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REFERENCE TITLE: dependent children; proceedings |
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State of Arizona Senate Fifty-first Legislature First Regular Session 2013
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SB 1303 |
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Introduced by Senators Lopez, Bradley, Gallardo: Jackson Jr., Landrum Taylor, Tovar
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AN ACT
Amending sections 8-533, 8-824, 8-829, 8-843, 8-845, 8‑846, 8-847 and 8‑862, Arizona Revised Statutes; relating to dependent children.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-533, Arizona Revised Statutes, is amended to read:
8-533. Petition; who may file; grounds
A. Any person or agency that has a legitimate interest in the welfare of a child, including, but not limited to for example, a relative, a foster parent, a physician, the department of economic security or a private licensed child welfare agency, may file a petition for the termination of the parent‑child relationship alleging grounds contained in subsection B of this section.
B. Evidence sufficient to justify the termination of the parent‑child relationship shall include any one of the following, and in considering any of the following grounds, the court shall also consider the best interests of the child:
1. That the parent has abandoned the child.
2. That the parent has neglected or wilfully abused a child. This abuse includes serious physical or emotional injury or situations in which the parent knew or reasonably should have known that a person was abusing or neglecting a child.
3. That the parent is unable to discharge parental responsibilities because of mental illness, mental deficiency or a history of chronic abuse of dangerous drugs, controlled substances or alcohol and there are reasonable grounds to believe that the condition will continue for a prolonged indeterminate period.
4. That the parent is deprived of civil liberties due to the conviction of a felony if the felony of which that parent was convicted is of such nature as to prove the unfitness of that parent to have future custody and control of the child, including murder of another child of the parent, manslaughter of another child of the parent or aiding or abetting or attempting, conspiring or soliciting to commit murder or manslaughter of another child of the parent, or if the sentence of that parent is of such length that the child will be deprived of a normal home for a period of years.
5. That the potential father failed to file a paternity action within thirty days of completion of service of notice as prescribed in section 8‑106, subsection G.
6. That the putative father failed to file a notice of claim of paternity as prescribed in section 8‑106.01.
7. That the parents have relinquished their rights to a child to an agency or have consented to the adoption.
8. That the child is being cared for in an out‑of‑home placement under the supervision of the juvenile court, the division or a licensed child welfare agency, that the agency responsible for the care of the child has made a diligent effort to provide appropriate reunification services and that one of the following circumstances exists:
(a) The child has been in an out‑of‑home placement for a cumulative total period of nine months or longer pursuant to court order or voluntary placement pursuant to section 8‑806 and the parent has substantially neglected or wilfully refused to remedy the circumstances that cause the child to be in an out‑of‑home placement.
(b) The child who is under three years of age has been in an out‑of‑home placement for a cumulative total period of six months or longer pursuant to court order and the parent has substantially neglected or wilfully refused to remedy the circumstances that cause the child to be in an out-of-home placement, including refusal to participate in reunification services offered by the department.
(c) The child has been in an out‑of‑home placement for a cumulative total period of fifteen months or longer pursuant to court order or voluntary placement pursuant to section 8‑806, the parent has been unable to remedy the circumstances that cause the child to be in an out‑of‑home placement and there is a substantial likelihood that the parent will not be capable of exercising proper and effective parental care and control in the near future.
9. That the identity of the parent is unknown and continues to be unknown following three months of diligent efforts to identify and locate the parent. Diligent efforts shall be shown by documenting attempts to locate a parent in a county jail, correctional facility or United States department of homeland security authorized detention facility or in another country by a deportation order.
10. That the parent has had parental rights to another child terminated within the preceding two years for the same cause and is currently unable to discharge parental responsibilities due to the same cause.
11. That all of the following are true:
(a) The child was cared for in an out‑of‑home placement pursuant to court order.
(b) The agency responsible for the care of the child made diligent efforts to provide appropriate reunification services.
(c) The child, pursuant to court order, was returned to the legal custody of the parent from whom the child had been removed.
(d) Within eighteen months after the child was returned, pursuant to court order, the child was removed from that parent's legal custody, the child is being cared for in an out‑of‑home placement under the supervision of the juvenile court, the division or a licensed child welfare agency and the parent is currently unable to discharge parental responsibilities.
