41-3-1014. Dispositional review hearing by district court. (1) The district court shall conduct a dispositional review hearing within 18 months after the original placement and conduct a review hearing periodically during the continuation of foster care. Unless good cause otherwise is shown, the district court shall conduct a dispositional review hearing at any time upon the request of the department of public health and human services, an agency directly responsible for care or placement of the child, a parent whose parental rights have not been terminated, an attorney for the child, a court-appointed special advocate, or a local citizen review board. The district court shall schedule the hearing as soon as possible after receiving a request.
     (2) The court may order that the child or any other person be present during the hearing.
     (3) The court shall notify the parties listed in subsection (1) and any other interested parties of the hearing. The notice must state the time and place of the hearing. Upon request of the district court, the department of public health and human services or other legal custodian of the child shall provide the district court with information concerning the whereabouts and identity of the parties.
     (4) The district court shall enter an order within 20 days after the review hearing. If the child is in foster care, the order must include a determination of:
     (a) whether the child should be returned to the parent;
     (b) whether the child should be placed for adoption;
     (c) whether the child should continue in foster care for a specified period; or
     (d) whether, because of special needs or circumstances, the child should be placed in the permanent custody or guardianship of a responsible relative or other individual or should continue in foster care on a permanent or long-term basis.
     (5) If the court determines that the child must be placed or must continue in foster care or must be placed in the custody or guardianship of a responsible relative or other individual, the district court shall enter written findings specifying why placement with parents or adoption is not appropriate. If the current placement is not expected to be permanent, the district court shall specify a projected timetable for return of the child to the child's home or for permanent placement. If the timetable set forth by the district court is not met, the department of public health and human services shall promptly notify the district court and the parties.
     (6) In the course of the dispositional review hearing, the district court may determine the adequacy of and compliance with the case plan and case progress report. In addition to other orders, the district court may:
     (a) order the department of public health and human services to develop or to expand a case plan or case progress report that must be submitted within 10 days after the hearing;
     (b) set a court hearing at a specific later time;
     (c) direct the local citizen review board to review the status of the child prior to its next review, as provided in 41-3-1010;
     (d) order the department of public health and human services or other agency directly responsible for the child to modify the care, placement, or supervision of the child; and
     (e) determine whether the department of public health and human services or other agency directly responsible for the child has made reasonable efforts to reunify the family.
     (7) The dispositional review hearing must be conducted in the manner provided in 41-3-406.
     (8) Any decision of the district court made pursuant to the dispositional review hearing is a final order for the purposes of 41-3-406.

     History: En. Sec. 14, Ch. 610, L. 1993; amd. Sec. 9, Ch. 386, L. 1995; amd. Sec. 181, Ch. 546, L. 1995.