DMR.1.5.080 Permanency Planning

(a) The Child Welfare Director or the Assistant Child Welfare Director shall prepare a court report pursuant to Section DMR.1.5.060(b) of this ordinance including the permanency planning requirements specified in Section DMR.1.5.080(b) below, in every case where an out-of-home placement is ordered.

(b) The permanency planning requirements of the court report prepared pursuant to Section DMR.1.5.060(b) of this ordinance shall describe the following:

(1) The services offered to prevent out of home placement and to facilitate the child's return to home.

(2) The basis for the decision to hold the child in custody or to place out of home.

(3) The current and future planned location and types of placement for the child.

(4) If the child is placed more than 60 miles from the child's home, include a statement that a closer placement is either unavailable or inappropriate.

(5) The appropriateness of the services provided to meet the needs of the child and the family, including a discussion of services that have been considered but are not available, or not likely to become available, or are not being offered and why.

(6) The services that will be offered to carry out the dispositional order; to insure proper care and treatment of the child and to promote stability in the placement; to meet the child's physical, social, emotional, educational, and vocational needs; and to facilitate return of the child to home or to obtain an alternative permanent placement.

(7) The conditions, if any, upon which the child will be returned to home, including any changes required in the conduct of the parents or guardians, the conduct of the child, or the nature of the home.

(c) The Children's Court shall review the permanency planning requirements of the court report prepared pursuant to Section DMR.1.5.060(b) of this ordinance with a goal of every three months but at least every six months from the first date on which the child was held in physical custody or was placed outside the home. No less than ten (10) days before the review, the Clerk of Court shall notify in writing the parents or guardians, the child if over twelve (12) years of age, the foster parents, the Child Welfare Director or the Assistant Child Welfare Director, the tribal attorney, and the guardian ad litem of the date, time, and place of the review, of the issues to be determined in the review, and that they may submit written comments no less than five (5) days before the review. Upon receipt, the Clerk of Court shall submit any comments submitted pursuant to this paragraph to the Child Welfare Director or the Assistant Child Welfare Director, the Tribe's attorney and any guardian ad litem.

(d) Within fifteen (15) days of the review of the permanency planning requirements, the Child Welfare Director or the Assistant Child Welfare Director shall prepare a written report of the determinations made under Section DMR.1.5.080(e) below, and shall provide a copy to the Clerk of Court.

(e) At the review of the permanency planning requirements the Children's Court shall determine the following:

(1) The continuing necessity for and appropriateness of the placement.

(2) The extent of compliance with the plan by the Child Welfare Director or the Assistant Child Welfare Director, other service providers, the child's parents or guardians, and the child.

(3) The extent of efforts to involve other service providers to meet any special needs of the child or family.

(4) The progress toward eliminating the causes for the out of home placement and toward returning the child home or to another permanent placement.

(5) The date by which it is likely the child will be returned home, placed for adoption, placed under legal guardianship, or otherwise permanently placed.

(6) Whether reasonable efforts have been made by the agency to make it possible to return the child home.

(7) If the child has been placed out of home for two years or more, the appropriateness of the permanency planning requirements of the court report prepared pursuant to Section DMR.1.5.060(b) of this ordinance and the circumstances which prevent the child from:

(A) Being returned home.

(B) Having a termination of parental rights petition filed.

(D) Being placed in sustaining care.

(f) Any party may move the Children's Court for any appropriate modifications in the dispositional order based on the permanency planning requirements of the court report prepared pursuant to Section DMR.1.5.060(b) of this ordinance.

(g) The permanency planning requirements of the court report prepared pursuant to Section DMR.1.5.060(b) of this ordinance and reviews shall comply with all applicable provisions of federal law and of any applicable 161 Agreement.

(h) In the case of a child who has been in foster care, which has been paid for from funds provide under a 161 Agreement, for 15 of the most recent 22 months, or, if a Court of competent jurisdiction has determined a child to be an abandoned infant (as defined under the Tribe's law) or has made a determination that the parent has committed murder of another child of the parent, committed voluntary manslaughter of another child of the parent, aided or abetted, attempted, conspired, or solicited to commit such a murder or such a voluntary manslaughter, or committed a felony assault that has resulted in serious bodily injury to the child or to another child of the parent, the Child Welfare Director or the Assistant Child Welfare Director shall file a petition to terminate the parental rights of the child's parents unless

(1) The child is being cared for by a relative;

(2) The Child Welfare Director or the Assistant Child Welfare Director has documented in the case plan (which shall be available for Children's Court review) a compelling reason for determining that filing such a petition would not be in the best interests of the child; or

(3) The Child Welfare Department or such other agency as is primarily responsible for providing services to the child and the family has not provided to the family of the child, consistent with the time period in the child's permanency plan, such services necessary for the safe return of the child to the child's home, if reasonable efforts are required by the court order or permanency planning requirements of the court report prepared pursuant to Section DMR.1.5.060(b) of this ordinance.