State 

StatuteS

Child Welfare Information Gateway

Children’s Bureau/ACYF

1250 Maryland Avenue, SW

Eighth Floor

Washington, DC 20024

703.385.7565 or 800.394.3366

Email: info@childwelfare.gov

www.childwelfare.gov

U.S. Department of Health and Human Services

Administration for Children and Families

Administration on Children, Youth and Families

Children’s Bureau

Current Through 

March 2009

Court Hearings for the 

Permanent Placement 

of Children: Summary 

of State Laws

Electronic copies of this publication 

may be downloaded at

www.childwelfare.gov/systemwide/

laws_policies/statutes/planning.cfm

To find statute information for a 

particular State, go to

www.childwelfare.gov/systemwide/

laws_policies/state/index.cfm

To find information on all the 

States and territories, order a copy 

of the full-length PDF by calling 

800.394.3366 or 703.385.7565, or 

download it at

www.childwelfare.gov/systemwide/

laws_policies/statutes/planningall.pdf

Court hearings are used to review the status and 

determine the permanent placement of children 

who have been placed in out-of-home care, 

including foster care.

The Adoption and Safe Families Act (ASFA) of 

1997 (P.L. 105-89) amended title IV-E of the Social 

Security Act in an effort to provide added safety 

and permanency for children in out-of-home care. 

ASFA placed an emphasis on improving planning 

and expediting decision-making for the permanent 

placement of children in the child welfare system.
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ASFA (42 U.S.C. 675(5)(B)) requires that the status of each child 

in out-of-home care be reviewed at least once every 6 months 

by either a court or an administrative review. In addition, under 

ASFA, a permanency planning hearing must be held within 

12 months of the date the child entered care, and then every 

12 months thereafter, to review and approve the permanency 

plan for the child.1

 If a determination is made by the court that 

“reasonable efforts” to reunite the child with a parent are not 

required, a permanency planning hearing must be held within 30 

days.2

 This generally occurs because grounds exist for the filing 

of a petition to terminate parental rights.3

 The statutes in most 

States and territories are consistent with ASFA’s requirements.

Many States’ statutes specify the persons who are entitled to 

receive notice of hearings so that they may attend and offer 

testimony. Approximately six States, the District of Columbia, 

American Samoa, the Northern Mariana Islands, and the U.S. 

Virgin Islands limit attendance to the parties.4

 In child welfare 

proceedings, the term “parties” generally includes the child, the 

parent or guardian of the child, and the agency or department 

having custody of the child. 

Most States also allow other persons who have an interest in the 

child’s welfare, such as the foster parent, preadoptive parent, or 

relative currently providing care for the child, to attend hearings. 

However, in approximately 17 States, the law explicitly states 

that the opportunity to attend the hearing does not confer party 

status on the individual.5

 In other words, the individual may be 

1	 42 U.S.C.A. § 675(5)(C) (LexisNexis 2006).

2	 42 U.S.C.A. § 671(a)(15)(E) (LexisNexis 2006). To learn more about “reasonable efforts,”

see Child Welfare Information Gateway’s Reasonable Efforts to Preserve or Reunify 

Families and Achieve Permanency for Children: www.childwelfare.gov/systemwide/laws_

policies/statutes/reunify.cfm

3	 See Child Welfare Information Gateway’s Grounds for Involuntary Termination of 

Parental Rights: www.childwelfare.gov/systemwide/laws_policies/statutes/groundtermin.

cfm

4	 A “party” is a person or other entity, such as an agency, that either initiates an action,

such as a request for a hearing, or is asked to respond to a petition, and whose interests

will be addressed by the court. Arkansas, Illinois, North Dakota, South Dakota, Tennessee,

and Wyoming restrict attendance to the parties. The term approximately is used to stress

the fact that the States frequently amend their laws. This information is current through

March 2009.

5	 Alabama, Georgia, Idaho, Maine, Maryland, Massachusetts, Nebraska, New Jersey,

New York, North Carolina, Oklahoma, Pennsylvania, Rhode Island, South Carolina,

Vermont, Washington, and Wisconsin.

Schedule of 

Court Hearings

Who May 

Be Present at 

Hearings
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allowed to testify, but his or her interests will not be addressed 

by the court.

The main determination made at any hearing is whether the 

child’s current placement is safe and appropriate for the child’s 

needs. The hearing also serves as a forum for the court to make

the following determinations:

• Whether the case plan developed by the State agency is 

appropriately addressing the service needs of the child and 

his or her family6

• The extent of the family’s compliance with the case plan 

• The progress that has been made in correcting the conditions 

that led to the child’s placement in out-of-home care 

• Whether the agency or department has made reasonable 

efforts to provide services that meet the child and family’s 

needs 

At the permanency hearing, a plan must be developed that 

includes the desired permanency goal and the timeframe for 

achieving that goal.

Reunification of the child with his or her family is the preferred 

permanency option whenever that can be safely achieved. In 

those cases where reunification is not appropriate, adoption 

is viewed as providing the greatest degree of permanence. 

In some situations, however, adoption may not be a realistic 

or appropriate option. For example, some older children may 

object to losing legal ties to their birth parents. Or, some 

children have special needs that prevent placement in a home 

environment, so an adoptive placement is difficult to achieve. 

Consequently, more attention is being focused on alternative 

permanency options such as guardianship with relatives. Such 

options do not provide the same level of permanency available 

through adoption but frequently facilitate continuity of family 

ties, which may be in the child’s best interests.

6	 For further discussion of the case planning process, see Child Welfare Information

Gateway’s Case Planning for Families Involved With Child Welfare Agencies: www.

childwelfare.gov/systemwide/laws_policies/statutes/caseplanning.cfm

Determinations 

Made at 

Hearings

Permanency 

Options
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In general, statutes addressing legal permanency options 

include the following:

• Reunification with the parent(s) 

• Adoption

• Placement with a fit and willing relative (kinship care) 

• Legal guardianship 

• Another planned permanent living arrangement7 

7	 42 U.S.C.A. § 675(5)(C) (LexisNexis 2006). Depending on the age and needs of the

child, other permanent living arrangements can include long-term foster care, residential

care, and independent living.

This publication is a product of the State Statutes Series 

prepared by Child Welfare Information Gateway. While every 

attempt has been made to be as complete as possible, 

additional information on these topics may be in other 

sections of a State’s code as well as agency regulations, case 

law, and informal practices and procedures.
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Alabama

Schedule of Hearings

Citation: Ala. Code §§ 12-15-312; 12-15-315

Effective January 1, 2009

If reasonable efforts are not made with respect to a child as a result of a determination made by a juvenile court, a 

permanency hearing shall be held for the child within 30 days after the determination.

Within 12 months of the date a child is removed from the home and placed in out-of-home care, and no less frequently 

than every 12 months thereafter during the continuation of the child in out-of-home care, the juvenile court shall hold a 

permanency hearing. 

Persons Entitled to Attend Hearings

Citation: Ala. Code § 12-15-307

Effective January 1, 2009

Relative caregivers, preadoptive parents, and foster parents of a child in foster care under the responsibility of the State 

shall be given notice, verbally or in writing, of the date, time, and place of any juvenile court proceeding being held with 

respect to a child in their care. Foster parents, preadoptive parents, and relative caregivers of a child in foster care have 

a right to be heard in any juvenile court proceeding being held with respect to a child in their care. No foster parent, 

preadoptive parent, or relative caregiver of a child in foster care shall be made a party to a juvenile court proceeding 

solely on the basis of this notice and right to be heard pursuant to this section. 

Determinations Made at Hearings

Citation: Ala. Code § 12-15-315

Effective January 1, 2009

At the permanency hearing, the Department of Human Resources shall present to the juvenile court a permanent plan 

for the child. If a permanent plan is not presented to the court at this hearing, there shall be a rebuttable presumption 

that the child should be returned home. In the case of a child who will not be returned home, at the permanency hearing 

the court shall consider in-State and out-of-State placement options.

If the court determines the permanent plan shall be placement in another planned permanent living arrangement, the 

department must document a compelling reason for determining that it would not be in the best interests of the child to 

return home, be placed for adoption, be permanently placed with a relative, or be placed in adult custodial care. If the 

child has been placed in foster care outside the State of Alabama, at the permanency hearing the court shall determine 

whether the out-of-State placement continues to be appropriate and in the best interests of the child. 

In the case of a child who has attained age 16, the court shall consider the services needed to assist the child to make 

the transition from foster care to independent living. In any permanency hearing held with respect to the child, including 

any hearing regarding the transition of the child from foster care to independent living, the juvenile court shall consult, in 

an age-appropriate manner, with the child regarding the proposed permanency or transition plan for the child.

Permanency plans may be concurrent and the department may make reasonable efforts concurrently toward multiple 

permanency goals. The permanency hearing order of the court shall address whether the department has made 

reasonable efforts to finalize any existing permanency plan for the child. 
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Permanency Options

Citation: Ala. Code § 12-15-315

Effective January 1, 2009

The purpose of the permanency hearing shall be to determine the permanency plan for the child that may include 

whether, and, if applicable, when, the child shall be:

• Returned home on a specific date

• Placed for adoption with no identified resource or with the current foster parent wherein the Department of 

Human Resources shall file a petition for termination of parental rights

• Permanently placed with a relative with a transfer of legal and physical custody to the relative or with a transfer of 

physical custody to the relative but with the department retaining legal custody

• Placed in adult custodial care

• Placed in another planned permanent living arrangement

Alaska

Schedule of Hearings

Citation: Alaska Stat.§§ 47.10.080; 47.10.086

If the court determines that reasonable efforts are not required to be provided, the court shall hold a permanency 

hearing for the child within 30 days after the determination.

Within 12 months after the date a child enters foster care, the court shall hold a permanency hearing. The court shall 

hold a hearing to review the permanent plan at least annually until successful implementation of the plan. If the plan 

approved by the court changes after the hearing, the Department of Health and Social Services shall promptly apply to 

the court for another permanency hearing, and the court shall conduct the hearing within 30 days after application by the 

department. 

Persons Entitled to Attend Hearings

Citation: Alaska Stat. §§ 47.10.030; 47.10.080

In all cases under this chapter, the child, each parent, the Tribe, foster parent or other out-of-home care provider, 

guardian, and guardian ad litem of the child, and each grandparent of the child shall be given notice of the proceedings 

and the possibility of termination of parental rights and responsibilities.

The department shall give advance written notice of all court hearings to a child’s grandparent if:

• The grandparent has contacted the department, provided evidence of being the child’s grandparent, requested 

notice about the hearings in the child’s case, and provided the department with a current mailing address.

• The department is aware that the child has a grandparent and the grandparent’s mailing address is on file.

The department is not required to give advance notice to a grandparent about hearings in a child’s case if the 

grandparent:

• Has been convicted of a crime in which the child was the victim

• Is prohibited by a court order from having contact with the child

The department, the child, and the child’s parents, guardian, and guardian ad litem are entitled, when good cause is 

shown, to a permanency hearing on application. If the application is granted, the court shall afford these persons and 

their counsel reasonable advance notice and hold a permanency hearing where these persons and their counsel shall be 

afforded an opportunity to be heard. 
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Determinations Made at Hearings

Citation: Alaska Stat. § 47.10.080

At each hearing, the court shall determine:

• Whether the department has made reasonable efforts to offer appropriate family support services to the parent

• Whether the parent has made substantial progress to remedy conduct or conditions in the home

• If the plan is for the child to remain in out-of-home care, whether the child’s placement continues to be 

appropriate

• Whether the department has made reasonable efforts to finalize the permanent plan for the child

Permanency Options

Citation: Alaska Stat. § 47.10.080

When the establishing the permanency plan, the court shall determine whether:

• The child should be returned to the parent or guardian

• The child should be placed for adoption or legal guardianship and a petition for termination of parental rights be 

filed by the department

• The child should be placed in another planned permanent living arrangement and the steps needed to achieve 

the new arrangement

American Samoa

Schedule of Hearings

Citation: Ann. Code § 45.0361

A decree vesting legal custody of a child in an individual, institution, or agency other than the bureau is for an 

indeterminate period, not to exceed 2 years from the date it was entered. The decree is reviewed by the court no later 

than 6 months after it is entered. 

Persons Entitled to Attend Hearings

Citation: Ann. Code § 45.0362

The persons who may attend a hearing include:

• A parent, guardian, custodian, or next friend of any child adjudicated under this chapter

• Any person affected by a decree in a proceeding under this chapter

Determinations Made at Hearings

Citation: Ann. Code § 45.0361

The individual, institution, or agency vested with the legal custody of a child may petition the court for renewal of the 

decree. The court, after notice and hearing, may renew the decree for an additional period as the court may determine 

if it finds the renewal to be in the best interests of the child. The findings of the court and the reasons for them shall be 

entered with the order renewing or denying renewal of the decree. 

Permanency Options

Citation: Ann. Code §§ 45.0354; 45.0355

The court may order any of the following:

• Placement of the child in the legal custody of one or both parents, with or without protective supervision

• Placement of the child in the legal custody of a relative or other suitable person, with or without protective 

supervision

• Placement of the child in the legal custody of a child placement agency

• Termination of all parental rights of one or both parents when it finds that the best interests and welfare of the 

child so require
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Arizona

Schedule of Hearings

Citation: Rev. Stat. § 8-862

The court shall hold a permanency hearing to determine the future permanent legal status of the child:

• Within 30 days after the disposition hearing if the court does not order reunification services

• Within 6 months after a child who is under age 3 is removed from the child’s home

• In all other cases, within 12 months after the child is removed from the child’s home

If the court determines that the child should remain in out-of-home placement longer than 18 months from the date of 

the permanency order, the court shall conduct a review of the order at least once each year. After reviewing the order, 

the court may reaffirm the order or direct other disposition of the child. 

Persons Entitled to Attend Hearings

Citation: Rev. Stat. § 8-847

The following persons shall be provided notice of the review and the right to participate in the proceeding:

• The agency charged with the child’s care and custody

• Any foster parents in whose home the child resided within the last 6 months 

• A shelter care facility or receiving foster home where the child resides or has resided within the last 6 months for 

more than 30 days

• The child’s parent or guardian, unless the parental rights of that parent or guardian have been terminated 

• The child, if age 12 or older

• The child’s relative, if the relative files a written notice of right of participation with the court

• A person permitted by the court to intervene as a party in the dependency proceeding

• A physical custodian of the child within the preceding 6 months

• Any person who has filed a petition to adopt or who has physical custody pursuant to a foster-adoptive placement

• Any other person as the court may direct

Determinations Made at Hearings

Citation: Rev. Stat. §§ 8-845; 8-862

In reviewing the status of the child, the court shall consider the health and safety of the child as a paramount concern 

and the following criteria:

• The goals of the placement and the appropriateness of the case plan

• The services that have been offered to reunite the family

• If returning the child home is not likely, the efforts that have been or should be made to evaluate or plan for other 

permanent placement plans

The court shall review the permanent plan that has been established for the child. In reviewing the status of the child, the 

court, insofar as possible, shall seek to reunite the family. If the court does not order reunification of the family, the court 

shall order a plan of adoption or another permanent plan that is in the child’s best interests.

At the permanency hearing, the court shall determine:

• Whether termination of parental rights, adoption, permanent guardianship, or some other permanent legal status 

is the most appropriate plan for the child

• Whether reasonable efforts have been made to finalize the permanency plan in effect
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Permanency Options

Citation: Rev. Stat. §§ 8-845; 8-862

The court may order any of the following:

• Return to the child’s parent

• Placement with a grandparent or other member of the child’s extended family, including a person who has a 

significant relationship with the child, unless the court determines that such placement is not in the child’s best 

interests

• Adoption

• Placement with a suitable institution, association, or school

• Independent living

• Placement with any adult as a permanent guardian

Arkansas

Schedule of Hearings

Citation: Ann. Code §§ 9-27-337; 9-27-338; 9-27-359

A review hearing shall be held no later than 6 months from the date of the original out-of-home placement of the child, 

and every 6 months thereafter until permanency is achieved.

