§ 9-27-338 — Permanency planning hearing

Arkansas § 9-27-338

• Jurisdiction: Arkansas
• Title: 9

Text

(a) (1) A permanency planning hearing shall be held to finalize a permanency plan for the juvenile: (A) No later than twelve (12) months after the date the juvenile enters an out-of-home placement; (B) After a juvenile has been in an out-of-home placement for fifteen (15) of the previous twenty-two (22) months, excluding trial placements and time on runaway status; or (C) No later than thirty (30) days after a hearing granting no reunification services. (2) If a juvenile remains in an out-of-home placement after the initial permanency planning hearing, a permanency planning hearing shall be held annually to reassess the permanency plan selected for the juvenile. (b) (1) This section does not prevent the Department of Human Services or the attorney ad litem from filing at any time prior to the permanency planning hearing a: (A) Petition to terminate parental rights; (B) Petition for guardianship; or (C) Petition for permanent custody. (2) A permanency planning hearing is not required prior to any of these actions. (c) At the permanency planning hearing, based upon the facts of the case, the circuit court shall enter one (1) of the following permanency goals, listed in order of preference, in accordance with the best interest, health, and safety of the juvenile: (1) Placing custody of the juvenile with a fit parent at the permanency planning hearing; (2) Returning the juvenile to the guardian or custodian from whom the juvenile was initially removed at the permanency planning hearing; (3) Authorizing a plan to place custody of the juvenile with a parent, guardian, or custodian only if the court finds that: (A) (i) The parent, guardian, or custodian is complying with the established case plan and orders of the court, making significant and measurable progress toward achieving the goals established in the case plan and diligently working toward reunification or placement in the home of the parent, guardian, or custodian. (ii) Regardless of when the effort was made, the court shall consider all evidence of an effort made by the parent, guardian, or custodian to remedy the conditions that led to the removal of the juvenile from the custody of the parent, guardian, or custodian and give the evidence the appropriate weight and consideration in relation to the safety, health, and well-being of the juvenile. (iii) The burden is on the parent, guardian, or custodian to demonstrate genuine, sustainable investment in completing the requirements of the case plan and following the orders of the court in order to authorize a plan to return or be placed in the home as the permanency goal; (B) The parent, guardian, or custodian is making significant and measurable progress toward remedying the conditions that: (i) Caused the juvenile's removal and the juvenile's continued removal from the home; or (ii) Prohibit placement of the juvenile in the home of a parent; and (C) (i) Placement of the juvenile in the home of the parent, guardian, or custodian shall occur within a time frame consistent with the juvenile's developmental needs but no later than three (3) months from the date of the permanency planning hearing. (ii) The court may authorize a plan to place custody of a juvenile with a parent, guardian, or custodian of the juvenile despite finding that placement of the juvenile in the home of the parent, guardian, or custodian of the juvenile may not occur within the three-month period required under subdivision (c)(3)(C)(i) of this section if the plan is in the best interest of the child during extraordinary circumstances. (iii) As used in this subdivision (c)(3)(C), "extraordinary circumstances" includes without limitation the following circumstances: (a) The Supreme Court orders the suspension of in-person court proceedings; and (b) One (1) of the following has occurred: (1) The President of the United States has declared a national emergency; or (2) The Governor has declared a state of emergency or a statewide public health emergency; (4) Authorizing a plan to obtain a guardianship or adoption with a fit and willing relative; (5) Authorizing a plan for adoption with the department's filing a petition for termination of parental rights unless: (A) The juvenile is being cared for by a relative and the court finds that: (i) Either: (a) The relative has made a long-term commitment to the child and the relative is willing to pursue guardianship or permanent custody; or (b) The juvenile is being cared for by his or her minor parent who is in foster care; and (ii) Termination of parental rights is not in the best interest of the juvenile; (B) The department has documented in the case plan a compelling reason why filing a petition for termination of parental rights is not in the best interest of the juvenile and the court approves the compelling reason as documented in the case plan; or (C) (i) The department has not provided to the family of the juvenile, consistent with the time period in the case plan, the services as the department deemed necessary for the safe return of the juvenile to the juvenile's home if reunification services were required to be made to the family. (ii) If the department has failed to provide services as outlined in the case plan, the court shall schedule another permanency planning hearing for no later than six (6) months; (6) Authorizing a plan to obtain a guardian for the juvenile; (7) Authorizing a plan to obtain a permanent custodian, including permanent custody with a fit and willing relative; or (8) (A) Authorizing a plan for another planned permanent living arrangement that includes a permanent planned living arrangement and addresses the quality of services, including, but not limited to, independent living services and a plan for the supervision and nurturing the juvenile will receive. (B) Another planned permanent living arrangement shall be selected only if: (i) The department has documented to the circuit court a compelling reason for determining that it would not be in the best interest of the child to follow one (1) of the permanency plans identified in subdivisions (c)(1)-(7) of this section and this subdivision (c)(8); (ii) The child is sixteen (16) years of age or older; and (iii) The court makes a judicial determination explaining why, as of the date of the hearing, another planned permanent living arrangement is the best permanency plan for the juvenile and the court finds compelling reasons why it continues to not be in the best interest of the juvenile to: (a) Return home; (b) Be placed for adoption; (c) Be placed with a legal guardian; or (d) Be placed with a fit and willing relative. (d) At the permanency planning hearing on a juvenile sixteen (16) years of age or older, the court shall ask the juvenile his or her desired permanency outcome, or the attorney ad litem shall enter evidence concerning the child's wishes. (e) 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 juvenile. (f) A written order shall be filed by the court or by a party or party's attorney as designated by the court and distributed to the parties within thirty (30) days of the date of the hearing or prior to the next hearing, whichever is sooner. (g) If the court determines that the permanency goal is adoption, the department shall file the petition to terminate parental rights within thirty (30) days from the date of the permanency planning hearing that establishes adoption as the permanency goal. (h) (1) The court shall determine if establishing concurrent permanency planning goals is appropriate. (2) If the court determines that establishing concurrent permanency planning goals is appropriate, the court shall establish all appropriate permanency planning goals subject to the requirements of this section. (3) If the court sets a goal of adoption, reunification services shall continue to be provided unless the court: (A) Determines that the reunification services are no longer needed; (B) Terminates parental rights; or (C) Otherwise finalizes a permanency plan for the juvenile.

Legislative History

Amended by Act 2020F, No. 144,§ 40, eff. 4/20/2020. Amended by Act 2019, No. 984,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 984,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 996,§ 2, eff. 8/1/2017 Amended by Act 2017, No. 996,§ 1, eff. 8/1/2017 Amended by Act 2015, No. 1038,§ 2, eff. 4/4/2015 Amended by Act 2013, No. 490,§ 2, eff. 8/16/2013 Acts 1989, No. 273, § 37; 1995, No. 1337, § 9; 1997, No. 1227, § 12; 1999, No. 401, § 13; 2001, No. 1503, § 12; 2003, No. 1319, § 22; 2005, No. 1191, § 4; 2009, No. 956, § 17; 2011, No. 1175, § 8 See Act 2020F, No. 144, § 42.