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Accessing Services for Families in Need - page 9 / 120

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Statutory Provisions, cont’d. no requirement that VS be temporary

(d) (1) ten months after admitting a child and annually thereafter if the child remains in the custody of the commissioner and remains placed in a foster home or a facility, the commissioner shall file a motion for review of a permanency plan; hearing within 30 days with notice given.

(d)(2) At the permanency plan hearing, the court shall approve a permanency plan that is in the best interests of the child and takes into consideration the child’s need for permanency.  “Health and safety of the child shall be of paramount concernin formulating the plan.  Court must consider

(A) the appropriateness of the department’s plan for service;

(B) the treatment and support services that have been offered and provided to the child to strengthen and reunite the family;

(C) if return home is not likely, the efforts that have been made or should be made to evaluate and plan for other modes of care;

(D) any further efforts which have been or will be made to promote the best interests of the child.

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