Sec. 07.02.11.21. Voluntary Placement Hearings

A. Children with Disabilities Voluntary Placements.

(1) A local department may not seek legal custody of a child under a voluntary placement agreement if:

(a) The child has a developmental disability or a mental illness; and

(b) The purpose of the voluntary placement agreement is to obtain treatment or care related to the child's disability that the parent is unable to provide.

(2) If a child needs to remain in out-of-home placement over 180 calendar days, the local department that placed a child pursuant to a children with disabilities voluntary placement agreement shall file a petition to request a voluntary placement hearing in a timely manner so as to obtain, before the 180th calendar day in voluntary placement or prior to the child's 18th birthday, a judicial determination that continuation of the voluntary placement is in the best interest of the child.

(3) At the voluntary placement hearing, the local department shall be prepared to address:

(a) Whether continuation of the placement is in the child's best interests;

(b) Whether reasonable efforts have been made to reunify the child with the family or place the child in a timely manner in accordance with the child's permanency plan;

(c) What supports and services will be needed for the child to remain in the family home if the voluntary placement is terminated;

(d) Whether the voluntary placement agreement should be amended to better address the needs of the child; and

(e) Whether there are outstanding issues concerning the care, safety, protection, and mental and physical development of the child for which the court may find it is necessary to order the local department to file a CINA petition.

B. Enhanced After Care.

(1) If the local department and youth agree that the voluntary placement shall continue after 180 calendar days from the signing of the voluntary placement agreement, the local department shall file a petition with the juvenile court before the 180th day, requesting a review of the voluntary placement.

(2) Before the 180th calendar day, the local department shall obtain a finding from the court that continuation of the placement is in the best interests of the youth.