1. Child Abuse and Neglect Institute
Improving Outcomes for Children and Families
MODULE: THE REVIEW AND PERMANENCY HEARINGS
National Council of Juvenile and Family Court Judges

2. Learning objectives
Understand how to prepare for and conduct effective review hearings
Understand how to prepare for and conduct effective permanency hearings
Discuss best practice strategies for improving review and permanency hearings

3. Setting the Stage for Better Permanency Outcomes
Hearing Best Practices ….
Review Hearings

4. REVIEW Hearing Case Scenario

5. Some Questions to Consider:
Assume that the evidence of relapse is not contested. If you were the judge, would you order removal? Why? Why not?
What if the relapse was marijuana? What if it was crack cocaine? What if it was powder cocaine? What if it was methamphetamine?
What corrective actions to assure sobriety of the father and safety of the child might be ordered?
What findings do you need to make to comply with the RESOURCE GUIDELINES and federal law?
What information is missing/what more would you need to know to make a decision?
Are these findings the same or different than in your state? If different, how?

6. Review Hearings
In the review hearing, the court determines the status of the child, reviews compliance with the case plan, and the possible need for case plan and placement changes to maintain focus on safety and permanency. Review is required for both out-of-home and in-home placements.
ASFA requires that the case plan be “reviewed periodically,” but not less than every six months (42 U.S.C. §675(5)(B)). Additionally, a permanency hearing must be held no more than 12 months after the date the child was first considered to have entered foster care (42 U.S.C. § 675(5)(C)) or no later than 30 days after a court determines that reasonable efforts to return a child to either parent are not required, whichever occurs first.

7. Importance of Post-Dispositional Review Hearings
Post-Dispositional Hearings provide regular ju­dicial oversight of children in foster care and can help judges identify strengths and inadequa­cies in the government’s response to child abuse and neglect
Periodic review is required to:
Determine the continuing necessity for and appropriateness of the placement
The extent of compliance with case plan
Project a likely date by which the child may be returned home or placed for adoption or legal custody

8. Challenges to Conducting Effective Post-Dispositional Review Hearings
Time
Irregular or infrequent review
Rubber-stamping agency or department recommendations
OTHERS?

9. Effective Post-Dispositional Review Hearings
Help you to Manage the Case
Engage parents:
Discuss status of case & child
Hold parents accountable
Discuss progress & any need for assistance
Engage agency:
Determine steps to assist the parents
Hold agency accountable
Review family interaction plan, frequency, and setting (family time)
Stress permanency
Focus on Trauma Needs and Child Well-Being
Promote cooperation and communication

10. Before the Review Hearing
REVIEW HEARING BENCH CARD
Review relevant documents
Reflect on decision-making process to guard against institutional bias
Determine whether there are any related matters in juvenile or other courts
Determine who must be present

11. Conducting the Review Hearing
REVIEW HEARING BENCH CARD
Open the Hearing
Identify persons present and explain purpose of hearing
Engage parents, children, relatives and foster parents
Due Process Considerations
Identification of Parents and Guardians
Notice
Representation
Competency and Understanding
Applicability of other Federal Laws and Legislation

12. Key Decisions and Findings at the Review Hearing
REVIEW HEARING BENCH CARD
Can the child be SAFELY returned to a parent today?
Is there a continuing necessity for out-of-home placement? (42 U.S.C. § 675(5)(B))
Does the court-approved, long-term permanent plan for the child remain the best plan for the child?
Is the placement appropriate? (42 U.S.C. § 675(5))
Is the agency making reasonable efforts to rehabilitate the family and effect the safe reunification of the child and family? (45 C.F.R. § (b))

13. Key Decisions and Findings at the Review Hearing
REVIEW HEARING BENCH CARD
Is the agency making reasonable efforts to place the child in a timely manner in accordance with the permanency plan and to complete whatever steps are necessary to finalize the permanent placement of the child? (42 U.S.C. § 671(a)(15)(C))
What timeframe should be followed to achieve reunification or another permanency plan for each child?
ASFA anticipates that a finding of reasonableness of the agency’s efforts will be made at the permanency hearing, as it requires such a finding within 12 months of the date the child first entered care and every 12 months afterward (45 C.F.R. § (b)(2)(i). If the review hearing is prior to the permanency hearing, judges should inquire about progress made toward finalizing the plan.

