Rule 23 - Permanency Hearings(a) Scheduling a Permanency Planning Hearing. At the preliminary hearing, the court shall schedule a permanency planning hearing for children in state care, to occur within twelve (12) months of a child's entry into care.(b) Responsibilities of the Department of Children, Youth, and Families. At every regularly scheduled permanency hearing of any child in the care or custody of the Department of Children, Youth, and Families pursuant to a dependency, neglect, abuse, and/or termination of parental rights petition, the Department of Children, Youth, and Families shall present a letter detailing the progress towards permanency and a written reunification and/or permanency plan to the court for approval. All parties, including self-represented litigants, shall be allowed to review the permanency hearing court letter prior to the hearing. (1)Permanency Plan. The plan shall include whether, and if applicable when, the child will be returned to the parent, placed for adoption, referred for legal guardianship, placed with a fit and willing relative or kinship, or placed in another planned permanent living arrangement. The plan shall clearly set forth the services to be provided to the parents and the goals and obligations of the Department of Children, Youth, and Families, parent, child, and all other parties. The plan may be approved, rejected, or modified by the court.(2)Court Letter. The Department of Children, Youth, and Families shall electronically file, at least forty-eight (48) hours prior to the permanency hearing, a letter that addresses the appropriateness of the plan of the Department of Children, Youth, and Families for services, whether the plan is for the child to be returned home to either parent or both, to remain in the care of the Department of Children, Youth, and Families, to be placed for adoption following a termination of parental rights, to be referred for legal guardianship, or to be placed in another planned permanent living arrangement. The permanency court letter shall address the child's legal and educational status, the safety of the current placement, and the plan's success in meeting the child's social, emotional, and physical needs. The permanency court letter shall also contain a report on the child's visitation with parents and siblings, the progress towards reunification or adoption, depending on the case plan goal, and any future evaluations and services recommended to accomplish the child's permanency goal. Any relevant reports from agencies or professionals providing direct services to the child or the family shall be attached to the permanency court letter.(3)Youths. For each youth age fourteen (14) and over, the court shall inquire regarding the youth's input into the permanency plan. For youths age sixteen (16) and older whose permanency goal is Another Planned Permanency Living Arrangement, the court shall require that the youth be present at the permanency hearing, if possible, and the court shall inquire as to the youth's input into the plan, whether the youth is getting reasonable and prudent parenting in foster placement, and whether the youth still desires Another Planned Permanency Living Arrangement rather than reunification.(c)Findings by the Court. At the conclusion of the hearing and after all parties have had an opportunity to be heard, the court shall make findings regarding the safety and the best interests of the child, the appropriateness of the proposed case plan, any progress towards the plan's goals, the length of time the child has been placed out of the home, and the reasonableness of the efforts of the Department of Children, Youth, and Families toward either reunification or toward effectuating permanency. The court shall then enter an order of permanency and direct: (1) That the child remain at home or be returned to and safely be maintained in the home of the parent, guardian, or relative;(2) That the child's placement in foster care shall continue or that the child shall be placed in a residential facility;(3) That reunification efforts shall be continued or shall not be required; or(4) That a termination of parental rights petition shall be filed within such time as the court shall order or shall not be filed.Adopted March 1, 2019, effective 7/1/2019; amended April 30, 2019, effective 11/4/2019; amended November 5, 2019, effective 1/6/2020.