(Revision. 10/1/15)
25 U.S.C. § 1912 Indian Child Welfare Act of 1978
42 U.S.C. § 675(5)(C) (Definitions (Title IV-E)
AS 47.10.080 Judgments and Orders
AS 47.14.100 Powers and Duties of Department Over Care of Child
17.2 Alaska Child in Need of Aid Rule
Purpose of Hearing: The purpose of a permanency hearing is to establish a permanency plan for the child and to ensure that reasonable efforts have been made to achieve the goal of that plan.
Time Limits:
A permanency hearing must be held:
within 12 months after the date the child entered foster care (the date of entry into foster care is defined by state law as the earlier of: the date of the first judicial finding of child abuse or neglect, or 60 days after the date of removal from the home); or
within 30 days after the court determines that reasonable efforts toward Reunification are no longer required; or
when a party requests a permanency hearing and shows good cause for the request.
If the court is not able to find a specific permanency plan at the hearing, another permanency hearing must be held within a “reasonable time” (usually within 60 days).
If the plan established at a previous permanency hearing changes, the department must promptly request another permanency hearing, which must be held within 30 days of the department’s request.
A permanency hearing must be held at least once every 12 months until the goal of the permanency plan has been reached.
Information Relied Upon: In making permanency findings, the court relies upon the permanency report of the department, as well as any evidence or other relevant information submitted by the parties.
Permanency Report: A permanency report, prepared by the PSS, is required by court rule and is intended to provide the court with sufficient information to make the necessary permanency findings.
The report must be submitted to the court and parties at least 10 days prior to the scheduled permanency hearing.
The report is completed in ORCA and should include:
the department’s permanency plan for the child, as established at the Administrative Review (see section 3.1 Administrative Reviews);
a summary of the family support services which have been identified, recommended, and made available to the family to remedy the conduct or conditions that have caused the child to be a child in need of aid;
a summary of the progress of the parent(s), guardian, and/or Indian Custodian in remedying the conduct or conditions at issue;
a description of the reasonable efforts made by the department to achieve the permanency plan;
if the permanency plan is another planned, permanent living arrangement (APPLA):
At each permanency hearing held with respect to the child, the State/Tribal agency documents the intensive, ongoing, and, as of the date of the hearing, unsuccessful efforts made by the agency to return the child home or secure a placement for the child with a fit and willing relative (including adult siblings), a legal guardian, or an adoptive parent, including through efforts that utilize search technology (including social media) to find biological family members for the children;
a description of the steps are necessary to achieve the arrangement; and
a description of the steps that have been taken to achieve a more permanent plan like adoption.
the department’s decision regarding the filing of a termination petition and the reasons for that decision (if the department has determined that a compelling reason exists not to file, include the compelling reason);
an explanation of why the child’s current placement, whether in-state or out-of-state, is appropriate and in the child’s best interests; whether both in-state and out-of-state placement options have been considered; whether the current placement is expected to be the permanent placement; and, if the current placement is expected to be permanent, why the placement is appropriate to be the permanent placement;
If the child is an Indian Child, an explanation as to whether the child is in a preferred placement under ICWA and, if so, what level of preference (1-4). If the child is not in a first preference placement (i.e., with an Extended Family Member) or is not within any of the placement preferences, there shall be an explanation as to why the department thinks there is good cause to deviate from the placement preferences and what efforts have been made to move the child to a higher preference placement.
if the child is of suitable age, the child’s wishes and preferences regarding the permanency plan and placement; and
if the child is 14 years of age or older, the services that are needed to assist the child in transitioning from foster care to successful adulthood.
if the child is in foster care, or youth 16 and older in another planned permanent living arrangement, if the youth’s foster family home or child care institution is following the reasonable and prudent parent standard, See CPS Manual section 6.5.4 Prudent Parent Standard for further information. And, that the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities (including by consulting with the child in an age-appropriate manner about the opportunities of the child to participate in the activities). This will be documented in the Permanency Report in ORCA, section (E) current placement, section II Information to Assist Court’s Review of Permanency Plan.
Notice of Hearing:
Notice of the hearing must be provided to all parties to the case, the foster parent or out-of-home care provider, and grandparents who are entitled to notice (see section 4.1 Rights, Responsibilities, and Roles of Parties and Participants in a Court Proceeding for clarification of grandparent’s right to notice).
If the permanency hearing involves an Indian child, the child’s Tribe is entitled to notice of the hearing even if the Tribe has not previously intervened or participated in the proceedings.
Child’s Right to be Present: State statutes specifically require that the child be afforded the opportunity to attend the permanency hearing and be heard. The PSS should consult with the guardian ad litem and court appointed special advocate (CASA) to ensure that the child is given this opportunity.
Presentation of Evidence: Often the parties in a case will stipulate to permanency findings. However, if a party opposes the department’s recommendations, the PSS and/or other witnesses may be required to testify in support of those recommendations. Hearsay is generally admissible at a permanency hearing.
Permanency Findings: The court must make the following findings in writing at a permanency hearing:
whether and when the child should be returned to the parent, guardian, or Indian custodian;
whether the child should be placed for adoption or guardianship and whether a petition for termination of parental rights should be filed by the department (taking into account any compelling reason that may exist for not filing a termination petition);
whether there is a compelling reason that the most appropriate placement for the child is another planned, permanent living arrangement (APPLA) based on the department’s recommendation and the information included in the permanency report (see section 3.1 Administrative Reviews, Background Information for examples of compelling reasons). The findings must include the steps that are necessary to achieve the new arrangement and why it continues to be the best option for the child to remain in an APPLA;
whether the department has made the reasonable efforts – or, in the case of an Indian child, Active Efforts – to offer appropriate family support services to remedy the conduct or conditions in the home that have caused the child to be a child in need of aid;
whether the department has made reasonable efforts to achieve the permanency plan for the child;
whether the parent, guardian, or Indian custodian has made substantial progress to remedy the conduct or conditions in the home that have caused the child to be a child in need of aid;
if the permanent plan for the child is for the child to remain in out-of-home care, whether the child’s out-of-home placement continues to be appropriate and in the best interests of the child, and whether both in-state and out-of-state placement options have been considered;
if the child is placed in an out-of-state placement, whether that placement continues to be appropriate and in the child’s best interests;
if the child is 14 years of age or older, findings addressing independent living services needed to assist the child to make the transition from foster care to successful adulthood.
Other Findings and Orders: The court may make other findings and orders relevant to permanency for the child.
The PSS will document the hearing in ORCA.