§ 9-27-359 — Fifteenth-month review hearing

(a) A hearing shall be held to determine whether the Department of Human Services shall file a petition to terminate parental rights if: (1) A juvenile has been in an out-of-home placement for fifteen (15) continuous months, excluding trial placements and time on runaway status; and (2) The goal at the permanency planning hearing was either reunification or Another Planned Permanent Living Arrangement (APPLA). (b) The circuit court shall authorize the department to file a petition to terminate parental rights unless: (1) (A) (i) The child is being cared for by a relative or relatives; (ii) Termination of parental rights is not in the best interest of the child; (iii) The relative has made a long-term commitment to the child; and (iv) The relative is willing to pursue adoption, guardianship, or permanent custody of the juvenile; or (B) (i) The child is being cared for by his or her parent who is in foster care; and (ii) Termination of parental rights is not in the best interest of the child; (2) (A) The department has documented in the case plan a compelling reason why filing a petition is not in the best interest of the child; and (B) The court approves the compelling reason as documented in the case plan; or (3) The department has not provided to the family of the juvenile, consistent with the time period in the case plan, the services the department deemed necessary for the safe return of the child to the child's home if reunification services were required to be made to the family. (c) If the court determines the permanency goal to be adoption, the department shall file a petition to terminate parental rights no later than the fifteenth month of the child's entry into foster care. (d) If the court finds that the juvenile should remain in an out-of-home placement, either long-term or otherwise, the juvenile's case shall be reviewed every six (6) months, with an annual permanency planning hearing. (e) 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.

Legislative History

Amended by Act 2013, No. 1055,§ 14, eff. 8/16/2013 Acts 2005, No. 1191, § 5; 2011, No. 793, § 8; 2011, No. 1175, § 10