9-27-337. Six-month reviews required.

9-27-337. Six-month reviews required. (a)(1) The court shall review every case of dependency-neglect or families in need of services when: (A) A juvenile is placed by the court in the custody of the Department of Human Services or in another out-of-home placement until there is a permanent order of custody, guardianship, or other permanent placement for the juvenile; or (B) A juvenile is returned to the parent from whom the child was removed, another fit parent, guardian, or custodian and the court has not discontinued orders for family services. (2)(A) The first six-month review shall be held no later than six (6) months from the date of the original out-of-home placement of the child and shall be scheduled by the court following the adjudication and disposition hearing. (B) It shall be reviewed every six (6) months thereafter until permanency is achieved. (b) The court may require these cases to be reviewed prior to the sixth-month review hearing, and the court shall announce the date, time, and place of the hearing. (c) At any time during the pendency of any case of dependency-neglect or families in need of services in which an out-of-home placement has occurred, any party may request the court to review the case, and the party requesting the hearing shall provide reasonable notice to all parties. (d) At any time during the course of a case, the department, the attorney ad litem, or the court can request a hearing on whether or not reunification services should be terminated pursuant to § 9-27-327(a)(2). (e)(1) In each case in which a juvenile has been placed in an out-of-home placement, the court shall conduct a hearing to review the case sufficiently to determine the future status of the juvenile based upon the best interest of the juvenile. (2)(A) The court shall determine and include in its orders the following: (i) Whether the case plan, services, and placement meet the special needs and best interest of the juvenile, with the juvenile's health, safety, and educational needs specifically addressed; (ii) Whether the state has made reasonable efforts to provide family services; (iii) Whether the parent or parents or person from whom custody was removed has demonstrated progress toward the goals of the case plan and whether completion of the goals has benefited the parent in remedying the issues that prevent the safe return of the juvenile; (iv) Whether the case plan is moving toward an appropriate permanency plan under § 9-27-338 for the juvenile; (v) Whether the visitation plan is appropriate for the juvenile, the parent or parents, and any siblings, if separated; and (vi)(a) Whether the juvenile should be returned to his or her parent or parents and whether or not the juvenile's health and safety can be protected by his or her parent or parents if returned home, either permanently or for a trial placement. (b) At any time the court determines that the health and safety of the child can be adequately protected and it is in the best interest of the child, the court shall return the child to a parent or parents from whom custody was removed. (B)(i) The court may order any studies, evaluations, or post-disposition reports, if needed. (ii) All studies, evaluations, or post-disposition reports shall be provided in writing to all parties and counsel at least two (2) days before the review hearing. (iii) All parties shall be given a fair opportunity to controvert any part of a study, evaluation, or post-disposition report. (3)(A) In making its findings, the court shall consider the following: (i) The extent of compliance with the case plan, including without limitation a review of the department's care for the health, safety, and education of the juvenile while he or she has been in an out-of-home placement; (ii) The extent of progress that has been made toward alleviating or mitigating the causes of the out-of-home placement; (iii) Whether the juvenile should be returned to his or her parent or parents and whether or not the juvenile's health and safety can be protected by his or her parent or parents if returned home; and (iv) An appropriate permanency plan under § 9-27-338 for the juvenile, including concurrent planning. (B) Incompletion of the case plan under subdivision (e)(3)(A)(i) of this section is an insufficient reason by itself to deny the juvenile's return to the family home. (f) Each six-month review hearing shall be completed, and the written order under subsection (e) of this section shall be filed by the court or by a party or a party's attorney as designated by the court and distributed to the parties within thirty (30) days of the date of the hearing or before the next hearing, whichever is sooner.