Section 17-1610-35 - Permanency hearing(a) A permanency hearing shall be held within twelve months of the child's initial date of entry into out-of-home care or within thirty days of a judicial determination that the child is an abandoned infant or that aggravated circumstances are present and reasonable efforts to reunify a child and family are not required. The status of the child shall be reviewed at least every twelve months thereafter for as long as the child remains in out-of-home care under the placement responsibility of the department.(b) 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 notice, participation of the parties, and appeal shall be provided according to the rules of the court. At the permanency hearing the court shall be requested to: (1) Determine that the department has made reasonable efforts to finalize a permanency plan for the child within twelve months of the initial date of entry into out-of-home care;(2) Determine the safety of the child and 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 that the family has made in making the home safe;(4) Determine the extent of progress toward resolving the problems that caused the placement and necessitate continued placement;(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;(6) Determine the need for a termination of parental rights hearing pursuant to section 587A-33, HRS and if so, by when;(7) Determine in the following order of preference whether, and if applicable when, the child will be: (A) Returned to the legal custodian;(B) Placed for adoption and parental rights terminated;(C) Referred for legal guardianship;(D) Placed permanently with a fit and willing relative; or(E) Placed in another planned permanent custody living arrangement, but only in cases where the department has documented to the court a compelling reason for determining it would not be in the best interest of the child to follow one of the four specified options above.(8) In the case of a child who will not be returned to the parent, the hearing shall consider in-State and out-of-State placement options.(9) Determine if the child is placed out of the state in which the home of the legal custodian is located, whether the out-of-state placement continues to be in the best interest of the child; and(10) Consult, in an age appropriate manner, with the child about the proposed permanency or transition plan.(11) Determine, in the case of the child who has attained sixteen years of age, the services needed to assist the child to make the transition from foster care to independent living.Haw. Code R. § 17-1610-35
[Eff DEC 09 2010] (Auth: HRS §§ 346-14, 350-2) (Imp: HRS §§ 350-2, 587A-30; 42 U.S.C. §627; 45 C.F.R. §§1355.20, 1356.21; Pub. L. No. 96-272, Pub. L. No 105-89 )