Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1610 - CHILD WELFARE CASEWORK SERVICES › Subchapter 4 - REVIEW HEARINGS › Section 17-1610-35 - Permanency hearing

Current through June, 2024
(a) A permanency
				  hearing shall be held within twelve months of the child's initial date of entry
				  into out-of-home care or within thirty days of a judicial determination that
				  the child is an abandoned infant or that aggravated circumstances are present
				  and reasonable efforts to reunify a child and family are not required. The
				  status of the child shall be reviewed at least every twelve months thereafter
				  for as long as the child remains in out-of-home care under the placement
				  responsibility of the department.
(b) The department shall request that the
				  court review the status of the case to determine whether the child is receiving
				  appropriate services and care, that case plans are being properly implemented,
				  and that activities are directed toward a permanent placement for the child.
				  Procedural safeguards relating to notice, participation of the parties, and
				  appeal shall be provided according to the rules of the court. At the permanency
				  hearing the court shall be requested to:
(1)
				  Determine that the department has made reasonable efforts to finalize a
				  permanency plan for the child within twelve months of the initial date of entry
				  into out-of-home care;
(2)
				  Determine the safety of the child and the continued need for and
				  appropriateness of the out-of-home placement;
(3) Determine the extent to which each party
				  has complied with the case plan and the progress that the family has made in
				  making the home safe;
(4) Determine
				  the extent of progress toward resolving the problems that caused the placement
				  and necessitate continued placement;
(5) Project a likely date for the child's
				  return to a safe family home, or permanent placement out of the family home in
				  the following order of preference, through adoption, legal guardianship, or
				  other permanent out-of-home placement;
(6) Determine the need for a termination of
				  parental rights hearing pursuant to section
				  587A-33,
				  HRS and if so, by when;
(7)
				  Determine in the following order of preference whether, and if applicable when,
				  the child will be:
(A) Returned to the legal
				  custodian;
(B) Placed for adoption
				  and parental rights terminated;
(C)
				  Referred for legal guardianship;
(D) Placed permanently with a fit and willing
				  relative; or
(E) Placed in another
				  planned permanent custody living arrangement, but only in cases where the
				  department has documented to the court a compelling reason for determining it
				  would not be in the best interest of the child to follow one of the four
				  specified options above.
(8) In the case of a child who will not be
				  returned to the parent, the hearing shall consider in-State and out-of-State
				  placement options.
(9) Determine if
				  the child is placed out of the state in which the home of the legal custodian
				  is located, whether the out-of-state placement continues to be in the best
				  interest of the child; and
(10)
				  Consult, in an age appropriate manner, with the child about the proposed
				  permanency or transition plan.
(11)
				  Determine, in the case of the child who has attained sixteen years of age, the
				  services needed to assist the child to make the transition from foster care to
				  independent living.