Permanency hearings shall be held:

• No later than 12 months after the child enters care

• When the child has been in placement 15 of the previous 22 months

• No later than 30 days after the court orders no reunification services

• Annually, as long as the child remains in placement

If the court determines that the permanency goal is termination of parental rights, the Department of Human Services 

shall file the petition to terminate parental rights within 30 days. 

A hearing shall be held to determine whether the department shall file a petition to terminate parental rights if:

• A juvenile has been in an out-of-home placement for 15 continuous months, excluding trial placements and time 

on runaway status

• The goal at the permanency planning hearing was either reunification or another planned permanent living 

arrangement

Persons Entitled to Attend Hearings

Citation: Ann. Code §§ 9-27-337; 9-27-338

The following persons may petition the court:

• The Department of Human Services

• The attorney ad litem

• The parties and their counsel
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Determinations Made at Hearings

Citation: Ann. Code §§ 9-27-337; 9-27-338

At each review hearing, the court shall determine whether:

• The case plan, services, and placement meet the special needs and best interests of the child, with the child’s 

health, safety, and educational needs specifically addressed.

• The State has made reasonable efforts to provide family services.

• The case plan is moving toward an appropriate permanency plan.

• The visitation plan is appropriate for the child, the parent or parents, and any siblings, if separated.

• In making its findings, the court shall consider the following:

• The extent of compliance with the case plan, including, but not limited to, a review of the department’s care for 

the health, safety, and education of the child while he or she has been in an out-of-home placement

• The extent of progress that has been made toward alleviating or mitigating the causes of the out-of-home 

placement

• Whether the child should be returned to his or her parent or parents and whether or not the child’s health and 

safety can be protected by his or her parent or parents if returned home

• An appropriate permanency plan for the child, including concurrent planning

At every permanency planning hearing, the court shall make a finding on whether the department has made reasonable 

efforts and shall describe the efforts to finalize a permanency plan for the child. 

Permanency Options

Citation: Ann. Code § 9-27-338

At the permanency planning hearing, the court shall enter one of the following permanency goals, listed in order of 

preference, in accordance with the best interests of the child:

• Returning the child to the parent, guardian, or custodian

• Terminating the parent-child relationship so that the child is available to be adopted

• Obtaining a guardian for the child

• Obtaining a permanent custodian for the child, including permanent custody with a relative

• Continuing the goal of reunification, only when the parent is making significant progress toward reunification 

• Authorizing a plan for another planned permanent living arrangement that may include independent living, if age 

appropriate 
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California

Schedule of Hearings

Citation: Welf. & Inst. Code § 366.21

Hearings shall be held as follows:

• A review hearing shall be held 6 months after the initial dispositional hearing.

• A permanency hearing shall be held 12 months after the child has entered foster care and may be continued for 6 

months. 

• A hearing shall be held within 120 days if the child is under age 3 years or part of a sibling group, the whereabouts 

of the parents are unknown, or the parent has been convicted of a felony indicating parental unfitness.

Persons Entitled to Attend Hearings

Citation: Welf. & Inst. Code § 366.21

The following shall be present at the hearings:

• The social worker 

• Counsel for the child

• A court-appointed child advocate 

• The parent or legal guardian

When a child has been in the physical custody of a foster parent, a relative caregiver, or a certified foster parent who has 

been approved for adoption, the foster parent, relative caregiver, or the certified foster parent may file with the court a 

report containing his or her recommendation for disposition. The court shall consider the report and recommendation 

prior to determining any disposition. 

Determinations Made at Hearings

Citation: Welf. & Inst. Code § 366.21

At the hearing, the court shall consider:

• The criminal history of the parent subsequent to the child’s removal to the extent that the criminal record is 

substantially related to the welfare of the child or the parent’s ability to exercise custody and control regarding his 

or her child

• Whether reasonable services that were designed to aid the parent or legal guardian to overcome the problems 

that led to the initial removal and continued custody of the child have been provided or offered to the parent or 

legal guardian

• The efforts or progress, or both, demonstrated by the parent and the extent to which he or she availed himself 

or herself of services provided, taking into account the particular barriers to an incarcerated or institutionalized 

parent or legal guardian’s access to those court-mandated services and ability to maintain contact with his or 

her child

For each youth age 16 or older, the court shall determine whether services have been made available to assist him or her 

in making the transition from foster care to independent living.

If the court orders that a child who is age 10 or older remain in long-term foster care, the court shall determine whether 

the agency has made reasonable efforts to maintain the child’s relationships with individuals other than the child’s siblings 

who are important to the child, consistent with the child’s best interests, and may make any appropriate order to ensure 

that those relationships are maintained.

If the child had been placed under court supervision with a previously noncustodial parent, the court shall determine 

whether supervision is still necessary. The court may terminate supervision and transfer permanent custody to that 

parent. 
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Permanency Options

Citation: Welf. & Inst. Code §§ 366.21; 366.26

At the permanency hearing, the court shall determine the permanent plan for the child, which shall include a 

determination of whether the child will be returned to the child’s home and, if so, when. The court shall order the return 

of the child to the physical custody of his or her parent or legal guardian unless the court finds, by a preponderance 

of the evidence, that the return of the child to his or her parent or legal guardian would create a substantial risk of 

detriment to the safety, protection, or physical or emotional well-being of the child. 

For each youth age 16 or older, the court shall also determine whether services have been made available to assist him 

or her in making the transition from foster care to independent living. 

If the court determines that the child cannot be returned to his or her parent, a hearing will be held as directed by § 

366.26. At this hearing, the court shall make findings and orders in the following order of preference:

• Terminate the rights of the parent or parents and order that the child be placed for adoption

• Appoint a relative or relatives with whom the child is currently residing as legal guardian or guardians for the child

• Identify adoption as the permanent placement goal and order that efforts be made to locate an appropriate 

adoptive family for the child within 180 days

• Appoint a nonrelative legal guardian for the child and order that letters of guardianship be issued

• Order that the child be placed in long-term foster care, subject to the periodic review of the juvenile court

Colorado

Schedule of Hearings

Citation: Rev. Stat. § 19-3-702

Permanency hearings shall be held:

• As soon as possible after the dispositional hearing, but no later than 12 months after the child has entered 

foster care

• Every 12 months thereafter while the child remains in an out-of-home placement

• Within 30 days after a finding that reasonable efforts are not required

• In counties with expedited permanency planning for children under age 6, within 3 months

Persons Entitled to Attend Hearings

Citation: Rev. Stat. § 19-3-702

The following persons shall be present at all hearings:

• The parents of the child

• The child, if appropriate

• The foster parents, preadoptive parents, or relative caregivers, if any
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Determinations Made at Hearings

Citation: Rev. Stat. § 19-3-702

At the permanency hearing, the court shall first determine whether the child shall be returned to the child’s parent, and, 

if applicable, the date on which the child shall be returned, and whether reasonable efforts have been made to find a 

safe and permanent placement for the child. If the child is not returned to his or her parent, the court shall determine 

whether there is a substantial probability that the child will be returned within 6 months. 

At any permanency hearing conducted by the court, the court shall make determinations as to the following:

• Whether procedural safeguards to preserve parental rights have been applied in connection with any change in 

the child’s placement or any determination affecting parental visitation of the child

• Whether reasonable efforts have been made to finalize the permanency plan that is in effect at the time of the 

hearing

• If a child resides in a placement out of State, whether the out-of-State placement continues to be appropriate and 

in the best interests of the child

• If the child is age 16 or older, whether the permanency plan includes independent living services

• Periodic reviews conducted by the court or, if there is no objection by any party to the action, in the court’s 

discretion, through an administrative review conducted by the State Department of Human Services, shall 

determine the following: 

• Whether the child’s safety is protected in the placement

• Whether reasonable efforts have been made to find a safe and permanent placement

• The continuing necessity for and appropriateness of the placement

• The extent of compliance with the case plan, and the extent of progress that has been made toward alleviating or 

mitigating the causes necessitating placement in foster care

• A likely date by which the child may be returned to and safely maintained at home or placed for adoption, legal 

guardianship, or another permanent safe placement setting

Permanency Options

Citation: Rev. Stat. §§ 19-3-702; 19-3-703

If the child cannot be returned to the parent, the court shall determine the future placement of the child. Options for 

placement may include:

• Adoption

• Legal guardianship or custody

• Placement with a fit and willing relative

• Another permanent living arrangement

In counties with expedited permanency planning, placement options for a child under age 6 include:

• Reunification with the parent

• Placement with a relative

• Placement with an adoptive parent

• Permanent custody granted to another

• If the child cannot be returned home, placement in the least restrictive level of care
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Connecticut

Schedule of Hearings

Citation: Gen. Stat. § 46b-129

A review hearing shall be held within 60 days of the child’s removal from the home.

Permanency hearings shall be held:

• Initially 9 months after placement of the child

• Every 12 months thereafter

• If the court determines that reasonable efforts are no longer appropriate, within 30 days

Persons Entitled to Attend Hearings

Citation: Gen. Stat. § 46b-129

The court shall provide notice to the child and the parent or guardian of the child of the time and place of the court 

hearing no less than 14 days prior to such hearing.

A foster parent, prospective adoptive parent, or relative caregiver shall receive notice and have the right to be heard in 

any proceeding concerning a foster child living with such foster parent, prospective adoptive parent, or relative caregiver. 

A foster parent, prospective adoptive parent, or relative caregiver who has cared for a child shall have the right to be 

heard and comment on the best interests of such child in any proceeding that is brought not more than 1 year after the 

last day the foster parent, prospective adoptive parent, or relative caregiver provided such care.

Upon motion of any sibling of any child committed to the Department of Children and Families, such sibling shall have 

the right to be heard concerning visitation with, and placement of, any such child. In awarding any visitation or modifying 

any placement, the court shall be guided by the best interests of all siblings affected by such determination. 

Determinations Made at Hearings

Citation: Gen. Stat. § 46b-129

At the review hearing, the court shall determine whether the department made reasonable efforts to keep the child with 

his or her parents or guardian prior to the removal of the child from home and, if such efforts were not made, whether 

such reasonable efforts were not possible, taking into consideration the child’s best interests, including his or her health 

and safety.

At the permanency hearing, the court shall review:

• The status of the child

• The progress being made to implement the permanency plan

• The timetable for attaining the permanency plan

• The services to be provided to the parent if the court approves a permanency plan of reunification and the 

timetable for such services

• Whether the Department of Children and Families has made reasonable efforts to achieve the permanency plan
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Permanency Options

Citation: Gen. Stat. § 46b-129

At the permanency hearing, the court shall approve a permanency plan that is in the best interests of the child and 

takes into consideration the child’s need for permanency. The child’s health and safety shall be of paramount concern in 

formulating the plan. Such permanency plan may include the goal of: 

• Revocation of commitment and reunification of the child with the parent, with or without protective supervision

• Transfer of guardianship

• Long-term foster care with a relative licensed as a foster parent or certified as a relative caregiver

• Adoption and filing of termination of parental rights

• Another planned permanent living arrangement

Another planned permanent living arrangement may be ordered by the court only after the Commissioner of Children 

and Families has documented a compelling reason why it would not be in the best interests of the child for the 

permanency plan to include another permanency goal. The other planned permanent living arrangement may include, 

but not be limited to, placement of a child or youth in an independent living program or long-term foster care with an 

identified foster parent. 

Delaware

Schedule of Hearings

Citation: Ann. Code Tit. 31, § 3803

An administrative review by the Child Placement Review Board is required:

• Once during the first 12 months after placement of the child

• At least annually thereafter

The Child Placement Review Board is with the Administrative Office of the Courts. 

Persons Entitled to Attend Hearings

Citation: Ann. Code Tit. 31, § 3814

The following persons may be present at a review:

• The Division of Family Services or Division of Youth Rehabilitative Services caseworker or supervisor most closely 

involved with a case

• Placement agencies

• The child’s parents or legal guardians

• The guardian ad litem or court-appointed special advocate for the child, and/or their attorneys

• Staff of the Child Placement Review Board

• Other participants with notice to provide information at the review and anyone else deemed by the Review 

Committee as necessary to the review process

A child of appropriate age and mental capacity who requests a private interview with the Review Committee may be 

interviewed privately at the committee’s discretion. 
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Determinations Made at Hearings

Citation: Ann. Code Tit. 31, §§ 3810; 3820

The purposes of an administrative review are:

• To determine whether a plan has been developed for the child that adheres to policy, maintains a child’s safety, 

and has been implemented and complied with

• To assess the efforts of the placement agency to achieve permanency for the child

• To determine whether the current placement of the child is appropriate and facilitates stability in the child’s life

The board, with the approval of the executive committee, may petition the court for a judicial review of a child in the care 

or custody of a placement agency if:

• The placement agency disagrees with the recommendations of the board.

• The board determines that there has been a failure by the placement agency to progress toward establishing 

permanency for the child.

• The board determines that the placement agency is not fulfilling the requirements of the permanency plan as 

ordered by the court.

Permanency Options

Citation: Ann. Code Tit. 31, § 3810

The board may consider the following permanency options: 

• Reunification with the parent or guardian

• Adoption 

• Another planned permanent living arrangement

District of Columbia

Schedule of Hearings

Citation: Ann. Code §§ 4-1301.09a; 16-2323

A review hearing shall be held every 6 months for as long as the child remains in an out-of-home placement. 

A permanency hearing shall be held:

• Within 12 months of the child’s entry into foster care and at least every 6 months thereafter

• Within 30 days after a determination that reasonable efforts for reunification are not required

Persons Entitled to Attend Hearings

Citation: Ann. Code § 16-2323

Notice of hearings shall be provided to all parties and their attorneys. Parties include the child and the child’s parents or 

guardians. 

Determinations Made at Hearings

Citation: Ann. Code § 16-2323

The purpose of the review hearing is to determine:

• The safety of the child

• The continuing necessity for and appropriateness of the placement

• The extent of compliance with the case plan

• The extent of progress toward alleviating the causes necessitating placement in foster care

• A date by which the child may be returned to the parent or placed in a permanent placement

The purpose of the permanency hearing shall include the determinations required above and determining the 

permanency plan for the child including whether the child will be permanently placed and if so, when. 
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Permanency Options

Citation: Ann. Code § 16-2323

Permanent placement options include:

• Return to the parent

• Placement for adoption

• Legal custody or guardianship

• Another planned permanent living arrangement, such as placement with a kinship caregiver, another relative 

placement, or independent living

Florida

Schedule of Hearings

Citation: Ann. Stat. §§ 39.701; 39.621

Hearings shall be held to review the status of the child:

• At least every 6 months until the child reaches permanency status

• No later than 90 days after the date of the disposition hearing or after the date of the hearing at which the court 

approves the case plan, whichever comes first

• No later than 6 months after the date the child was removed from the home

• No later than 6 months after the date that the child was placed in shelter care to review the child’s permanency 

goal as identified in the case plan

• At minimum, 6 months following the reunification of the child with his or her parent(s) to determine whether 

supervision by the Department of Children and Family Services and the court’s jurisdiction shall continue or be 

terminated

• If the child is placed in the custody of the department or a licensed child-placing agency for the purpose of 

adoptive placement, every 6 months until the adoption is finalized

• Within 90 days after a child’s 17th birthday and as necessary during the year prior to the child’s 18th birthday

A permanency hearing must be held:

• No later than 12 months after the date the child was removed from the home

• No later than 30 days after a court determines that reasonable efforts to return a child to either parent are not 

required

• At least every 12 months for any child who continues to receive supervision from the department or awaits 

adoption

Persons Entitled to Attend Hearings

Citation: Ann. Stat. § 39.701

Notice of a judicial review hearing or a citizen review panel hearing must be served upon all of the following persons, if 

available to be served, regardless of whether the person was present at the previous hearing at which the date, time, and 

location of the hearing was announced:

• The social service agency charged with the supervision of care, custody, or guardianship of the child

• The foster parent or legal custodian in whose home the child resides

• The parents

• The guardian ad litem for the child

• The attorney for the child

• The child if he or she is age 13 or older

• Any preadoptive parent

• Such other persons as the court may direct
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Determinations Made at Hearings

Citation: Ann. Stat. §§ 39.701; 39.621

The court shall seek to determine:

• The compliance or lack of compliance of all parties with applicable items of the case plan, including the parents’ 

compliance with child support orders

• The compliance or lack of compliance with a visitation contract between the parent and the social service agency 

for contact with the child

• The compliance or lack of compliance of the parent in meeting specified financial obligations pertaining to the 

care of the child

• Whether the child is receiving safe and proper care, including, but not limited to, the appropriateness of the 

child’s current placement

• A projected date likely for the child’s return home or other permanent placement 

• When appropriate, the basis for the unwillingness or inability of the parent to become a party to a case plan

• For a child who has reached age 13 but is not yet age 18, the adequacy of the child’s preparation for adulthood 

and independent living 

• If amendments to the case plan are required

At the permanency hearing, the court shall determine: 

• Whether the current permanency goal for the child is appropriate or should be changed

• When the child will achieve one of the permanency goals 

• Whether the department has made reasonable efforts to finalize the permanency plan currently in effect

The best interests of the child is the primary consideration in determining the permanency goal for the child. The court 

must also consider:

• The reasonable preference of the child if the court has found the child to be of sufficient intelligence, 

understanding, and experience to express a preference

• Any recommendation of the guardian ad litem

Permanency Options

Citation: Ann. Stat. § 39.621

The permanency goals available under this chapter, listed in order of preference, are: 

• Reunification

• Adoption, if a petition for termination of parental rights has been or will be filed

• Permanent guardianship of a dependent child under § 39.6221

• Permanent placement with a fit and willing relative under § 39.6231

• Placement in another planned permanent living arrangement under § 39.6241

If a child will not be reunited with a parent, adoption is the primary permanency option. If the child is placed with a 

relative or with a relative of the child’s half-brother or half-sister as a permanency option, the court may recognize the 

permanency of this placement without requiring the relative to adopt the child.

