LD 1382
pg. 2
Page 1 of 7 An Act To Establish Permanent Subsidized Guardianship Page 3 of 7
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LR 603
Item 1

 
1.__Mandated permanency planning hearing.__Unless subsequent
judicial reviews are not required pursuant to section 4038,
subsection 1-A, the District Court shall conduct a permanency
planning hearing and shall determine a permanency plan within the
earlier of:

 
A.__Thirty days after a court order to cease reunification;
or

 
B.__Twelve months after the time a child is considered to
have entered foster care.__For the purposes of this
paragraph, a child is considered to have entered foster care
on the date of the first judicial finding that the child has
been subjected to child abuse or neglect or on the 60th day
after removal of the child from home, whichever occurs
first.

 
2.__Subsequent permanency planning hearings.__Unless
subsequent judicial reviews are not required pursuant to section
4038, subsection 1-A, the District Court shall conduct a
permanency planning hearing within 12 months of the date of any
prior permanency planning order.

 
3.__Permanency planning orders.__After each permanency
planning hearing, the District Court shall adopt a permanency
plan for a child that complies with subsection 4.__The court
shall enter the order within the time limitations contained in
subsection 1 or 2, whichever is applicable to the permanency
planning hearing.

 
4.__Contents of permanency plan.__A permanency plan for a
child under this section must contain determinations on the
following issues.

 
A. The permanency plan must determine whether and when, if
applicable, the child will be:

 
(1) Returned to a parent. Before the court may enter an
order returning the custody of the child to a parent,
the parent must show that the parent has carried out
the responsibilities set forth in section 4041,
subsection 1-A, paragraph B; that to the court's
satisfaction the parent has rectified and resolved the
problems that caused the removal of the child from home
and any subsequent problems that would interfere with
the parent's ability to care for the child and protect
the child from jeopardy; and that the parent can
protect the child from jeopardy;


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