15 Minutes; up to 25 suggested best practice

Prior to Permanency Hearing (PH):

⧠ If first PH, scheduled within 180 days after DFPS named TMC

⧠ If subsequent PH, scheduled within 120 days of last PH

⧠ 10 days' notice provided

⧠ DFPS Permanency Progress Report filed at least 10 days before PH and includes:

• Child's Permanency Plan

• Summary of Medical Care

⧠ The court file includes:

• Notification of Medical Consenter Form 2085-B

• Education Decision-Maker Form 2085-E

• Visitation Plan

At Hearing:

⧠ Identify those present

⧠ Child in attendance

⧠ DFPS due diligence to locate and serve parties not present

⧠ Parent, alleged father or relative provided locating information for absent parents, alleged fathers, or relatives

⧠ Child provided opportunity to provide information about possible relative or other caregiver

⧠ If child with relative, inform about Permanency Care Assistance

⧠ Paternity issues/Paternity Registry

⧠ Need for language interpretation

⧠ If parent is unrepresented, inform of right to counsel, determine indigency, and appoint attorney

⧠ Inquire about Indian/Native American Heritage

⧠ Citizenship issues, consulate notified

⧠ Compliance with orders/Service Plan and progress made

⧠ Parties and those present heard and provided opportunity to present evidence

⧠ If caregiver is present, must be given opportunity to provide information about the child.

⧠ If AAL hasn't seen client, determine good cause

⧠ Review Permanency Progress Report:

• Safety and well-being of child

• Child's needs (medical/special)

• Child's placement

• Evidence as to whether DFPS is able to place with relative

• Child's primary and alternative permanency goals

• DFPS reasonable efforts to finalize permanency plan

• Child provided opportunity to express opinion about medical care

• For child receiving psychotropic medication, whether child has:

◦ been provided non-pharmacological interventions.

◦ seen prescribing physician every 90 days for review

• Child's Education Decision-Maker identified, education needs and goals identified and addressed, and major changes in school performance or disciplinary events

• If 14 or older, transition services to assist from care to independent living

• For child with goal of APPLA:

◦ child's desired permanency outcome; and

◦ whether APPLA best permanency plan; if so, provide compelling reasons why not in child's best interest to:

▪ return home,

▪ adoption,

▪ placed with legal guardian, or

▪ placed with a fit and willing relative

◦ whether DFPS has conducted an Independent Living Skills (ILS) assessment for all youth 16 and older in TMC

◦ whether DFPS has addressed the goals identified in the youth's permanency plan

◦ For youth 16 years of age or older, whether DFPS has provided documents required by Section 264.121(e)

◦ For youth 18 years or older, or has had disabilities of minority removed, whether DFPS has provided youth with documents and information listed in Section 264.121(e-1)

⧠ Child receiving appropriate medical care

⧠ Child has regular, ongoing opportunities for age-appropriate normalcy activities, including those not in child's service plan

At the End of the Hearing:

⧠ Return the child to the parent or parents unless, with respect to each parent, there is a continuing danger to the health and safety of the child and returning home is contrary to the welfare of the child.

⧠ Advise/warn custodial rights and duties subject to restriction or termination

⧠ Incorporate changes or modifications to Service Plan into order

⧠ Likely date child returned home, placed for adoption, or placed in PMC

⧠ Set next PH within 120 days or sooner

⧠ Announce dismissal date and any upcoming hearings

Best Practices:

⧠ If lack of notice, consider resetting hearing to secure attendance

⧠ Engage parties with direct questions

⧠ Engage youth

⧠ Ask DFPS direct, child-specific questions about primary and concurrent goal

⧠ If not moving to positive permanency, set timelines and tasks to be completed prior to next hearing

⧠ AAL knowledgeable about child's needs and legal objectives

⧠ Set next PH at 90 instead of 120 days

⧠ For Older Youth:

• Family Group Decision Making

• Preparation for Adult Living (PAL)

• If will turn 18 while in foster care:

◦ Discuss extended foster care and trial independence

◦ Ensure referrals to Texas Workforce Commission

◦ Ensure appropriate documents in possession before leave care

⧠ Ask the following questions:

• What is preventing this child from returning home today?

• How is my decision specific to this child and this family?

• Are there cultural issues we need to understand?

Well-being issues at Permanency Hearing:

Medical Care and Mental Health:

⧠ Summary of medical care:

• Nature of emergency medical care

• All medical and mental health treatment receiving and progress

• Any medication prescribed/progress

• Caregiver compliance with treatment plan

• Adverse reaction or side effects

• Diagnosis or diagnostic tests

• Activity to avoid that affect effectiveness of treatment

• Other info required

Education and Educational Decisions:

⧠ Enrolled and in appropriate grade

⧠ Remain in current school, even if placement changes

⧠ If change placement, determine:

• Where child wants to attend school

• Whether transportation is available

• Whether change coordinated with grading and testing periods

• Whether records/credits transferred

⧠ If 0-3, child assessed for developmental milestones through ECI

⧠ If 0-5, enrolled in Early Head Start, Head Start, or Pre-Kindergarten

⧠ Educational Decision-Maker Form 2085-E on file

⧠ School supports and disciplinary issues

⧠ Extracurricular activities/normalcy

⧠ Evaluated for/receiving special education

⧠ If 14 or older, postsecondary education plan