As amended through January 31, 2024
Rule 42 - Findings at permanent placement review; order(a)Findings of fact and conclusions of law; time frame. Within ten (10) days of the conclusion of the permanent placement review conference, the court shall enter an order determining whether the Department has made reasonable efforts to finalize the permanency plan for the child. The court shall also find whether permanent placement has been fully achieved within the meaning of Rule 6 and stating findings of fact and conclusions of law to support its determination.(b)Dismissal.- If the court finds that permanent placement has been achieved, it may order the case dismissed from the docket.(c)Continuance.- If the court finds that permanent placement has not been achieved, the court's order shall address those subjects set forth in Rule 41 as appropriate and shall state: (1) Changes in the terms of the child's case plan it deems necessary to effect a permanent placement of the child, with supporting findings of fact;(2) Changes in the terms of visitation and other parental involvement, if any;(3) Changes in services to be provided the parties and the child, if any;(4) Changes to the education plan for the child to further the child's educational stability, if any;(5) Steps to be taken to assist a child aged 14 or older with the development of a transitional plan;(6) Restraining orders controlling the conduct of any party who is likely to frustrate the court's orders, if any;(7) Additional actions to be taken by the parties to achieve permanent placement; and(8) A date and time for the next placement review conference.(9) Findings when the permanency plane is another planned permanent living arrangement (APPLA). After asking the child for his or her desired permanency outcome, the court shall find whether APPLA is the best permanency plan for the child; review Department efforts to place the child permanently with a parent, relative, or in guardianship or adoptive placement; and find compelling reasons why it is not in the child's best interest to be placed permanently with a parent, relative, or in a guardianship or adoptive placement.W. Va. R. Proc. Child & Neg. Proceed. 42