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Review Hearing Order Form. This is a Idaho form and can be use in District Court Statewide.
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Review Hearing Order1
IN THE DISTRICT COURT OF THE ^^^^^ JUDICIAL DISTRICT OF
THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ^^^^^
IN THE MATTER OF:
[A Child][Children] Under Eighteen
Years of Age.
)
)
)
)
)
)
)
)
Case No. ^^^^^
REVIEW HEARING ORDER2
This case came before the court on _____________________________ for a
review hearing pursuant to the Child Protective Act, Idaho Code Title 16, chapter 16.
The court makes the following findings of fact, conclusions of law, and order, based on
the record at the hearing.
1.3
a.
The following parties were present for the hearing, represented by
the following counsel: ___________________________________________________
_____________________________________________________________________.
b.
The following parties were not present for the hearing: _________
_____________________________________________________________________.
c.
The file shows that notice was given to ______________________
[the absent party] in the following manner: ___________________________________.
[OPT]
d.
The following parents and/or legal guardian of the child have not
appeared, the court file does not show that service of process has been completed, and
further steps to identify, locate, and serve these persons are necessary: _______
_______________________________________________________________________.
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e.4
[OPT]
The child is not an Indian child [children are not Indian children]
within the meaning of the Indian Child Welfare Act, 25 U.S.C. §§ 1901 - 1963.
[ALT]
e.
The child is an Indian child [children are Indian children] within
the meaning of the Indian Child Welfare Act, 25 U.S.C. §§ 1901 - 1963. The child is a
member [children are members] of, or is [are] eligible for membership in the __________
Tribe. [The court file contains proof that notice has been given to the Indian custodian,
Indian Tribe, or Secretary of the Interior, as required by the act.] [The court file does not
contain proof that notice has been given in accordance with the Indian Child Welfare Act;
further steps are necessary to serve process in accordance with the act and to document
completion of service in the court’s file.]
[ALT]
e.
At the present time, it cannot be determined whether the child is an
Indian child [children are Indian children] within the meaning of the Indian Child
Welfare Act, 25 U.S.C. §§ 1901- 1963. Further steps are necessary to determine whether
the child is an Indian child [children are Indian children].
2.5
It is in the best interest of the child [children] to remain in the custody of
the Idaho Department of Health and Welfare, which is the previously-ordered placement.
[ALT] 2.
It is in the best interest of the child [children] to remain at home under the
protective supervision of the Idaho Department of Health and Welfare, which is the
previously-ordered placement. [To ensure the safety and welfare of the child/children,
the child/children shall remain at home subject to the following conditions: ___________
______________________________________________________________________.]
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[ALT] 2.
It is in the best interest of the child [children] to modify the child’s
[children’s] placement. The safety and welfare of the child [children] can be adequately
safeguarded by placing the child [children] under the supervision of the Idaho
Department of Health and Welfare in the child’s [children’s] own home. [To ensure the
safety and welfare of the child/children, the child/children are placed at home subject to
the following conditions: __________________________________________________
______________________________________________________________________.]
[ALT] 2.
It is in the best interest of the child [children] to modify the child’s
[children’s] placement.
a.
It is contrary to the welfare of the child [children] to remain in the
home. It is in the best interest of the child [children] to vest legal custody of the child
[children] in the Idaho Department of Health and Welfare. IDHW has made reasonable
efforts to prevent or eliminate the need to remove the child [children] from the home.
However these efforts have been unsuccessful.
b.
[The court makes this finding based on the information set forth in
_________________, prepared by ____________________, and dated ____________,
which is incorporated by reference in this order.] [Specifically, the court finds and
concludes as follows: ___________________________________________________.]
c.
The Idaho Department of Health and Welfare made reasonable
efforts to prevent or eliminate the need for placement of the child [children] in foster
care.
d.
[The court makes this finding based on the information set forth in
____________________ , prepared by ______________, and dated ______________,
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which is incorporated by reference in this order.][Specifically, the court finds and
concludes as follows:_____________________________________________________.]
[OPT] 3.
The case plan [permanency plan] is modified as follows: ______________
_____________________________________________________________________.]
4.6
This order is entered consistent with the stipulation of the parties. The
court finds that all parties entered into the agreement knowingly and voluntarily, and that
the stipulation has a reasonable basis in fact.
[ALT] 4.
This order is based upon the information set forth in _________________,
prepared by ____________________, and dated ____________, which is incorporated
by reference in this order.
[ALT] 4.
This order is based on the following findings and conclusions of the
court:__________________________________________________________________.
[OPT] 5.7
a.
