There is a newer version
of
this Section
2017 Arkansas Code
Title 9 - Family Law
Subtitle 3 - Minors
Chapter 27 - Juvenile Courts and Proceedings
Subchapter 3 - Arkansas Juvenile Code
§ 9-27-338. Permanency planning hearing
Universal Citation: AR Code § 9-27-338 (2017)
- (a) (1) A permanency planning hearing shall be held to finalize a permanency plan for the juvenile:
- (A) No later than twelve (12) months after the date the juvenile enters an out-of-home placement;
- (B) After a juvenile has been in an out-of-home placement for fifteen (15) of the previous twenty-two (22) months, excluding trial placements and time on runaway status; or
- (C) No later than thirty (30) days after a hearing granting no reunification services.
- (2) If a juvenile remains in an out-of-home placement after the initial permanency planning hearing, a permanency planning hearing shall be held annually to reassess the permanency plan selected for the juvenile.
- (b) (1) This section does not prevent the Department of Human Services or the attorney ad litem from filing at any time prior to the permanency planning hearing a:
- (A) Petition to terminate parental rights;
- (B) Petition for guardianship; or
- (C) Petition for permanent custody.
- (2) A permanency planning hearing is not required prior to any of these actions.
- (c) At the permanency planning hearing, based upon the facts of the case, the circuit court shall enter one (1) of the following permanency goals, listed in order of preference, in accordance with the best interest, health, and safety of the juvenile:
- (1) Placing custody of the juvenile with a fit parent at the permanency planning hearing;
- (2) Returning the juvenile to the guardian or custodian from whom the juvenile was initially removed at the permanency planning hearing;
- (3) Authorizing a plan to place custody of the juvenile with a parent, guardian, or custodian only if the court finds that:
- (A) (i) (a) The parent, guardian, or custodian is complying with the established case plan and orders of the court, making significant and measurable progress toward achieving the goals established in the case plan and diligently working toward reunification or placement in the home of the parent, guardian, or custodian.
- (b) The court shall consider all relevant factors that may include without limitation whether the parent, guardian, or custodian maintained consistent contact with the department, participated in the case plan, followed the orders of the court, and visited the juvenile for a substantial period of time before the permanency planning hearing.
- (c) A parent's, guardian's, or custodian's resumption of contact or overtures toward participating in the case plan or following the orders of the court in the time period immediately preceding the permanency planning hearing are insufficient grounds for authorizing a plan for the juvenile to return to or to be placed in the home as the permanency plan.
- (d) The burden is on the parent, guardian, or custodian to demonstrate genuine, sustainable investment in completing the requirements of the case plan and following the orders of the court in order to authorize a plan to return or be placed in the home as the permanency goal;
- (B) The parent, guardian, or custodian is making significant and measurable progress toward remedying the conditions that:
- (i) Caused the juvenile's removal and the juvenile's continued removal from the home; or
- (ii) Prohibit placement of the juvenile in the home of a parent; and
- (C) Placement of the juvenile in the home of the parent, guardian, or custodian shall occur within a time frame consistent with the juvenile's developmental needs but no later than three (3) months from the date of the permanency planning hearing;
- (A) (i) (a) The parent, guardian, or custodian is complying with the established case plan and orders of the court, making significant and measurable progress toward achieving the goals established in the case plan and diligently working toward reunification or placement in the home of the parent, guardian, or custodian.
- (4) Authorizing a plan for adoption with the department's filing a petition for termination of parental rights unless:
- (A) The juvenile is being cared for by a relative and the court finds that:
- (i) Either:
- (a) The relative has made a long-term commitment to the child and the relative is willing to pursue guardianship or permanent custody; or
- (b) The juvenile is being cared for by his or her minor parent who is in foster care; and
- (ii) Termination of parental rights is not in the best interest of the juvenile;
- (i) Either:
- (B) The department has documented in the case plan a compelling reason why filing such a petition is not in the best interest of the juvenile and the court approves the compelling reason as documented in the case plan; or
- (C)
- (i) The department has not provided to the family of the juvenile, consistent with the time period in the case plan, such services as the department deemed necessary for the safe return of the juvenile to the juvenile's home if reunification services were required to be made to the family.
- (ii) If the department has failed to provide services as outlined in the case plan, the court shall schedule another permanency planning hearing for no later than six (6) months;
- (A) The juvenile is being cared for by a relative and the court finds that:
- (5) Authorizing a plan to obtain a guardian for the juvenile;
- (6) Authorizing a plan to obtain a permanent custodian, including permanent custody with a fit and willing relative; or
- (7)
- (A) Authorizing a plan for another planned permanent living arrangement that includes a permanent planned living arrangement and addresses the quality of services, including, but not limited to, independent living services and a plan for the supervision and nurturing the juvenile will receive.
- (B) Another planned permanent living arrangement shall be selected only if:
- (i) The department has documented to the circuit court a compelling reason for determining that it would not be in the best interest of the child to follow one (1) of the permanency plans identified in subdivisions (c)(1)-(6) of this section and this subdivision (c)(7);
- (ii) The child is sixteen (16) years of age or older; and
- (iii) The court makes a judicial determination explaining why, as of the date of the hearing, another planned permanent living arrangement is the best permanency plan for the juvenile and the court finds compelling reasons why it continues to not be in the best interest of the juvenile to:
- (a) Return home;
- (b) Be placed for adoption;
- (c) Be placed with a legal guardian; or
- (d) Be placed with a fit and willing relative.
- (d) At the permanency planning hearing on a juvenile sixteen (16) years of age or older, the court shall ask the juvenile his or her desired permanency outcome, or the attorney ad litem shall enter evidence concerning the child's wishes.
- (e) At every permanency planning hearing the court shall make a finding on whether the department has made reasonable efforts and shall describe the efforts to finalize a permanency plan for the juvenile.
- (f) A written order shall be filed by the court or by a party or 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.
- (g) If the court determines that the permanency goal is adoption, the department shall file the petition to terminate parental rights within thirty (30) days from the date of the permanency planning hearing that establishes adoption as the permanency goal.
- (h)
- (1) The court shall determine if establishing concurrent permanency planning goals is appropriate.
- (2) If the court determines that establishing concurrent permanency planning goals is appropriate, the court shall establish all appropriate permanency planning goals subject to the requirements of this section.
- (3) If the court sets a goal of adoption, reunification services shall continue to be provided unless the court:
- (A) Determines that the reunification services are no longer needed;
- (B) Terminates parental rights; or
- (C) Otherwise finalizes a permanency plan for the juvenile.
Disclaimer: These codes may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
