18.1 PURPOSE
As the permanency hearing approaches, some hard decisions have to be made. Either the child should be able to return home in the near future or, if the child cannot be returned home, then some other alternative needs to be sought. The idea is “enough is enough.”

CYFD usually will have conducted an internal case review involving the county office manager and social work consultant for the purpose of selecting the most appropriate permanency plan, which is brought to the table at the pre-permanency planning meeting. From CYFD’s perspective, every child carries a permanency plan from the outset, but now the focus changes to a choice of plan that is based on the history of the case and the information that has developed, and that can be presented to the court.

18.2 TIMING AND INITIATION
The Children’s Code requires that the parties attend a meeting prior to the initial permanency hearing to attempt to settle issues attendant to the hearing. §32A-4-25.1(A). The Children’s Court Rules require that the pre-hearing settlement conference take place not less than five days prior to the hearing. Rule 10-325(D).

Since court personnel or facilities are not necessarily involved, the meeting can be scheduled at the mutual convenience of the parties. However, given the time constraints operating in these cases, the court should consider setting the meeting for the parties while everyone is present at the initial judicial review hearing.

The children’s court attorney is responsible for notifying all the participants of the time and place of the meeting. Rule 10-325(D).

18.3 PARTICIPANTS
The Children’s Code mandates that “all parties to the [permanency] hearing” attend the meeting. §32A-4-25.1(A). While the judge might schedule the meeting for the parties, he or she does not participate in the discussion.

The social work supervisor for CYFD might act as a facilitator. CASA volunteers and foster parents should be invited, along with family members who might become permanent caretakers for the child. Therapists or other providers for the child may contribute useful information, particularly if the child has been placed in residential or treatment foster care facilities.

18.4 CONDUCT OF THE MEETING
The procedures for this meeting have developed as a matter of practice since 1997, when the law on permanency hearings was passed. Different areas of the state hold this meeting in different ways and at different places.

By the time the meeting takes place, CYFD should have prepared and served on each party a pre-permanency hearing report. The report is supposed to include the department’s proposed permanency plan, as well as any changes to the disposition plan. Rule 10-325(C).

At the meeting, the parties need to discuss the proposed permanency plan and attempt to achieve consensus. If the parties think that the permanency plan is reunification, they should also discuss a transition home plan. §32A-4-25.1(C) (requiring the court to adopt a transition plan for cases in which the permanency plan is reunification).

Once the parties have identified a permanency plan they need to develop a method to accomplish the objective in a timely manner. In a broad sense, there are two possible objectives:

• Return home. If the goal is to return the child home, then the plan should focus on those steps necessary to ensure that the child will be safe and to minimize the possibility of disruption. These steps should be formulated into a proposed transition plan for the court. Some tough questions may include:
  
  
  • At what point can legal custody be returned to the parents? Or should custody remain with CYFD for some period of time?
  • Can legal custody be returned to the parent if the parent is incarcerated but it appears that he or she can make a responsible placement decision for the child?
• Not return home. If the goal is to not return the child home, then attention should turn to identifying the best alternative permanency plan available for the child. This may involve the placement of the child with a relative or other individual who is capable of providing care for the child over the long term. Ideally a parent who participates in this process will be in a better position to retain some relationship to the child, even if not as the primary custodian.

At the very least, even if the parties agree to disagree at this meeting, there should be a full and frank discussion as to all the alternatives and a narrowing of issues for the hearing.

18.5 PROPOSED PERMANENCY PLAN

18.5.1 FIVE POSSIBLE GOALS
“Permanency plan” means a determination by the court that the child’s interest will be best served by:

• reunification with the parent;
• placement with a person who will be the child’s permanent guardian;
• placement for adoption after the parents’ rights have been relinquished or terminated or after a motion has been filed to terminate parental rights;
• placement in the legal custody of CYFD, with the child placed in the home of a fit and willing relative; or
• placement in the custody of CYFD under a planned permanent living arrangement. §32A-1-4(P); §32A-4-25.1.

