§ 63-7-2770 — Permanency planning hearings.

(A) If a child remains in the legal custody of the department in accordance with Section 63-7-2750, permanency planning hearings must be held annually and in accordance with Section 63-7-1700. The court shall review the status of the child, the child's transition plan, and the progress being made to coordinate supportive services for the child's successful transition to adulthood. (B) If a child is under the placement and care responsibility of the department in accordance with Section 63-7-2730(B), upon motion filed by the department, the court shall conduct a permanency planning hearing. A permanency planning hearing must be held on an annual basis for as long as the child remains under the placement and care responsibility of the department. The department shall attach a supplemental report to the motion for permanency planning that includes the transition plan and the report of the administrative case review conducted pursuant to Section 63-7-2760. The motion, supplemental report, and notice of the hearing must be served upon the child at least ten days before the permanency planning hearing and the child is entitled to be present for the hearing. The notice of the hearing must inform the child of the procedures to request counsel if the child desires representation. No responsive pleading is required. (C) The order issued as a result of a hearing pursuant to subsection (B) must make specific findings regarding progress being made toward the child's successful transition from the placement and care responsibility of the department and achieving independence, including whether: (1) the child wants to remain under the placement and care responsibility of the department pursuant to a voluntary placement agreement; (2) there is a transition plan that contains specific, measurable goals; (3) the services being provided are designed to support the child's successful transition to living independently; (4) the services being provided further the child's placement, vocational, or educational goals; (5) additional services are necessary to support the child's successful transition to living independently; and (6) the department has made reasonable efforts to support the child's transition to living independently. (D) A permanency planning hearing held pursuant to this section meets the requirements of the case review required pursuant to Section 63-7-2760.

Legislative History

HISTORY: 2022 Act No. 143 (H.3509), SECTION 1, eff April 25, 2022 and upon contingency. Editor's Note 2022 Act No. 143, SECTION 3, provides as follows: "SECTION 3. This act takes effect upon approval by the Governor and is contingent upon funding in the general appropriations bill."