Section 17-1610-34 - Periodic review hearings - foster custody(a) The status of each child in court ordered out-of-home care under the placement responsibility of the department shall be reviewed by the court at intervals no greater than six months. The reviews shall be held within six months of the date of the initial date of entry into out-of-home care and at least every six months thereafter.(b) If a periodic review is due, but in the assessment of the department a permanency hearing is more appropriate, a permanency hearing shall be requested in place of the periodic review hearing. The permanency hearing shall take the place of the periodic review in this instance.(c) For children adjudicated under chapter 587A, HRS, the department shall request that the court review the status of the case to determine whether the child is receiving appropriate services and care, that case plans are being properly implemented, and that activities are directed toward a permanent placement for the child. Procedural safeguards relating to parental rights pertaining to the removal of the child from the home, changes in placement, any determination affecting visitation privileges of parents, notice, participation of the parties, and appeal shall be provided according to the rules of the court. At the hearing the court shall be requested to: (1) Determine the safety of the child;(2) Determine the continued need for and appropriateness of the out-of-home placement;(3) Determine the extent to which each party has complied with the case plan and the progress the family has made in making their home safe;(4) Determine the extent of progress toward resolving the problems that caused the placement and necessitate continued out-of-home placement of the child; and(5) Project a likely date for the child's return to a safe family home, or permanent placement out of the family home in the following order of preference, through adoption, legal guardianship, or other permanent out-of-home placement.(d) The department shall request that the periodic reviews required by Pub. L. No. 96-272 be held at the same hearing as that scheduled for the chapter 587A, HRS, matter.Haw. Code R. § 17-1610-34
[Eff DEC 09 2010] (Auth: HRS §§ 346-14) (Imp: HRS §§ 350-2, 587A-30; 45 C.F.R. §1340.14; 42 U.S.C. §627; Pub. L. No. 105-89 )