IDHW and all parties will comply with [the plan] [the plan as
modified by this order.] The plan [as modifid] is incorporated by reference in this order.
Failure to comply with the plan [as modified] may result in a finding of contempt, which
is punishable by up to five days in jail and a fine of up to $5000.00. The parent’s
[parents’] failure to comply with the plan could result in the filing of a petition to
terminate parental rights.
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6.8
A review hearing is scheduled for [date, time, and location.] At the review
hearing, the court will review the parties’ progress on the plan, and determine whether
any modifications need to be made to the plan. IDHW and the GAL will prepare written
reports as to the parties’ progress on the plan, including any suggested modifications to
the plan. The petitioner and the GAL will file the report with the court and serve copies
of the report on the parties at least five days prior to the review hearing.
[ALT] 6.9
a.
A permanency hearing is scheduled for [date, time, and location.]
At the permanency hearing, the court will determine the plan for the permanent
placement of the child.
b.
IDHW will prepare a written permanency plan. The petitioner will
file the plan with the court and serve copies of the plan on the parties at least five days
prior to the permanency hearing. The permanency plan will:
---
Identify the current foster care placement for the child [children],
including a statement of why that placement is the least disruptive
environment and most family-like setting that meets the needs of the child
[children].
---
Identify the services to be provided to the child [children] and the foster
family, including services to identify and meet any special medical,
educational, emotional, physical, or developmental needs the child
[children] may have, to assist the child [children] in adjusting to the
placement, or to ensure the stability of the placement.
---
Address all options for permanent placement of the child [children].
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---
Address the advantages and disadvantages of each option, in light of the
child’s [children’s] best interest.
---
Include recommendations as to which option is in the child’s [children’s]
best interest.
---
Specifically identify the actions necessary to implement the recommended
option and deadlines for those actions.
---
Address options for maintaining the child’s [children’s] connection to the
community, including individuals with a significant relationship to the
child [children] and organizations or community activities with which the
child has [children have] a significant connection.
---
Identify further investigation necessary to identify and/or assess other
options for permanent placement, to identify actions necessary to
implement the recommended placement, or to identify options for
maintaining the child’s [children’s] significant connections.
c.
The guardian ad litem will prepare a written report setting forth the
recommendations of the GAL and the basis for those recommendations. The GAL will
file the report with the court and serve copies of the report on the parties at least five days
prior to the permanency hearing.
[OPT] 7.
a.
The [^^^^^ County Deputy Prosecutor][Deputy Attorney General]
and/or the Idaho Department of Health and Welfare will take all reasonable steps to
identify, locate, and serve process upon the following persons:
_________________________________________. If service of process is completed,
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the petitioner will file proof of service of process with the court. If service of process is
not completed, the efforts to identify, locate, and serve these persons will be documented
in a written report to be filed with the court prior to the next scheduled hearing.
[Reasonable steps will include, but are not limited to, the following:
_______________________________________________________________________
______________________________________________________________________.]
b.
The petitioner and the Idaho Department of Health and Welfare
will take all reasonable steps to determine whether the [child is an Indian child] [children
are Indian children], within the meaning of the Indian Child Welfare Act. If it is
determined that the child is an Indian child [children are Indian children], the petitioner
will serve process in accordance with the Indian Child Welfare Act, and file proof of
service of process with the court. The steps to determine whether the [child is and Indian
child] [children are Indian children] will be documented in a written report to be filed
with the court prior to the next scheduled hearing. [Reasonable steps will include, but are
not limited to, the following:
_______________________________________________________________
______________________________________________________________________.]
[OPT] 8. 10
An extended home visit is approved for the [child][children][the following
child/children:____________________________________]. The extended home visit is
subject to the following conditions: __________________________________________
______________________________________________________________________.
9.11
[Other]
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DATED this _____ day of ____________________, 20___.
______________________________
Magistrate Judge
CERTIFICATE OF SERVICE
I certify that on the _____ day of _______________, 20_____, I served true and
accurate copies of the foregoing document on the following persons, either by deposit in
the U.S. Mail, addressed as follows and with the correct first-class postage affixed
thereto, or by deposit in the designated courthouse mailbox, or by fax to the number
indicated below, or by hand-delivery, as indicated below:
Name:
Served by:
[ ]
Hand-delivery
[ ]
Deposit in the designated courthouse mailbox
[ ]
By fax to: ____________________
[ ]
By deposit in the U.S. Mail addressed as follows:
Name:
Served by:
[ ]
Hand-delivery
[ ]
Deposit in the designated courthouse mailbox
[ ]
By fax to: ____________________
[ ]
By deposit in the U.S. Mail addressed as follows:
Name:
Served by:
[ ]
Hand-delivery
[ ]
Deposit in the designated courthouse mailbox
[ ]
By fax to: ____________________
[ ]
By deposit in the U.S. Mail addressed as follows:
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Name:
Served by:
[ ]
Hand-delivery
[ ]
Deposit in the designated courthouse mailbox
[ ]
By fax to: ____________________
[ ]
By deposit in the U.S. Mail addressed as follows:
____________________________
Deputy Clerk
Last updated January 20, 2007. Click http://www.isc.idaho.gov/childapx.htm for most current version.
