| B. Before Hearing |
| C.R.S. § 19-3-702(2) |
Notice
of the
permanency hearing must be given. The
notice must state the constitutional and legal rights of the child and
the
children’s parents or guardians.
|
| People
in the Interest of A.W.R., 17 P.3d 192 ( |
In
A.W.R., the Court of Appeals
held that
the juvenile court properly limited the role of the foster mother at
the
permanency planning hearing to providing testimony only as to the
child’s
physical, mental, and emotional conditions, although the foster mother
had been
allowed to intervene as a matter of right earlier in the case.
|
|
Because
the
permanent plan for the child was return home, the foster mother did not
have a
constitutionally protected liberty interest that entitled her to full
participation in the proceedings.
|
| People
in the Interest of C.M., 116 P.3d 1278 ( |
However,
A.W.R. is distinguished by C.M., which held that an award of
permanent custody to a non-parent may be made even if a parent is fit.
|
| C.R.S. § 19-3-702(2) |
|
| C.R.S. § 19-3-702(1.5) 45 C.F.R. § 1355.20(a) |
The
court
should order the parties to attend the permanency hearing. Under federal and state
law, a full hearing
is required.
If DHS is frequently not prepared for permanency hearings, the court facilitator may set up a staffing before each hearing to discuss permanency options for the child. Alternatively, the court may order the DHS caseworker to conduct a staffing fifteen to thirty days before the hearing. |