4. Status Hearing Checklist
15 minutes; up to 25 suggested best practice Prior to Hearing: ⧠ Hearing 60 days after DFPS appointed TMC, unless aggravated circumstances ⧠ Persons given 10 days' notice of hearing ⧠ Visitation Plan filed at least 10 days before ⧠ Family Plan of Service filed no later than 45th day after DFPS appointed TMC ⧠ Notice of Education Decision-Maker (Form 2085-E) filed ⧠ Designation of Medical Consenter (Form 2085-B) filed ⧠ If parent is unrepresented, inform of right to counsel, determine indigency, and appoint attorney if indigent and in opposition to suit ⧠ Dismissal date set ⧠ Child “3 in 30” exam trio performed no later than 30th day after child entered TMC of DFPS At Hearing: ⧠ Identify parties present and served ⧠ DFPS due diligence to locate parties ⧠ DFPS provided notice to relatives ⧠ Need for language interpretation ⧠ Inform parents of right to attorney ⧠ If AAL hasn't seen client, determine good cause ⧠ Child Placement Resources Form filed ⧠ Child provided opportunity to provide information about possible relative or other caregiver ⧠ If child with relative, inform about Permanency Care Assistance (PCA) ⧠ Paternity issues/Paternity Registry ⧠ Home studies initiated ⧠ Review current and alternative placements ⧠ Review conservatorship and substitute care of the child ⧠ Inquire about Indian/Native American Heritage ⧠ DFPS held or plans to hold Permanency Planning Meeting ⧠ Address citizenship issues, consulate notified ⧠ Review child's medical care Family Plan of Service (SP) ⧠ Determine if: • SP developed jointly with parents • Each term reviewed/discussed with parents; parents understand • Parents informed of rights with SP process • Noted if parent not able or willing to participate in development of SP • Plan has primary and concurrent goal • Plan is signed by parents and DFPS ⧠ Parent has opportunity to comment on SP ⧠ Court can modify SP at any time Visitation Plan (VP) ⧠ Review VP: • Age and safety of child at/during visitation • Desires of each parent regarding visitation • Location of each parent and child • Transportation to/from visits • DFPS/other resources available to support visitation ⧠ Court may modify VP at any time ⧠ If find visitation not in child's best interest, include in order reasons and specific steps parent must take to have visitation At the End of the Hearing: ⧠ Determine whether SP narrowly tailored for specific issues identified by DFPS ⧠ Determine whether any SP with goal of reunification adequately ensures that reasonable efforts made to enable parents to provide safe environment for child ⧠ Advise/warn parents & parties: • Custodial rights and duties subject to restriction or termination or child not returned unless parent demonstrates willingness and ability to provide child with safe environment • Progress under SP reviewed at all hearings, including review of newly acquired knowledge or skills ⧠ Incorporate SP into court order and render additional, appropriate orders to require compliance with or implement SP ⧠ ISSUE COURT ORDER: • Dismissal date • May transfer to court of continuing, exclusive jurisdiction, if CCEJ exists Best Practices: ⧠ Set first Permanency Hearing Before Final Order and announce in open court ⧠ Engage parties with direct questions • Do you understand the purpose of the Service Plan? ⧠ Ask direct and specific questions of the Department about reasonable efforts • What about this plan is narrowly tailored to address specific issues present in Ms. Smith's case? ⧠ Ask the following questions: • What is preventing this child from returning home today? • How is my decision specific to this child and this family? • Are there cultural issues we need to understand? Well-being Issues: ⧠ School stability, education goals, progress, and issues, and Education Decision-Maker ⧠ Medical Consenter may need to be identified or updated ⧠ Review psychiatric care, especially if child or youth prescribed psychotropic medication ⧠ Young adult presence at hearing or opinion about education or medical care |