1
Review hearings are governed by Idaho Code §16-1622 and IJR 45. They are discussed in the Idaho
Child Protection Manual in Chapter VIII. The key decisions the court should make at the review hearing
are discussed in the Manual in §VIII.A.5.
2
At the review hearing, the court should consider:
___
What efforts have been made to identify the child’s medical, educational, emotional,
physical, or developmental needs, and what efforts have been made to address those
needs.
___
Where reunification is a long-term goal, whether the parents have complied with the case
plan.
___
Where reunification is a long-term goal, whether the services set forth in the case plan or
the responsibilities of the parents or other participants need to be clarified or modified
due to new information or changed circumstances.
___
Where reunification is a long-term goal, whether the child’s placement (in IDHW
custody or at home under agency supervision) should be modified.
___
Where reunification is a long-term goal, whether the IDHW is making reasonable efforts
to rehabilitate the family and eliminate the need for placement of the child.
___
Whether reunification should continue to be a long-term goal for the child.
___
Whether the permanency plan needs to be modified as a result of new information or
changed circumstances.
___
Whether IDHW is making reasonable efforts to finalize a permanency plan for the child.
___
If legal custody is vested in IDHW, whether the child is in an appropriate foster care
placement which is the least disruptive environment and most family-like setting that
meets the needs of the child.
___
If legal custody of the child is vested in IDHW, what efforts have been made to assist the
child in adjusting to the placement and/or to ensure the stability of the placement.
___
If legal custody of the child is vested in IDHW, whether the terms of visitation need to be
set or modified (particularly sibling visitation, if siblings have been placed separately).
___
If legal custody is vested in IDHW, whether the terms of child support need to be set or
modified.
___
Whether any additional court orders need to be made to move the case towards successful
completion.
___
What time frame should be followed to achieve reunification or other permanent plan for
the child.
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3
If a parent, guardian, or other custodian fails to appear, the order should include findings that notice was
served on the person who failed to appear. If a parent (including a putative father), guardian, or other legal
custodian has not appeared and not been served, then the court should enter orders as necessary to ensure
that the missing parties are identified, located, and served as early as possible in the proceedings and that
the court file contains documentation of service of process. Paternity testing may be necessary to confirm
that a putative father is a child’s actual father. The importance of finding and including all parents whose
rights have not been terminated, particularly in achieving permanency for the child, is discussed in the
Idaho Child Protection Manual at §V.D.2.
4
The court should determine whether the child is an Indian child within the meaning of the Indian Child
Welfare Act as early as possible in the proceedings. The court should continue to address this issue at each
hearing until any issue as to the child’s status as an Indian child has been resolved, and, if it is determined
that the child is an Indian child, until the file contains documentation of notice in accordance with ICWA.
The importance of compliance with ICWA, particularly in achieving permanency for the child, is discussed
throughout the Idaho Child Protection Manual and specifically in Chapter XI of the Manual.
5
In most cases, the child will be placed in the custody of the agency at the adjudicatory hearing. Ideally, as
the parties progress, the degree of state intervention will be stepped down – from custody to protective
supervision, from supervision to closing the case.
The first alternative is for use where the child has been and will remain in the custody of the department.
The second alternative is for use where the child has been and will remain at home under the department’s
supervision, although space is provided in case the conditions on that placement need to be changed.
The third option is for use where the degree of intervention is stepping down, from state custody to
protective supervision. BUT NOTE: In many cases, it will be appropriate for the child to have an extended
home visit prior to “stepping down” to placement of the child at home under the supervision of the
department. In such cases, the court should enter an order approving an extended home visit pursuant to
IJR 42, and then modify disposition after a successful extended home visit.
