§587‑72  Review hearings.  (a) 
Except for good cause shown, the court shall set each case for review hearing
not later than six months after the date that a service plan is ordered by the
court and, thereafter, the court shall set subsequent review hearings at
intervals of no longer than six months until the court's jurisdiction has been
terminated or the court has ordered a permanent plan and has set the case for a
permanent plan review hearing.  The court may set a case for a review hearing
upon the motion of a party at any time if the hearing is deemed by the court to
be in the best interests of the child.



(b)  Upon each review hearing, the court shall
consider fully all relevant prior and current information pertaining to the
safe family home guidelines, as set forth in section 587-25, including but not
limited to the report submitted pursuant to section 587-40, and:



(1)  Determine whether the child's family is presently
willing and able to provide the child with a safe family home without the
assistance of a service plan and, if so, the court shall terminate
jurisdiction;



(2)  Determine whether the child's family is presently
willing and able to provide the child with a safe family home with the
assistance of a service plan and, if so, the court shall return the child or
continue the placement of the child in the child's family home under the family
supervision of the appropriate authorized agency;



(3)  If the child's family home is determined,
pursuant to paragraph (2) not to be safe, even with the assistance of a service
plan, order that the child remain or be placed under the foster custody of the
appropriate authorized agency;



(4)  Determine whether the parties have complied with,
performed, and completed every term and condition of the service plan that was
previously court ordered;



(5)  Order revisions to the existing service plan,
after satisfying section 587-71(h), as the court, upon a hearing that the court
deems to be appropriate, determines to be in the best interests of the child;
provided that a copy of the revised service plan shall be incorporated as part
of the order;



(6)  Enter further orders as the court deems to be in
the best interests of the child;



(7)  Determine whether aggravated circumstances are
present and, if so, the court shall set the case for a show cause hearing as
the court deems appropriate within thirty days.  At the show cause hearing, the
child's family shall have the burden of presenting evidence to the court
regarding the reasons and considerations as to why the case should not be set
for a permanent plan hearing; and



(8)  If the child has been residing outside the family
home for twelve consecutive months from the initial date of entry into
out-of-home care, set the case for a show cause hearing as deemed appropriate
by the court.  At the show cause hearing, the child's family shall have the
burden of presenting evidence to the court regarding the reasons and
considerations as to why the case should not be set for a permanent plan
hearing.



(c)  In any case that a permanent plan hearing
is not deemed to be appropriate, the court shall:



(1)  Make a finding that the parties understand that
unless the family is willing and able to provide the child with a safe family
home, even with the assistance of a service plan, within the reasonable period
of time specified in the service plan, their respective parental and custodial
duties and rights shall be subject to termination; and



(2)  Set the case for a review hearing within six
months.



(d)  If the child has been residing outside of
the family home for an aggregate of fifteen out of the most recent twenty-two
months from the initial date of entry into out-of-home care, the department
shall file a motion to set the matter for a permanent plan hearing unless:



(1)  The department has documented in the safe family
home guidelines prepared pursuant to section 587-25(a), a compelling reason why
it would not be in the best interests of the child to file a motion; or



(2)  The State has not provided to the family of the
child, consistent with the time period in the service plan, such services as
the department deems necessary for the safe return of the child to the family
home;



provided that nothing in this section shall prevent
the department from filing such a motion to set a permanent plan hearing if the
department has determined that the criteria in section 587-73(a) are present.
[L 1983, c 171, pt of §1; am L 1986, c 316, §29; am L 1992, c 190, §25; am L
1993, c 319, §1; am L 1998, c 134, §12; am L 1999, c 153, §4; am L 2000, c 97,
§1; am L 2006, c 192, §3]



 



Case Notes



 



  With the exception of the two situations described in
subsection (c)(3) (pre-1998), the court was not mandated to order a show cause
hearing prior to holding a permanent plan hearing; thus, no error where court
held permanent plan hearing without first ordering a show cause hearing.  89 H.
477 (App.), 974 P.2d 1067.