A hearing gives the court an opportunity to approve the permanency plan and determine that CYFD has made reasonable efforts to finalize it. The report should include CYFD's proposed permanency plan and any proposed changes to the disposition plan. The Rules of Evidence do not apply to subsequent permanency hearings. However, all parties must have the opportunity to present evidence and cross-examine witnesses. The court may admit testimony by anyone given notice of the hearing who has information about the status of the child or the status of the treatment plan.
All testimony is subject to cross-examination.
The hearing begins with a rebuttable presumption that the child's best interest will be served by changing the child's permanency plan to something other than return to the parent, guardian or custodian. Any party opposing that presumption has the burden of going forward with evidence and the burden of persuading the court that the presumption should be rebutted. The standard of proof to rebut the presumption is a preponderance of the evidence. The court must determine whether sufficient evidence was presented to rebut the presumption of alternative permanent placement of the child. The court must include in its findings whether reasonable efforts have been made to finalize the permanency plan in effect.