14. Key Decisions and Findings at the Review Hearing
REVIEW HEARING BENCH CARD
What is the extent of progress toward alleviating or mitigating the causes necessitating placement in foster care? (42 U.S.C. §675(5))
Which services set forth in the case plan and the responsibilities of the parties need to be clarified or modified due to the availability of additional information or changed circumstances?
What is the specific plan to assess and ensure the child’s well-being, including, as applicable, his/her educational, developmental, emotional and mental health, medical, dental, medication, and trauma and reproductive health needs?
Do any additional court orders need to be made to move the case toward successful completion?

15. Findings of Fact and Conclusions of Law at the Review Hearing
REVIEW HEARING BENCH CARD
Be written in easily understandable language, which allows the parents and all parties to fully understand what action they must take to have their children returned to their care as well as timeframes for completion of various tasks;
Set forth findings explaining why the children are in need of continued placement outside the parents’ home or continued court supervision, including the specific risks to the children;
Set forth findings as to whether and why family reunification and an end to court supervision continues to be the long-term case goal;
Set forth findings as to whether the agency has made reasonable efforts to eliminate the need for placement, with specific findings about actions the agency is taking;
Set forth detailed Findings of Fact and Conclusions of Law about whether the parents are in compliance with the case plan, and identify specifically what further actions the parents need to complete;

16. Findings of Fact and Conclusions of Law at the Review Hearing (Cont’d)
REVIEW HEARING BENCH CARD
Approve proposed changes in the case plan and set forth any court-ordered modifications needed as a result of information presented at the review;
Identify an expected date of final reunification or other permanency plan for the child;
Set forth orders for the agency to make additional efforts necessary to meet the needs of the family and move the case toward completion;
Make any other orders necessary to resolve the problems that are preventing reunification or the completion of another permanency plan for the child; and
Set a date and time for the next hearing, if needed.

17. Concluding the Review Hearing
REVIEW HEARING BENCH CARD
Focus on permanency and mandated timeframes
Set future review or permanency hearing and identify tasks to be accomplished
Make understandable findings and orders in the court and on the record
Engage parents and children
Provide copies of orders

18. Setting the Stage for Better Permanency Outcomes
Hearing Best Practices ….
The Permanency Hearing

19. PERMANENCY Hearing Case Scenario

20. Some Questions to Consider:
How do we meet Nick’s needs?
Is this a good permanency plan?
What findings do you need to make to comply with the RESOURCE GUIDELINES and federal law?
Are these findings the same or different than in your state? If different, how?

21. The Permanency Hearing
Dispositional hearing under
Deadline to determine final permanency plan for child—move out of foster care into safe, permanent home
Must be held within 12 months after child enters foster care

22. Key Considerations at the Permanency Hearing
Permanent Plan Determination
What is the agency recommended permanency plan?
When is the plan expected to be finalized?
Are any parties advocating for an alternate plan?
Is the agency required to file a termination of parental rights petition? Child in care 15 out of 22?

23. Preventing Sex Trafficking and Strengthening Families Act of 2014 (Public Law 113-183)
Promotion of child “normalcy”
Use of the APPLA permanency goal is prohibited for any child under age 16
Mandates that for every Permanency Hearing the agency must document on the record “intensive, ongoing, unsuccessful efforts for family placement”
During review of an APPLA plan, child must now be asked about their desired permanency outcome
If APPLA remains the goal, in every case there must be a judicial determination at that hearing of compelling reasons why APPLA remains best permanency plan for that child

24. Preventing Sex Trafficking and Strengthening Families Act of 2014 (Public Law 113-183)
Empowers transitioning foster youth at the earlier age of 14
May select up to 2 individuals to be involved in developing the case plan
Requires case plan includes a “rights document”
Mandates receipt of key documents upon leaving foster care at 18 or later
Encourages sibling placements

25. The Permanency Hearing
PERMANENCY HEARING BENCH CARD
Who should be present
What can be done to ensure/facilitate attendance and participation at the Permanency Hearing?

