§ 260C.712 — Ongoing Reviews and Permanency Hearing Requirements
Plain-Language Summary
This section requires the social services agency to keep justifying a child's placement in a qualified residential treatment program for as long as it lasts. At each administrative review, court review, and permanency hearing, the agency must submit evidence showing that the child's needs still cannot be met in a family foster home, that the program is the most appropriate care in the least restrictive setting, and that the placement fits the child's permanency goals. The agency must also document how the child's treatment needs are met, how long treatment is expected to last, and its efforts to prepare the child to return home or move to a relative, guardian, adoptive parent, or foster family, plus compelling reasons for any out-of-state placement.
260C.712 ONGOING REVIEWS AND PERMANENCY HEARING REQUIREMENTS.
As long as a child remains placed in a qualified residential treatment program, the responsible social services agency shall submit evidence at each administrative review under section 260C.203; each court review under sections 260C.202, 260C.203, 260C.204, 260D.06, 260D.07, and 260D.08; and each permanency hearing under section 260C.515, 260C.519, 260C.521, or 260D.07 that:
(1) demonstrates that an ongoing assessment of the strengths and needs of the child continues to support the determination that the child’s needs cannot be met through placement in a family foster home;
(2) demonstrates that the placement of the child in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment;
(3) demonstrates how the placement is consistent with the short-term and long-term goals for the child, as specified in the child’s permanency plan;
(4) documents how the child’s specific treatment or service needs will be met in the placement;
(5) documents the length of time that the agency expects the child to need treatment or services;
(6) documents the responsible social services agency’s efforts to prepare the child to return home or to be placed with a fit and willing relative, legal guardian, adoptive parent, or foster family; and
(7) if the child is placed in a qualified residential treatment program out of state, documents the compelling reasons for placing the child out of state, and the reasons that the child’s needs cannot be met by an in-state placement.
History:
1Sp2020 c 2 art 5 s 90; 2021 c 30 art 10 s 47
**NOTE: **A transfer of a power or responsibility in this chapter to the Department of Children, Youth, and Families is effective upon notice of the commissioner of children, youth, and families to the commissioners of administration, management and budget, and other relevant departments along with the secretary of the senate, the chief clerk of the house of representatives, and the chairs and ranking minority members of the relevant legislative committees and divisions. Laws 2024, chapter 80, article 8, section 72, Laws 2023, chapter 70, article 12, section 30.
History: History: 1Sp2020 c 2 art 5 s 90; 2021 c 30 art 10 s 47