Rule 17.2 - Permanency Hearing(a)Purpose and Timing of the Hearing. The purpose of the permanency hearing is to establish a permanency plan for each child committed to state custody under AS 47.10.080(c)(1) and to ensure that findings with respect to the plan are made as required by state and federal laws. The permanency hearing must be held: (1) within 12 months after the date the child entered foster care as calculated under AS 47.10.088(f); (2) within 30 days after the court determines pursuant to CINA Rule 17.1 that reasonable efforts are not required; or (3) upon application by a party, when good cause is shown. (b)Notice. The court or the party requesting the permanency hearing shall notify the parties of the time set for the hearing, the right to counsel, and the right to submit statements, affidavits or other evidence to the court. The Department shall notify the foster parent or other out-of-home care provider of the time set for the hearing and the right to participate in the hearing. In cases involving an Indian child, the Department shall also provide notice to the child's tribe if the child's tribe has not intervened. A party seeking a continuance of a scheduled hearing must provide reasons for the request. The court may not grant a continuance of a scheduled hearing absent a finding of good cause. (c)Report. The Department shall file and serve a permanency report no later than ten days prior to the permanency hearing, unless waived by the parties with the court's approval. In the report, the Department shall describe its permanency plan for the child and provide a detailed statement of the facts and circumstances supporting the plan. The court may accept an agreement to waive preparation of a permanency report only if the parties agree to present admissible evidence to support findings under subsection (e).(d)Evidence. Hearsay which is not otherwise admissible under a recognized exception to the hearsay rule may be admissible at the permanency hearing if the hearsay is probative of a material fact, has circumstantial guarantees of trustworthiness, and the appearing parties are given a fair opportunity to meet it. (e)Findings. The court shall make written findings, including findings related to (1) whether the child continues to be a child in need of aid; (2) whether the child should be returned to the parent or guardian, and when; (3) whether the child should be placed for adoption or legal guardianship and whether the Department is in compliance with AS 47.10.088(d) relating to the filing of a petition for termination of parental rights; (4) whether there is compelling reason that the most appropriate placement for the child is in another planned, permanent living arrangement and the department has recommended the arrangement under AS 47.14.100(p); the findings under this subsection must include the steps that are necessary to achieve the new arrangement; and(5) in the case of a child who has attained age 16, the services needed to assist the child to make the transition from foster care to independent living or adult protective services. If the court is unable to make a finding required under this subsection, the court shall schedule and hold another permanency hearing within a reasonable period of time as defined in AS 47.10.990(23).
(f)Additional Findings. In addition to the findings required under subsection (e), the court shall also make written findings related to (1) whether the Department has made reasonable efforts required under AS 47.10.086 or, in the case of an Indian child, whether the Department has made active efforts to provide remedial services and rehabilitative programs as required by 25 U.S.C. Sec. 1912(d); (2) whether the parent or guardian has made substantial progress to remedy the parent's or guardian's conduct or conditions in the home that made the child a child in need of aid; (3) if the permanency plan is for the child to remain in out-of-home care, whether the child's out-of-home placement continues to be appropriate and in the best interests of the child; and (4) whether the Department has made reasonable efforts to finalize the permanency plan that is in effect (whether the plan is reunification, adoption, legal guardianship, placement with a fit and willing relative, or placement in another planned permanent living arrangement). (g)Implementation. The court may make appropriate orders to ensure timely implementation of the permanency plan. (h)Change in Permanency Plan. If the permanency plan established by the court changes after the permanency hearing, the Department shall promptly apply to the court for another permanency hearing, and the court shall conduct the hearing within 30 days after application by the Department. (i)Subsequent Review. The court shall hold a hearing to review the permanency plan at least annually until successful implementation of the plan. Alaska R. P. Ch. Need 17.2
SCO 1355 effective 7/15/1999; by SCO 1580 effective nunc pro tunc to7/1/2005; by SCO 1491 effective 10/15/2006; and by SCO 1792 effective nunc pro tunc9/9/2012; amended by SCO 1792 effective nunc pro tunc9/9/2012; amended by SCO 1891 effective 10/24/2016; amended by SCO 1987 effective nunc pro tunc 7/1/2022; amended by SCO 1978 effective 10/17/2022. Chapter 64, section 53, SLA 2005 (HB 53) amended Child in Need of Aid Rule 17.2 as reflected in section 3 of this Order. The change to CINA Rule 17.2 is adopted for the sole reason that the legislature has mandated the amendment. In addition, according to section 60(d) of the Act, AS 47.10.080(l), enacted in section 12, amends CINA Rule 17.2 by modifying the grounds for review of a permanent plan.
Note: Chapter 7, 4SSLA 2016 (HB 27) , the Child Protection and Opportunity Act, enacted a number of changes relating to the placement of a child in need of aid. According to section 15 of the Act, AS 47.10.080(l), as amended by section 4, has the effect of amending CINA Rule 17.2, relating to permanency hearings, effective October 24, 2016, by adding a requirement for the court to make findings relating to the permanent placement of a child in need of aid and to the efforts of the Department of Health and Social Services to find a permanent placement for a child. (In 2022, Executive Order 2022-121 reorganized the Department of Health and Social Services and divided it into two separate departments: the Department of Health and the Department of Family and Community Services.)