237 Pa. Code § 1608

Current through Register Vol. 54, No. 25, June 22, 2024

Rule 1608 - Permanency Hearing

(a)Purpose and Timing of Hearing. For every case, the court shall conduct a permanency hearing at least every six months for purposes of determining or reviewing:

1 the permanency plan of the child;

2 the date by which the goal of permanency for the child might be achieved; and

3 whether the placement continues to be best suited to the safety, protection, and physical, mental, and moral welfare of the child.

(b)Recording. The permanency hearing shall be recorded.

(c)Evidence.

1 Any evidence helpful in determining the appropriate course of action, including evidence that was not admissible at the adjudicatory hearing, shall be presented to the court.

2 If a report was submitted pursuant to Rule 1604, the court shall review and consider the report as it would consider all other evidence.

(d)Court's Findings.

1Findings at all Six-Month Hearings. At each permanency hearing, the court shall enter its findings and conclusions of law into the record and enter an order pursuant to Rule 1609. On the record in open court, the court shall state:

(i) the appropriateness of the placement;

(ii) the appropriateness, feasibility, and extent of compliance with the permanency plan developed for the child;

(iii) the appropriateness and feasibility of the current permanency goal for the child provided that, at no time may a goal be changed from reunification unless notice has been provided in accordance with Rule 1601(B);

(iv) the likely date by which the permanency goal for the child might be achieved;

(v) whether reasonable efforts were made to finalize the permanency plan in effect;

(vi) whether the county agency has made services available to the guardian, and if not, why those services have not been made available;

(vii) the continued appropriateness of the permanency plan and the concurrent plan;

(viii) whether the county agency has satisfied the requirements of Rule 1149 regarding family finding, and if not, the findings and conclusions of the court on why the requirements have not been met by the county agency;

(ix) whether the child is safe;

(x) if the child has been placed outside the Commonwealth, whether the placement continues to be best suited to the safety, protection, and physical, mental, and moral welfare of the child;

(xi) the services needed to assist a child who is 14 years of age or older to make the transition to a successful adulthood, including:

(A) whether services are being provided as required under 67 Pa.C.S. § 7505 (relating to transition plan and services);

(B) the specific independent living services or instructions that are currently being provided by the county agency or private provider;

(C) the areas of need in independent living instruction that have been identified by the independent living assessment completed pursuant to the Chafee Act, 42 U.S.C. §§ 671et seq.;

(D) the independent living services that the child will receive prior to the next permanency review hearing;

(E) whether the child is in the least restrictive, most family-like setting that will enable him to develop independent living skills;

(F) the efforts that have been made to develop and maintain connections with supportive adults regardless of placement type;

(G) whether the child is making adequate educational progress to graduate from high school or whether the child is enrolled in another specified educational program that will assist the child in achieving self-sufficiency;

(H) the job-readiness services that have been provided to the child and the employment/career goals that have been established;

(I) whether the child has physical health or behavioral health needs that will require continued services into adulthood; and

(J) the steps being taken to ensure that the youth will have stable housing or living arrangements when discharged from care;

(xii) any educational, health care, and disability needs of the child and the plan to ensure those needs are met;

(xiii) if a sibling of a child has been removed from the home and is in a different setting than the child, whether reasonable efforts have been made to place the child and sibling of the child together or whether such joint placement is contrary to the safety or well-being of the child or sibling;

(xiv) if the child has a sibling, whether visitation of the child with that sibling is occurring no less than twice a month, unless a finding is made that visitation is contrary to the safety or well-being of the child or sibling;

(xv) whether sufficient steps have been taken by the county agency to ensure the caregiver is exercising the reasonable and prudent parent standard;

(xvi) whether sufficient steps have been taken by the county agency to ensure the child has been provided regular, ongoing opportunities to engage in age-appropriate or developmentally-appropriate activities, including:

(a) consulting the child in an age-appropriate or developmentally-appropriate manner about the opportunities to participate in activities; and

(b) identifying and addressing any barriers to participation; and

(xvii) whether the visitation schedule for the child with the child's guardian is adequate, unless a finding is made that visitation is contrary to the safety or well-being of the child.

2Another Planned Permanent Living Arrangement (APPLA) for Children 18 Years of Age or Older. APPLA shall not be utilized for any child under the age of 18. At each permanency hearing for a child who is 18 years or older and has a permanency goal of APPLA, the following additional considerations, inquiry, and findings shall be made by the court:

(i)Court's APPLA Considerations. Before making its findings pursuant to subdivision (d)(2)(iii), the court shall consider evidence, which is obtained as of the date of the hearing, and entered into the record concerning:

(A) the intensive, ongoing, and unsuccessful efforts made to:

(I) return the child home; or

(II) secure a placement for the child with a fit and willing relative, a legal guardian, or an adoptive parent;

(B) the specific services, including the use of search technology and social media to find biological family members and kin, as well as permanency services that have been provided to the child that serve as the intensive ongoing, and unsuccessful efforts to achieve reunification, adoption, or placement with a guardian or a fit and willing relative;

(C) the full names of at least two identified supportive adults with whom the child has significant connections;

(D) how each identified supportive adult has formalized the connection with the child;

(E) the specific services that will be provided by the agency to support and maintain the connection between the child and identified supportive adult(s); and

(F) the specific planned, permanent placement or living arrangement for the child that will provide the child with stability.

(ii)Court's Inquiry of Child's Desired Permanency Outcome. Before making its findings pursuant to subdivision (d)(2)(iii), the court shall ask the child about the child's desired permanency outcome.

(iii)Court's APPLA Findings. After making all the findings of subdivision (d)(1) and before assigning the permanency goal of APPLA, at each subsequent permanency hearing, based upon the considerations and inquiry provided in subdivision (d)(2)(i)-(ii) and any other evidence deemed appropriate by the court, the court shall state in open court on the record the following:

(A) reasons why APPLA continues to be the best permanency plan for the child; and

(B) compelling reasons why it continues not to be in the best interests of the child to:

(i) return home;

(ii) be placed for adoption;

(iii) be placed with a legal guardian;

(iv) be placed with a fit and willing relative; and

(C) the full names of at least two identified supportive adults with whom the child has significant connections; and

(D) the identity of the specific APPLA approved by the court.

3Additional Findings for 15 of Last 22 Months. If the child has been in placement for 15 of the last 22 months, the court may direct the county agency to file a petition for involuntary termination of parental rights.

(e)Advanced Communication Technology. Upon good cause shown, a court may utilize advanced communication technology pursuant to Rule 1129.

(f)Family Service Plan or Permanency Plan.

1 The county agency shall review the family service plan or permanency plan at least every six months, including all family finding efforts pursuant to Rule 1149.

2 The family service plan or permanency plan shall identify which relatives and kin were included in its development and the method of that inclusion.

3 If the plan is modified, the county agency shall follow the filing and service requirements pursuant to Rule 1345.

4 The parties and when requested, the court, shall be provided with the modified plan at least 15 days prior to the permanency hearing.

237 Pa. Code § 1608

Amended by Pennsylvania Bulletin, Vol 45, No. 30. July 25, 2015, effective 10/1/2015

Amended by Pennsylvania Bulletin, Vol 45, No. 52. December 26, 2015, effective 1/1/2016

Amended by Pennsylvania Bulletin, Vol 46, No. 27. July 2, 2016, effective 7/2/2016

Amended by Pennsylvania Bulletin, Vol 48, No. 22. June 2, 2018, effective 6/2/2018

Amended by Pennsylvania Bulletin, Vol 53, No. 13. April 1, 2023, effective 10/1/2023