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December 1998 Administration of Justice Bulletin No. 98/03 <br /> <br />with the juvenile's safety, and need for a safe, perma- <br />nent home within a reasonable period of time. (The <br />new section, however, refers to "health and safety." <br />rather than just "safety.") <br /> The new section also allows the court to direct that <br />efforts to eliminate the need for placement are not re- <br />quired or shall cease, it' the court finds that a court of <br />competent jurisdiction has done any of the following: <br /> <br /> 1. determined that the parent has subjected the <br /> child tO aggravated circumstances, or <br /> 2. terminated the parent's rights to another child <br /> of the parent, or <br /> 3. determined that the parent has committed <br /> murder or voluntao' manslaughter of another <br /> child of the parent; has aided, abetted, <br /> attempted, conspired, or solicited to conumt <br /> murder or voluntary manslaughter of the child <br /> or another child of the parent; or has com- <br /> mitted a felony assault resulting in serious <br /> bodily injury, to the child or another child of <br /> the parent. <br /> <br /> Contents of Order Placing Juvenile with <br /> Department of Social Services <br /> <br /> S.L. 1998-229 makes the following changes to the <br />Juvenile Code provisions regarding the contents of <br />orders that place or continue the placement of a juve- <br />nile with a department of social services. <br /> <br /> 1. Unless the court has determined previously <br /> that reasonable efforts are not required or <br /> shall cease, the order must contain findings as <br /> to (a) whether the department of social serv- <br /> ices has made reasonable efforts to prevent or <br /> eliminate the need for placement and (b) <br /> whether the department Should continue to <br /> make reasonable efforts to eliminate the need <br /> for placement. <br /> 2. The order may provide for services or other <br /> efforts aimed not only at returning a juvenile <br /> to a safe home, but also at achieving another <br /> permanent plan for a juvenile. <br /> 3. If the court finds that efforts to eliminate the <br /> need for placement are not required or shall <br /> cease, the court must direct that a permanency <br /> planning hearing be held within thirty calen- <br /> dar days and, if practicable, set the date and <br /> time for that hearing. <br /> <br /> Safety as Paramount Concern <br /> <br /> New GS. 7A-577. l(d) makes clear that in deter- <br />mining what reasonable efforts must be made and in <br /> <br />3 <br /> <br />making those efforts, the juvenile's health and safety <br />must be the paramount concern. <br /> <br /> Concurrent Planning <br /> G.S. 7A-577. l(d) authorizes making concurrent <br />efforts (1) to preserve or reunify families and (2) to <br />plan for the juvenile's adoptiort to place the juvenile <br />with a legal guardian, or to place the juvenile in <br />another permanent arrangement. <br /> <br />Adjudicatory Hearing <br /> <br /> S.L. !.998-229 amends G.S. 7A-629 to require that <br />the adjudicatory hearing be held no later than sixty <br />days from the filing of the petit/om unless the court, <br />pursuant to the Juvenile Code's provision for continu- <br />ances, orders that it be held at a later time. (As noted <br />below, from Sanuary 1, [999, through June 30, 1999. <br />this requirement also applies to cases of undisciplined <br />and delinquent juveniles.) <br /> <br />Dispositions and Dispositional Orders <br /> <br /> Placement with Relative <br /> G.S. 7A-647 lists dispositional alternatives that are <br />available in any juvenile case. S.L. 1998-229 amends <br />that section to require the court, when ordering a juve- <br />nile's placement in out-of-home care, (1) to determine <br />whether a relative is wilting and able to provide proper <br />care and supervision of the juvenile in a safe home <br />and, (2) ff such a relative is available, to place the ju- <br />venile with the relative unless the court finds that the <br />placemem would be contrary to the juvenile's best <br />interests. <br /> <br /> V~sitation and Return Home <br /> <br /> S.L. 1998-229 amends G.S, 7A-647 and G.S. 7A- <br />651 to: <br /> <br /> I.. allow a department of social services that has <br /> custody of a juvenile to allow unsupervised <br /> visitation with, or to return physical custody <br /> to, the parent or person standing in [oco <br /> parentis, only after a hearing at which the <br /> court finds that the juvenile will receive <br /> proper care and supervision in a safe home. <br /> 2. require that any dispositional order provide <br /> for appropriate visitation that is in the best <br /> <br /> <br />