C.  Permanency Hearing Options


C.R.S. § 19-3-702(2.5), (3) and (6)
42 U.S.C.A. § 675(5)(C)

The hearing’s purpose is to choose a permanent plan for the child. Unlike a review hearing, which assesses the placement and treatment plan, a permanency hearing is focused on making a final decision about where the child will grow up. The permanency plan depends on which of the following is likely:

The child is returned to the parent;

The child is not returned to the parent, but there is a substantial probability that the child will be returned to the parent within six months (based on the estimated date of return);

The child will not be returned to the parent within six months, and needs another permanency plan.




Permanency options include the following:
  • Return home: the child returns to the parents;
  • Adoption: the court orders DHS to file for termination and free the child for adoption;
  • Guardianship: the court refers the case to establish a legal guardianship for the child;
  • Allocation of parental responsibilities: the court allocates the decision-making responsibilities for the child;
  • Other planned permanent living arrangement: the court determines that the child’s best interests will be served by continuing in long term placement, such as with a fit and willing relative.