15-11-218. Content of orders following periodic review hearings or reports by judicial citizen review panels.

At the conclusion of a periodic review hearing, or upon review of a report by a judicial citizen review panel, the court shall issue written findings of fact that include:#

1. (1)

   Why a child adjudicated as a dependent child continues to be a dependent child;#

2. (2)

   Whether the existing case plan is still the best case plan for a child adjudicated as a dependent child and his or her family and whether any changes need to be made to the case plan including whether a concurrent case plan for nonreunification is appropriate;#

3. (3)

   The extent of compliance with the case plan by all participants;#

4. (3.1)

   Whether the parent has made substantial progress toward completion of the case plan;#

5. (4)

   The basis for any changes to the placement of a child adjudicated as a dependent child;#

6. (5)

   Whether visitation is or continues to be appropriate;#

7. (6)

   A description of progress being made on the permanency plan;#

8. (7)

   Whether all legally required services are being provided to a child adjudicated as a dependent child, his or her foster parents if there are foster parents, and his or her parent, guardian, or legal custodian;#

9. (8)

   Whether, for a child adjudicated as a dependent child who is 14 years of age or older, the services needed to assist such child to make a transition from foster care to independent living are being provided; and#

10. (9)

    Whether reasonable efforts continue to be made to prevent or eliminate the necessity of the removal of a child adjudicated as a dependent child and to reunify his or her family after removal, unless reasonable efforts were not required.#

At the conclusion of a periodic review hearing, or upon review of a report by a judicial citizen review panel, the court shall order one of the following dispositions:#

1. (1)

   Return a child adjudicated as a dependent child to his or her parent, guardian, or legal custodian’s home with or without court imposed conditions;#

2. (2)

   Allow a child adjudicated as a dependent child to continue in the current custodial placement because the current placement is appropriate for such child’s needs;#

3. (3)

   Allow a child adjudicated as a dependent child to continue in the current custodial placement although the current placement is no longer appropriate for such child’s needs and direct DFCS to devise another plan which shall:#

   1. (A)

      Be submitted within ten days for court approval;#

   2. (B)

      Be furnished to all parties after court approval of the revised plan; and#

   3. (C)

      Be provided to the caregiver of a child adjudicated as a dependent child, his or her foster parents if there are foster parents, and any preadoptive parents or relative providing care for such child with a copy of those portions of the court approved revised plan that involve the permanency goal and the services to be provided to such child; or#

4. (4)

   Make additional orders regarding the treatment plan or placement of a child adjudicated as a dependent child to protect such child’s best interests if the court determines DFCS has failed in implementing any material provision of the case plan or abused its discretion in the placement or proposed placement of such child.#