15-11-230. Permanency plan hearing; consideration of hearsay evidence.

The court shall hold a permanency plan hearing to determine the future permanent legal status of each child in DFCS custody.#

A permanency plan hearing, which considers in-state and out-of-state placement options for a child adjudicated as a dependent child, shall be held:#

1. (1)

   No later than 30 days after DFCS has submitted a written report to the court which does not contain a plan for reunification services;#

2. (2)

   For children under seven years of age at the time a petition is filed, no later than nine months after such child has entered foster care;#

3. (3)

   For children seven years of age and older at the time a petition is filed, no later than 12 months after such child has entered foster care; or#

4. (4)

   For a child in a sibling group whose members were removed from the home at the same time and in which one member of the sibling group was under seven years of age at the time a petition for dependency was filed, the permanency plan hearing shall be held no later than nine months after such child has entered foster care.#

After the initial permanency plan hearing has occurred, a permanency plan hearing shall be held not less frequently than every six months during the time a child adjudicated as a dependent child continues in DFCS custody or more frequently as deemed necessary by the court until the court determines that such child’s permanency plan and goal have been achieved.#

A child adjudicated as a dependent child, his or her parent, guardian, or legal custodian, attorney, guardian ad litem, if any, foster parents if there are foster parents, any preadoptive parent or relatives providing care for such child, and other parties shall be given written notice of a permanency plan hearing at least five days in advance of such hearing and shall be advised that the permanency plan recommended by DFCS will be submitted to the court for consideration as the order of the court.#

The court shall consult with the child adjudicated as a dependent child, in an age-appropriate manner, regarding the proposed permanency plan for such child.#

The court may consider any evidence, including hearsay evidence, that the court finds to be relevant, reliable, and necessary to determine the needs of a child adjudicated as a dependent child and the most appropriate permanency plan.#