2010 Idaho Code
TITLE 16 JUVENILE PROCEEDINGS
CHAPTER 16 CHILD PROTECTIVE ACT
16-1622 REVIEW AND PERMANENCY HEARINGS.

TITLE 16

JUVENILE PROCEEDINGS

CHAPTER 16

CHILD PROTECTIVE ACT

16-1622. Review and permanency hearings. (1) A motion for revocation or modification of an order issued under section 16-1619, Idaho Code, may be filed by the department or any party; provided that no motion may be filed by the respondents under this section within three (3) months of a prior hearing on care and placement of the child. All persons required to be summoned or notified of the original petition pursuant to section 16-1611, Idaho Code, shall be served with notice of a motion for review of a child’s case.

(2) If the motion filed under subsection (1) of this section alleges that the child’s best interests are no longer served by carrying out the order issued under section 16-1619, Idaho Code, or the department or other authorized agency has failed to provide adequate care for the child, the court shall hold a hearing on the motion.

(3) A hearing for review of the child’s case and permanency plan shall be held no later than six (6) months after entry of the court’s order taking jurisdiction under the act, and every six (6) months thereafter, so long as the child is in the custody of the department or authorized agency.

(4) A hearing shall be held to review the permanency plan of the department prior to twelve (12) months from the date the child is removed from the home or the date of the court’s order taking jurisdiction under this chapter, whichever occurs first. The court shall review, approve, reject or modify the permanency plan of the department and review progress in accomplishing the permanency plan. This permanency hearing may be combined with the review hearing required under subsection (3) of this section.

(5) The court shall make written case-specific findings whether the department made reasonable efforts to finalize a permanency plan for the child.

(6) The department or authorized agency may move the court at any time to vacate any order placing a child in its custody or under its protective supervision.

(7) The department or any party may move the court requesting relief from the duty imposed on the department pursuant to the provisions of section 16-1629(9), Idaho Code, that it seek termination of parental rights. The court may grant the department’s motion if it appears based on compelling reasons in the record that the presumption has been rebutted.