26. The Permanency Hearing
PERMANENCY HEARING BENCH CARD
Review documents required
Related matters?
Due process considerations
Engage parents, children, relatives, foster parents present

27. Key inquiries, decisions & findings at The Permanency Hearing
PERMANENCY HEARING BENCH CARD
ICWA inquiry and determination
Determine the permanency plan
42 U.S.C. 675(5) (c)
What plan does the agency recommend?
How was the plan determined and who was involved in developing the plan?
What is the child’s position? How was the child consulted?
What is the concurrent plan? What efforts are being made to implement it?

28. Key inquiries, decisions & findings at The Permanency Hearing
PERMANENCY HEARING BENCH CARD
In determining the permanency plan …
Review of family time (if applicable)
Review of current placement
Review and address the needs of the child (child well-being)
The 5 plan analysis

29. 5 PLAN ANALYSIS - Reunification
PERMANENCY HEARING BENCH CARD
Why is reunification in the best interests of the child?
Can the child be safely reunified today?
If the child cannot be returned home today, what specific steps will be taken to promote reunification within a reasonable amount of time?
What is the child’s position regarding reunification?

30. 5 PLAN ANALYSIS - adoption
PERMANENCY HEARING BENCH CARD
How is adoption rather than reunification in the best interests of the child?
Has the agency filed a petition for termination of parental rights? If so what is the anticipated trial date? If not, when will the petition be filed?
Are there relatives who will adopt the child if TPR is granted?

31. 5 PLAN ANALYSIS - adoption
PERMANENCY HEARING BENCH CARD
Is the child placed with relatives? If not, why not?
If the child is not placed with relatives what efforts have been made to identify a willing and able relative to adopt the child?
If there are no relatives willing and able to adopt, has the Agency identified a non relative adoptive family?
If not, what efforts has the agency made to identify, recruit process and approve a qualified family to adopt the child?

32. 5 PLAN ANALYSIS - adoption
PERMANENCY HEARING BENCH CARD
Are there relatives interested in permanent guardianship, but not willing or able to adopt?
If so why is non relative adoption preferable to permanent guardianship with a relative?
If the child is an Indian Child does the tribe support the plan? If not, why not?
What is the child’s position regarding adoption?

33. 5 PLAN ANALYSIS - permanent guardianship
PERMANENCY HEARING BENCH CARD
How is permanent guardianship rather than reunification or adoption in the best interests of the child?
What is the relationship between proposed permanent guardian and child?
Has the Agency identified, and is it able to assist in securing resources proposed guardian will need to support child thru age of majority?

34. 5 PLAN ANALYSIS - placement with a fit and willing relative
PERMANENCY HEARING BENCH CARD
How is placement with a fit and willing relative rather than reunification, adoption or a permanent guardianship in the child’s best interests?
Are the relatives fully informed about the benefits of adoption and/or permanent guardianship?

35. 5 PLAN ANALYSIS - placement with a fit and willing relative
PERMANENCY HEARING BENCH CARD
Have the relatives been offered assistance in answering any questions they may have about adoption or guardianship?
What is the nature of the relationship between the relative and the child?
What is the child’s position on the placement?

36. 5 PLAN ANALYSIS - appla Is there a compelling reason for this plan?
PERMANENCY HEARING BENCH CARD
Is there a compelling reason for this plan?
What is the child’s position on the plan? How was he/she consulted?
How will this plan provide stability and permanency for the child?
What is the identified, specific, long-term placement for the child?
Is the child already placed in this home?

37. 5 PLAN ANALYSIS - appla
PERMANENCY HEARING BENCH CARD
What efforts has the Agency made to identify, locate and contact relatives or non-relatives who may be able and willing to care for the child on a permanent basis?
If the child’s placement includes a group facility or institutional setting, how is this the most home- like environment for the child based on her physical and/or mental health needs?
What efforts have been made to provide additional services that would allow the child to reside in a more permanent family like environment?

38. 5 PLAN ANALYSIS - appla
PERMANENCY HEARING BENCH CARD
If the child is 14 years old or older, is the Agency providing services needed to assist the child to make the transition from foster care to successful adulthood (P.L (5)(I))?

