41-3-412. Permanency plan hearing. (1) A permanency plan hearing must be held by the court no later than 12 months after the initial order is issued unless the proceeding has been dismissed, the child was not removed from the home, or the child has been returned to the child's parent or guardian. The permanency plan hearing may be combined with a hearing that is required in other sections of this part if held within the time limits of that section. If a permanency plan hearing is combined with another hearing, the requirements of the court related to the disposition of the other hearing must be met in addition to the requirements of this section.
     (2) At least 3 days prior to the permanency plan hearing, the department and the guardian ad litem shall each submit a report regarding the child to the court for review. The report must contain the:
     (a) efforts and progress demonstrated by the child's parent or guardian to complete a treatment plan;
     (b) extent to which the parent or guardian cooperated and used the services provided;
     (c) status of the child, including the child's mental, physical, and emotional health; and
     (d) plan for permanency for the child.
     (3) At least 3 days prior to the permanency plan hearing, an attorney or advocate for a parent or guardian may submit an informational report to the court for review.
     (4) If the court finds that the permanency plan is in the best interests of the child, the court shall:
     (a) order the department to take whatever steps are necessary to effectuate the terms of the plan and shall order the county attorney, the attorney general, or an attorney hired by the county to petition the court within 30 days after the present hearing for one of the following:
     (i) termination of parental rights;
     (ii) temporary legal custody, not to exceed 6 months; or
     (iii) dismissal; and
     (b) in its discretion, enter any other order that it determines to be in the best interests of the child that does not require an expenditure of money by the department unless the department is notified and a court hearing is set in a timely manner on the proposed expenditure. The department is the payor of last resort after all family, insurance, and other resources have been examined.
     (5) If the permanency plan hearing results in an order for a 6-month extension of temporary legal custody, upon the expiration of the temporary legal custody order and the filing of a petition by the department and if the court finds that reunification of the child with the child's parent or guardian is not in the best interests of the child, the court shall order:
     (a) termination of parental rights if the applicable requirements to terminate parental rights have been met; or
     (b) long-term custody of a child if the evidence demonstrates by a preponderance of the evidence that:
     (i) the child has been adjudicated a youth in need of care;
     (ii) the department has made reasonable efforts to reunite the parent and child, further efforts by the department would likely be unproductive, and reunification of the child with the parent or guardian would be contrary to the best interests of the child;
     (iii) the child has reached 12 years of age;
     (iv) termination of parental rights to the child is not in the child's best interests; and
     (v) the child has been in a placement in which the foster parent has committed to the long-term care and to a relationship with the child and it is in the best interests of the child to remain in that placement.
     (6) The court may terminate long-term custody upon petition of the birth parents, those to whom legal custody has been transferred, or the department if the court finds that the circumstances of the child or family have substantially changed and the best interests of the child are no longer being served.

     History: En. Sec. 11, Ch. 516, L. 1997.