Permanency Planning in CINA Cases

Initial Hearing

Statutes: Md Code Ann., Cts & Jud, Proc. 3-823, 3-812, Adoption and Safe Families Act, 42 U.S.C. 670 (1997)

Purpose of Hearing: For the court to decide a permanency plan for the child.

Standard: The best interest of the child.

Timing - The initial permanency planning hearing must be held within 11 months after a child is placed in out-of-home care or within 30 days after a court waives the reasonable efforts requirement. C&J §3-823(b)(1)(i),(ii).

Scope - The court must determine whether the permanency plan for the child should be return to the parent or guardian, placement with relatives, placement for adoption, emancipation, permanent or long-term placement in out-of-home care, or continued placement for a specified period. C&J § 3-823(e)(1). If the child is 16 or older, the court must determine the services needed to help the child make the transition from placement to independent living. C&J §3-823(e)(2).

CINA Topics
Home & Timeline
Jurisdiction and Venue
Petitions and Files
Proceeding - Generally
Shelter Care Hearing
Adjudication Hearing
Disposition Hearing
Reasonable Preservation & Reunification Efforts
Termination of Parents Rights Hearing
Case Law
Printable Version of all files (pdf)

Considerations - A child may be continued in permanent or long-term foster care or foster care for a specified period only if DSS has documented a compelling reason why it would not be in the child’s best interest to return home, be referred for termination of parental rights, or be placed for adoption or guardianship. C&J §3-823(f).

SB 57 Child Welfare – Permanency Planning and Interstate Placement of Foster Children effective 10/1/08 altered the factors a juvenile court is required to consider in making specified findings in permanency planning and review hearings; increased, from 7 to 10, the number of days’ notice a local department of social services is required to give specified persons before permanency planning and review hearings; requireing the court to consult with the child on the record in an age appropriate manner at least every 12 months at a permanency planning or review hearing.

Factors to consider in determining the permanency plan:

  1. The child’s safety and health;
  2. The child’s attachment to natural parents and siblings;
  3. The child’s attachment to the current caregiver;
  4. The length of time the child has lived with the current caregiver;
  5. The potential harm to the child if moved from the current placement; and
  6. The potential harm to the child of remaining in State custody for an excessively long time. FL §5-525(e)(1).

Adoption recommendation - If the court orders a permanency plan of adoption, it must schedule a termination of parental rights (TPR) hearing instead of the next 6-month review hearing. CJ §3-823 (g)(2).

Six Month Review Hearings

Statutes: Md Code Ann Cts & Jud Proc. 3-823, Adoption and Safe Families Act 42 U.S.C. 670 (1997)

Purpose: To review the permanency plan and highlight services the child may need while in a placement

Standard: Preponderance of evidence.

Frequency - Held every 6 months after the permanency plan is set, unless the court grants guardianship of the child to an individual or determines that the child should continue in permanent foster care or kinship care. C&J §3-823(h)(1).

Required findings - At the hearing, the court must determine the necessity and appropriateness of continued commitment, the extent of compliance with the permanency plan, and the extent of progress toward alleviating the causes of commitment. The court must project a reasonable date by which the child may return home or be placed for adoption or guardianship and evaluate the child’s safety in order to take the necessary measures needed to protect the child. C&J §3-823(h)(2).

When plan changes are required - The permanency plan must be changed if a change in the plan would be in the child’s best interest. In re Norberto C., 133 Md. App. 558, 758 A.2d 637 (2000).

Overall time frame for permanent placement - Every reasonable effort shall be made to effectuate a permanent placement for the child within 24 months of the date of the initial placement. C&J §3-823(h)(3).

Permanent caregiver selected - If the plan is to place the child with a specific caregiver who agrees to care for the child on a permanent basis, the court needs to review the matter every 12 months unless the case is terminated. CJ §3-823 (h)(i) – (iii).

Guardianship Review Hearings

Statutes: FL Article 5-311 (a) (3), 5-319, 5-322, 5-525.2, 9-105, (involving adoption/guardianship); 45 CFR § 1356.21

Purpose: Provide the court with information about a child’s progress toward adoption or in long-term foster care and whether the child’s placement is in his/her best interest

Review of Court Order – Hearing

Statute: Md Code Ann., Cts & Jud. Pro. 3-823 (c) (1)

Purpose: To allow parties to request a review by the court when there has been a change in circumstances

Standard: Preponderance of evidence. Petitioner has the burden of proof.

Adoption - If the court determines that the permanency plan should be adoption, the court shall order the local department to

  • file a termination of parental rights (TPR) petition within 30 days or within 60 days, if the local department does not support the plan and
  • the hearing on the TPR petition shall be held in lieu of the next 6-month permanency plan review. C&J §3-823(g).

Termination of Parents Rights Hearing

Statute: FL Article 5-313, 317, 322, 323, 525.1 (involving adoption/guardianship)

Purpose: To give children the opportunity to be available for adoption.

Standard: Clear and convincing evidence. Petitioner has the burden of proof.

Cases

In re Damon M., 362 Md. 429, 765 A.2d 624 (January 2001).  An order changing a child’s permanency plan from reunification to foster care or adoption is immediately appealable

In re Norberto C., 133 Md. App. 558, 758 A.2d 637 (August 2000).  The Juvenile Court has an obligation to provide for the delivery of specific services and treatment for a child who as been adjudicated CINA..  The court must evaluate the safety of the child and take necessary measures to protect the child.

In re Adoption/Guardianship Nos. CAA92-10852 and CAA92-10853, 103 Md. App. 1, 651 A.2d 891 (1994)(citing FL Section 5-525(I) holding that once DSS determined that reunification of children with father was not possible, it was required to consider placement of children with his relatives as “next best option”)

In re Danielle B., 78 Md. App. 41, 552 A.2d 570 (1989). Juvenile court judges have broad discretionary powers over CINA matters.  Juvenile court judges have an obligation to monitor cases in order to review, order and enforce the delivery of specific services and treatment for children who have been adjudicated CINA. This obligation flows from the Juvenile Court’s inherent parens patriae jurisdiction. The right to a de novo hearing is waived when an exception is filed before master’s report is served or filed.
Source: "Child in Need of Assistance" training materials from the Office of the Attorney General, Saratoga State Center, Suite 1015, 311 West Saratoga Street, Baltimore, Maryland 21201 - Telephone: (410) 767-7726.  Updated by the Maryland State Law Library (MSLL).

Last date legal review:  9/15/08 (PLL/M.A.J.) Contributions to current edition by Nena Villamar, Office of the Public Defender and Rhonda Lipkin, Legal Aid Bureau, Inc.