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