Idaho > Statewide > District Court > Child Protection Act
Order Regarding Case Plan - Idaho
| Order Regarding Case Plan Form. This is a Idaho form and can be used in Child Protection Act District Court Statewide . |
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Order Regarding Case Plan IN THE DISTRICT COURT OF THE ^^^^^ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ^^^^^ IN THE INTEREST OF: ) Case No. ) ) ORDER REGARDING CASE PLAN ) ) ) [A Child][Children] Under Eighteen ) Years of Age ) This case came before the court on _____________________________, for a planning hearing pursuant to the Child Protective Act, Idaho Code Title 16, chapter 16. The court makes the following findings of fact, conclusions of law, and order, based on the record at the hearing. 1. a. The following parties were present for the hearing, represented by the following counsel: ___________________________________________________ _____________________________________________________________________. b. The following parties were not present for the hearing: _________ _____________________________________________________________________. c. The file shows that notice was given to ______________________ [the absent party] in the following manner: ___________________________________. odifications: _____________________________________________________________________.] [ALT] 2. The case plan is rejected. The case plan is insufficient in the following respects: _____________________________________________________________ _____________________________________________________________________. 3. This order is entered based upon the following. a. This order is entered consistenwith the stiput lation of the parties. The court finds that all parties entered into the agreemt knowingly and voluntarily, and en that the stipulation has areasonable basis in fact. b. This order is based upon the information set forth in ______________, prepared by ___________________, and dated _______________, which is incorporated by reference in this order. c. Specifically, the court finds and concludes as follows: _____________________________________________________________________ _____________________________________________________________________. Order Regarding Case Plan Page 1 <<<<<<<<<********>>>>>>>>>>>>> 2 4. a. IDHW and all parties will comis incorporated by refereply with [the case plan] [the case nce in this order. Failure to comply with the plan may result in a finding of contempt, which is punishable by up to five days in jail and a fine of up to $1000.00. The parents [parents] failure to comply with the plan could result in the filing of a petition to terminate parental rights. b. A review hearing is scheduled for [date, time, and location.] At the review hearing, the court will review the parties progress on the plan, and determine whether any modifications need to be made to the plan. IDHW and the GAL will prepare written reports as to the parties progress on the plan, including any suggested modifications to the plan. The petitioner and the GAL will file the report with the court and serve copies of the report on the parties at least five days prior to the review hearing. [ALT] 4. a. This planning hearing is continued to [date, time and location]. b. IDHW is ordered to prepare a new case plan. The new plan will address the problems identified in paragraph 3 above. The petitioner will file the plan with the court and serve copies of the plan on the parties, at least fve days prior to the i hearing. 5. [Other] DATED this _____ day of ____________________, 20___. ______________________________ Magistrate Judge NOTES: 1. The Case Plan and Planning Hearing are governed by Idaho Code 16-1610. Permanency Planning is discussed in Chapter VI of the Idaho Child Protection Manual . Chapter VI of the Manual also contains a detailed discussion of the permanency planning process. The Planning Hearing including the key decisions that must be made by the court and the courts order are discussed in the manual at VI.B. 2. The Idaho Juvenile Rules have not yet been revised to conform to the 2001 revisions of the Child Protective Act. However, IJR 40(d) addresses the case plan. IJR 48 addresses the necessity of permanency planning 3. Regarding paragraph 1: If a parent, guardian or other custodian fails to appear, the order should include findings that notice was served on the person who failed to appear. 4. Regarding paragraph 2: Order Regarding Case Plan Page 2 <<<<<<<<<********>>>>>>>>>>>>> 3 In determining whether to approve, modify, or reject the case plan, the court should consider: ___ Whether the current foster care placement is the least disruptive environment and most family-like setting that meets the needs of the child. ___ Whether the plan identifies services to be provided to the child and the foster family, including services to identify and meet any special educational, emotional, physical, or developmental needs of the child, to assist the child in adjusting to the pcemla ent, or to ensure the stability of the placement. ___ Whether the reunification plan identifies all issues that need to be resolved before the child can safely be returned home, without agency supervision. ___ Whether the reunification plan specifically identifies the tasks to be completed by the agency, the parents or others to address each issue, including services to be made available by the agency to the parents and in which the parents are to be required to participate, and deadlines for completion of each task. ___ Whether the reunification plan includes appropriate terms for visitation and child support. ___ Whether the alternative permanency plan addresses all options for permanent placement of the child. ___ Whether the alternative permanency plan assesses the advantages and disadvantages of each option, in lig of the childs best interest. ht ___ Whether the recommended option is in the childs best interest. ___ Whether the alternative permanency plan specifically identifies the actions necessary to implement the recommended option, and deadlines for those actions. ___ Whether the alternative permanency plan addresses options for maintaining the childs connection to the community, including individuals with a significant relationship to the child, organizations or community activities with whom the child has a significant connection. ___ What further efforts are needed to finalize the alternative permanency plan, or to implement the plan. ___ What further efforts are needed to address any element of the case plan. Where legal custody of the child is vested in IDHW, the court should inquire regarding IDHWs proposed placement for the child, to ensure that it will be the least di
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