If the court approves a permanency goal of permanent guardianship of a dependent child, placement with a fit 

and willing relative, or another planned permanent living arrangement, the court shall make findings as to why this 

permanent placement is established without adoption of the child to follow. If the court approves a permanency goal of 

another planned permanent living arrangement, the court shall document the compelling reasons for choosing this goal. 
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Georgia 

Schedule of Hearings

Citation: Ann. Code § 15-11-58

All cases of children in foster care shall be initially reviewed within 90 days of the dispositional order but no later than 6 

months following the child’s placement. Additional periodic reviews shall be held at 6-month intervals.

A permanency hearing shall be held:

• No later than 30 days after the division has submitted a written report to the court that does not recommend 

reunification services, or no later than 12 months after the child has entered foster care, whichever comes first

• Every 12 months as long as the child remains in the custody of the department

Persons Entitled to Attend Hearings

Citation: Ann. Code § 15-11-58

The parents, the custodian of the child, the foster parents of the child, any preadoptive parent or relative providing care 

for the child, and other parties shall be given written notice of any hearing. 

A custodian, foster parent, preadoptive parent, or relative caring for the child may be given an opportunity to be heard 

at the hearing, but is not a party to the action. 

Determinations Made at Hearings

Citation: Ann. Code § 15-11-58

At each hearing, the court shall determine:

• Whether reasonable efforts were made by the division to preserve and reunify the family prior to the placement of 

a child in the custody of the department to prevent or eliminate the need for removal of the child from that child’s 

home, and to make it possible for the child to return safely to the child’s home

• Whether the proposed case plan is appropriate for the child 

• Whether the department intends to petition for termination of parental rights

Permanency Options

Citation: Ann. Code § 15-11-58

At the time of the permanency hearing, the division shall submit a permanency plan for the child that shall include 

whether and when the child shall be: 

• Returned to the parent or parents

• Referred for termination of parental rights and adoption

• Referred for legal guardianship

• Placed permanently with a fit and willing relative

• Placed in another planned permanent living arrangement in a case where the division has provided a compelling 

reason that none of the foregoing options would be in the best interests of the child

Guam

Schedule of Hearings

Citation: Ann. Code Tit. 19, § 13322

A progress hearing shall be held:

• No later than 6 months after an order of disposition

• Thereafter, at least every 6 months until the court’s jurisdiction has been terminated or permanent custody 

achieved
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Persons Entitled to Attend Hearings

Citation: Ann. Code Tit. 19, § 13322

Notice of the hearing shall be sent to:

• The parties

• Present or former foster parents

Determinations Made at Hearings

Citation: Ann. Code Tit. 19, §§ 13322; 13324

At the progress hearing the court shall determine:

• Whether the family has complied with, performed, and completed, if possible, the terms and conditions of the 

disposition order

• Whether the family is willing and able to provide the child with a safe home

• Whether the proposed permanency plan is in the best interests of the child

• If the child is age 12 or older, whether he or she is supportive of the permanency plan

Permanency Options

Citation: Ann. Code Tit. 19, § 13324

Permanency options include:

• Return to the parent 

• Adoption

• Placement of the child in the permanent custody of the family or persons who have been as family to the child but 

are unable to adopt the child

• Placement of the child in the permanent custody of an authorized agency until the child is adopted or reaches age 

18

Hawaii

Schedule of Hearings

Citation: Rev. Stat. §§ 587-72; 587-73

A case review hearing shall be held within 6 months after a service plan is ordered by the court, and every 6 months until 

court jurisdiction is terminated, or the court has ordered a permanent plan and has set the case for a permanent plan 

review hearing.

A permanency plan hearing shall be held within 30 days when:

• Aggravated circumstances are present.

• The child has been in placement for 12 consecutive months.

• The child has been in placement for a total of 15 of the most recent 22 months.

Persons Entitled to Attend Hearings

Citation: Rev. Stat. § 587-51.5

Notice of all hearings shall be served upon the parties and upon the parents. Notice of all hearings subsequent to 

the disposition hearing shall be served upon the current foster parent or parents, each of whom shall be entitled to 

participate in the proceedings as a party. 
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Determinations Made at Hearings

Citation: Rev. Stat. §§ 587-72; 587-73

At each review hearing, the court shall:

• Determine whether the child’s family is presently willing and able to provide the child with a safe family home 

without the assistance of a service plan

• Determine whether the child’s family is presently willing and able to provide the child with a safe family home with 

the assistance of a service plan and, if so, the court shall return the child or continue the placement of the child in 

the child’s family home under the family supervision of the appropriate agency

• If the child’s family home is determined not to be safe, even with the assistance of a service plan, order that the 

child remain or be placed under the foster custody of the appropriate agency

• Determine whether the parties have complied with, performed, and completed every term and condition of the 

service plan 

• Order revisions to the existing service plan that the court deems to be appropriate

• Determine whether aggravated circumstances are present

At the permanency plan hearing, the court will determine: 

• That the parent is not willing or able to provide a safe and suitable home, even with a service plan

• That the proposed permanent plan will achieve a goal that is in the child’s best interests 

• If a child is age 14 or older, that the child is supportive of the permanent plan

Permanency Options

Citation: Rev. Stat. §§ 587-72; 587-73

Permanency options include:

• Return to the parent 

• Adoption 

• Guardianship 

• Permanent custody with an agency until the child is adopted, placed under a guardianship, or reaches the age of 

majority

Idaho

Schedule of Hearings

Citation: Idaho Code § 16-1622; Admin. Code 16.06.01.240; 16.06.01.250

A case review shall be held no later than 6 months after the start of court jurisdiction, and every 6 months thereafter 

for as long as the child remains in the custody of the department. The hearing may be conducted by the court of a 

department review panel.

A permanency plan hearing shall be held prior to 12 months after the child’s removal from home or the start of court’s 

jurisdiction, whichever is first. The hearing shall be conducted by the court having jurisdiction over the case. 

Persons Entitled to Attend Hearings

Citation: Idaho Code §§ 16-1620; 16-1621; Admin. Code 16.06.01.240; 16.06.01.250

The hearing shall include, at a minimum:

• The child’s parents

• The child’s legal guardians

• Guardians ad litem

• The foster parents

• Any preadoptive parents or relatives providing care for the child

• The child’s Indian Tribe, if appropriate

Foster parents, preadoptive parents, or relatives providing care for the child may be given an opportunity to be heard at 

the hearing but are not thereby made parties to the child protective action. 
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Determinations Made at Hearings

Citation: Idaho Code § 16-1622; Admin. Code 16.06.01.240

At the review hearing, the following must be determined:

• The extent of compliance with the family services plan

• The extent of progress made toward alleviating or mitigating the causes necessitating the placement

• Compliance with the Indian Child Welfare Act, when applicable

• The safety of the child, and the continuing need for and appropriateness of the child’s placement

• A likely date by which the child may be returned and safely maintained at home or placed for adoption, legal 

guardianship, or other permanent placement

At the permanency hearing, the court shall:

• Review, approve, reject, or modify the permanency plan

• Review progress in accomplishing the permanency plan

Permanency Options

Citation: Idaho Code § 16-1620

After a judicial determination that reasonable efforts to return the child to his home are not required because the parent 

has subjected the child to aggravated circumstances, the department shall prepare a permanency plan. The plan shall 

set forth reasonable efforts to place the child for adoption, with a legal guardian, or in another approved permanent 

placement. 

Illinois

Schedule of Hearings

Citation: Cons. Stat. Tit. 705, § 405/2-28

A permanency hearing shall be held:

• Within 12 months from the date temporary custody was taken 

• Within 30 days of termination of parental rights or a determination that reasonable efforts are not required

Subsequent permanency hearings are to be held every 6 months until permanency is achieved. 

Persons Entitled to Attend Hearings

Citation: Cons. Stat. Tit. 705, § 405/2-28

The following persons must be present at a hearing:

• The child’s parent, guardian, or legal custodian

• All parties named in a petition

• The caseworker, who must testify

Determinations Made at Hearings

Citation: Cons. Stat. Tit. 705, § 405/2-28

The court shall consider:

• The permanency goal contained in the service plan

• Appropriateness of services in the plan and whether those services have been provided

• Whether reasonable efforts have been made by all parties

• Whether the plan and goal have been achieved
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Permanency Options

Citation: Cons. Stat. Tit. 705, § 405/2-28

The court may consider the following permanency goals:

• Return to the parent within a specified time

• Adoption 

• Guardianship

• Remaining in substitute care pending independence for minors age 15 years and older

• Remaining in substitute care because a home environment is unsuitable due to developmental disability or mental 

illness

Indiana

Schedule of Hearings

Citation: Ann. Code §§ 31-34-21-2; 31-34-21-7

The case of each child in need of services under the supervision of the Department of Child Services must be reviewed 

at least once every 6 months, or more often, if ordered by the court. The first of these periodic case reviews must occur 

at least 6 months after the date of the child’s removal from the child’s home, or at least 6 months after the date of the 

dispositional decree, whichever comes first.

Each periodic case review must be conducted by the juvenile court in a formal court hearing. The court may perform a 

case review any time after a progress report has been filed.

The court shall hold a permanency hearing:

• No later than 30 days after a court finds that reasonable efforts to reunify or preserve a child’s family are not 

required 

• Every 12 months after the date of the original dispositional decree or the date that the child in need of services 

was removed from the child’s parent, guardian, or custodian, whichever comes first

• More often if ordered by the juvenile court

Persons Entitled to Attend Hearings

Citation: Ann. Code § 31-34-21-4

At least 7 days prior to a hearing, the department shall provide notice to each of the following:

• The child’s parent, guardian, or custodian

• An attorney who has entered an appearance on behalf of the child’s parent, guardian, or custodian

• A prospective adoptive parent

• The child’s foster parent

• Any other person who the department knows is currently providing care for the child

• Any other suitable relative or person who the department knows has had a significant or caregiving relationship to 

the child

The court shall provide to a person described above an opportunity to be heard and to make recommendations to the 

court. The right to be heard and to make recommendations includes: 

• The right to submit a written statement to the court that, if served upon all parties to the child in need of services 

proceeding and the persons described above, may be made a part of the court record

• The right to present oral testimony to the court and cross-examine any of the witnesses at the hearing
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Determinations Made at Hearings

Citation: Ann. Code §§ 31-34-21-5; 31-34-21-7

At the review hearing, the court shall determine:

• Whether the child’s case plan, services, and placement meet the special needs and best interests of the child

• Whether the department has made reasonable efforts to provide family services

• A projected date for the child’s return home, adoption, emancipation, or placement with a legal guardian

At the permanency hearing, the court shall:

• Make the determination and findings required by § 31-34-21-5

• Consider the question of continued jurisdiction and whether the dispositional decree should be modified

• Consider the recommendations of persons listed under § 31-34-21-4 before approving a permanency plan

• Consult with the child in an age-appropriate manner regarding the proposed permanency plan

• Consider and approve a permanency plan for the child that complies with the requirements of § 31-34-21-7.5 

• Determine whether an existing permanency plan must be modified

• Examine procedural safeguards used by the department to protect parental rights

If the child is at least age 16 and the proposed permanency plan provides for the transition of the child from foster care 

to independent living, the court shall:

• Require the department to provide notice of the permanency hearing to the child

• Provide to the child an opportunity to be heard and to make recommendations to the court

Permanency Options

Citation: Ann. Code § 31-34-21-7.5

The intended permanent or long-term arrangements for care and custody of the child may include any of the following 

arrangements that the court considers most appropriate and consistent with the best interests of the child:

• Return to the home of the child’s parent, guardian, or custodian or placement of the child with the child’s 

noncustodial parent

• Initiation of a proceeding for termination of the parent-child relationship

• Placement for adoption

• Placement of the child with another responsible person, including:

» An adult sibling

» A grandparent

» An aunt or uncle

» Another relative 

• Appointment of a legal guardian

• Placement in another planned permanent living arrangement

Iowa

Schedule of Hearings

Citation: Ann. Stat. § 232.104

An initial permanency hearing shall be held:

• Within 12 months of the date the child was removed from the home

• Within 30 days in a case where the reasonable efforts requirement has been waived

Following an initial permanency hearing and the entry of a permanency order that places a child in the custody or 

guardianship of another person or agency, the court shall retain jurisdiction and annually review the order to ascertain 

whether the best interests of the child are being served. 
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Persons Entitled to Attend Hearings

Citation: Ann. Stat. § 232.91

Any hearings or proceedings shall not take place without the presence of the child’s parent, guardian, custodian, or 

guardian ad litem. A parent without custody may petition the court to be made a party to the proceedings.

An agency, facility, institution, or person, including a foster parent or an individual providing preadoptive care, may 

petition the court to be made a party to the proceedings. If a child is of an appropriate age to attend the hearing but the 

child does not attend, the court shall determine whether the child was informed of his or her right to attend the hearing. 

Determinations Made at Hearings

Citation: Ann. Stat. § 232.104

During the hearing, the court shall consider the child’s need for a secure and permanent placement in light of any 

permanency plan or evidence submitted to the court and the reasonable efforts made concerning the child. Upon 

completion of the hearing, the court shall enter written findings and make a determination identifying a primary 

permanency goal for the child. If a permanency plan is in effect at the time of the hearing, the court shall also make a 

determination whether reasonable progress is being made in achieving the permanency goal and complying with the 

other provisions of that permanency plan. 

