| A. Timeline |
| 42 U.S.C.A. § 675(5)(C) |
If the
petition does not name a child under the age of six, hold a permanency
hearing
within twelve months of a child entering foster care.
|
| C.R.S. § 19-3-702(1) C.R.S. § 19-1-115(4)(c) |
When
possible, combine this with the six-month review of placement.
|
| C.R.S. § 19-3-702(1) 42 U.S.C.A. § 675(5)(F) |
When
does a
child “enter foster care?” A
child
“enters foster care” when the court approves a change of custody of the
child.
|
| C.R.S. § 19-3-702(1) |
If
the
petition names a child under the age of six, the court should hold the
permanency hearing within three months after the disposition.
|
| C.R.S. § 19-3-703 |
These
children must be in a permanent home within twelve months of placement.
|
| C.R.S. § 19-3-702(1) C.R.S. § 19-3-508(1)(e)(I) |
If
an
appropriate treatment plan cannot be devised, the court should hold the
permanency
hearing within thirty days of the dispositional hearing. If at disposition the
court finds by clear
and convincing evidence that no plan could address the parent’s
unfitness, the
court must then hold a permanency hearing within thirty days unless a
termination motion is filed.
|
| C.R.S. § 19-3-702(1) |
If
the court
finds that reasonable efforts to reunify the parent and child are not
required
and a motion for termination has been appropriately filed, the court
may
combine the permanency hearing and termination hearing, and each of the
determinations required by both hearings shall be made at the
termination
hearing. The court
may also combine the
permanency hearing and the periodic review hearing, but the
determination
required for both hearings must be made at the combined hearing.
The court should set the permanency hearing as well as the adjudicatory hearing as soon as the case is accepted for filing. By calendaring it early on, the court accomplishes two goals. First, the court emphasizes to all of the parties that time is of the essence, by advising the parents that the child must have a safe and permanent home by the time of the permanency hearing. Second, the court does not fail to set the permanency hearing within the timeline. |