A judge may remove a child from the child’s home with or without a hearing if the state demonstrates that the child is in imminent danger. If a child is removed without a hearing, there must be a hearing within 10 days after removal.
An adjudication hearing is to determine if a child is in fact a child in need of assistance within the meaning of the law.
The disposition hearing is to determine the type of services necessary to help the child and the parents improve the situation.
The court will hold a review hearing at least every six months to review the progress of the parents, the condition of the child, and the placement of the child if the child was removed from the child’s parents.
A permanency hearing is held within 12 months of the date a child is removed from the home. At a permanency hearing, the court may do any of the following:
- Enter an order to return the child to the child’s home.
- Enter an order to continue placement of the child for an additional six (6) months, at which time the court will hold a hearing to consider modification of its permanency order.
- Direct the county attorney or the attorney for the child to begin proceedings to terminate the parent-child relationship.
- Transfer guardianship and custody of the child to a suitable person.
- Transfer sole custody of the child from one parent to another parent.
- Transfer custody of the child to a suitable person for the purpose of long-term care.
- Order long-term foster care placement for the child in a licensed foster care home or facility.
A juvenile judge may enter an order to terminate the parental rights of one or both parents if uniting the child and parent(s) is not a safe option. Termination of parental rights makes a child eligible for adoption by others.