8-829

8-829. Judicial determinations; timing;
documentation

A. If a child has been removed from the child's home, the court shall make
protecting the child from abuse or neglect the first priority and shall make the
following determinations within the following time periods:

1. In the court's first order that sanctions the removal, whether continuation of
the child's residence in the home would be contrary to the welfare of the child. This
order may be the temporary order that the court issues on the filing of a dependency
petition.

2. At the preliminary protective hearing, whether the department made attempts to
identify and assess placement with the child's grandparent or another member of the
child's extended family including a person who has a significant relationship with the
child.

3. Within sixty days after the child is removed from the child's home, whether
reasonable efforts have been made to prevent removal of the child or whether it was
reasonable to make no efforts to prevent removal of the child.

4. If the child is not placed with a grandparent or another member of the child's
extended family including a person who has a significant relationship with the child
within sixty days after the child is removed from the child's home, why such placement is
not in the best interests of the child. The petitioner has the burden of presenting
evidence that such placement is not in the child's best interests at the first court
hearing thereafter.

5. Within twelve months after the child is removed from the child's home and once
every twelve months thereafter, whether reasonable efforts have been made to finalize the
existing permanency plan.

6. If the child is under three years of age, within six months after the child is
removed from the child's home, whether reasonable efforts have been made to provide
reunification services to the parent and whether a parent of a child who is under three
years of age has substantially neglected or wilfully refused to participate in
reunification services offered by the department.

B. The court shall make each determination described in subsection A on a
case-by-case basis and shall set forth in its written order the specific factual basis
for each determination. In making its determination, the court shall consider
documentation that is reasonably available at the time of the determination.