Permanency Options

Citation: Ann. Stat. § 232.104

After a permanency hearing, the court shall do one of the following:

• Enter an order to return the child to the child’s home

• Enter an order to continue placement of the child for an additional 6 months at which time the court shall hold a 

hearing to consider modification of its permanency order

• Direct the county attorney or the attorney for the child to institute proceedings to terminate the parent-child 

relationship

• Enter an order to do one of the following:

» Transfer guardianship and custody of the child to a suitable person

» Transfer sole custody of the child from one parent to another parent

» Transfer custody of the child to a suitable person for the purpose of long-term care

• If the Department of Human Services has documented to the court’s satisfaction a compelling reason for 

determining that an order for one of the options listed above would not be in the child’s best interests, order 

another planned permanent living arrangement for the child

Kansas

Schedule of Hearings

Citation: Ann. Stat. § 38-2264

A permanency hearing shall be held:

• Within 12 months of the date the court authorized the child’s removal from the home and at least every 12 months 

thereafter

• Within 30 days of a determination that reintegration may not be a viable alternative for the child
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Persons Entitled to Attend Hearings

Citation: Ann. Stat. § 38-2265

Notice of the time and place of the permanency hearing shall be given to the parties and interested parties. The notice 

shall state that the person receiving the notice shall have the right to be heard at the hearing. The notice shall be sent to 

the following:

• The child’s foster parents or permanent custodian

• Preadoptive parents for the child, if any

• The child’s grandparents or, if no grandparent is living, the closest relative of each of the child’s parents whose 

address is known

• The person having custody of the child

• Upon request, to any person having close emotional ties with the child and who is deemed by the court to be 

essential to the deliberations before the court

Determinations Made at Hearings

Citation: Ann. Stat. § 38-2264

The purpose of the permanency hearing is determining progress toward accomplishment of a permanency plan. At 

the hearing, the court shall enter a finding as to whether the person or entity having custody of the child has made 

reasonable efforts to accomplish the permanency plan in place at the time of the hearing.

When the court finds that reintegration of the family continues to be a viable alternative, the court shall determine 

whether and, if applicable, when the child will be returned to the parent. The court may rescind any of its prior 

dispositional orders and enter any dispositional order authorized by this code or may order that a new plan for the 

reintegration be prepared and submitted to the court.

If the court finds reintegration is no longer a viable alternative, the court shall consider whether:

• The child is in a stable placement with a relative.

• Services set out in the case plan necessary for the safe return of the child have been made available to the parent 

with whom reintegration is planned.

• Compelling reasons are documented in the case plan to support a finding that neither adoption nor appointment 

of a permanent custodian are in the child’s best interests.

Permanency Options

Citation: Ann. Stat. § 38-2264

The court will determine whether and, if applicable, when the child will be:

• Reintegrated with the child’s parents

• Placed for adoption 

• Placed with a permanent custodian

• Placed in another planned permanent arrangement when there is documented evidence that there are compelling 

reasons why another permanent placement is not in the child’s best interests

Kentucky

Schedule of Hearings

Citation: Rev. Stat. § 610.125

A permanency hearing shall be held:

• No later than 12 months after the child has entered foster care

• Every 12 months thereafter for as long as the child remains in placement

• Within 30 days after a determination is made that reasonable efforts to reunify are not required 
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Persons Entitled to Attend Hearings

Citation: Rev. Stat. § 610.125

The following persons shall be notified of the hearing:

• The child’s parents

• The foster parents

• Any preadoptive parent

• Any relative providing care for the child

• The attorney for the parent 

• The attorney or court-appointed special advocate for the child

• The foster care review board member assigned to the case

Determinations Made at Hearings

Citation: Rev. Stat. § 610.125

The court shall hear evidence concerning the care and progress of the child since the last permanency hearing, including 

the following:

• The length of time the child has been committed to the cabinet

• A description of the services and assistance provided to the parent since the last hearing and the results achieved

• A description of the efforts and progress of the child’s parent since the last hearing, including the number and 

dates of parental visits and the extent, quality, and frequency of the parent’s communications with the child

• Familial and institutional barriers to returning the child to the home

• Recommendations of services needed to make the transition from out-of-home care to independent living for 

children who have reached age 16

• An evaluation of the child’s current placement and services provided to the child

• Recommendations for services required to terminate the commitment of the child to the cabinet, to return the 

child home, or to facilitate another permanent placement

• Recommendations for the permanency goal for the child

Permanency Options

Citation: Rev. Stat. § 610.125

The court shall determine whether the child shall be:

• Returned to the parent

• Placed for adoption

• Placed with a permanent custodian

• Placed in another planned permanent living arrangement other than those listed above when there is a 

compelling reason that it is in the best interests of the child

Louisiana

Schedule of Hearings

Citation: Ch. Code Art. 692; 702

A case review hearing shall be held:

• Within 3 months of the disposition hearing if the child was removed from the home prior to the hearing; within 6 

months of the removal of the child

• Every 6 months thereafter until the child is permanently placed

A permanency hearing shall be held:

• Within 30 days of a finding that reunification is not required

• Within 9 months of the disposition hearing if the child was removed from the home prior to the hearing, but in no 

case more than 12 months after the removal of the child

• Every 12 months thereafter until the child is permanently placed
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Persons Entitled to Attend Hearings

Citation: Ch. Code Art. 698; 708

The following persons may be present at either a case review or permanency hearing:

• All parties

• Foster parents

• Adoptive parents

• Relatives providing care for the child 

• Authorized officers of the court as designated by the judge

• Agency representatives as designated by the State

• The court-appointed special advocate volunteer

• The witness under examination

Determinations Made at Hearings

Citation: Ch. Code Art. 690; 702

The case review shall address the following:

• The continuing necessity and appropriateness of the placement

• The extent of compliance with the case plan

• Extent of progress toward correcting the circumstances necessitating placement in foster care 

• A likely date by which the child may be returned to the home or placed for adoption or guardianship

• Whether the Department of Social Services has made reasonable efforts to reunify the family or to finalize the 

child’s placement

At the permanency hearing, the court shall determine:

• Whether the department has made reasonable efforts to reunify the parent and child or to finalize the child’s 

placement in an alternative safe and permanent home in accordance with the child’s permanent plan

• If a child is in an out-of-State placement, whether the placement is safe, appropriate, and in the best interests of 

the child

• When reunification is determined to be the permanent plan for the child, whether parents understand that it is 

their obligation to achieve the case plan goals and correct the conditions that require the child to be in care within 

the time period specified by the court

• In the case of a child who has attained age 16, the services required to assist the child to make the transition from 

foster care to independent living 

Permanency Options

Citation: Ch. Code Art. 702

The court shall determine the permanent plan for the child that is most appropriate and in the best interests of the child 

in accordance with the following priorities of placement:

• Return the child to the legal custody of the parents within a specified time period consistent with the child’s age 

and need for a safe and permanent home

• Adoption 

• Placement with a legal guardian

• Placement in the legal custody of a relative who is willing and able to offer a safe, wholesome, and stable home 

for the child

• Placement in the least restrictive, most family-like alternative permanent living arrangement
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Maine

Schedule of Hearings

Citation: Ann. Stat. Tit. 22, §§ 4038; 4038-B

Case reviews shall be held at least once every 6 months. 

A permanency hearing shall be held:

• Within 12 months of the time the child has entered foster care and every 12 months thereafter while the child 

remains under court jurisdiction

• Within 30 days if reunification efforts are ordered to cease

Persons Entitled to Attend Hearings

Citation: Ann. Stat. Tit. 22, §§ 4033; 4038

Notice of hearing shall be provided to:

• All parties to the initial proceeding, including the child’s parent or custodian and guardian ad litem

• The foster parents 

• The preadoptive parents

• Any relatives providing care for the child

The foster parent, preadoptive parent, and relative providing care are entitled to an opportunity to be heard, but they 

are not parties to the proceeding. 

Determinations Made at Hearings

Citation: Ann. Stat. Tit. 22, § 4038

After a hearing, the court shall make written findings that determine:

• The safety of the child in the child’s placement

• The continuing necessity for and appropriateness of the child’s placement

• The effect of a change in custody on the child

• The extent of the parties’ compliance with the case plan and the extent of progress that has been made toward 

alleviating or mitigating the causes necessitating placement in foster care

• A likely date by which the child may be returned home and safely maintained in the home or placed for adoption 

or legal guardianship

• If the child is age 16 or older, whether or not the child is receiving instruction to aid the child in independent living

Permanency Options

Citation: Ann. Stat. Tit. 22, § 4038-B

The permanency plan must determine whether and when, if applicable, the child will be:

• Returned to a parent

• Placed for adoption

• Cared for by a permanency guardian

• Placed with a fit and willing relative

• Placed in another planned permanent living arrangement if there is a compelling reason for determining that 

another permanency option would not be in the best interests of the child

In the case of a child who is age 16 or older, the permanency plan must determine the services needed to assist the child 

to make the transition from foster care to independent living.

The court shall consider, but is not bound by, the wishes of a child in making a determination under this section. 
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Maryland

Schedule of Hearings

Citation: Fam. Law § 5-525; Code of Regs. 07.02.11.18; 07.02.11.19

A periodic review of a child’s status shall be held no less frequently than once every 6 months. The review shall be 

conducted by the court, an administrative panel, or the Citizens’ Review Board for Children. 

Permanency planning hearings shall be scheduled as follows:

• Within 1 month of a court order waiving reunification services

• No later than 12 months after the original placement

• Every 6 months thereafter, except the following children do not require permanency planning hearings:

» A child in permanent care, as defined in regulation

» A child who is legally free for adoption, placed with the adoptive family, and whose adoption is finalized within 

12 months of the date that guardianship was granted

Persons Entitled to Attend Hearings

Citation: Fam. Law § 5-504; Code of Regs. 07.02.11.18

Whenever possible, notice of the review shall be given to:

• The child’s parents or legal guardian

• The child

• The foster parent or the foster parent’s attorney 

• A preadoptive parent

• A relative caregiver

The foster parents are permitted to attend all hearings. This right does create a cause of action for foster parents. 

Determinations Made at Hearings

Citation: Fam. Law § 5-525; Code of Regs. 07.02.11.18

The periodic review shall determine:

• The continuing necessity for and appropriateness of the placement

• The extent of compliance with the permanency plan

• The extent of progress that has been made toward alleviating or mitigating the causes necessitating out-of-home 

placement

• A likely date by which the permanency plan for the child will be achieved

Permanency Options

Citation: Fam. Law § 5-525; Code of Regs. 07.02.11.13

In prioritizing permanency plan options, the local department’s order of preference shall be:

• Return to the parents or legal guardian

• Placement with a relative to whom adoption, guardianship, or care and custody is granted

• Adoption, in descending order of priority:

» By the current foster parent with whom the child has established a positive relationship and family ties, and 

with whom the child has resided continually for 12 months or longer

» By an otherwise approved adoptive family

• Permanent care in a court-approved foster home

• Independent living

• Long-term care
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Massachusetts

Schedule of Hearings

Citation: Ann. Laws Ch. 119, § 29B

The court shall conduct a permanency hearing:

• Within 12 months of the original commitment and every 12 months thereafter while the child remains in care

• Within 30 days of a determination that reasonable efforts are not required

Persons Entitled to Attend Hearings

Citation: Ann. Laws Ch. 119, § 29D

The Department of Children and Families shall provide notice of hearings to:

• The parent or guardian

• A foster parent

• A preadoptive parent

• Any relative providing care for the child

The notice shall inform the foster parent, preadoptive parent, or relative of his or her right to attend the hearing and to 

be heard. Nothing in this provision shall be construed to provide that such foster parent, preadoptive parent, or relative 

shall be made a party to the proceeding. 

Determinations Made at Hearings

Citation: Ann. Laws Ch. 119, §§ 29B; 29C

At the permanency hearing, the court shall:

• Determine and periodically review thereafter the permanency plan for the child

• Consider in-State and out-of-State placement options for a child who is not to be returned to his or her parents

• If the child is placed in foster care outside the State, determine whether the out-of-State placement continues to 

be appropriate and in the best interests of the child

• In the case of a child who has reached age 16, determine the services needed to assist the child in making the 

transition from foster care to independent living

• Determine whether the Department of Children and Families has made reasonable efforts to place the child in a 

timely manner in accordance with the permanency plan

Permanency Options

Citation: Ann. Laws Ch. 119, § 29B

The permanency plan shall address whether and, if applicable, when the child will be: 

• Returned to the parent

• Placed for adoption

• Referred for legal guardianship

• Placed in permanent care with relatives

• Placed in another planned permanent living arrangement
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Michigan

Schedule of Hearings

Citation: Comp. Laws §§ 712A.19; 712A.19a

Review hearings shall be held:

• Not more than 182 days after the child is place under the jurisdiction of the court

• Every 91 days after that for the first year that the child remains in care

• After the first year, no later than 182 days from the immediately preceding review hearing and every 182 days 

thereafter until the case is dismissed

• Every 182 days if the child is in a permanent foster family agreement or placed with a relative

A permanency hearing shall be held:

• Within 12 months if a child remains in foster care and parental rights to the child have not been terminated

• Every 12 months thereafter during the continuation of foster care

• Within 30 days after there is a judicial determination that reasonable efforts to reunite the child and family are not 

required

Persons Entitled to Attend Hearings

Citation: Comp. Laws §§ 712A.19; 712A.19a

Written notice of the permanency hearing and a statement of the purposes of the hearing, including a notice that the 

hearing may result in further proceedings to terminate parental rights, shall be served upon all of the following:

• The agency

• The foster parent or custodian of the child

• If the parental rights to the child have not been terminated, the child’s parents

• If the child has a guardian, the guardian for the child

• If the child has a guardian ad litem, the guardian ad litem

• If Tribal affiliation has been determined, the elected leader of the Indian Tribe

• The attorney for the child, the attorneys for each party, and the prosecuting attorney if the prosecuting attorney 

has appeared in the case

• If the child is age 11 or older, the child

• Other persons as the court may direct

Written notice of a review hearing shall be served upon all of the above. In addition, if a nonparent adult is required to 

comply with the case service plan, the nonparent adult must receive notice. 
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Determinations Made at Hearings

Citation: Comp. Laws §§ 712A.19; 712A.19a

At a review hearing, the court shall review on the record all of the following:

• Compliance with the case service plan, including the services provided or offered to the child and the child’s 

parent

• Compliance with the case service plan with respect to parenting time with the child

• Likely harm to the child if the child continues to be separated from the child’s parent, guardian, or custodian

• Likely harm to the child if the child is returned to the child’s parent, guardian, or custodian

• The extent of progress made toward alleviating or mitigating the conditions that caused the child to be placed in 

foster care 

• The continuing necessity and appropriateness of the child’s placement

At permanency planning hearing, the court shall:

• Review the status of the child and the progress being made toward the child’s return home

• Consider whether the child should be placed in the permanent custody of the court

• Obtain the child’s views regarding the permanency plan in a manner that is appropriate to the child’s age

• In the case of a child who will not be returned home, consider in-State and out-of-State placement options

• In the case of a child placed out-of-State, determine whether the out-of-State placement continues to be 

appropriate and in the child’s best interests

• Ensure that the agency is providing appropriate services to assist a child who will transition from foster care to 

independent living

Permanency Options

Citation: Comp. Laws §§ 712A.19a; 712.19c

The court may consider the following permanency options:

• Return to the parent

• Adoption or other permanent placement

• Appointment of a legal guardian

• If termination of parental rights is not in the child’s best interest, an alternative placement plan, including limited 

or long-term foster care

Minnesota

Schedule of Hearings

Citation: Ann. Stat. § 260C.201, Subd. 10, 11, 11a

If a child is placed in foster care, the court shall review the placement:

• No later than 90 days after placement to determine whether continued out-of-home placement is necessary and 

appropriate or whether the child should be returned home

• No later than 6 months after the child has been placed out of the home

A permanency hearing shall be held:

• No later than 12 months after the child is placed in foster care or in the care of a noncustodial parent, to 

determine the permanent status of the child

• No later than 6 months after placement if the child is under age 8 at the time of adjudication

Court reviews of an order for long-term foster care must be conducted at least yearly and must review the child’s out-ofhome placement plan and the reasonable efforts of the agency to finalize the permanent plan for the child. 
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Persons Entitled to Attend Hearings

Citation: Ann. Stat. § 260C.163, Subd. 2, 3

The following persons have the right to participate in court hearings:

• The child

• The child’s parents, guardian, or legal custodian

• Official Tribal representatives in any proceeding that is subject to the Indian Child Welfare Act

• A grandparent, if the child has lived with the grandparent during the preceding 2 years

• A relative who is being considered as a permanent legal custodian for the child

• An attorney or guardian ad litem

Determinations Made at Hearings

Citation: Ann. Stat. § 260C.201, Subd. 10

The court shall determine:

• Whether continued out-of-home placement is necessary and appropriate

• The parent’s progress on the out-of-home placement plan

• The permanent status of a child who has been in placement 12 months or more

Permanency Options

Citation: Ann. Stat. § 260C.201, Subd. 11

At the conclusion of the permanency proceedings, the court shall:

• Order the child returned to the care of the parent or guardian from whom the child was removed

• Order a permanent placement or termination of parental rights if permanent placement or termination of parental 

rights is in the child’s best interests

If the child cannot return home, guardianship and adoption are the preferred permanency options. Other permanency 

options include: 

• Permanent legal and physical custody to a relative 

• Long-term foster care if there are compelling reasons that permanent placement is not in the child’s best interests 

or efforts to place the child for adoption have not been successful

Mississippi

Schedule of Hearings

Citation: Ann. Code § 43-15-13

The Department of Human Services shall complete an administrative review on each child within the first 3 months and a 

foster care review once every 6 months after the child’s initial 48-hour shelter hearing. 

