan shall state with specificity the role of the department toward each
35
parent.
36
(5) If the child is placed in a qualified residential treatment pro-
37
gram, then the case plan shall include the assessment report of the qualified
38
individual.
39
(6) The case plan, as approved by the court, shall be entered into the
40
record as an order of the court. The order may include interim and final
41
deadlines for implementing the case plan and finalizing the permanency goal.
42
The court's order shall provide that reasonable efforts shall be made to re-
43
unify the family in a timely manner in accordance with the case plan. Unless
44
the child has been placed under the protective supervision of the depart-
45
ment, the court's order shall also require the department to simultaneously
46
take steps to accomplish the goal of reunification and the concurrent perma-
47
nency goal.
17
1
16-1622. REVIEW HEARINGS -- STATUS HEARINGS -- ANNUAL PERMANENCY
2
HEARINGS. (1) Review hearing.
3
(a) A hearing for review of the child's case and permanency plan shall
4
be held no later than six (6) months after entry of the court's order
5
taking jurisdiction under this act and every six (6) months thereafter.
6
The department and the guardian ad litem shall file reports to the court
7
no later than five (5) days prior to the six (6) month review hearing.
8
The purpose of the review hearing is:
9
(i) To determine:
10
1. The safety of the child;
11
2. The continuing necessity for and appropriateness of the
12
placement;
13
3. The extent of compliance with the case plan; and
14
4. The extent of progress that has been made toward alle-
15
viating or mitigating the causes necessitating placement in
16
foster care;
17
(ii) To determine or continue to investigate whether the child is
18
an Indian child. If there is reason to believe that the child is an
19
Indian child and there has not been a final determination regard-
20
ing the child's status as an Indian child:
21
1. The department shall document and the court shall inquire
22
about the efforts that have been made since the last hearing
23
to determine whether the child is an Indian child; and
24
2. The department shall document and the court shall de-
25
termine that the department is using active efforts to work
26
with all tribes of which the child may be a member to verify
27
whether the child is a member or eligible for membership;
28
(iii) To inquire regarding the child's educational stability. The
29
department shall document and the court shall inquire as to the ef-
30
forts made to ensure educational stability for the child, includ-
31
ing the efforts made to keep the child in the school in which the
32
child is enrolled at the time of placement or the reason that re-
33
maining in the school is not in the child's best interests;
34
(iv) To inquire regarding sibling placement. The department
35
shall document and the court shall inquire whether siblings were
36
placed together, or, if siblings were not placed together, the
37
efforts made to place siblings together, the reasons why sib-
38
lings were not placed together, and a plan for ensuring frequent
39
visitation or ongoing interaction between the siblings, unless
40
visitation or ongoing interaction would be contrary to the safety
41
or well-being of one (1) or more of the siblings;
42
(v) To inquire regarding permanency. The court shall ask each
43
youth age twelve (12) years and older about his desired permanency
44
outcome and discuss with the youth his current permanency plan.
45
For a youth age fourteen (14) years and older, the hearing shall
46
include a review of the services needed to assist the youth to make
47
the transition from foster care to successful adulthood;
48
(vi) To document efforts related to the reasonable and prudent
49
parent standard. For a youth whose permanency goal is another
18
1
planned permanent living arrangement, the department shall docu-
2
ment:
3
1. That the youth's foster parents or child care institution
4
is following the reasonable and prudent parent standard when
5
deciding whether the child may participate in extracurricu-
6
lar, enrichment, cultural and social activities; and
7
2. The regular, ongoing opportunities to engage in age- or
8
developmentally appropriate activities that have been pro-
9
vided to the youth;
10
(vii) To document efforts made to find a permanent placement other
11
than another planned permanent living arrangement. For a youth
12
whose permanency goal is another planned permanent living ar-
13
rangement, the department shall document:
14
1. The intensive, ongoing, and, as of the date of the hear-
15
ing, unsuccessful efforts made to place the youth with a par-
16
ent, in an adoptive placement, in a guardianship, or in the
17
legal custody of the department in a placement with a fit and
18
willing relative, including an adult sibling; and
19
2. Why another planned permanent living arrangement is the
20
best permanency plan for the youth and a compelling reason
21
why, as of the date of the review hearing, it would not be in
22
the best interest of the child to be placed permanently with
23
a parent, in an adoptive placement, in a guardianship, or in
24
the legal custody of the department in a placement with a fit
25
and willing relative, including an adult sibling;
26
(viii) To make findings regarding a permanency goal of another
27
planned permanent living arrangement. For youth whose permanency
28
goal is another planned permanent living arrangement, the court
29
shall make written, case-specific findings, as of the date of the
30
hearing, that:
31
1. Another planned permanent living arrangement is the best
32
permanency goal for the youth; and
33
2. There are compelling reasons why it is not in the best in-
34
terest of the youth to be placed permanently with a parent,
35
in an adoptive placement, in a guardianship, or in the legal
36
custody of the department in a placement with a fit and will-
37
ing relative, including an adult sibling;
38
(ix) To document and inquire regarding psychotropic medication.
