Policy Manual

Superior Court For Juvenile Matters

Attachment C to 46-3-5

Time Frames and Court Findings After Termination of Parental Rights

I.  Termination of Parental Rights Granted (Day 1)

     Court has found by clear and convincing evidence: 

a)       at least one adjudicatory ground 

b)      reasonable efforts have been made to locate missing parent(s) 

c)       reasonable efforts to reunify

i.   were made

ii.  were not possible

iii. aggravating circumstance exists so as not to require efforts, or

iv. there is a  previous finding that additional efforts are not required     

d)      termination is in child’s best interests (disposition) 

II.     30-day Report on Implementation of the Permanency Plan     

a)         If adoption is the plan; court must find 

i.  reasonable efforts to promote and expedite adoptive placement

ii.  reasonable efforts to finalize adoption including child-specific recruitment efforts 

b)         For all plans including adoption; court must find  

i.  measurable objectives for implementation

ii. time schedule for implementation, and

iii. reasonable efforts to finalize the plan  

III.   Every 90 days thereafter (beginning at 4-month mark) 

a)       Same findings as # II at each 90-day hearing

b)      The appearance of the Social Worker in court is at the discretion of the judge 

IV.   Permanency Plan Hearing (state and federal requirement) 

a)       Permanency plan motion filed within  9 months of last approval of permanency plan

b)      hearing must be held within 12 months of last permanency hearing, so plan must be filed early enough for docketing and possible contested hearing

c)       the permanency plan schedule usually remains the same pre- and post-TPR, but court may alter schedule as long as the reasonable efforts to achieve the permanency plan finding is made every 12 months. 

In addition to the annual permanency hearings, the court may schedule hearings on the interim report referenced in sections II and III.