2010 Arkansas Code
Title 9 - Family Law
Subtitle 3 - Minors
Chapter 27 - Juvenile Courts And Proceedings
Subchapter 3 - Arkansas Juvenile Code
§ 9-27-337 - Six-month reviews required.

9-27-337. Six-month reviews required.

(a) (1) The court shall review every case of dependency-neglect or families in need of services when:

(A) A juvenile is placed by the court in the custody of the Department of Human Services or in another out-of-home placement until there is a permanent order of custody, guardianship, or other permanent placement for the juvenile; or

(B) A juvenile is returned to the parent, guardian, or custodian and the court has not discontinued orders for family services.

(2) (A) The first six-month review shall be held no later than six (6) months from the date of the original out-of-home placement of the child.

(B) It shall be reviewed every six (6) months thereafter until permanency is achieved.

(b) (1) The court may require these cases to be reviewed prior to the sixth month.

(2) (A) If a court requires a case to be reviewed prior to the sixth month, the court shall announce the date, time, and place of hearing.

(B) In all other cases, it shall be the duty of the petitioner at least sixty (60) days prior to date the date of the required six-month review to request that the court:

(i) Set the review hearing;

(ii) Provide reasonable notices; and

(iii) Serve notice on all parties in accordance with the Arkansas Rules of Civil Procedure.

(c) At any time during the pendency of any case of dependency-neglect or families in need of services in which an out-of-home placement has occurred, any party may request the court to review the case.

(d) At any time during the course of a case, the department, the attorney ad litem, or the court can request a hearing on whether or not reunification services should be terminated pursuant to 9-27-327(a)(2).

(e) (1) (A) In each case in which a juvenile has been placed in an out-of-home placement, the court shall conduct a hearing to review the case sufficiently to determine the future status of the juvenile based upon the best interest of the juvenile.

(B) (i) The court shall determine and shall include in its orders the following:

(a) Whether the case plan, services, and placement meet the special needs and best interest of the juvenile, with the juvenile's health, safety, and educational needs specifically addressed;

(b) Whether the state has made reasonable efforts to provide family services;

(c) Whether the case plan is moving towards an appropriate permanency plan pursuant to 9-27-338 for the juvenile; and

(d) Whether the visitation plan is appropriate for the juvenile, the parent or parents, and any siblings, if separated.

(ii) (a) The court may order any studies, evaluations, or post-disposition reports, if needed.

(b) All studies, evaluations, or post-disposition reports shall be provided in writing to all parties and counsel at least two (2) days prior to the review hearing.

(c) All parties shall be given a fair opportunity to controvert any part of a study, evaluation, or post-disposition report.

(C) In making its findings, the court shall consider the following:

(i) The extent of compliance with the case plan, including, but not limited to, a review of the department's care for the health, safety, and education of the juvenile while he or she has been in an out-of-home placement;

(ii) The extent of progress that has been made toward alleviating or mitigating the causes of the out-of-home placement;

(iii) Whether the juvenile should be returned to his or her parent or parents and whether or not the juvenile's health and safety can be protected by his or her parent or parents if returned home; and

(iv) An appropriate permanency plan pursuant to 9-27-338 for the juvenile, including concurrent planning.

(2) Each six-month review hearing shall be completed and a written order shall be filed by the court or by a party or a party's attorney as designated by the court and distributed to the parties within thirty (30) days of the date of the hearing or prior to the next hearing, whichever is sooner.