7. Permanency Hearing After Final Order Checklist
15 minutes; up to 25 suggested best practice Prior to Permanency Hearing (PH): ⧠ If parental rights terminated, first PH within 90 days of final order ⧠ If parent rights not terminated, first PH within 180 days of final order ⧠ 10 days' notice of hearing ⧠ DFPS Permanency Progress Report filed 10 days before hearing; includes • Summary of Medical Care ⧠ The court file includes: • Notification of Medical Consenter Form 2085-B • Education Decision-Maker Form 2085-E At Hearing: ⧠ Identify those present ⧠ Child in attendance ⧠ Review DFPS efforts to notify of hearing ⧠ If AAL has not seen client, form filed ⧠ Review Permanency Progress Report: • Child's safety and well-being • Child's needs (medical/special) • Child's placement, noting evidence as to whether DFPS can place child with relative • If in institutional care, efforts to ensure least restrictive environment • Primary/alternative permanency goals • DFPS reasonable efforts to finalize the permanency plan: ◦ due diligence to place for adoption if rights terminated and child eligible; or ◦ APPLA, including appointing relative as PMC or returning the child to parent, if appropriate for child • For child with APPLA goal: ◦ desired permanency outcome; and ◦ whether APPLA best permanency plan; if so, compelling reasons why not in child's best interest to: ▪ return home, ▪ be placed for adoption, ▪ be placed with legal guardian, or ▪ be placed with fit and willing relative ◦ whether DFPS has conducted an Independent Living Skills (ILS) assessment for all youth 16 and older in TMC or PMC ◦ whether DFPS has conducted an ILS for all youth 14 and older in PMC ◦ whether DFPS has addressed the goals identified in the youth's permanency plan ◦ For youth 16 years of age or older, whether DFPS has provided documents required by Section 264.121(e) ◦ For youth 18 years or older, or has had disabilities of minority removed, whether DFPS has provided youth with documents and information listed in Section 264.121(e-1) • If 14 or older, services to assist in transitioning from care to independent living in community • Receiving appropriate medical care and provided opportunity to express opinion on medical care • If receiving psychotropic medication: ◦ Provided appropriate non-pharmacological interventions, therapies, or strategies to meet needs; or ◦ seen by prescribing physician, physician assistant, or advanced practice nurse at least once every 90 days • Education Decision-Maker and education needs and goals identified, major changes in school performance or serious disciplinary events • For child in PMC without termination, whether DFPS to provide services to parent for up to 6 months after PH if: ◦ child not placed with relative or other individual, including foster parent, seeking PMC; and ◦ court determines further efforts at reunification with parent: ▪ in best interest of child; and ▪ likely to result in child's safe return to parent • DFPS identified family or other caring adult with permanent commitment to child • Child provided opportunity to provide information about possible relative or other caregiver • If child with relative, inform about Permanency Care Assistance ⧠ Review DFPS efforts to ensure the child has regular, ongoing opportunities to engage in age-appropriate normalcy activities, including activities not listed in the child's service plan. ⧠ Address citizenship issues, consulate notified, SIJS ⧠ Ensure those present given opportunity to be heard and if caregiver is present, must be allowed to provide information ⧠ Confer with child about permanency plan ⧠ Regular, ongoing opportunities to engage in age-appropriate normalcy activities At End of Hearing: ⧠ Issue court order ⧠ Set next PH within 180 days Best Practices: ⧠ If inadequate notice, consider resetting hearing to secure attendance ⧠ Engage parties with direct questions ⧠ Engage youth ⧠ Ask DFPS direct, child-specific questions about both primary and concurrent goal ⧠ Next PH by 90 or 120 instead of 180 days ⧠ For youth who will turn 18 while in care: • Discuss extended foster care and trial independence • Ensure referrals to Texas Workforce Commission • Ensure delivery of documents before leave care ⧠ Youth advised of eligibility for Family Group Decision Making or Circles of Support to discuss future plans ⧠ Youth enrolled in PAL or provided transitional services after 14th birthday ⧠ Ask the following questions: • What is preventing this child from achieving positive permanency? • How is my decision specific to this child and this family? • Are there cultural issues we need to understand? Well-being issues at Permanency Hearing: Medical Care and Mental Health: ⧠ Summary of medical care: • Nature of emergency medical care • All medical and mental health treatment receiving and progress • Any medication prescribed/progress • Caregiver compliance with treatment plan • Adverse reaction or side effects • Diagnosis or diagnostic tests • Activity to avoid that affect effectiveness of treatment • Other info required Education and Educational Decisions: ⧠ Enrolled in school/in appropriate grade ⧠ Remains in current school, if placement change ⧠ If placement change, determine: • Where child wants to attend school • Whether transportation available • Whether change coordinated with grading and testing periods • Whether records/credits transferred ⧠ If 0-3, child assessed for developmental milestones through ECI ⧠ If 0-5, child enrolled in Early Head Start, Head Start, or Pre-Kindergarten ⧠ Educational Decision-Maker Form 2085-E on file ⧠ School supports and disciplinary issues ⧠ Extracurricular activities/normalcy ⧠ Evaluated/receiving special ed services ⧠ If 14 or older, postsecondary education plan |