Idaho > Statewide > District Court > Child Protection Act
Order Regarding Permanency Plan - Idaho
| Order Regarding Permanency Plan Form. This is a Idaho form and can be used in Child Protection Act District Court Statewide . |
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Order Regarding Permanency Plan1 IN THE DISTRICT COURT OF THE ^^^^^ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ^^^^^ IN THE MATTER OF: ) ) ) ) ) ) [A Child][Children] Under Eighteen ) Years of Age.__________________________ ) Case No. ^^^^^ ORDER REGARDING PERMANENCY PLAN This case came before the court on _____________________________, for a permanency hearing pursuant [Idaho Code § 16-1620][Idaho Code § 16-1622(4)]. The court makes the following findings of fact, conclusions of law, and order, based on the record at the hearing. 1.2 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: ___________________________________. [OPT] d. The following parents and/or legal guardian of the child have not appeared, the court file does not show that service of process has been completed, and further efforts to identify, locate, and serve these persons are necessary: _______ ORDER REGARDING PERMANENCY PLAN PAGE 1 American LegalNet, Inc. www.FormsWorkflow.com _______________________________________________________________________. [OPT] e.3 The child is not an Indian child [children are not Indian children] within the meaning of the Indian Child Welfare Act, 25 U.S.C. §§ 1901- 963. [ALT] e. The child is an Indian child [children are Indian children] within the meaning of the Indian Child Welfare Act, 25 U.S.C. §§ 1901-1963. The child is a member [children are members] or is [are] eligible for membership in the __________ Tribe. [The court file contains proof that notice has been given to the Indian custodian, Indian Tribe, or Secretary of the Interior, as required by the Act.] [The court file does not contain proof that notice has been given in accordance with the Indian Child Welfare Act; further efforts are necessary to serve process in accordance with the Act and to document completion of service in the court's file.] [ALT] e. At the present time, it cannot be determined whether the child is an Indian child [children are Indian children] within the meaning of the Indian Child Welfare Act, 25 U.S.C. §§ 1901-1963. Further efforts are necessary to determine whether the child is an Indian child [children are Indian children]. 2.4 The permanency plan is [approved] [approved with the following modifications: ________________________________________________________.] a.5 months. [ALT] a. The child has [children have] been in state custody and placed outside the home The child has [children have] not been in state custody for 15 of the last 22 for 15 of the last 22 months. The presumption that termination of parental rights is in the best interest of the child [children], set forth in Idaho Code §16-1629(9) has not been rebutted, and ORDER REGARDING PERMANENCY PLAN PAGE 2 American LegalNet, Inc. www.FormsWorkflow.com the state will file its petition to terminate parental rights by ____________________. The court makes this finding based upon the following: ________________________________________ ____________________________________________________________________________.] [ALT] a. The child has [children have] been in state custody for 15 of the last 22 months. The presumption that termination of parental rights is in the best interest of the child [children], set forth in Idaho Code §16-1629(9) has been rebutted. The court makes this finding based upon the following: _______________________________________________________________.] [OPT] b. The permanency plan for [the child] [the children] [the following child: ________ ____________________] [the following children: ____________________________________] is long-term foster care. There are compelling reasons why termination and adoption, guardianship, or long-term placement with a relative is not in the best interest of the child [children]. The court makes this finding based upon the following: _______________________ ____________________________________________________________________________.6 [ALT] 2. The permanency plan is rejected. The permanency plan is insufficient in the following respects: __________________________________________________ _____________________________________________________________________. 3.7 This order is based upon the information set forth in ______________, prepared by ___________________, and dated _______________, which is incorporated by reference in this order. [ALT] 3. The court finds and concludes as follows: ______________________________ _____________________________________________________________________. ORDER REGARDING PERMANENCY PLAN PAGE 3 American LegalNet, Inc. www.FormsWorkflow.com [OPT] 3. This order is entered consistent with the stipulation of the parties. The court finds that all parties entered into the agreement knowingly and voluntarily, that the agreement is in the best interests of the child[children], and that the stipulation has a reasonable basis in fact. 4. 8 a. The Idaho Department of Health and Welfare has made reasonable efforts to finalize a permanency plan for the child [children]. b. The court makes this finding based on the information set forth in _________________, prepared by ________________, and dated _______________, which is incorporated by reference in this order. [ALT] b. Specifically, the court finds and concludes as follows: _________ _____________________________________________________________________. [ALT] 4. At this time, the evidence is insufficient to support a finding that the Idaho Department of Health and Welfare has made reasonable efforts to finalize a permanency plan for the child [children]. The following further efforts, or further evidence of the department's efforts, is necessary to support a finding that the department has made reasonable efforts to finalize a permanency plan for the child [children] : ___________________________________ _____________________________________________________________________________. 5. 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
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