39
At each review hearing, if the child is being treated with psy-
40
chotropic medication, these additional requirements shall apply:
41
1. The department shall report to the court the medication
42
and dosage prescribed for the child, and the medical profes-
43
sional who prescribed the medication; and
44
2. The court shall inquire as to, and may make any additional
45
inquiry relevant to, the use of psychotropic medication; and
46
(x) To project, when reasonable, a likely date by which the child
47
may be safely returned to and maintained in the home or placed in
48
another permanent placement.
49
(b) A status hearing is a review hearing that does not address all or
50
most of the purposes identified in paragraph (a) of this subsection and
19
1
may be held at the discretion of the court. Neither the department nor
2
the guardian ad litem is required to file a report with the court prior
3
to a status hearing, unless ordered otherwise by the court.
4
(c) A motion for revocation or modification of an order issued un-
5
6
party; provided that no motion may be filed by the respondents under
7
this section within three (3) months of a prior hearing on care and
8
placement of the child. Notice of a motion for review of a child's case
9
shall be provided to the parents and other legal guardians, the prose-
10
cuting attorney or deputy attorney general, guardian ad litem, attorney
11
for the child, the department and foster parents.
12
(d) If the motion filed under paragraph (c) of this subsection alleges
13
that the child's best interests are no longer served by carrying out the
14
15
or other authorized agency has failed to provide adequate care for the
16
child, the court shall hold a hearing on the motion.
17
(e) The department or authorized agency may move the court at any time
18
to vacate any order placing a child in its custody or under its protec-
19
tive supervision.
20
(2) Permanency plan and hearing.
21
(a) The permanency plan shall include a permanency goal. The per-
22
manency goal may be one (1) of the following: continued efforts at
23
reunification, in the absence of a judicial determination of aggra-
24
vated circumstances; or termination of parental rights and adoption,
25
guardianship or, for youth age sixteen (16) years and older only, an-
26
other planned permanent living arrangement. Every permanency plan
27
shall include the information set forth in section 16-1621(3)(a) and
28
29
manency goal, the plan shall include information set forth in section
30
31
the child to be placed into protective custody resulted in a conviction
32
for lewd and lascivious conduct or felony injury to a child, if the child
33
has been in protective custody for more than six (6) months, or if a
34
high risk of repeat maltreatment or reentry into foster care exists due
35
to a parent's recent completion of substance abuse treatment or other
36
compelling circumstances, then the permanency plan shall include a
37
period of protective supervision or trial home visit period of no less
38
than ninety (90) days prior to the court vacating the case. During the
39
protective supervision or trial home visit period, the department shall
40
make regular home visits. During the protective supervision or trial
41
home visit period, the court shall hold one (1) or more review hearings
42
for each permanency plan where a period of protective supervision or a
43
trial home visit has been imposed and may require participation in sup-
44
portive services, including community home visiting and peer-to-peer
45
mentoring. Families reunified following a period of protective super-
46
vision or a trial home visit should be encouraged by the department or
47
the court to continue to participate in supportive services when ben-
48
eficial and appropriate. If the permanency plan has a permanency goal
49
other than reunification, the plan shall include the information set
50
20
1
is termination of parental rights and adoption, then in addition to the
2
3
plan shall also name the proposed adoptive parents when known. If the
4
adoptive parents are not known at the time the permanency plan is pre-
5
pared, then the department shall amend the plan to name the proposed
6
adoptive parents as soon as such person or persons become known. The
7
court may approve a permanency plan that includes a primary goal and a
8
concurrent goal. As used in this paragraph, "trial home visit" means
9
that a child is returned to the care of the parent or guardian from whom
10
the child was removed with the department continuing to have legal cus-
11
tody of the child.
12
(b) A permanency hearing shall be held no later than twelve (12) months
13
from the date the child is removed from the home or the date of the
14
court's order taking jurisdiction under this chapter, whichever occurs
15
first, and at least every twelve (12) months thereafter, so as long as
16
the court has jurisdiction over the child. The court shall approve, re-
17
ject or modify the permanency plan of the department and review progress
18
in accomplishing the permanency goal. The permanency plan, as approved
19
by the court, shall be entered into the record as an order of the court.
20
A permanency hearing may be held at any time and may be combined with the
21
review hearing required under subsection (1) of this section.
22
(c) The court shall make written, case-specific findings whether the
23
department made reasonable efforts to finalize the primary permanency
24
goal in effect for the child. Lack of reasonable efforts to reunify may
25
be a basis for an order approving a permanency plan with a permanency
26
goal of reunification.
27
(d) Where the permanency goal is not reunification, the hearing shall
28
include a review of the department's consideration of options for
29
in-state and out-of-state placement of the child. In the case of a
30
child in an out-of-state placement, the court shall determine whether
31
the out-of-state placement continues to be appropriate and in the best
32
interest of the child.