Reunification. Reunification is likely to be the initial plan. It does not have to be limited strictly to a return to the parent or the home from which the child was removed. Depending on the circumstances, it could mean a return to the noncustodial parent.

Adoption. A plan of adoption is considered when efforts to reunite the child with his or her family have either not been successful or are not in the child’s best interest, and termination of parental rights is appropriate.

Permanent Guardianship. Permanent guardianship allows an adult to take on the roles and responsibilities of parents without termination of the parent’s rights. This is often a role suited for relatives who are able and willing to care for the child on a permanent basis without the parents’ rights being terminated. Note, however, that “permanent guardianship” is not necessarily permanent. See Handbook Chapter 23.

Placement with Fit and Willing Relative. A relative may be able and willing to care for the child but may not be prepared to consider permanent guardianship or adoption, at least not initially. The child would remain in the custody of the department but be placed with the relative as a foster parent. The hope would be to find a legal arrangement that would make the placement more permanent, and out of the custody of CYFD.

Planned Permanent Living Arrangement. Another planned permanent living arrangement is acceptable only if the state documents to the court a compelling reason why none of the other options would be in the child’s best interest. Such an arrangement may be appropriate, for example, for an older child who cannot return home but who is attached to his or her parents, does not want to be adopted and is living with foster parents who want to continue caring for the child until emancipation, and no relative is available for placement purposes. See Handbook §38.4 on ASFA.

18.5.2 AGREEMENT, IF POSSIBLE
The proposed permanency plan should represent the agreement of the parties to the greatest extent possible. It must have a clearly stated outcome to be accomplished by a date certain. It should spell out specific roles and responsibilities for each participant. It can include intermediate objectives as well as necessary conditions (e.g., that the parent will maintain a stable household).

If the parties are not able to agree on a proposed plan to submit to the court, then typically CYFD will propose a plan to the court and the other parties will raise and address their concerns at the hearing. Other parties may also advocate for an alternative permanency plan.

18.5.3 SUBSTANCE ABUSE CASES
Not only is substance abuse the single most common factor causing children to come into the state’s care, but it is also among the most difficult to address within the statutory time frames. If the respondent has made little or no progress in treating the condition by the time of the pre-permanency meeting, then a plan of reunification may not be viable. However, there are many instances where the parent has begun to show significant improvement, but may still require residential treatment or other major intervention for several months. Such situations pose a challenge to the creativity of the meeting participants. If they think that reunification is still an option, they may need to be prepared to present evidence as to the compelling reasons for not changing the permanency plan to something other than reunification. See §32A-4-29(G) and ASFA note in Handbook §18.5.5 below.

18.5.4 INCARCERATION CASES
A respondent may be able to make responsible decisions for his or her child but not be in a position to provide daily necessities. If the parent is able to work out an arrangement with a substitute caretaker then intervention by CYFD may not be necessary. Conceivably, the court could return legal custody to the parent even though the child is physically placed with a substitute caretaker. This distinction may be useful for parents who are incarcerated or otherwise institutionalized, but who retain a positive relationship with their children and the ability to make responsible decisions.

18.5.5 OLDER CHILDREN
With this population, participants must be especially scrupulous in establishing a plan that is realistic. Problems commonly arise because:

• A child age fourteen or older refuses to consent to adoption. If a child is not willing to consent, then adoption may not be an option. §32A-5-17(A) (requiring the consent of the adoptee when fourteen or older).
• The urgency of the time frames in abuse or neglect cases may trigger termination of parental rights without adequate foresight for the “legal orphans” created thereby.
• The parties may erroneously assume that an older child is not adoptable when, in fact, the child in question has a good chance of being adopted.
• The permanency plan fails to assist an older child in a planned permanent living arrangement to prepare for emancipation, not only with life skills but by facilitating relationships that will provide a support network to carry the child into adulthood.

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