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December 1998 Administration of Justice Bulletin No. 98/03 3. Whether the county department of social services, since the first permanency planning review hearing, has made reasonable efforts to implement the permanency plan for the juvenile. 4. Any other issue the court deems necessary. At the conclusion of every, permanency planning review hearing the court must make specific findings as to the best plan of care to achieve a safe, permanent home for the juvenile within a reasonable period of time. Orders at Permanency Planning Review Hearings Based on the t'mdings described above, if the ju- venile is not returned home at the conclusion of a per- manency planning review hearing, the court may appoint a guardian of the person for the juvenile or make any disposition authorized in the Juvenile Code. The court must direct the department of social services to make reasonable efforts to place the juvenile in a timely manner in accordance with the permanency plan~ to complete any steps necessary, to finalize the permanent placement, and to document those actions in the juvenile's case plan. Requirement that Termination of Parental Rights Petition Be Filed At the conclusion of a permanency planning re- view hearing, unless the court f'mds that a statutory exception applies, the court must order the director of the department of social services to initiate a proceed- ing to terrmnate parental rights ff 1. the juvenile is in the custody or placement re- sponsibili .ty of a county, depaa~m~ent of social see'ices and has been in placement outside the home for fifteen of the most recent twenty-two months: or 2. a court of competent jurisdiction has deter- mined that the parent a. has abandoned the child: b. has committed murder or voluntary man- slaughter of another child of the parent: or c. has aided, abetted, attempted, conspired, or solicited to commit murder or volun- tau manslaughter oftbe child or another child of the parent. Even when those circumstances exist, however, the court is not required to order the filing ora termi- nation of parental rights petition ff 1. the permanency plan for the juvenile is guardianship or custody with a relative or some other suitable person: or 2. the court makes specific findings as to why the filing ora petition for termination of parental rights is not in the juvenile's best interests; or 3. the department of social services has not pm- vialed the juvenile's family with services the department deems necessary, when reason- able efforts are still required to enable the juveuile's return to a safe home. If a proceeding to terminate parental rights is necessary in order to carry, out the permanency plan for the juvenile, the director of the department of social services must file the petition within sixty calendar days from the date of the permanency, planning hear- lng, unless the court makes written f'mdmgs as to why the petition cannot be filed within sixty days. In that case, the court must specify, the time frame in which the petition must be filed. Post Termination of Parental Rights Review Hearings S.L. 1998-229 amends G.S. 7A-659 to require that a relative or preadoptive parent, as well as a foster par- ent, providing care for a child be given notice of, and an opportunity to be heard at, a post termination of parental rights review hearing. It also specifies that these rights do not make those persons parties to the proceedings. Termination of l~arentai Rights Petition as Motion in the Cause New G.S. 7A-289.23.1, enacted by S.L. 1998-229. simplifies the initiation of a proceeding to terminate parental rights when the court already is exercising jurisdiction in a pending abuse, neglect, or dependency, proceeding. It permits the filing of a petition for termi- nation of parental rights as a motion in the cause in the pending proceeding. A parent who was served previ- ously in accordance with GS. 7A-565 in the abuse, neglect, or dependency proceeding "shall be served with the petition to terminate parental fights in accor- dance with G.S. IA-I, Rule 5." 5