Persons Entitled to Attend Hearings

Citation: Ann. Code § 43-15-13

The following persons may be present and give testimony at the hearing:

• The parent

• The foster parent

• The grandparents 

• The guardian ad litem

• Representatives of any private care agency that has cared for the child

• The family protection worker or family protection specialist assigned to the case
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Determinations Made at Hearings

Citation: Ann. Code § 43-15-13

The review shall include at a minimum an evaluation of the child based on the following:

• The extent of the care and support provided by the parents while the child is in temporary custody

• The extent of communication with the child by parents or guardian

• The degree of compliance by the agency and the parents with the social service plan 

• The methods of achieving the goal and the plan establishing a permanent home for the child

• Social services offered and/or utilized to facilitate plans for establishing a permanent home for the child

Permanency Options

Citation: Ann. Code § 43-15-13

The goal of the service plan shall be:

• Return the child to his or her natural parent(s)

• Refer the child to the appropriate court for termination of parental rights and placement in a permanent relative’s 

home, adoptive home, or foster/adoptive home

Missouri

Schedule of Hearings

Citation: Ann. Stat. §§ 210.710; 210.720

A dispositional hearing to review the status of the child shall be held within 6 months.

A permanency hearing shall be held within 12 months of the initial placement and at least annually thereafter. 

Persons Entitled to Attend Hearings

Citation: Ann. Stat. §§ 210.710; 210.761

The child and the child’s parent, guardian, or relative may be present at the hearing. 

Any person who has provided foster care to a child at any time in a 2-year period prior to any hearing concerning the 

child shall be allowed to testify at such hearing. The court may limit such testimony to evidence the court finds relevant 

and material. 

Determinations Made at Hearings

Citation: Ann. Stat. §§ 210.710; 210.720

The purpose of the dispositional hearing shall be to determine whether or not the child should be continued in foster 

care or whether the child should be returned to a parent, guardian, or relative, or whether or not proceedings should be 

instituted to terminate parental rights and legally free such child for adoption. 

The permanency hearing shall be for the purpose of determining, in accordance with the best interests of the child, a 

plan for the permanent placement of the child.

At the permanency hearing, the court shall consider all relevant factors including:

• The interaction and interrelationship of the child with the child’s foster parents, parents, siblings, and any other 

person who may significantly affect the child’s best interests

• The child’s adjustment to his or her foster home, school, and community

• The mental and physical health of all individuals involved, including any history of abuse of any individuals 

involved

• The needs of the child for a continuing relationship with the child’s parents and the ability and willingness of 

parents to actively perform their functions as mother and father for the needs of the child
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Permanency Options

Citation: Ann. Stat. § 210.710

Placement options for the child include:

• Return to the parent, guardian, or relative

• Termination of parental rights and placement for adoption

• Continuation in foster care

Montana

Schedule of Hearings

Citation: Ann. Code §§ 41-3-115; 41-3-445

When a child is in foster care under the supervision of the Department of Public Health and Human Services, the foster 

care review committee shall conduct a review of the foster care status of the child. The review must be conducted within 

the time limit established under the Adoption and Safe Families Act of 1997 (42 U.S.C. 675(5)).

A permanency hearing must be held by the court, the foster care review committee, or the citizen review board:

• Within 30 days of a determination that reasonable efforts to provide preservation or reunification services are not 

necessary

• No later than 12 months after the initial court finding that the child has been subjected to abuse or neglect or 12 

months after the child’s first 60 days of removal from the home, whichever comes first

Within 12 months of the initial permanency hearing and every 12 months thereafter until the child is permanently placed 

in either an adoptive or a guardianship placement, the court or the court-approved entity holding the permanency 

hearing shall conduct a hearing, and the court shall issue a finding as to whether the department has made reasonable 

efforts to finalize the permanency plan for the child. 

Persons Entitled to Attend Hearings

Citation: Ann. Code § 41-3-115

Reasonable notice of each review must be sent to the following:

• The parents of the child or their attorneys

• If applicable, the foster parents, a relative caring for the child, the preadoptive parents, or the surrogate parents

• The child who is the subject of the review if he or she is age 12 or older

• The child’s attorney, if any

• The child’s guardian ad litem

• The court-appointed attorney or special advocate of the child

• A representative of the child’s Indian Tribe if the child is an Indian
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Determinations Made at Hearings

Citation: Ann. Code §§ 41-3-115; 41-3-445

The foster care review committee shall hear the case of each child in foster care to review issues that are germane to 

the goals of permanency and to accessing appropriate services for parents and children. In evaluating the accessibility, 

availability, and appropriateness of services, the committee shall consider:

• The safety, history, and specific needs of the child

• Whether an involved agency has selected services specifically relevant to the problems and needs of the child and 

family

• Whether appropriate services have been available to the child and family on a timely basis

• The results of intervention

• If the child is placed in foster care in another State, whether the placement is appropriate and in the best interests 

of the child

The permanency hearing may be combined with other required review hearings. If an entity other than the court 

conducts the hearing, the entity shall keep minutes of the hearing and the minutes and written recommendations must 

be provided to the court within 20 days of the hearing. If the court concurs with the recommendations, the court may 

adopt the recommendations as findings with no additional hearing required. In this case, the court shall issue written 

findings within 10 days of receipt of the written recommendations.

The court shall approve a specific permanency plan for the child and make written findings on:

• Whether the permanency plan is in the best interests of the child

• Whether the department has made reasonable efforts to finalize the plan

• Other necessary steps that the department is required to take to effectuate the terms of the plan

Permanency Options

Citation: Ann. Code § 41-3-445

Permanency options include:

• Reunification with the child’s parent or guardian

• Adoption

• Appointment of a guardian

• Long-term custody if the child is in a planned permanent living arrangement, and:

» The child is being cared for by a fit and willing relative.

» The child has an emotional or mental handicap that is so severe that the child cannot function in a family 

setting and the best interests of the child are served by placement in a residential or group setting.

» The child is at least age 16 and is participating in an independent living program.

» The child’s parent is incarcerated, and circumstances indicate that it would not be in the best interests of the 

child to terminate parental rights of that parent.

» There is a judicial finding that other more permanent placement options for the child have been considered 

and found to be inappropriate or to be not in the best interests of the child.

» The child has been in a placement in which the foster parent or relative has committed to the long-term care of 

and a relationship with the child, and it is in the best interests of the child to remain in that placement.

Nebraska 

Schedule of Hearings

Citation: Rev. Stat. §§ 43-283.01; 43-1312; 43-1314.01

The State Foster Care Review Board shall conduct case review hearings every 6 months while the child is in care.

A permanency hearing shall be conducted by the court:

• No later than 12 months after the child enters foster care and at least annually thereafter

• Within 30 days of a finding that reasonable efforts to reunify are not required
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Persons Entitled to Attend Hearings

Citation: Rev. Stat. § 43-1314

Notice of a hearing shall be provided to:

• The person charged with the care of the child

• The child’s parents or guardian unless parental rights have been terminated 

• The foster child if he or she is age 14 or older 

• The foster parents

• The child’s guardian ad litem

• The State board

• The preadoptive parent

• The relative providing care for the child

Notice to the foster parent, preadoptive parent, or relative providing care shall not be construed to require that such 

foster parent, preadoptive parent, or relative is a necessary party to the review. The court may inquire into the well-being 

of the child by asking questions of the foster parent, preadoptive parent, or relative providing care for the child. 

Determinations Made at Hearings

Citation: Rev. Stat. §§ 43-1315; 43-1316

In reviewing the foster care status and permanency plan of a child, the court shall determine whether:

• Placement of the child outside the home should continue upon a written determination that return of the child to 

his or her home would be contrary to the welfare of such child.

• Reasonable efforts to preserve and reunify the family, if required under § 43-283.01, have been made.

• The goals of the foster care placement and of the foster care plan or permanency plan are safe and appropriate.

• The individual physical, psychological, and sociological needs of the child are being met.

Permanency Options

Citation: Rev. Stat. § 43-1312

The permanency plan determined for the child shall include whether and, if applicable, when the child will be:

• Returned to the parent

• Referred to the State for filing of a petition for termination of parental rights

• Placed for adoption

• Referred for guardianship

• Placed for adoption with a fit and willing relative

Nevada

Schedule of Hearings

Citation: Rev. Stat. §§ 432B.580; 432B.590

Placement of the child in foster care must be reviewed at least semi-annually.

A permanency hearing must be held:

• No later than 12 months after initial removal of the child from the home and at least annually thereafter

• Within 30 days of a finding that reasonable efforts to reunify are not required
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Persons Entitled to Attend Hearings

Citation: Rev. Stat. §§ 432B.580; 432B.590

Notice of a hearing shall be provided to:

• All the parties to any of the prior proceedings

• Any persons planning to adopt the child

• Relatives of the child

• Providers of foster care who are currently providing care to the child

• The child, if his or her presence is requested by the court

Determinations Made at Hearings

Citation: Rev. Stat. §§ 432B.580; 432B.590

The review hearing shall address:

• The continuing necessity for and appropriateness of the placement

• The extent of compliance with the case plan

• Any progress being made toward alleviating the problem that resulted in the placement of the child

• The date the child may be returned home or placed for adoption or a legal guardianship

At the permanency hearing, the court shall review any plan for the permanent placement of the child, and determine 

whether the agency with legal custody of the child has made the reasonable efforts required by § 432B.553. 

Permanency Options

Citation: Rev. Stat. § 432B.590

Permanency options include:

• Return to the parent

• Placement with other relatives

• Adoption

• Guardianship

• Another permanent living arrangement when there is documentation of compelling reasons why a more 

permanent option is not in the child’s best interests

New Hampshire

Schedule of Hearings

Citation: Rev. Stat. §§ 169-C:24; 169-C:24-b; 169-C:24-c

The court shall conduct an initial review hearing within 3 months of the dispositional hearing to review the status of all 

dispositional orders issued under this chapter. The court may conduct additional review hearings upon its own motion or 

upon the request of any party at any time.

For a child that has been in an out-of-home placement for 12 or more months, the court shall hold and complete a 

permanency hearing within 12 months of the finding. For a child that enters an out-of-home placement subsequent to a 

finding, the court shall hold and complete a permanency hearing within 12 months of the date the child enters the outof-home placement.

For a child who is in an out-of-home placement following the permanency hearing, the court shall hold and complete 

a postpermanency hearing within 12 months of the permanency hearing and every 12 months thereafter as long as the 

child remains in an out-of-home placement. The court may conduct periodic postpermanency hearings upon its motion 

or upon the request of any party at any time. 
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Persons Entitled to Attend Hearings

Citation: Rev. Stat. § 169-C:14

The general public shall be excluded from any hearing. Only such persons as the parties, their witnesses, counsel, and 

representatives of the agencies present to perform their official duties shall be admitted. Other persons may be invited 

to attend, with the court’s approval. 

Determinations Made at Hearings

Citation: Rev. Stat. §§ 169-C:24; 169-C:24-b; 169-C:24-c

At all hearings the court shall determine whether the Department of Health and Human Services has made reasonable 

efforts to finalize the permanency plan that is in effect. Where reunification is the permanency plan that is in effect, the 

court shall consider whether services to the family have been accessible, available, and appropriate. 

Permanency Options

Citation: Rev. Stat. § 170-C:24-b

At a permanency hearing, the court shall determine whether and, if applicable, when the child will be returned to the 

parent or parents. If the standard for return is not met, the court shall identify a permanency plan other than reunification 

for the child. Other options for a permanency plan include:

• Termination of parental rights or parental surrender when an adoption is contemplated

• Guardianship with a fit and willing relative or another appropriate party

• Another planned permanent living arrangement

New Jersey

Schedule of Hearings

Citation: Ann. Stat. §§ 30:4C-58; 30:4C-61.2

A child placement review board shall make an initial review of the placement within 45 days following the placement. A 

periodic review shall take place every 12 months thereafter. The board shall continue to conduct periodic reviews until 

the Division of Youth and Family Services terminates its supervision.

A permanency hearing shall be held that provides review and approval by the court of the placement plan: 

• No later than 12 months after placement

• Within 30 days of a finding that reasonable efforts to reunify are not required

Persons Entitled to Attend Hearings

Citation: Ann. Stat. § 30:4C-61.2

Written notice of the date, time, and place of the permanency hearing shall be provided at least 15 days in advance to 

the following, each of whom shall be entitled to attend the hearing and to submit written information to the court:

• The division or agency

• The child

• The parents, including a noncustodial parent or legal guardian

• The temporary caregiver 

• Any other person or agency whom the court determines has an interest in or information relating to the welfare of 

the child

• The counsel for a parent, child, or other interested party who has provided or is providing representation in the 

case before the court

• The child’s resource family parent or relative providing care for the child

The child’s resource family parent or relative providing care shall receive the notice and shall have a right to be heard 

at the hearing, but he or she shall not be made a party to the hearing solely on the basis of the notice and right to be 

heard. 
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Determinations Made at Hearings

Citation: Ann. Stat. §§ 30:4C-58; 30:4C-61.2

All reviews shall include, but not necessarily be limited to, the consideration of:

• The appropriateness of the goal and objectives of the placement plan and anticipated date that the goal will be 

achieved

• The appropriateness of the services provided to the child and to the temporary caregiver

• Whether the child has siblings who are also placed outside of their home

• Whether the wishes of the child were considered regarding placement and development of the placement plan, 

when appropriate

• Whether the division, the parents or legal guardian, and the temporary caregiver are fulfilling their respective 

responsibilities in accordance with the placement plan

• Whether the parents or legal guardian have been afforded the opportunity and been encouraged to participate in 

a program of regular visitation with the child

• Whether there are obstacles that hinder or prevent the attainment of the placement plan objectives and goal

• The circumstances surrounding the placement

• The appropriateness of the services provided to the parent or legal guardian

• The appropriateness of the division’s permanency plan and reasonable efforts to achieve that plan

At the permanency hearing, the court shall consider:

• The goal for the permanent placement or return home of the child and the anticipated date that the goal will be 

achieved

• The intermediate objectives relating to attainment of the goal

• A statement of the duties and responsibilities of the division, the parents or legal guardian, and the temporary 

caregiver, including the services to be provided by the division to the child and to the temporary caregiver 

• A statement of the services to be provided to the parent or legal guardian

Permanency Options

Citation: Ann. Stat. § 30:4C-61.2

The permanency plan shall include whether and, if applicable, when:

• The child shall be returned to the parent or guardian, if the child can be returned home without endangering his 

or her health or safety.

• The division has determined that family reunification is not possible, and the division shall file a petition for the 

termination of parental rights (TPR) for the purpose of adoption.

• The division has determined that TPR is not appropriate, and the child shall be placed in an alternative permanent 

placement.

New Mexico

Schedule of Hearings

Citation: Ann. Stat. §§ 32A-4-25; 32A-4-25.1

An initial judicial review shall be conducted within 60 days of the disposition. Subsequent periodic reviews shall be 

conducted within 6 months of the permanency hearing and every 6 months thereafter. 

