LD 1382
pg. 3
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LR 603
Item 1

 
4.__Contents of permanency plan.__A permanency plan for a
child under this section must contain determinations on the
following issues.

 
A. The permanency plan must determine whether and when, if
applicable, the child will be:

 
(1) Returned to a parent. Before the court may enter an
order returning the custody of the child to a parent,
the parent must show that the parent has carried out
the responsibilities set forth in section 4041,
subsection 1-A, paragraph B; that to the court's
satisfaction the parent has rectified and resolved the
problems that caused the removal of the child from home
and any subsequent problems that would interfere with
the parent's ability to care for the child and protect
the child from jeopardy; and that the parent can
protect the child from jeopardy;

 
(2) Placed for adoption, in which case the department
shall file a petition for termination of parental
rights;

 
(3) Cared for by a permanency guardian, as provided in
section 4038-C, or a guardian appointed by the Probate
Court pursuant to Title 18-A, sections 5-206 and 5-207;

 
(4) Placed with a fit and willing relative; or

 
(5) Placed in another planned permanent living
arrangement.__The District Court may adopt another
planned permanent living arrangement as the permanency
plan for the child only after the department has
documented to the court a compelling reason for
determining that it would not be in the best interests
of the child to be returned home, be referred for
termination of parental rights or be placed for
adoption, be cared for by a permanency guardian or be
placed with a fit and willing relative.

 
B.__In the case of a child placed outside the state in which
the parents of the child live, the permanency plan must
determine whether the out-of-state placement continues to be
appropriate and in the best interests of the child.

 
C.__In the case of a child who is 16 years of age or older,
the permanency plan must determine the services needed to
assist the child to make the transition from foster care to
independent living.


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