Rule 8.430 Modification of Permanency Order

(a) Best Interests of Child. The permanency placement is intended to continue until the child reaches the age of majority and may not be disturbed absent a finding by the court that the circumstances of the permanency placement are no longer in the best interest of the child.

(b) Request for Modification by a Parent.

(1) If, after a child is residing in the permanent placement approved at the permanency hearing, a parent who has not had his or her parental rights terminated makes a motion for reunification or increased contact with the child, the court shall first hold a hearing to determine whether the dependency case should be reopened and whether there should be a modification of the order. At the hearing, the parent must demonstrate that the safety, well-being, and physical, mental, and emotional health of the child is not endangered by the modification.

(2) The court shall base its decision concerning any motion by a parent for reunification or increased contact with a child on the effect of the decision on the safety, well-being, and physical and emotional health of the child. Factors that must be considered and addressed in the findings of fact of the order on the motion must include:

(A) with the case plan;

the compliance or noncompliance of the parent

(B) the circumstances which caused the child’s dependency and whether those circumstances have been resolved; placement;

(C) the stability and length of the child’s

(D) the preference of the child, if the child is of sufficient age and understanding to express a preference;

(E) and the recommendation of the current custodian;

(F) the recommendation of the guardian ad litem, if one has been appointed.