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: _______ _______________________________________________________________________. REVIEW HEARING ORDER PAGE 1 American LegalNet, Inc. www.FormsWorkflow.com 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: ___________ ______________________________________________________________________.] REVIEW HEARING ORDER PAGE 2 American LegalNet, Inc. www.FormsWorkflow.com [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 ______________, REVIEW HEARING ORDER PAGE 3 American LegalNet, Inc. www.FormsWorkflow.com 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. REVIEW HEARING ORDER PAGE 4 American LegalNet, Inc. www.FormsWorkflow.com 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]. REVIEW HEARING ORDER PAGE 5 American LegalNet, Inc. www.FormsWorkflow.com --- 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, REVIEW HEARING ORDER PAGE 6 American LegalNet, Inc. www.FormsWorkflow.com 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] REVIEW HEARING ORDER PAGE 7 American LegalNet, Inc. www.FormsWorkflow.com 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: REVIEW HEARING ORDER PAGE 8 American LegalNet, Inc. www.FormsWorkflow.com 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. REVIEW HEARING ORDER PAGE 9 American LegalNet, Inc. www.FormsWorkflow.com 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. REVIEW HEARING ORDER PAGE 10 American LegalNet, Inc. www.FormsWorkflow.com 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) REVIEW HEARING ORDER PAGE 11 American LegalNet, Inc. www.FormsWorkflow.com ___ ___ ___ ___ ___ 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) REVIEW HEARING ORDER PAGE 12 American LegalNet, Inc. www.FormsWorkflow.com