39. Key Findings and Decisions at the Permanency Hearing
PERMANENCY HEARING BENCH CARD
IF child has been in foster care 15 of the past 22 months, has a termination of parental rights petition been filed? If not, is there a compelling reason not to file a TPR petition? 42 U.S.C. 675(5)(E)
HAS the agency made REASONABLE EFFORTS to finalize the permanency plan? 45 C.F.R (b)(2).
The Court’s determination of the permanent plan for the child and why the plan is in the child’s best interests. The order should state the steps to be taken and timelines for accomplishing the permanent goal.

40. Setting the Stage for Subsequent Hearings
PERMANENCY HEARING BENCH CARD
Trauma
Child Well-Being Inquiry
Education
Physical Health Issues/Needs
Dental Health Needs
Mental/Developmental Health Needs

41. Concluding the Permanency Hearing
PERMANENCY HEARING BENCH CARD
Case Management Tasks that Help Prepare for the Next Hearing
Identify tasks to be accomplished by next hearing
Consider ADR
Ensure parties’ understanding
Ensure parties have copies of orders
Determine who should be present at next hearing
Set date and time for next hearing
Engage parents, children, family members

42. Best Practices Prior to the Permanency Hearing
Frontloading -
Early identification and involvement of absent parents
Early identification and involvement of relatives
ICPC
ICWA
Ensuring availability of quality reunification plans and services

43. Best Practices Prior to the Permanency Hearing
Frontloading –
Concurrent Planning
Foster-Adopt Homes
Family Group Decision-Making
Child Protection Mediation
Pre-Hearing Case Conferencing

44. Concurrent Planning
The permanency plan may have two goals: a permanency goal and a concurrent permanency goal.
Concurrent planning is simultaneously working through appropriate efforts to achieve both permanency goals.
The plans can be contradictory to each other (i.e., return home and TPR/Adoption)
Neither goal is “primary” or “secondary;” they stand on equal footing

45. Why two plans at once? Concurrent Planning
To move things towards permanency faster
In the past, we’ve done one thing and only after that has failed have we moved on to an alternative goal.
That takes too long while a child languishes in impermanence!

46. Permanency Practice Resources for Older Youth
Benchmark Permanency Hearings
Passport to Adulthood
Voluntary Placement
Chafee
Cold Case Projects
Collaborative Permanency Review
Family Decision-Making
Including the Voice of Youth

47. Engaging Children and Youth at the Permanency Hearing
Establish a policy that ALL children MUST appear in your court for their hearings UNLESS EXCUSED by the court for an exceptional reason
Children want to KNOW what is happening in their lives and most, if not all, want to have input into your decisions that will affect their family and their lives

48. Engaging Children and Youth at the Permanency Hearing
Give yourself the opportunity to SEE the children whose lives you will impact by your decisions, including development and interaction with parents and caregivers
Give yourself the opportunity to HEAR from the children whose lives your decisions will change.
Don’t rely on what others tell you the child wants. Listen to the kid!
It should be the norm, not the exception, that children of all ages attend their hearing

49. Engaging Children and Youth at the Permanency Hearing
Youth involvement in their own case planning and advocacy is important “Nothing about us without us”

50. Post-Permanency Hearing Reviews
Child in one of three circumstances
1. Reunification or permanent guardianship plan but not fully implemented
2. Parental rights terminated, child in adoptive home, but adoption not finalized
3. Parental rights terminated and adoptive home being recruited for child
Permanency has not been achieved, court must ensure reasonable efforts being made

51. Post-Permanency Hearing Reviews
If goal continues to be family reunification, the focus of post-permanency reviews should be on the appropriateness of services offered to the parents and their progress on eliminating safety risks
If goal is no longer reunification, the focus of post- permanency reviews will be on the agency’s efforts to finalize the concurrent plan as the new permanency plan
If reunification is not possible, the child well-being inquiry must go beyond basic questions of safety and physical health as the child welfare system is responsible for meeting the child’s educational, emotional and social needs, including preparing the child for transition to an adult as appropriate.

52. Review and Permanency Hearing Practice
Any Questions?