As amended through January 1, 2018
Rule 1921.1 - The Judicial Review Of Dependent Children In Placement(a) The juvenile court, or a court-appointed hearing officer, shall review the placement of every dependent child who has been placed outside his or her home to determine whether the best interests of the child are being served by the placement.(b) The juvenile court may conduct an initial formal review of every dependent child in placement three - six months after the dispositional hearing and at three - six month intervals thereafter until the child is returned to his or her home or removed from the jurisdiction of the court.(1) A formal review may consist of an in-court hearing before the court, but shall consist of an examination by the court of appropriate papers, affidavits, progress reports, including the status of aftercare planning in each case, and other materials as submitted to the court by the County Children and Youth Services, or others.(2) Three - Six months after dispositional hearing and at three - six month intervals thereafter while the child continues in a placement outside the home, the County Children and Youth Agency shall give written notice of the right to request a formal review. This notice shall be provided at least ten (10) days prior to the date set scheduling such a review. Notice shall be given to the following parties, each of whom shall be entitled to participate in the proceeding: (a) the child, if age appropriate;(b) the child's parents or legal guardian;(c) counsel for the child. Upon receipt by the Children and Youth Agency of a request for a formal review hearing, such a hearing shall be scheduled with the court at the earliest possible date.
(3) The court may, either on its own motion or in response to a petition from any party with an interest in the welfare of the child, schedule a formal review at any time.(c) The goals and objectives for each dependency case shall be presented to the court at the dispositional hearing.(d) Judicial review as provided for under these rules shall include, but not be limited to, a determination by the court as to whether:(1) the goals and objectives as presented at the dispositional hearing are being met and continue to be approved;(2) the services being provided to the child, the parents or legal guardians are appropriate;(3) the views of the child were sought regarding the case goals and objectives which have been established;(4) there are obstacles which may hinder or prevent the attainment of the established goals for the return of the child to his or her home or other placement objective;(5) there is an alternative to the continued placement of the child.(f) After each formal review, the court may issue an order consistent with what is in the best interests of the child.44th Jud. Dist. Rule 1921.1