Policy Manual
COURTS
Superior Court For Juvenile Matters

Attachment B to 46-3-5

Time Frames and Court Findings From Start of Case Through Order of Termination

 I.  Initial Placement (Day 1) 

1. 96-hour hold or
2. Order of Temporary Custody – SCJM or any other court of competent jurisdiction (family, probate, or criminal)
3. Additional Order of the Court  - Finding that continuation in the home is contrary to the child’s well being must be made on the date the court first orders placement (federal requirement.) Voluntary Placement Agreement – Does not need the contrary to the welfare finding.
4. Preliminary hearing (by day 10)
5. Contested hearing (by day 20)
6. Initial plea on neglect petition (by day 10)

       II.  Within sixty days of initial placement

The court must make a finding that reasonable efforts to prevent the removal were or were not made, or that reasonable efforts were not required (state and federal requirement.) 

III.   Nine months from date of initial placement

 First Permanency Plan due in Court  (state and federal requirement)

a.  The child’s health and safety must be the paramount concern in formulating the permanency plan. 

b.  Permanency Options: 

i.                    Reunification

ii.                   Transfer of Guardianship to relative or non-relative

iii.                 Long-term foster care with a Licensed Relative

iv.                 Adoption

v.                  Options i through iv are the preferred permanency options

vi.                 Other Planned Permanent Living Arrangement – Must document in the treatment plan the compelling reason that preferred options i through iv were not in the best interest of the child. 

c.       If parents are going to contest the plan, they must file a written motion in opposition within 30 days and the court must hold an evidentiary hearing within 90 days of the date of DCF’s motion. 

d.      At the permanency plan hearing, the court must make the following rulings and findings: 

i.                  Approve plan or order another plan (state and federal requirement).

ii.          DCF has made reasonable efforts to achieve the plan (state and federal requirement). 

ii.                 Whether further reunification efforts are appropriate (state requirement.) 

IV.  Nine months from date of initial placement

      File Motion to Maintain or Revoke commitment if child is committed (state requirement). 

a.   Replaces extension of commitment (commitments no longer automatically expire)

b.   May be filed with Permanency Plan motion (same form)

  V.                   On or before twelve months from date of initial placement

         Permanency Plan hearing (held every twelve months thereafter as long as child is in care).

VI.                Neglect Adjudication anytime subsequent to the filing of the petition -may be contested or by agreement.

  VII.   Neglect petition disposition at same time or subsequent to adjudication –may be contested or by  agreement. 

VIII.  No later than fifteen months after initial placement, or at point child has been in out of home placement for fifteen out of twenty-two months (if child has returned home for some period of time)

Termination of Parental Rights petition required EXCEPT if

a.       Child is in placement with a relative

b.      Services have not been provided to parents, or

c.       Compelling reason that termination is not in child’s best interests (must be documented in treatment plan.)

The Department is not precluded from filing a TPR petition if one of these exceptions applies; it only means that the Department is not required to file.