Order to include determination of efforts of division of familyservices--definition of reasonable efforts bydivision--modification of the permanency plan, when--reasonableefforts not required, when--permanency hearing, when.
211.183. 1. In juvenile court proceedings regarding the removal of achild from his or her home, the court's order shall include a determinationof whether the division of family services has made reasonable efforts toprevent or eliminate the need for removal of the child and, after removal,to make it possible for the child to return home. If the first contactwith the family occurred during an emergency in which the child could notsafely remain at home even with reasonable in-home services, the divisionshall be deemed to have made reasonable efforts to prevent or eliminate theneed for removal.
2. "Reasonable efforts" means the exercise of reasonable diligenceand care by the division to utilize all available services related tomeeting the needs of the juvenile and the family. In determiningreasonable efforts to be made and in making such reasonable efforts, thechild's present and ongoing health and safety shall be the paramountconsideration.
3. In support of its determination of whether reasonable efforts havebeen made, the court shall enter findings, including a brief description ofwhat preventive or reunification efforts were made and why further effortscould or could not have prevented or shortened the separation of thefamily. The division shall have the burden of demonstrating reasonableefforts.
4. The juvenile court may authorize the removal of the child even ifthe preventive and reunification efforts of the division have not beenreasonable, but further efforts could not permit the child to remain athome.
5. Before a child may be removed from the parent, guardian, orcustodian of the child by order of a juvenile court, excluding commitmentsto the division of youth services, the court shall in its orders:
(1) State whether removal of the child is necessary to protect thechild and the reasons therefor;
(2) Describe the services available to the family before removal ofthe child, including in-home services;
(3) Describe the efforts made to provide those services relevant tothe needs of the family before the removal of the child;
(4) State why efforts made to provide family services described didnot prevent removal of the child; and
(5) State whether efforts made to prevent removal of the child werereasonable, based upon the needs of the family and child.
6. If continuation of reasonable efforts, as described in thissection, is determined by the division to be inconsistent with establishinga permanent placement for the child, the division shall take such steps asare deemed necessary by the division, including seeking modification of anycourt order to modify the permanency plan for the child.
7. The division shall not be required to make reasonable efforts, asdefined in this section, but has the discretion to make reasonable effortsif a court of competent jurisdiction has determined that:
(1) The parent has subjected the child to a severe act or recurrentacts of physical, emotional or sexual abuse toward the child, including anact of incest; or
(2) The parent has:
(a) Committed murder of another child of the parent;
(b) Committed voluntary manslaughter of another child of the parent;
(c) Aided or abetted, attempted, conspired or solicited to commitsuch a murder or voluntary manslaughter; or
(d) Committed a felony assault that resulted in serious bodily injuryto the child or to another child of the parent; or
(3) The parent's parental rights to a sibling have been involuntarilyterminated.
8. If the court determines that reasonable efforts, as described inthis section, are not required to be made by the division, the court shallhold a permanency hearing within thirty days after the court has made suchdetermination. The division shall complete whatever steps are necessary tofinalize the permanent placement of the child.
9. The division may concurrently engage in reasonable efforts, asdescribed in this section, while engaging in such other measures as aredeemed appropriate by the division to establish a permanent placement forthe child.
(L. 1985 H.B. 366, et al. § 4, A.L. 1987 S.B. 244, A.L. 1998 H.B. 1822 merged with S.B. 674)
Order to include determination of efforts of division of familyservices--definition of reasonable efforts bydivision--modification of the permanency plan, when--reasonableefforts not required, when--permanency hearing, when.
211.183. 1. In juvenile court proceedings regarding the removal of achild from his or her home, the court's order shall include a determinationof whether the division of family services has made reasonable efforts toprevent or eliminate the need for removal of the child and, after removal,to make it possible for the child to return home. If the first contactwith the family occurred during an emergency in which the child could notsafely remain at home even with reasonable in-home services, the divisionshall be deemed to have made reasonable efforts to prevent or eliminate theneed for removal.
2. "Reasonable efforts" means the exercise of reasonable diligenceand care by the division to utilize all available services related tomeeting the needs of the juvenile and the family. In determiningreasonable efforts to be made and in making such reasonable efforts, thechild's present and ongoing health and safety shall be the paramountconsideration.
3. In support of its determination of whether reasonable efforts havebeen made, the court shall enter findings, including a brief description ofwhat preventive or reunification efforts were made and why further effortscould or could not have prevented or shortened the separation of thefamily. The division shall have the burden of demonstrating reasonableefforts.
4. The juvenile court may authorize the removal of the child even ifthe preventive and reunification efforts of the division have not beenreasonable, but further efforts could not permit the child to remain athome.
5. Before a child may be removed from the parent, guardian, orcustodian of the child by order of a juvenile court, excluding commitmentsto the division of youth services, the court shall in its orders:
(1) State whether removal of the child is necessary to protect thechild and the reasons therefor;
(2) Describe the services available to the family before removal ofthe child, including in-home services;
(3) Describe the efforts made to provide those services relevant tothe needs of the family before the removal of the child;
(4) State why efforts made to provide family services described didnot prevent removal of the child; and
(5) State whether efforts made to prevent removal of the child werereasonable, based upon the needs of the family and child.
