One third must be filed within six months of the end of the state's first legislative session following enactment of this law, two-thirds within 12 months and all of them within 18 months. Sets New Time Frame for Permanency Hearings. The new law establishes a permanency planning hearing for children in care that occurs within 12 months of a child's entry into care. At the hearing, there must be a determination of whether and when a child will be returned home, placed for adoption and a termination of parental rights petition will be filed, referred for legal guardianship, or another planned permanent living arrangement if the other options are not appropriate. Modifies Reasonable Efforts Provision in P.L. 96-272.
States continue to be required to make reasonable efforts to preserve and reunify families.
In making decisions about the removal of a child from, and the child's return to, his or her home, the child's health and safety shall be the paramount concern. Requires States to Check Prospective Foster and Adoptive Parents for Criminal Backgrounds. States are required to provide procedures for criminal record checks for any prospective foster or adoptive parents, before the parents are approved for placement of a child eligible for federal subsidies. In a case of a felony conviction for physical assault, battery, or a drug-related offense that was committed in the past five years, approval could not be granted. States can opt out of this provision either through a written notice from the Governor to HHS, or through state law enacted by the state legislature.