Permanency

Permanency K.S.A. 38-2202 (w) “Permanency goal” means the outcome of the permanency planning process which may be reintegration, adoption, appointment of a permanent custodian or another planned permanent living arrangement.

Permanency Planning K.S.A. 38-2263. Permanency planning. “(a) The goal of the permanency planning is to assure, in so far as is possible, that children have permanency and stability in their living situations and that the continuity of family relationships and connections is preserved. In planning for permanency, the safety, and well- being of the children shall be paramount.”

Permanency Planning (cont.) The initial permanency planning (also referred to as the case plan) “shall be developed for the child and submitted to the court within 30 days of the initial order of the court.” Prepared by the secretary, agency, or person having custody. Typically adopted by the court at either the adjudication or dispositional hearings, there is a place on both JE forms to mark accepting the permanency plan.

Permanency Planning (cont.) The PP is preferably written with the assistance of the parent and describes the permanency goal of the case at hand which will most likely result in a permanent and safe placement for the child(ren). Specifics for a PP are sited in KSA 38-2263 (c). a. describes child(ren)'s level of physical, mental and emotional health b. assesses the needs of child(ren) and family c. describes services for child(ren), parents and foster parents as appropriate d. describes tasks and responsibilities for the aforementioned e. includes measurable objectives and time frames

Permanency Planning (cont.) if child(ren) is in OOH placement PP must include a plan for reintegration (or a viable alternative). If not reintegration, the court must find on the record a basis for an alternative plan. Other alternatives include adoption, permanent custodianship, APPLA.

38-2257. Permanency planning at disposition "If a child is placed outside the child's home at the dispositional hearing (or prior) and no permanency plan is made a part of the record of the hearing, a written permanency plan shall be prepared pursuant to K.S.A. 38-2263 and amendments thereto." A finding of reasonable efforts must be made regarding the acceptance by the court after adopting the permanency plan. To make a finding that the Court accepts the permanency plan. Permanency plan may be titled "Case plan" but essentially it is the plan of the case, reintegration, adoption, APPLA, guardianship.

KSA 38-2264. Permanency hearing "(a) A permanency hearing is a proceeding conducted by the court ... for the purpose of determining progress toward accomplishment of a permanency plan established under KSA 38- 2263.” The court must make a finding that reasonable efforts have been made by appropriate agencies to rehabilitate the family and achieve the permanency goal. A permanency hearing shall be held within 12 months of the date the court authorized the child's removal from the home and not less frequently than every 12 months thereafter.

Permanency Hearing (cont.) if the court determines, at any time other than during a permanency hearing, that reintegration may not be a viable alternative for the child, a permanency hearing shall be held no later than 30 days following that determination. This coincides with the filing of a motion to terminate parental rights which shall be filed within 30 days of such a finding of reintegration is no longer viable. Court finds reintegration no longer viable THEN prosecutor shall file a motion to terminate or appoint a permanent custodian within 30 days THEN the court shall set a termination hearing with in 90 days from the motion to terminate.

Reintegration is no longer a viable goal If reintegration is no longer a viable option, the court must find: Whether the child is in a stable placement with a relative; Whether services set out in the case plan necessary for a safe return of the child have been made available to the parent with whom reintegration was planned; and Whether adoption or permanent custodianship might be in the best interest of the child and the county/district attorney or designee should file a pleading to terminate parental rights or a pleading to establish a permanent custodianship within 30 days; or Permanent custodianship and adoption have been considered, but are not in the child’s best interest at this time, and a new plan should be prepared and submitted to the court with measurable goals, objectives, and time frames to achieve another planned permanent living arrangement. If the court enters an order terminating parental rights to a child or an agency has accepted a relinquishment pursuant to K.S.A. 59-2124, and amendments thereto, the requirements for permanency hearings shall continue until an adoption or appointment of a permanent custodian has been accomplished.

Permanency in Juvenile offender cases KSA 38-2365(b) CM shall prepare a PP and submit to the court within 30 days of OOH placement, (temp JS custody or JS custody, for placement OOH, YRCII or PRTF, foster home) PP hearing shall be heard every 12 months while the juvenile is OOH KSA 38-2361(a)(12) Court receives notice of release 21 days prior to release of juvenile from JCF. Court must have permanency hearing within seven days of release, and every 12 months thereafter that the juvenile remains in JS custody.

Resources “Making it Permanent,” Cecilia Fiermonte and Jennifer Renne, ABA “Achieving Permanency for Adolescents: A Guide for Legal Professionals,” ABA “Learning Curves: Education Advocacy for Children in Foster Care,” Kathleen M. McNaught, ABA

Permanency Measurement How are we doing? The Administration for Children and Families requires states to monitor their performance in the area of permanency. Permanency Measurement National Standard Statewide Performance Permanency of children in care 24 months or longer 25.0% 32.6% Permanency for all children with TPR (SFY 2015) 96.8% 91.2% Permanency for all Children in Care 3+ Years (SFY2015) 47.8% 32.8% Data from Kansas Department for Children and Families FACTS