Rule 124.10 Permanency Review Hearing

Comment

This Rule 124.10 governs not only the initial permanency review hearing but also each subsequent permanency review hearing.

Permanency review hearings are required, even after the parents’ rights have been terminated, until the juvenile attains age 21 or until the earlier entry of a legally final permanency order; i.e., return of the juvenile to the legal custody of a parent, adoption or guardianship.

If reunification is not the permanency plan that is most appropriate for the juvenile, the permanency plan for the juvenile must be one of the following:

1. adoption;

2. guardianship;

3. placement with a fit and willing relative; or

4. another planned permanent living arrangement.

The considerations for the court in determining, pursuant to Rule 124.10c(3), whether the children’s division has made reasonable efforts to finalize the permanency plan in effect and, pursuant to this Rule 124.10c(4)(a), which permanency plan is most appropriate for the juvenile, are detailed in Rule 124.09e.

The Adoption and Safe Families Act allows a juvenile’s permanency plan to be another planned permanent living arrangement only when the children’s division documents compelling reasons why the other permanency plans are not in the best interests of the juvenile.

For a juvenile in the legal custody of the children’s division in a proceeding under subsection 1 of section 211.031, RSMo, to be eligible for Title IV-E funding, the Adoption and Safe Families Act requires a judicial determination within 12 months of the date the juvenile is considered to have entered foster care and at least annually thereafter of the reasonable efforts of the children’s division to finalize the permanency plan in effect. Therefore, this determination may be made at a permanency review hearing under this Rule 124.10.

Under section 210.565, RSMo, grandparents who request consideration are given preference and first consideration for out-of-home placement, and a juvenile in out-of-home placement shall be placed with a relative whenever such placement is not contrary to the best interests of the juvenile.

Under section 211.177, RSMo, grandparents have a right to intervene if custody of a grandchild is in issue unless the court determines that such intervention is contrary to the best interests of the juvenile.

When placing a juvenile outside Missouri, including placing with a parent or relative, or terminating jurisdiction over a juvenile placed outside Missouri, in a proceeding under subdivision(1) of subsection 1 of section 211.031, RSMo, the court and all parties must comply with the Interstate Compact on the Placement of Children. See section 210.620, RSMo.

[Adopted May 20, 2009, eff. Jan. 1, 2010.]

Cross-reference: Sections 211.032.4, 211.171.1, 210.720, 211.183, and 211.447.2, RSMo.