As amended through January 31, 2024
Rule 42 - Permanency Hearings(a)Timing and Purpose. For every juvenile in out-of-home custody of the DHHR, the court shall conduct a permanency hearing within 14 months of the date of the juvenile's initial removal from the home, and at least once every 12 months thereafter so long as the juvenile remains out of the home in DHHR custody. The purpose of the hearing is to determine the permanency plan for the juvenile that includes whether, and if applicable when, the child will be returned to the parent or the state will file a petition for termination of parental rights as a proceeding arising out of West Virginia Code § 49-4-601, et seq., or referred for legal guardianship, or placed in another planned living arrangement. Procedural safeguards shall be applied with respect to parental rights pertaining to the removal of the juvenile from the home of his parents, to a change in the juvenile's placement and to any determination affecting visitation privileges of parents; and procedural safeguards shall be applied to assure that in any permanency hearing held with respect to the juvenile, the court consults, in an ageappropriate manner, with the juvenile regarding the proposed permanency or transition plan. In the discretion of the court, the hearing may be scheduled and held concurrently with a judicial review hearing, so long as the permanency plan matters are distinctly addressed in the hearing and reflected in a written order.(b) Findings. At the permanency hearing, the court shall determine the juvenile's permanency plan, make findings as to whether the department made reasonable efforts to finalize the permanency plan, find whether or not the department made reasonable efforts to permanently place the juvenile in a timely manner, and identify services required to meet the juvenile's needs.(c) Notice. In addition to parties and counsel, foster parents or relatives providing care for the juvenile, if any, shall be given timely written notice of permanency hearings, and shall be afforded the right to be heard in any such hearing.(d) Written Order. The court shall issue a written order within 10 days following the permanency hearing.