33
(e) The court shall ask each youth age twelve (12) years and older about
34
his desired permanency outcome and discuss with the youth his current
35
permanency plan. In the case of a child who has attained the age of four-
36
teen (14) years and older, the hearing shall include a determination of
37
the services needed to assist the youth to make the transition from fos-
38
ter care to successful adulthood.
39
(f) The court may approve a primary permanency goal of another planned
40
permanent living arrangement only for youth age sixteen (16) years or
41
older and only upon written, case-specific findings that, as of the date
42
of the hearing:
43
(i) Another planned permanent living arrangement is the best per-
44
manency goal for the youth; and
45
(ii) There are compelling reasons why it is not in the best inter-
46
est of the youth to be placed permanently with a parent, in an adop-
47
tive placement, in a guardianship, or in the legal custody of the
48
department in a placement with a fit and willing relative, includ-
49
ing an adult sibling.
21
1
(g) If the child has been in the temporary or legal custody of the de-
2
partment for fifteen (15) of the most recent twenty-two (22) months, the
3
department shall file, prior to the last day of the fifteenth month, a
4
petition to terminate parental rights, unless the court finds that:
5
(i) The child is placed permanently with a relative;
6
(ii) There are compelling reasons why termination of parental
7
rights is not in the best interests of the child; or
8
(iii) The department has failed to provide reasonable efforts to
9
reunify the child with his family.
10
(h) The department shall document and the court shall inquire:
11
(i) As to the efforts made to ensure educational stability for the
12
child, including the efforts made to keep the child in the school
13
in which the child is enrolled at the time of placement or that re-
14
maining in the school is not in the child's best interests; and
15
(ii) That siblings were placed together, or, if siblings were not
16
placed together, the efforts made to place siblings together, the
17
reasons why siblings were not placed together or why a joint place-
18
ment would be contrary to the safety or well-being of one (1) or
19
more of the siblings, and a plan for ensuring frequent visitation
20
or ongoing interaction among siblings, unless visitation or ongo-
21
ing interaction would be contrary to the safety or well-being of
22
one (1) or more of the siblings.
23
(i) If there is reason to believe that the child is an Indian child and
24
there has not been a final determination regarding the child's status as
25
an Indian child, the department shall document and the court shall:
26
(i) Inquire about the efforts that have been made since the last
27
hearing to determine whether the child is an Indian child; and
28
(ii) Determine that the department has made active efforts to work
29
with all tribes of which the child may be a member to verify whether
30
the child is a member or eligible for membership.
31
(j) At each permanency hearing, if the child is being treated with psy-
32
chotropic medication, these additional requirements shall apply:
33
(i) The department shall report to the court the medication and
34
dosage prescribed for the child, and the medical professional who
35
prescribed the medication; and
36
(ii) The court shall inquire as to, and may make any additional
37
inquiry relevant to, the use of psychotropic medication.
38
(k) The court may authorize the department to suspend further efforts
39
to reunify the child with the child's parent, pending further order of
40
the court, when a permanency plan is approved by the court and the perma-
41
nency plan does not include a permanency goal of reunification.
42
(3) If a youth is in the legal custody of the department or other autho-
43
rized agency and is within ninety (90) days of his eighteenth birthday, the
44
department shall file a report with the court that includes the department's
45
transition plan for the youth. The court shall have a review or permanency
46
hearing at which the court shall:
47
(a) Discuss with the youth his or her transition plan; and
48
(b) Review the transition plan with the youth for purposes of ensur-
49
ing that the plan provides the services necessary to allow the youth to
50
transition to a successful adulthood.
22
1
(4) If a child is in the legal custody of the department and the court
2
has approved placement of the child in a qualified residential treatment
3
program, then at each review hearing pursuant to subsection (1)(a) of this
4
section and at each permanency hearing pursuant to subsection (2)(b) of this
5
section the department shall document:
6
(a) That ongoing assessment of the strengths and needs of the child con-
7
tinues to support the determination that the needs of the child cannot
8
be met through placement in a foster family home, that the placement in
9
a qualified residential treatment program provides the most effective
10
and appropriate level of care for the child that is in the least restric-
11
tive environment, and that the placement is consistent with the short-
12
term and long-term goals for the child, as specified in the permanency
13
plan for the child;
14
(b) The specific treatment or service needs that will be met for the
15
child in the placement and the length of time the child is expected to
16
need the treatment or services; and
17
(c) The efforts made by the department to prepare the child to return
18
home or to be placed with a fit and willing relative, a legal guardian,
19
or an adoptive parent or in a foster family home.
20
(5) Notwithstanding any provision of law to the contrary, the court may
21
order extended foster care for a person between the ages of eighteen (18) and
22
twenty-one (21) years to help such person achieve a successful transition to
23
adulthood, provided such person must have been in the custody of the depart-
24
ment until his eighteenth birthday and must meet the criteria set forth in 42
25
U.S.C. 675(8)(B)(iv). The extension shall be for a fixed period of time and
26
shall not extend past the person's twenty-first birthday.