A permanency hearing shall be held: 

• Within 6 months of the initial judicial review or within 12 months of a child entering foster care, whichever occurs 

first

• Within 30 days of a determination that no reasonable efforts at reunification are required
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Persons Entitled to Attend Hearings

Citation: Ann. Stat. § 32A-4-25

The children’s court attorney shall give notice of any judicial review hearing to:

• All parties

• The child’s guardian ad litem and court-appointed special advocate

• A contractor administering the local substitute care review board

• The child’s foster parent or substitute care provider 

At any judicial review hearing, the Children, Youth and Families Department; the child’s guardian ad litem; and all parties 

who have been given notice shall have the opportunity to present evidence and to cross-examine witnesses. 

Determinations Made at Hearings

Citation: Ann. Stat. § 32A-4-25

At the review hearing, the court shall determine:

• The extent to which the treatment plan has been implemented

• The extent of compliance with the treatment plan and whether progress is being made toward establishing a 

stable and permanent placement for the child

• For an Indian child, whether the placement preferences of the child’s Tribe were followed, and whether the child’s 

treatment plan provides for maintaining the child’s cultural ties

Permanency Options

Citation: Ann. Stat. § 32A-4-25.1

At the conclusion of the permanency hearing, the court shall order one of the following permanency plans for the child:

• Reunification 

• Placement for adoption

• Placement with a permanent guardian 

• Placement in the legal custody of the department with the child placed in the home of a fit and willing relative

• Placement in the legal custody of the department under a planned permanent living arrangement, provided that 

there is substantial evidence that none of the above plans is appropriate for the child

New York

Schedule of Hearings

Citation: Fam. Crt. Act § 1089

For a child in foster care:

• The initial permanency hearing shall be commenced no later than 6 months from the date that is 60 days after the 

child was removed from his or her home.

• Subsequent permanency hearings for a child who remains in foster care shall be commenced no later than 6 

months from the completion of the previous permanency hearing.

After a child has been freed for adoption, permanency hearings shall be held:

• No later than 30 days after the hearing at which the child was freed 

• No later than 6 months from the completion of the previous permanency hearing 
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Persons Entitled to Attend Hearings

Citation: Fam. Crt. Act § 1089

Notice of permanency hearings shall be provided to:

• The child’s parent, including any nonrespondent parent 

• Any other person legally responsible for the child’s care

• The agency supervising the care of the child

• Any preadoptive parent or relative providing care for the child

• A former foster parent, if any, in whose home the child previously had resided for a continuous period of 12 

months in foster care

A preadoptive parent, relative, or former foster parent, on the basis of such notice, shall have an opportunity to be heard 

but shall not be a party to the permanency hearing. 

Determinations Made at Hearings

Citation: Fam. Crt. Act § 1089

The court shall review the permanency hearing report that shall include, but need not be limited to, up-to-date and 

accurate information regarding:

• The child’s current permanency goal

• The health, well-being, and status of the child since the last hearing 

• The child’s current placement

• The educational and other progress the child has made since the last hearing 

• The visitation plan for the child

• For a child who is age 16 who elects not to participate in an educational program leading to a high school 

diploma, the steps that the local social services district has taken to assist the child to become gainfully employed 

or enrolled in a vocational program

• For a child who is age 14 or older, the services and assistance that are being provided to enable the child to learn 

independent living skills

• Any other services being provided to the child

• The status of the parent, including:

» The services that have been offered to the parent to enable the child to safely return home

» The steps the parent has taken to use the services 

» Any barriers encountered to the delivery of such services

» The progress the parent has made toward reunification

» Any other steps the parent has taken to comply with and achieve the permanency plan

• The reasonable efforts to achieve the child’s permanency plan that have been taken by the local social services 

district or agency since the last hearing

• The recommended permanency plan

Permanency Options

Citation: Fam. Crt. Act § 1089

The child’s current permanency goal may be:

• Return to the parent or parents

• Placement for adoption with the local social services official filing a petition for termination of parental rights

• Referral for legal guardianship

• Permanent placement with a fit and willing relative

• Placement in another planned permanent living arrangement that includes:

» A significant connection to an adult who is willing to be a permanency resource for the child 

» Documentation of the compelling reason for determining that another permanency option would not be in the 

best interests of the child 
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North Carolina

Schedule of Hearings

Citation: Gen. Stat. §§ 7B-507; 7B-906; 7B-907

A review hearing shall be held within 90 days after the dispositional hearing and every 6 months thereafter.

A permanency hearing shall be held:

• Within 12 months of the order removing custody and every 6 months thereafter

• Within 30 days of a finding by the court that reasonable efforts to reunify are not required

Persons Entitled to Attend Hearings

Citation: Gen. Stat. §§ 7B-906; 7B-907

Notice of a hearing shall be provided to:

• The parent

• The child, if he or she is age 12 or older

• The child’s guardian

• Any foster parent, relative, or preadoptive parent providing care for the child

• The custodian or agency with custody

• The guardian ad litem

• Any other person or agency the court may specify

A foster parent, relative, or preadoptive parent shall not be made a party to the proceeding solely based on receiving 

notice and the right to be heard. 

Determinations Made at Hearings

Citation: Gen. Stat. §§ 7B-906; 7B-907

At the review hearing, the court shall determine: 

• Services that have been offered to reunite the family, or whether efforts to reunite the family clearly would be futile 

or inconsistent with the child’s safety and need for a safe, permanent home within a reasonable period of time

• When the child’s return home is unlikely, the efforts that have been made to evaluate or plan for other methods of 

care

• The goals of the foster care placement and the appropriateness of the foster care plan

• A new foster care plan, if continuation of care is sought, that addresses the role the current foster parent will play 

in the planning for the child

• The placements the child has had and any services offered to the child and the parent, guardian, custodian, or 

caregiver

• An appropriate visitation plan

• If the child is age 16 or 17, a report on an independent living assessment of the child and, if appropriate, an 

independent living plan developed for the child

• When and if termination of parental rights should be considered

The purpose of the permanency planning hearing shall be:

• To develop a plan to achieve a safe, permanent home for the child within a reasonable period of time

• To review the progress made in finalizing the permanent plan for the child or, if necessary, to make a new 

permanent plan for the child
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Permanency Options

Citation: Gen. Stat. § 7B-907

Permanency options include:

• Return to the parent

• Legal guardianship or custody with a relative or other suitable person 

• Adoption

• Another permanent living arrangement

North Dakota

Schedule of Hearings

Citation: Cent. Code § 27-20-36

A permanency hearing shall be held:

• No more than 12 months after the child has been placed in foster care and every 12 months thereafter

• Within 30 days of a finding that reasonable efforts to reunify are not required 

Persons Entitled to Attend Hearings

Citation: Cent. Code § 27-20-36

Notice of a hearing shall be provided to:

• The child

• The child’s parent

• The child’s guardian or custodian

• All parties affected

Determinations Made at Hearings

Citation: Cent. Code § 27-20-36

At the hearing, the court shall determine whether the purposes of the placement order have been accomplished. 

Permanency Options

Citation: Cent. Code §§ 27-20-36; 27-20-47

If the court determines that the child cannot be safely returned to his or her parents, the court may order:

• Placement for adoption

• Placement with a fit and willing relative

• Placement with a legal guardian

• Another planned permanent living arrangement

Northern Mariana Islands

Schedule of Hearings

Citation: Commonwealth Code Tit. 6, §§ 5323; 5324

A hearing shall be held:

• Within 30 days of the establishment of a temporary wardship

• At the end of 1 year when the child has been made a ward of the court

Persons Entitled to Attend Hearings

Citation: Commonwealth Code Tit. 6, § 5323

The parent or guardian are permitted to attend the hearing. 
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Determinations Made at Hearings

Citation: Commonwealth Code Tit. 6, §§ 5323; 5324

At the hearing, the court shall determine:

• Whether there is reasonable cause to believe that the child’s safety would be endangered by a return home

• Whether removal from the home is in the child’s best interests

Permanency Options

Citation: Commonwealth Code Tit. 6, § 5324

Placement options include:

• Returning the child to the parent

• Placing the child in the custody of the Division of Youth Services who will place the child with a reputable person

Ohio

Schedule of Hearings

Citation: Rev. Stat. § 2151.417

The court shall hold a review hearing:

• No later than 1 year after the child was first placed in care and every 12 months thereafter

• Within 30 days of a finding that reasonable efforts to return the child home are no longer required

Persons Entitled to Attend Hearings

Citation: Rev. Stat. § 2151.417

The court shall give notice of every hearing to:

• Appropriate agency employees

• The child’s parents

• Any person who had guardianship or legal custody of the child

• The guardian ad litem

• The child

Determinations Made at Hearings

Citation: Rev. Stat. § 2151.417

At the court hearing, the court shall determine:

• The appropriateness of any agency actions

• The safety and appropriateness of continuing the child’s placement or custody arrangement

• The extent of compliance with the child’s case plan

• The extent of progress that has been made toward alleviating or mitigating the causes necessitating the child’s 

placement in foster care 

• Whether any changes should be made to the child’s permanency plan or placement

• A likely date by which the child may be safely returned home or placed for adoption or legal custody

• If an administrative review has been conducted, whether the conclusions of the review are supported by a 

preponderance of the evidence, and approve or modify the case plan based upon that evidence

Permanency Options

Citation: Rev. Stat. § 2151.417

Permanency options include:

• Return home

• Adoption

• Legal custody

• Another planned permanent living arrangement
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Oklahoma

Schedule of Hearings

Citation: Ann. Stat. Tit. 10, § 7003-5.6d

The court shall conduct a permanency hearing:

• No later than 6 months after placing the child in out-of-home placement and every 6 months thereafter

• Within 30 days after the court determines that reasonable efforts are not required and every 6 months thereafter 

Persons Entitled to Attend Hearings

Citation: Ann. Stat. Tit. 10, § 7003-5.6d

The Department of Human Services shall provide notice of a hearing to:

• The parties

• The current foster parents of the child

• The child’s guardian ad litem

• Any preadoptive parent or relative providing care for the child

A right to be heard at such hearing shall be provided by the court to the current foster parents of a child, the child’s 

guardian ad litem, and to any preadoptive parent or relative providing care for the child. Such notice and right to be 

heard shall not be construed as requiring any foster parent, preadoptive parent, or relative to be made a party to such 

action. 

Determinations Made at Hearings

Citation: Ann. Stat. Tit. 10, § 7003-5.6d

At the hearing, the court shall: 

• Determine the most suitable permanency plan based on the child’s need for a permanent placement

• In an age-appropriate manner, review with the child the proposed permanency plan

• If the child is age 16 or older, review the independent living plan

• Determine whether the child should be returned home immediately or by a specified date not to exceed 3 months

An order to return the child to his or her home shall enumerate the specific factors, conditions, or expected behavioral 

changes that must occur by the specified date before the child may be returned home. Before a child may be returned 

home, the court must find that:

• The parent, legal guardian, or custodian has made marked progress towards reunification with the child, and has 

maintained a close and positive relationship with the child.

• The parties have complied with, performed, and completed the terms and conditions of the court-ordered 

individual treatment and service plan and have corrected the conditions that caused the child to be adjudicated 

that are essential and fundamental to the health, safety, and welfare of the child.

Permanency Options

Citation: Ann. Stat. Tit. 10, § 7003-5.6d

Permanency options include:

• Return home

• Placement for adoption

• Placement with a fit and willing relative or legal guardian 

• Placement in a planned permanent living arrangement if the department has documented a compelling reason 

why it would not be in the best interests of the child to return home or be placed for adoption, with a fit and 

willing relative, or a legal guardian
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Oregon

Schedule of Hearings

Citation: Rev. Stat. § 419B.470

The court shall conduct a permanency hearing:

• Within 30 days after a judicial finding that the Department of Human Services has determined it will not make 

reasonable efforts to reunify the family

• No later than 12 months after the child was placed within the jurisdiction of the court or 14 months after the child 

was placed in substitute care, whichever is earlier

• Within 3 months of a change in placement

• Every 12 months after the initial permanency for as long as the child or ward remains in substitute care

• If a child has been surrendered for adoption or the parents’ rights have been terminated, within 30 days if the 

department has not physically placed the child for adoption or initiated adoption proceedings within 6 months 

after the termination of rights, and every 6 months for as long as the child has not been placed for adoption

Persons Entitled to Attend Hearings

Citation: Rev. Stat. § 419B.473

The court may order that the child or any other person be present during the hearing. The court shall notify the parties 

listed below and other interested parties of the hearing, such as:

• The department

• An agency directly responsible for the care or placement of the child

• The parents whose rights have not been terminated

• An attorney for the child

• A court-appointed special advocate

• A citizen review board

• A Tribal court

Determinations Made at Hearings

Citation: Rev. Stat. § 419B.476

At a permanency hearing, the court shall:

• Determine, if the case plan is to reunify the family, whether the department has made reasonable efforts or, if the 

Indian Child Welfare Act applies, active efforts to make possible the child’s safe return home and whether the 

parent has made sufficient progress to make possible the child’s safe return home

• Determine, if the case plan is something other than to reunify the family, whether the department has made 

reasonable efforts to place the child in a timely manner in accordance with the plan and to complete the steps 

necessary to finalize the permanent placement 

• Determine, if the case plan is something other than reunification, and the child is age 14 or older, whether there is 

a comprehensive plan for the child’s transition to independent living

• Review the efforts made by the department to develop the concurrent permanent plan, including, but not limited 

to, identification of appropriate permanent in-State placement options and appropriate permanent out-of-State 

placement options and, if adoption is the concurrent case plan, identification and selection of a suitable adoptive 

placement
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Permanency Options

Citation: Rev. Stat. § 419B.476

The permanency goal for the child may include:

• Return to the parent

• Placement for adoption

• Establishment of legal guardianship

• Placement in another planned permanent living arrangement when the court determines that there is a 

compelling reason, which must be documented by the department, why it would not be in the best interests of 

the ward to be returned home, placed for adoption, placed with a legal guardian, or placed with a fit and willing 

relative

If an Indian child is involved, the court shall follow the placement preference established by the Indian Child Welfare Act. 

Pennsylvania

Schedule of Hearings

Citation: Cons. Stat. Tit. 42, § 6351

The court shall conduct a permanency hearing: 

• Within 6 months of the child’s removal from the home and every 6 months thereafter

• Within 30 days of a finding that reasonable efforts to reunify are not required

Persons Entitled to Attend Hearings

Citation: Cons. Stat. Tit. 42, §§ 6310; 6336.1(a)

The court may order a parent, guardian, or custodian of a child to be present at and to bring the child to any proceeding 

under this chapter. 

Notice of the hearing shall be provided to:

• The child’s foster parent

• Any preadoptive parent

• A relative providing care for the child 

The court shall provide the child’s foster parent, preadoptive parent, or relative providing care for the child the right to 

be heard at any hearing under this chapter. Unless a foster parent, preadoptive parent, or relative providing care for a 

child has been awarded legal custody, nothing in this section shall give the foster parent, preadoptive parent, or relative 

providing care for the child legal standing in the matter being heard by the court. 

Determinations Made at Hearings

Citation: Cons. Stat. Tit. 42, § 6351

At each permanency hearing, a court shall determine all of the following:

• The continuing necessity for and appropriateness of the placement

• The appropriateness, feasibility, and extent of compliance with the permanency plan developed for the child

• The extent of progress made toward alleviating the circumstances that necessitated the original placement 

• The appropriateness and feasibility of the current placement goal for the child

• The likely date by which the placement goal for the child might be achieved

• Whether reasonable efforts were made to finalize the permanency plan in effect

• Whether the child is safe

• If the child has been placed outside the Commonwealth, whether the placement continues to be best suited to 

the safety, protection, and physical, mental, and moral welfare of the child

• The services needed to assist a child who is age 16 age or older to make the transition to independent living

• If the child has been in placement for at least 15 of the last 22 months or aggravated circumstances exist, whether 

a petition to terminate parental rights has been filed
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Permanency Options

Citation: Cons. Stat. Tit. 42, § 6351

Permanency options include:

• Return to the parent

• Adoption

• Placement with a legal custodian

• Placement with a fit and willing relative

• Another planned permanent living arrangement

Puerto Rico

Schedule of Hearings

Citation: Ann. Laws Tit. 8, §§ 447k; 447s

The court must hold a disposition hearing within a period of no less than 12 months after having granted temporary 

custody of the child. In the cases of children under the responsibility of the Department of the Family with a permanency 

plan established prior to the approval of this act, the final disposition hearing of the permanency plan shall be held 

within a period not to exceed 6 months after the approval thereof.