The fourth option is for use where the degree of intervention needs to “step up” – where the child was
previously placed at home under the supervision of the department and the home situation has deteriorated
to the point that it is now in the child’s best interest to vest custody of the child in the department. If the
child has been at home under department supervision and the court orders that custody of the child be
vested in the department, then the court must make a written, case-specific finding that removal of the
child is in the child’s best interest and that it is contrary to the best interest of the child to remain in the
home. The court must also make a written, case-specific finding that the department made reasonable
efforts to prevent the need for removal of the child from the home. The reasonable efforts finding must
be made within 60 days after removal and should therefore be made at the review hearing. Failure to
make the findings in the required manner and at the required time will result in loss of the child’s
eligibility for federal IV-E funding, and the error cannot be corrected at a later date to restore the child’s
eligibility for funding. (If the court makes the case-specific finding orally on the record but fails to include
it in the written order, then a transcript of the proceedings will meet the requirement for a written finding,
although this is a costly substitute for a written finding.) The requirements for these case-specific findings
are discussed in detail in the Idaho Child Protection Manual, §§ V.H. (That chapter addresses the
adjudicatory hearing and the decree, but where the child has been at home under the supervision of the
department and the court then vests custody of the child in the department, the court is in effect amending
the disposition in the earlier decree.)
If the child was placed in the home under protective supervision, and there has been an emergency removal
of the child from the home pursuant to Idaho Code §16-1623, this form should not be used. After a redisposition hearing, the court should enter an amended decree.
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6
The order should include findings and conclusions sufficient to support the court’s actions. The more
severe the action, or the more contested the proceedings, the more detailed the findings should be. For
example, minimal findings are needed if the parties are making adequate progress and the only further
action necessary is for the parties to continue with the existing plan. More detailed findings are necessary
if the parents are making no progress and the court determines that the case plan should be modified by
removing reunification as a goal.
7
The last sentence in this paragraph should be omitted in cases where aggravated circumstances have been
found or in other cases where reunification is longer the long-term plan for the child.
8
Review hearings are required every six months so long as the child remains in the legal custody of IDHW.
Idaho Code §16-1622(3). Recommended best practice is to hold review hearings whenever a child is
determined to be within the jurisdiction of the Act, even if the child is placed under protective supervision
in the child’s own home rather than in state custody. Recommended best practice is to hold review
hearings at least once every three months, unless there is good reason why more frequent review is
unnecessary.
The CPA does not require IDHW or the GAL to submit written reports for a review hearing, but the court
can require them. Filing of review reports is recommended as best practice, to document the parties’
progress in the court record and to support later court actions.
9
This paragraph should be included when the annual permanency deadline is approaching.
Federal law requires the court to make written, case-specific findings as to whether the agency has made
reasonable efforts to finalize the child’s permanent placement at or before the due date for the permanency
hearing. Federal law requires that a permanency hearing be held within one year from the date the child is
considered to have entered foster care and at least once every twelve months thereafter. The date a child is
considered to have entered foster care is the date the court found the child to come within the jurisdiction of
the CPA or 60 days from the date the child was removed from the home, whichever is first. If the finding
is not made in the required manner within the required time, the child will lose eligibility for federal
funds. Eligibility may be reinstated once the required finding has been made. See 42 U.S.C. § 675(5)(c);
45 C.F.R. § 1356.21(b)(2).
State law requires that a permanency hearing be held within one year from the date the child is removed
from the home or the date the child is found to be within the jurisdiction of the CPA, whichever occurs
first. The permanency hearing can be combined with the review hearing. Idaho Code § 16-1622(4). The
agency is required to file a permanency plan with the court at least five days before the hearing. Idaho
Code § 16-1629(9).
The functions of the review hearing and the permanency hearing overlap somewhat. At the permanency
hearing, the emphasis is more on the deadlines, to ensure that permanency is achieved in timely manner as
possible. The key function of the permanency hearing is to set a deadline for determining the permanent
placement of the child, to determine the permanent placement of the child, and to set a deadline for
implementing that placement.
10
IJR 42 requires that extended home visits (any unsupervised visitation between the parent and the child
that exceeds 48 hours) must be approved – in writing – by the court prior to the extended home visit. A
request for an extended home visit is most likely to arise at a review hearing.
11
The order should include any other matters that need to be addressed to provide for the welfare of the
child, to promote resolution of the case, to prepare for the next review hearing, or to prepare for the
permanency hearing. For example:
___
Orders needed for examination, or evaluation, other services, pending the review hearing
___
Orders needed for release of information (medical records, school records)
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___
___
___
___
___
Paternity testing
Orders as to visitation, if appropriate (particularly if siblings have been removed from the
home and given difference placements)
Other persons to be summoned for the review hearing
Potential for mediation
Transport orders (if parent or child is in detention, jail, or prison)
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