Laserfiche WebLink
Administration of Justice Bulletin No. 98103 December 1998 <br /> <br />interests of the juvenile and consistent with <br />the juvenile's health and safety. <br />authorize the court to order the director of so- <br />cial services to arrange, facilitate, and super- <br />vise a visitation plan expressly approved by <br />the court for a juvenile who is placed in the <br />depmunent's custody. <br /> <br /> Scheduling of Review Hearing <br /> <br /> As mended. GS. 7A-65 l(b) requixes that a dis- <br />positional order removing custody ofajuvenile from a <br />parent or person standing in Ioeo parenfis direct that a <br />review hearing be held within ninety days from the <br />date of the dispositional hearing. <br /> <br />Review Hearings <br /> <br /> Timing and Nature of Hearings <br /> By amending G.S. 7A-657 and adding new G.S, <br />7A-657. I, S.L. 1998-229 makes significant changes <br />relating to the court's review of cases after a juvenile's <br />removal from the custody ora parent or a person <br />standing in loco parentis. RevSew hearings must be <br />held as follows. <br /> <br /> 1. An imtial review hearing must be held within <br /> ninety days from the date of the dispositional <br /> hearing (instead of six months from the date <br /> the order was entered). <br /> 2. A second review hearing must be held within <br /> six months after the tn'st review. <br /> 3. A permanency, planning review hearing must <br /> be held within twelve months after the initial <br /> order removing custody from the p~rent or <br /> person standing in loco parentis. If appropri- <br /> ate, th~s hearing may be combined with an <br /> initial or second review hearing. The purpose <br /> of this hearing is to develop a plan to achieve <br /> a safe, permanent home for the juvenile <br /> within a reasonable period of time. <br /> 4. Subsequent permanency, planning review <br /> heanngs must be held at least every six <br /> months to review progress in implementing <br /> the permanency, plan for the juvenile or, ff <br /> necessao', to make a new permanency plan~ <br /> <br /> Notice <br /> The dh'ector of social services continues to be re- <br />sponsible for making timely requests to the clerk to <br />calendar cases for review. The clerk must give fifteen <br /> <br />4 <br /> <br />days' notice of each hearing and its purpose to the par- <br />ent: any person standing in loco parenlis: the juvenile. <br />if he or she is twelve years old or older; the guardian; <br />any foster parent, relative, or preadoptive parent caring <br />for the juvenile; the custodian or agency with custody.: <br />the guardian ad litem; and any other person or agency. <br />the court specifies, <br /> At the hearing, the court must consider informa- <br />tion from any person or agency that is entitled to no- <br />tice, as well as from juveniles younger than twelve. <br />The fact that a foster parent, relative, or preadoptive <br />parent receives notice and an oppormmty to be heard. <br />however, does not make that person a party, to the <br />proceeding. <br /> <br /> Findings at First or Second Review Hearing <br /> At the first two hearings---the first within ninety, <br />days of the dis'positional hearing and the second within <br />six months of the first review--the court must consider <br />and, where relevant, make findings about the following <br />additional issues: <br /> <br /> l. an appropriate visitation plan, and <br /> 2. d the juvenile is sixteen or seventeen years <br /> old, a report on an independent living assess- <br /> ment of the juvenile and if appropriate, an <br /> independent hying plan for the juvenile. <br /> <br /> Findings at Permanency Planning Review <br /> Hearings <br /> <br /> At the conclusion of a permanency planning re- <br />view hearing, if the court does not return the juvenile <br />home, the court must consider and make written find- <br />ings about as many of the following as are relevant: <br /> <br /> 1. Whether it is possible for the juvenile to be <br /> returned home immediately or within six <br /> months and.'if not` why it is not in the juve- <br /> nile's best interests to return home. <br /> 2. £f the juvenile's return home within six <br /> mondis is unlikely, <br /> a. whether legal guardianslaip or custody <br /> should be given to a relative or another <br /> suitable person and, if so, what fights and <br /> respoasibilities should remain with the <br /> parents: <br /> b. whether adoption should be pursued and. <br /> if so, any barriers to the juvenile's adop- <br /> tion; and <br /> c. whether the juvenile should remain in the <br /> current placement or be placed in another <br /> permanent living arrangement, and why. <br /> <br /> <br />