6. If continuation of reasonable efforts, as described in thissection, is determined by the division to be inconsistent with establishinga permanent placement for the child, the division shall take such steps asare deemed necessary by the division, including seeking modification of anycourt order to modify the permanency plan for the child.
7. The division shall not be required to make reasonable efforts, asdefined in this section, but has the discretion to make reasonable effortsif a court of competent jurisdiction has determined that:
(1) The parent has subjected the child to a severe act or recurrentacts of physical, emotional or sexual abuse toward the child, including anact of incest; or
(2) The parent has:
(a) Committed murder of another child of the parent;
(b) Committed voluntary manslaughter of another child of the parent;
(c) Aided or abetted, attempted, conspired or solicited to commitsuch a murder or voluntary manslaughter; or
(d) Committed a felony assault that resulted in serious bodily injuryto the child or to another child of the parent; or
(3) The parent's parental rights to a sibling have been involuntarilyterminated.
8. If the court determines that reasonable efforts, as described inthis section, are not required to be made by the division, the court shallhold a permanency hearing within thirty days after the court has made suchdetermination. The division shall complete whatever steps are necessary tofinalize the permanent placement of the child.
9. The division may concurrently engage in reasonable efforts, asdescribed in this section, while engaging in such other measures as aredeemed appropriate by the division to establish a permanent placement forthe child.
(L. 1985 H.B. 366, et al. § 4, A.L. 1987 S.B. 244, A.L. 1998 H.B. 1822 merged with S.B. 674)
Order to include determination of efforts of division of familyservices--definition of reasonable efforts bydivision--modification of the permanency plan, when--reasonableefforts not required, when--permanency hearing, when.
211.183. 1. In juvenile court proceedings regarding the removal of achild from his or her home, the court's order shall include a determinationof whether the division of family services has made reasonable efforts toprevent or eliminate the need for removal of the child and, after removal,to make it possible for the child to return home. If the first contactwith the family occurred during an emergency in which the child could notsafely remain at home even with reasonable in-home services, the divisionshall be deemed to have made reasonable efforts to prevent or eliminate theneed for removal.
2. "Reasonable efforts" means the exercise of reasonable diligenceand care by the division to utilize all available services related tomeeting the needs of the juvenile and the family. In determiningreasonable efforts to be made and in making such reasonable efforts, thechild's present and ongoing health and safety shall be the paramountconsideration.
3. In support of its determination of whether reasonable efforts havebeen made, the court shall enter findings, including a brief description ofwhat preventive or reunification efforts were made and why further effortscould or could not have prevented or shortened the separation of thefamily. The division shall have the burden of demonstrating reasonableefforts.
4. The juvenile court may authorize the removal of the child even ifthe preventive and reunification efforts of the division have not beenreasonable, but further efforts could not permit the child to remain athome.
5. Before a child may be removed from the parent, guardian, orcustodian of the child by order of a juvenile court, excluding commitmentsto the division of youth services, the court shall in its orders:
(1) State whether removal of the child is necessary to protect thechild and the reasons therefor;
(2) Describe the services available to the family before removal ofthe child, including in-home services;
(3) Describe the efforts made to provide those services relevant tothe needs of the family before the removal of the child;
(4) State why efforts made to provide family services described didnot prevent removal of the child; and
(5) State whether efforts made to prevent removal of the child werereasonable, based upon the needs of the family and child.
6. If continuation of reasonable efforts, as described in thissection, is determined by the division to be inconsistent with establishinga permanent placement for the child, the division shall take such steps asare deemed necessary by the division, including seeking modification of anycourt order to modify the permanency plan for the child.
7. The division shall not be required to make reasonable efforts, asdefined in this section, but has the discretion to make reasonable effortsif a court of competent jurisdiction has determined that:
(1) The parent has subjected the child to a severe act or recurrentacts of physical, emotional or sexual abuse toward the child, including anact of incest; or
(2) The parent has:
(a) Committed murder of another child of the parent;
(b) Committed voluntary manslaughter of another child of the parent;
(c) Aided or abetted, attempted, conspired or solicited to commitsuch a murder or voluntary manslaughter; or
(d) Committed a felony assault that resulted in serious bodily injuryto the child or to another child of the parent; or
(3) The parent's parental rights to a sibling have been involuntarilyterminated.
8. If the court determines that reasonable efforts, as described inthis section, are not required to be made by the division, the court shallhold a permanency hearing within thirty days after the court has made suchdetermination. The division shall complete whatever steps are necessary tofinalize the permanent placement of the child.
9. The division may concurrently engage in reasonable efforts, asdescribed in this section, while engaging in such other measures as aredeemed appropriate by the division to establish a permanent placement forthe child.
(L. 1985 H.B. 366, et al. § 4, A.L. 1987 S.B. 244, A.L. 1998 H.B. 1822 merged with S.B. 674)
