4. Status Hearing
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 least 10 days before
⧠ Family Plan of Service filed no later than 45th day after DFPS appointed TMC
⧠ Education decision-maker form filed
⧠ Medical consent form filed
⧠ Parent attorneys appointed
⧠ Dismissal date set
⧠ Child assessment by no later than 45th day after child entered TMC of DFPS
At Hearing:
Due Process and General Matters
⧠ Identify parties present and served
⧠ DFPS due diligence to locate parties
⧠ DFPS notice to relatives
⧠ Need for language interpretation
⧠ Inform parents of right to attorney
⧠ If AAL hasn’t seen client, form filed
⧠ Child Placement Resources Form filed
⧠ Paternity issues/Paternity Registry
⧠ Home studies initiated
⧠ Review current and alternative placements
⧠ Review conservatorship and substitute care of the child
⧠ 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 reasonably 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 reasonably 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 at Status Hearing:
⧠ 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