In those cases in which the court determines that no reasonable efforts shall be made, a permanency hearing shall be 

held for the child within 30 days following the decision. 

Persons Entitled to Attend Hearings

Citation: Ann. Laws Tit. 8, §§ 447n; 447o; 447p

In any proceeding under this chapter, the child shall have the right to be heard. 

The grandparents of a child may request to be heard in any proceeding for the protection of minors. The court shall 

grant legitimacy to intervene when it determines that the grandparents maintain a relationship with the minor or have 

made sufficient efforts to establish one, and that allowing them to intervene is consonant with the purpose of this 

subchapter to pursue the best interests of the child.

Siblings of legal age, not dependent on their parents, may request to be heard in any proceeding for the protection of 

minors. The court shall grant legitimacy to intervene when it determines that the siblings maintain a relationship with the 

child or have made sufficient efforts to establish one, and that allowing them to intervene is consonant with the purpose 

of this subchapter to pursue the best interests of the child.

Persons in charge of foster homes or who have the child in their care for a period of more than 1 year may be heard, at 

the discretion of the court, in any proceeding for the protection of a child who lives or has lived in their home, so that 

they may contribute evidence of the physical, emotional, mental, or sexual integrity of the child while in their care, but 

they shall not be deemed a party to the case. 
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Determinations Made at Hearings

Citation: Ann. Laws Tit. 8, § 447l

In any judicial proceeding on abuse and/or neglect initiated under this chapter, the court may order any of the following 

remedies:

• To provide support services, keeping the child at home under the protective supervision of the department and 

under whatever conditions the court deems convenient, for a period that initially shall be no longer than 6 months 

and that may be extended for just cause for up to a maximum of 1 year

• To remove the child from the custody of the father, mother, or the person responsible for the child, for a period 

that initially shall not be longer than 6 months and that may be extended for just cause for up to a maximum of 1 

year

• To award the physical custody of the child, consistent with his or her best interests, to the person or institution that 

the court deems convenient, provided the person or institution is licensed or certified by the department

• To deprive both parents of patria potestas 

• Any other determination needed for the protection of the best interests of the child

When the child is removed from the custody of the parents, temporary custody may be awarded to any of the following:

• A member of the child’s family

• The department, in which case physical custody may be awarded to a person designated by the department

Foster parents or operators of establishments in which the child is to be placed shall receive medical and educational 

information at the time of placement. The information shall be revised and updated periodically. 

Permanency Options

Citation: Ann. Laws Tit. 8, § 447k

At the final disposition hearing, the court shall consider a report submitted by the department that shows whether the 

conditions of risk that were present at the time of the child’s removal continue to pose a risk to the well-being, health, or 

physical, mental, emotional, or sexual integrity of the minor. Based on the content of the report and/or other available 

evidence, the court may:

• Find that the child should be returned to his or her home

• Place the child with a person responsible for him or her or to another home

• Grant custody of the child to the department

• Order that a proceeding may be initiated for termination of patria potestas

Rhode Island

Schedule of Hearings

Citation: Gen. Laws §§ 40-11-12.1; 40-11-12.2

The department shall conduct a case plan review every 6 months.

A permanency hearing shall be held:

• Within 12 months of the child’s placement in care and at least every 12 months thereafter

• Within 30 days after a finding that reasonable efforts to reunify are not required 

Persons Entitled to Attend Hearings

Citation: Gen. Laws § 40-11.12.1

At the permanency hearing, all parties shall be allowed to be heard. The foster parents, any preadoptive parent, or 

relative providing care for the child shall be provided with notice of the hearing and may attend and present a report, 

oral or written, containing recommendations as to the best interests of the child. Such opportunity to be heard does not 

require that any foster parent, preadoptive parent, or relative providing care for the child be made a party to a review or 

hearing. 
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Determinations Made at Hearings

Citation: Gen. Laws § 40-11.12.1

At the permanency hearing, the court shall determine:

• The appropriateness of the Department of Children, Youth and Families’ plan for service to the child and parent(s)

• What services have been offered to strengthen and reunify the family

• What efforts have been or should be made to evaluate or plan for other modes of care if return home of the child 

is not likely

• Any further efforts that will promote the best interests of the child

Permanency Options

Citation: Gen. Laws §§ 40-11-12.1; 40-11-12.2

Permanency options include:

• Return to the parent

• Placement for adoption 

• Referral for legal guardianship 

• Placement with a fit and willing relative

• Placement in another planned permanent living arrangement in cases for which the department has documented 

a compelling reason why another permanency option would not be in the best interests of the child

South Carolina

Schedule of Hearings

Citation: Ann. Code §§ 63-7-1640; 63-7-1700

Permanency planning hearings shall be held as follows:

• Within 30 days when the court decides that reasonable efforts to preserve or reunify a family are not required 

results in a hearing other than a permanency planning hearing

• No later than 1 year after the date the child was first placed in foster care

If, after the permanency planning hearing, the child is retained in foster care, future permanency planning hearings must 

be held as follows:

• If the agency is required to initiate termination of parental rights proceedings, the termination hearing may serve 

as the next permanency planning hearing, but only if it is held no later than 1 year from the date of the previous 

hearing.

• If the court ordered extended foster care for the purpose of reunification with the parent, the court must select a 

permanent plan for the child other than another extension of foster care at the next hearing. The hearing must be 

held on or before the date specified for expected completion of the plan; in no case may the hearing be held any 

later than 6 months from the date of the last court order.

• After the termination of parental rights hearing, permanency planning hearings must be held annually until the 

child is adopted.

• If the court places custody or guardianship with the parent, extended family member, or suitable nonrelative, and 

a period of services and supervision is authorized, services and supervision automatically terminate on the date 

specified in the court order. Before the termination date, the Department of Social Services or the guardian ad 

litem may file a petition with the court for a review hearing on the status of the placement.

• If the child is retained in foster care pursuant to a plan other than one described above, future permanency 

planning hearings must be held at least annually.
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Persons Entitled to Attend Hearings

Citation: Ann. Code § 63-7-1630

The department shall provide notice of a hearing to:

• All parties

• The foster parent

• The preadoptive parent

• The relative who is providing care for the child

The notice shall inform the foster parent, preadoptive parent, or relative of the date, place, and time of the hearing and 

of the right to attend the hearing and to address the court concerning the child. Notice provided pursuant to this section 

does not confer on the foster parent, preadoptive parent, or relative the status of a party to the action. 

Determinations Made at Hearings

Citation: Ann. Code § 63-7-1700

At the permanency planning hearing, the court shall review:

• What services have been provided to or offered to the parents to facilitate reunification

• The compliance or lack of compliance by all parties to the case plan

• The extent to which the parents have visited or supported the child and any reasons why visitation or support has 

not occurred or has been infrequent

• Whether previous services should continue and, if additional services are needed to facilitate reunification, 

identifying those services, and specifying the expected date for completion, which must be no longer than 18 

months from the date the child was placed in foster care

• Whether the return home of the child can be expected, and identification of the changes the parent must make in 

circumstances, conditions, or behavior to remedy the causes of the child’s placement or retention in foster care

• Whether the child’s foster care is to continue for a specified time and, if so, how long a time

• If the child has reached age 16, the services needed to assist the child to make the transition to independent 

living

• Whether the child’s current placement is safe and appropriate

• Whether the department has made reasonable efforts to assist the parents in remedying the causes of the child’s 

placement or retention in foster care

• The steps the department is taking to promote and expedite the adoptive placement and to finalize the adoption 

of the child, including documentation of child-specific recruitment efforts

Permanency Options

Citation: Ann. Code § 63-7-1700

Permanency options include:

• Reunification with the parent(s) 

• Custody or guardianship with a fit and willing relative or nonrelative 

• Termination of parental rights and placement for adoption 

• Another permanency plan when the department has documented compelling reasons why another permanency 

option is not in the best interests of the child
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South Dakota

Schedule of Hearings

Citation: Ann. Laws §§ 26-8A-21.2; 26-8A-24; 26-8A-26

If the court places custody of the child in the Department of Social Services, the court shall conduct a review hearing of 

the foster care status every 6 months. The hearing shall be conducted in the same manner as a dispositional hearing. 

A permanency hearing shall be held:

• Within 30 days of a finding that reasonable efforts are not appropriate

• After the child has been in foster care 12 months and every 12 months thereafter

Persons Entitled to Attend Hearings

Citation: Ann. Laws § 26-7A-15

Notice of hearings must be provided to the child’s parents, guardian, or custodian. If the hearing concerns an apparent 

abused or neglected Indian child, the State’s attorney or department shall make reasonable efforts to inform the Indian 

custodian and the designated Tribal agent for the Indian child’s Tribe, if known. 

Determinations Made at Hearings

Citation: Ann. Laws § 26-8A-25

The court shall determine:

• The goal of the foster care placement and the appropriateness of foster care

• The assistance and services that have been provided to the parents

• The good faith efforts, or their lack, and ability of the child’s parents, guardian, or custodian to cooperate with the 

department and to effectively utilize the assistance and services 

• If return to the parent is unlikely, efforts made by the department to provide other care

Permanency Options

Citation: Ann. Laws §§ 26-8A-21.2; 26-8A-26

If it is found that the child cannot be returned to the parent, the court shall determine whether the child should be:

• Placed for adoption

• Referred for legal guardianship

• Placed with a fit and willing relative

• Placed in another planned permanent living arrangement when a compelling reason is documented with the court 

that none of the permanent plans listed above would be in the best interests of the child

• Provided the services needed to transition to independent living if the child is age 16 or older

Tennessee

Schedule of Hearings

Citation: Ann. Code §§ 37-1-166; 37-2-404; 37-3-409

A review hearing shall be held within 90 days of placement and every 6 months thereafter.

A permanency hearing shall be held:

• Within 12 months of placement and every 12 months thereafter

• Within 30 days of a finding that reasonable efforts to reunify are not required

• For a child who is age 17 or older, 3 months prior to his or her planned release to independent living
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Persons Entitled to Attend Hearings

Citation: Ann. Code §§ 37-2-404; 37-2-409

Unless parental rights have been surrendered or terminated, notice of the permanency plan review shall be provided to 

the parent(s) of the child and the parent(s) shall have the right to attend and participate in the review.

The child shall be present for the permanency hearing. The only exceptions to the child’s mandatory attendance shall 

be a child who is either under a doctor’s care preventing the child from attending or is placed outside the State. In such 

event, the court shall require the guardian ad litem, case manager for the Department of Children’s Services, or other 

case manager of the child to attest that the child, if age appropriate, participated in the development of the permanency 

plan or has been counseled on the provisions of the permanency plan. 

Determinations Made at Hearings

Citation: Ann. Code §§ 37-2-404; 37-3-409

At the permanency plan review, the court shall:

• Determine the safety of the child

• Determine the necessity and appropriateness of continued foster care placement

• Assess the compliance of all parties to the statement of responsibilities

• Determine the extent of progress in alleviating or mitigating the causes necessitating placement in foster care and 

in achieving the goals contained in the permanency plan 

• Project a likely date on which the goal of the plan will be achieved

The purpose of the permanency hearing shall be to:

• Review the permanency plan and goals for the child

• Address which goals continue to be appropriate for the child in order to achieve permanent placement

• Determine a timeline for achieving each goal

• Determine the extent of compliance of all parties with the terms of the permanency plan and the extent of 

progress in achieving the goals of the plan

In the case of a child who has reached age 16, the court shall review and ratify an independent living plan for the child. 

At the hearing for a child who has reached age 17, the court shall ensure that the child has notice of and understands the 

child’s opportunity to receive, if eligible, all available voluntary post-custody services from the department by having the 

department present evidence regarding services that are available to the child beginning at age 18. 

Permanency Options

Citation: Ann. Code §§ 37-2-403; 37-2-409

The permanency plan for the child shall state a permanency goal, including:

• Return to the parent 

• Permanent placement with a fit and willing relative

• Placement for adoption

• Referral for permanent guardianship

• Another planned permanent living arrangement

Placement in another planned permanent living arrangement shall only be appropriate in cases where the State agency 

has documented a compelling reason for determining that the other goals would not be in the best interests of the child 

because of the child’s special needs or circumstances. 
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Texas

Schedule of Hearings

Citation: Fam. Code §§ 263.201; 263,304; 263.305; 262.2015

A status hearing shall be held no later than 60 days after the child is placed to review the child’s status and service plan. 

A permanency hearing shall be held:

• No later than 180 days after the child is placed with the Department of Protective and Regulatory Services and 

subsequent hearings no later than 120 days thereafter

• Within 30 days of a finding that reasonable efforts are not required

Persons Entitled to Attend Hearings

Citation: Fam. Code §§ 263.301; 263.302

The following persons are entitled to notice of a permanency hearing and are entitled to present evidence and be heard 

at the hearing:

• The foster parent, preadoptive parent, relative of the child providing care, or the director of the group home or 

institution where the child resides

• Each parent of the child

• The managing conservator or guardian of the child

• An attorney ad litem or a volunteer advocate appointed for the child

• Any other person or agency named by the court to have an interest in the child’s welfare

The child shall attend each permanency hearing unless the court specifically excuses the child’s attendance. 

Determinations Made at Hearings

Citation: Fam. Code § 263.306

At each permanency hearing the court shall:

• Return the child to the parents if they are willing and able to provide the child with a safe environment and the 

return of the child is in the child’s best interests

• Evaluate the department’s efforts to identify relatives who could provide the child with a safe environment if the 

child is not returned to a parent 

• Evaluate the parties’ compliance with temporary orders and the service plan

• Determine whether:

» The child continues to need substitute care.

» The child’s current placement is appropriate for meeting the child’s needs, including with respect to a child 

who has been placed outside of the State, whether that placement continues to be in the best interests of the 

child.

» Other services are needed to meet the child’s special needs or circumstances.

• If the child is placed in institutional care, determine that efforts have been made to ensure placement of the child 

in the least restrictive environment consistent with the best interests and special needs of the child

• If the child is age 16 or older, identify the services needed to assist the child in making the transition from 

substitute care to independent living

The court shall also review the service plan, permanency report, and other information submitted at the hearing to 

determine:

• The safety of the child

• The continuing necessity and appropriateness of the placement

• The extent of compliance with the case plan 

• The extent of progress that has been made toward alleviating or mitigating the causes necessitating the 

placement of the child in foster care

• Whether the department has made reasonable efforts to finalize the permanency plan that is in effect for the child
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Permanency Options

Citation: Fam. Code § 263.306

Permanency options include:

• Return to the parent

• Placement for adoption

• Placement in a permanent managing conservatorship

Utah

Schedule of Hearings

Citation: Ann. Code §§ 78A-6-312; 78A-6-313; 78A-6-314

If reunification efforts have been ordered by the court, a hearing shall be held no more than 6 months after initial removal 

of a child from his or her home.

A permanency hearing shall be held:

• No later than 12 months after the original removal of the minor when reunification services have been ordered

• Within 30 days from the date of the dispositional hearing if reunification services were not ordered at the 

dispositional hearing

With regard to a child who is 36 months old or younger at the time he or she is initially removed from the home, the 

court shall:

• Hold a permanency hearing 8 months after the date of the initial removal

• Order discontinuance of reunification services after 8 months from the initial removal of the child from the home if 

the parents have not made substantial efforts to comply with the child and family plan

Persons Entitled to Attend Hearings

Citation: Ann. Code § 78A-6-317

The following persons are entitled to notice of, and to be present at, each hearing and proceeding held under this part, 

including administrative and citizen reviews, and have a right to be heard at each hearing and proceeding:

• The child who is the subject of the hearing

• Both parents and any guardian of the child

• Any person entitled to notice under §§ Section 78A-6-306 or 78A-6-310, including:

» The caseworker from the Division of Child and Family Services

» The attorney from the Attorney General’s Office representing the division

• Preadoptive parents

• Foster parents

• Any relative providing care for the child

A child shall be represented at each hearing by the guardian ad litem appointed to the child’s case by the court. The 

child has a right to be present at each hearing, subject to the discretion of the guardian ad litem or the court regarding 

any possible detriment to the child.

