Rule 402 Periodic Progress Reviews

(a) A periodic progress review hearing shall occur when the court has not established a foster care review board or has elected to review certain cases instead of assigning the cases to the board.

(b) The court shall explain on the record the purpose of the hearing and review the following:

(1) The continued appropriateness of the permanency goals , and if a concurrent goal is needed;

(2) Whether the child’s placement is safe and appropriate;

(3) Whether the child’s well-being is being appropriately addressed through health, education, and independent living skills if applicable;

(4) Whether the visitation schedule continues to be sufficient to maintain the bond between the child and parent, and the child and siblings, who are not residing in the same placement;

(5) The reasonableness of the Department of Children’s Services’efforts to identify or locate the parent or child whose identity or whereabouts are unknown;

(6) The reasonableness of the Department’s efforts based on the prioritization of the outcomes and corresponding action steps in the statement of responsibilities; and

(7) The compliance of the parents or child with the statement of responsibilities in the plan.

(c) If a foster care review board hearing has occurred prior to the periodic progress review, the court shall review the recommendations of the board. If the court finds the board’s recommendations are in the best interest of the child, the court shall incorporate the recommendations into the plan.

(d) If in addition to the periodic progress review the Department requests the court also ratify a new permanency plan, the periodic progress review and ratification hearing on the new plan shall be bifurcated.

(e) At the conclusion of the hearing, the court shall make fact-specific findings including a timeline for goal completion and shall enter an order within 30 days of the hearing. If the court finds additional services are necessary to mitigate the causes necessitating foster care, the court shall order the Department to incorporate the services into the permanency plan.