Rule 218.Permanency hearing. (twelve months*)

The hearing at which a child's future stops being provisional.

When. It may be held on any party's motion or scheduled by the court, but in no event later than 12 months from the time the child entered foster care as Rule 210 defines that date. It must also be held within 30 days of a judicial determination that DSCYF is not obliged to pursue reunification — unless the requirements of a permanency hearing were already met at the hearing where that determination was made.

Both triggers point the same way. Once reunification is off the table, the question of what happens instead cannot wait for the annual date.

The child is consulted. At the hearing, or through a separate interview under the statute, the court consults the child about the permanency plan in an age appropriate manner, which may include consultation with and representations from the child's guardian ad litem or CASA.

A child whose life is being decided is asked what they think of the plan. The separate-interview alternative matters: a child may say things to a judge in chambers that they will not say in front of their parents.

The findings. The court determines, in a written order, whether DSCYF has made reasonable efforts to finalise the plan in effect, weighing nine considerations: whether the current plan should continue, a new plan be adopted or a concurrent plan pursued; the child's safety; the appropriateness of the placement; the child's educational, medical and mental health needs; where the plan is reunification, compliance with the case plan by the parent and the provision of services by DSCYF; progress toward alleviating the causes of placement; the compelling reason DSCYF must document if it concludes that another planned permanent living arrangement is the most appropriate plan, having considered reunification, adoption, guardianship and permanent guardianship; the projected date of safe return or permanent placement; and whether independent living services should be and are being provided under Rule 222.

Changing the plan. The court considers any motion filed under Rule 213 to change the plan, choosing among the options in Rule 216.

If reunification survives. Where the permanency hearing continues a plan of reunification, the court schedules a review hearing within 90 days. A decision to keep working toward a child's return comes with a date to check whether it is working.