The parent or guardian of a child who is the subject of a petition under this part has the right to be represented by 

counsel and to present evidence at each hearing. 
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Determinations Made at Hearings

Citation: Ann. Code §§ 78A-6-313; 78A-6-314

At the review hearing, the court shall determine whether:

• The Division of Child and Family Services has provided and is providing reasonable efforts to reunify a family, in 

accordance with the child and family plan

• The parent has fulfilled or is fulfilling identified duties and responsibilities in order to comply with the requirements 

of the child and family plan

At the permanency hearing the court shall determine whether the child may safely be returned to the custody of his or 

her parents. If the court finds, by a preponderance of the evidence, that return of the child would create a substantial 

risk of detriment to his or her physical or emotional well-being, the child may not be returned to the custody of his or her 

parents.

The court shall review and consider:

• Any evidence regarding the efforts or progress demonstrated by the parent(s)

• The extent to which the parent(s) cooperated and availed himself or herself of the services provided

If the child is not returned to his or her parent or guardian at the permanency hearing, the court shall:

• Order termination of reunification services to the parent

• Make a final determination regarding whether termination of parental rights, adoption, or permanent custody and 

guardianship is the most appropriate final plan for the child, taking into account the child’s primary permanency 

goal 

• Establish a concurrent plan that identifies the second most appropriate final plan for the child

Permanency Options

Citation: Ann. Code § 78A-6-314

Permanency options include: 

• Reunification

• Adoption 

• Permanent custody and guardianship

• Kinship placement 

• Another planned permanent living arrangement

Vermont

Schedule of Hearings

Citation: Ann. Stat. Tit. 33, §§ 5320; 5321

Effective January 1, 2009

If the permanency goal of the disposition case plan is reunification with a parent, guardian, or custodian, the court shall 

hold a review hearing within 60 days of the date of the disposition order.

A permanency review hearing shall be held no less than every 12 months with the first hearing to be held 12 months 

after the date the legal custody of the child was transferred, subject to the following exceptions:

• If the child was age 3 or younger at the time of the initial transfer of legal custody, the court may order that 

permanency review hearings be held as frequently as every 3 months.

• If the child is between age 3 and 6 at the time of the initial transfer of legal custody, the court may order that 

permanency review hearings be held as frequently as every 6 months.

If the court shortens the time for the permanency review hearing for a younger sibling, that shortened review interval 

shall be applied to all siblings in the family who are in the legal custody of the Department for Children and Families. 
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Persons Entitled to Attend Hearings

Citation: Ann. Stat. Tit. 33, § 5321

Effective January 1, 2009

The department shall provide notice of the permanency review to: 

• The State’s attorney having jurisdiction

• All parties to the proceeding in accordance with the rules for family proceedings

A foster parent, preadoptive parent, or relative caregiver for the child shall be provided notice of and an opportunity 

to be heard at any permanency hearing held with respect to the child. This notice shall not be construed as giving such 

person party status in the proceeding. 

Determinations Made at Hearings

Citation: Ann. Stat. Tit. 33, §§ 5320; 5321 

Effective January 1, 2009

At the postdisposition review hearing, the court shall monitor progress under the disposition case plan and review 

parent-child contact.

At the permanency review, the court shall review the permanency plan and determine whether the plan advances the 

permanency goal recommended by the department. The court may accept or reject the plan but may not designate a 

particular placement for a child in the department’s legal custody.

The permanency hearing may be held by an administrative body appointed or approved by the court. In the event that 

the administrative body determines that the existing order should be altered, it shall submit its recommendation to the 

court for its consideration. In the event that the administrative body determines that the existing order should not be 

altered, its determination shall be binding unless any party requests review by the court within 10 days of receipt of the 

determination. 

Permanency Options

Citation: Ann. Stat. Tit. 33, § 5321

Effective January 1, 2009

At the permanency hearing, the court shall determine the permanency goal for the child and an estimated time for 

achieving that goal. The goal shall specify when:

• Legal custody of the child will be transferred to the parent, guardian, or custodian.

• The child will be released for adoption.

• A permanent guardianship will be established for the child.

• A legal guardianship will be established for the child pursuant to an order under chapter 111 of Title 14.

• The child will remain in the same living arrangement or be placed in another planned permanent living 

arrangement because the commissioner has demonstrated to the satisfaction of the court a compelling reason 

that it is not in the child’s best interests to:

» Return home

» Have residual parental rights terminated and be released for adoption

» Be placed with a fit and willing relative or legal guardian 

Virgin Islands

Schedule of Hearings

Citation: Ann. Code Tit. 5, § 2554

The status of a child removed from the home shall be reviewed at least once every 6 months following the initial order of 

disposition. 
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Persons Entitled to Attend Hearings

Citation: Ann. Code Tit. 5, § 2554

Notice of a hearing must be provided to any party to the proceeding. 

Determinations Made at Hearings

Citation: Ann. Code Tit. 5, § 2554

At the hearing, the court shall determine:

• What services have been provided or offered to the parents to facilitate reunion

• Whether the parents or guardians are satisfied with the services offered 

• The extent to which the parents have visited the child and any reasons why visitation has not occurred or has been 

infrequent

• Whether the agency is satisfied with the level of the parent’s cooperation

• Whether additional services are needed to facilitate the return of the child to his or her parents or guardian

• When the return of the child may be expected

Permanency Options

Citation: Ann. Code Tit. 5, § 2501

Permanency options include:

• Return to the parent

• Adoption 

• Placement in another permanent setting

Virginia

Schedule of Hearings

Citation: Ann. Code §§ 16.1-278.2; 16.1-281; 16.1-282; 16.1-282.1; 16.1-282.2

Hearings shall be scheduled as follows:

• A dispositional hearing will be held within 75 days of removal to review and approve the foster care plan.

• A foster care review shall be held within 75 days of the child’s initial foster care placement to review and approve 

the foster care plan.

• A foster care review hearing shall be held within 6 months of the dispositional hearing.

• A permanency hearing will be held:

» Within 30 days of a determination that reasonable efforts to reunify are not required

» Within 11 months of the dispositional hearing

• An additional foster care review hearing will be held annually for any child who remains in the custody of a local 

board of social services.

Persons Entitled to Attend Hearings

Citation: Ann. Code § 16.1-282

Notice of a hearing shall be provided to:

• The child’s parents 

• The child if he or she is age 12 or older

• The child’s guardian ad litem

• Any other person standing in loco parentis

• The foster parents

• The petitioning board, public agency, or child welfare agency

• Such other persons as the court, in its discretion, may direct, including, but not limited to, preadoptive parents for 

a child in foster care 
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Determinations Made at Hearings

Citation: Ann. Code § 16.1-282.1

Before approving a plan for the child, the court shall find:

• When returning home remains the goal for the child, what progress the parent has made toward reunification with 

the child, whether the parent has maintained a close and positive relationship with the child, and whether the child 

is likely to return home within the near future

• When returning home is not the goal for the child, what progress is being made to achieve the permanent goal 

identified by the plan 

• Whether reasonable efforts have been made

Permanency Options

Citation: Ann. Code § 16.1-281

Permanency options include:

• Return to the parent

• Transfer custody to a fit and willing relative

• Adoption

• Permanent foster care

• Independent living for a child age 16 or older

• Another planned permanent living arrangement

Washington

Schedule of Hearings

Citation: Rev. Code §§ 13.34.134; 13.34.138; 13.34.145

Hearings to review the status of all children found dependent shall be held 6 months from the beginning of the current 

placement episode and every 6 months thereafter.

Permanency hearings shall be held:

• No later than 12 months from the beginning of placement and every 12 months thereafter

• Within 30 days if reasonable efforts to reunify are not ordered

Persons Entitled to Attend Hearings

Citation: Rev. Code §§ 13.34.070; 13.34.138; 13.34.145

Notice of a hearing shall be provided to the child if the child is age 12 or older, and to the parents, guardian, or 

custodian, and such other persons as appear to the court to be proper or necessary parties to the proceedings.

The supervising agency shall provide a foster parent, preadoptive parent, or relative with notice of, and their right to an 

opportunity to be heard in, a review hearing pertaining to the child, but only if that person is currently providing care to 

that child at the time of the hearing. This notice shall not be construed to grant party status to any person who has been 

provided an opportunity to be heard. 

If the child has resided in the home of a foster parent or relative for more than 6 months prior to the permanency 

planning hearing, the court shall also enter a finding regarding whether the foster parent or relative was informed of the 

hearing as required by statute. 
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Determinations Made at Hearings

Citation: Rev. Code § 13.34.138; 13.34.145

At the review hearing, the court shall determine whether:

• The agency is making reasonable efforts to provide services to the family to eliminate the need for placement of 

the child.

• There has been compliance with the case plan by the child, the child’s parents, and the agency supervising the 

placement.

• Progress has been made toward correcting the problems that necessitated the child’s placement in out-of-home 

care.

• There is a continuing need for placement.

• The child is in an appropriate placement that adequately meets all physical, emotional, and educational needs.

• Preference has been given to placement with the child’s relatives.

• Both in-State and, where appropriate, out-of-State placements have been considered.

• The parents have visited the child and any reasons why visitation has not occurred or has been infrequent.

At the permanency planning hearing, the court shall review the permanency plan prepared by the agency and make 

explicit findings regarding each of the following:

• The continuing necessity for, and the safety and appropriateness of, the placement

• The extent of compliance with the permanency plan by the agency and any other service providers, the child’s 

parents, the child, and the child’s guardian, if any

• The extent of any efforts to involve appropriate service providers in addition to agency staff in planning to meet 

the special needs of the child and the child’s parents

• The progress toward eliminating the causes for the child’s placement outside of his or her home and toward 

returning the child safely to his or her home or obtaining a permanent placement for the child

• The date by which it is likely that the child will be returned to his or her home or placed for adoption, with a 

guardian or in some other alternative permanent placement

Permanency Options

Citation: Rev. Code § 13.34.145

The permanency plan shall identify one of the following outcomes as a primary goal: 

• Being returned safely to his or her home

• Having a petition for the involuntary termination of parental rights filed on behalf of the child

• Being placed for adoption

• Being placed with a guardian

• Being placed in the home of a fit and willing relative of the child

• Being placed in some other alternative permanent placement, including independent living or long-term foster 

care

West Virginia

Schedule of Hearings

Citation: Ann. Code §§ 49-6-5a; 49-6-8

A permanency hearing shall be held:

• Within 12 months of the child’s commitment to care and every 12 months thereafter

• Within 30 days of a finding that reasonable efforts are not required and at least every 3 months thereafter until 

permanency is achieved
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Persons Entitled to Attend Hearings

Citation: Ann. Code §§ 49-6-5a; 49-6-8

Any foster parent, preadoptive parent, or relative providing care for the child shall be given notice of and the opportunity 

to be heard at the permanency hearing.

Before the annual foster care review hearing, notice of the right to be present shall be provided to:

• The child’s attorney

• The child if he or she is age 12 or older

• The child’s parent

• The child’s guardian

• The child’s foster parent

• Any preadoptive parent

• Any relative providing care for the child

• Other persons as the court may direct

Determinations Made at Hearings

Citation: Ann. Code §§ 49-6-5a; 49-6-8

The purpose of the permanency hearing is to determine the permanency plan for the child. At the conclusion of each 

permanency hearing, the court must enter an order stating whether or not the Department of Health and Human 

Resources made reasonable efforts to finalize the permanency plan.

The purpose of the foster care hearing is to:

• Review the child’s case

• Determine whether and under what conditions the child’s commitment to the department shall continue

• Determine what efforts are necessary to provide the child with a permanent home

At the conclusion of the hearing the court shall, in accordance with the best interests of the child, enter an appropriate 

order of disposition. The court order shall state:

• Whether or not the department made reasonable efforts to preserve the family and to prevent out-of-home 

placement or that the specific situation made such effort unreasonable

• Whether or not the department made reasonable efforts to finalize the permanency plan for the child

• Identify services required to meet the child’s needs

The court shall possess continuing jurisdiction over cases as long as a child remains in temporary foster care or, when a 

child is returned to his or her natural parents subject to conditions imposed by the court, as long as the conditions are 

effective. 

Permanency Options

Citation: Ann. Code § 49-6-5a

Permanency options include:

• Return to the parent

• Adoption

• Placement with a fit and willing relative

• Legal guardianship

• Another planned permanent living arrangement
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Wisconsin

Schedule of Hearings

Citation: Ann. Stat. § 48.38

The court or a review panel shall review the permanency plan no later than 6 months after the child’s removal from home 

and every 6 months thereafter as long as the child remains placed outside the home.

The court shall hold a permanency hearing no later than 12 months after the child’s removal from home and every 12 

months thereafter. 

Persons Entitled to Attend Hearings

Citation: Ann. Stat. § 48.38

Notice of a hearing shall be provided to:

• The child’s parents

• The child if he or she is age 12 or older

• Any foster parent, treatment foster parent, operator of a facility in which the child is living, or relative with whom 

the child is living

• A person representing the interests of the public

• The child’s counsel, guardian ad litem, and court-appointed special advocate

A foster parent, treatment foster parent, operator of a facility in which a child is living, or relative providing care for the 

child does not become a party to the proceeding solely on the basis of receiving notice and opportunity to be heard. 

Determinations Made at Hearings

Citation: Ann. Stat.§ 48.38

At the review hearing, the court or panel shall determine:

• The continuing necessity and appropriateness of the placement 

• The extent of compliance with the permanency plan by the agency and any other service providers, the child’s 

parents, the child, and the child’s guardian, if any

• The extent of efforts to meet the needs of the child and parents

• Progress toward eliminating the causes for the child’s placement outside of the home and toward returning the 

child safely home or obtaining a permanent placement

• Whether reasonable efforts were made by the agency to achieve the goal of the permanency plan

• The date by which it is likely that the child will be returned home or placed for adoption, with a guardian, or in an 

alternative permanent placement

Permanency Options

Citation: Ann. Stat. § 48.38

The goal of the permanency plan shall be one of the following: 

• Return to the child’s home

• Placement for adoption 

• Placement with a guardian

• Permanent placement with a fit and willing relative

• An alternative permanent placement, including sustaining care, independent living, or long-term foster care
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Wyoming

Schedule of Hearings

Citation: Ann. Stat. § 14-3-431

The court shall conduct a review hearing 6 months from the date of the child’s removal from the home and every 6 

months thereafter. 

A permanency hearing shall be held:

• No later than 12 months after the child’s removal from home, and every 12 months thereafter

• Within 30 days after a finding that reasonable efforts are not required

Persons Entitled to Attend Hearings

Citation: Ann. Stat. §§ 14-3-402; 14-3-424

Notice of a hearing shall be provided to:

• All parties to the proceeding, including:

» The child

» The child’s parents

» The child’s guardian or custodian

» The State of Wyoming 

» Any other person made a party by the juvenile court

• Counsel for the parties 

Determinations Made at Hearings

Citation: Ann. Stat. § 14-3-431

At the 6-month review hearing the court shall review the case plan to determine:

• The health and safety of the child

• The continuing necessity for the placement

• The appropriateness of the current placement

• The reasonableness of efforts made to reunify the family and the consistency of those efforts with the case plan

• The appropriateness of the case plan and the extent of compliance with the case plan

• Whether progress has been made toward alleviating or mitigating the causes necessitating placement outside the 

home and the extent of that progress

• The date the child is expected to be returned to the home or placed for adoption or legal guardianship

At the permanency hearing, the court shall review:

• Efforts made by the department to effectuate the permanency plan for the child

• The options for the child’s permanent placement

• The reasons for excluding other permanency options 

• Whether the permanency plan is in the best interests of the child

• Whether the department has made reasonable efforts to finalize the plan

Permanency Options

Citation: Ann. Stat. § 14-3-431

Permanency options include:

• Reunification with the parent

• Adoption 

• Legal guardianship

The Department of Family Services shall provide the court with a compelling reason for establishing a permanency plan 

other than reunification, adoption, or legal guardianship.