C. Evidence considered by the court pursuant to subsection B of this section shall include any substantiated allegations of abuse or neglect committed in another jurisdiction.
D. In considering the grounds for termination prescribed in subsection B, paragraph 8 or 11 of this section, the court shall consider the availability of reunification services to the parent and the participation of the parent in these services. In determining whether the parent has substantially neglected or wilfully refused to participate in reunification services, the court shall consider mitigating factors that include the parent's incarceration, detention by the United States Department of Homeland Security, deportation to another country or participation in a residential substance abuse treatment program and the timeliness of diligent efforts made by the department of economic security to locate the parent and provide appropriate reunification services.
E. In considering the grounds for termination prescribed in subsection B, paragraph 8 of this section, the court shall not consider the first sixty days of the initial out‑of‑home placement pursuant to section 8‑806 in the cumulative total period.
F. The failure of an alleged parent who is not the child's legal parent to take a test requested by the department or ordered by the court to determine if the person is the child's natural parent is prima facie evidence of abandonment unless good cause is shown by the alleged parent for that failure.
G. Except in circumstances prescribed in section 8‑846, the court may extend court ordered reunification services for not more than six months after the time periods prescribed in subsection B, paragraph 8 of this section. The court shall extend the time period only if reasonable services have not been provided to the child's parent. The court must specify the factual basis for making this determination. In determining whether court ordered reunification services may be extended, the court shall consider the following:
1. The timeliness of the diligent efforts made by the department to locate the parent and provide appropriate reunification services.
2. Good faith efforts the parent has made to maintain contact with the child.
3. Special circumstances, including barriers to the parent's access to services and ability to maintain contact with the child because the parent:
(a) Is incarcerated except under circumstances prescribed in subsection B, paragraph 4 of this section.
(b) Is in a residential substance abuse treatment program.
(c) Has been arrested and issued an immigration hold, detained by the United States department of homeland security or deported to another country.
Sec. 2. Section 8-824, Arizona Revised Statutes, is amended to read:
8-824. Preliminary protective hearing; probable cause; appointment of counsel
A. The court shall hold a preliminary protective hearing to review the taking into temporary custody of a child pursuant to section 8‑821 not fewer than five days nor more than seven days after the child is taken into custody, excluding Saturdays, Sundays and holidays. If clearly necessary to prevent abuse or neglect, to preserve the rights of a party or for other good cause shown, the court may grant one continuance that does not exceed five days.
B. The following persons shall be present at the preliminary protective hearing:
1. The child's parents or guardian, unless they cannot be located or they fail to appear in response to the notice.
2. Counsel for the parents if one has been requested or retained.
3. The child's guardian ad litem or attorney.
4. The protective services worker.
5. Counsel for the protective services worker.
C. If the court finds that it is in the best interests of the child, the court may allow the following to be present at the preliminary protective hearing:
1. The child.
2. Any relative or other interested person with whom the child is or might be placed as described in section 8‑845, subsection A.
3. Witnesses called by the parties.
4. An advocate or interested person as requested by the parent or guardian.
5. Other persons who have knowledge of or an interest in the welfare of the child.
D. At the hearing, the court shall advise the parent or guardian of the following rights:
1. The right to counsel, including appointed counsel if the parent or guardian is indigent.
2. The right to cross‑examine all witnesses who are called to testify against the parent or guardian.
3. The right to trial by court on the allegations in the petition.
4. The right to use the process of the court to compel the attendance of witnesses.
E. At the hearing, the court:
1. Shall receive a report of any agreement reached pursuant to section 8‑823, subsection D. The report may be made orally.
2. Shall provide an opportunity for the child's parent or guardian, if present, and any other person who has relevant knowledge, to provide relevant testimony.
3. May limit testimony and evidence that is beyond the scope of the removal of the child, the child's need for continued protection, placement, visitation and services to be provided to the child and family.
4. May take into consideration as a mitigating factor the participation of the parent or guardian in the healthy families program established by section 8‑701.
5. Shall take into consideration as a mitigating factor the availability of reasonable services to the parent or guardian to prevent or eliminate the need for removal of the child and the effort of the parent or guardian to obtain and participate in these services.
6. Shall inform the child's parent or guardian that the hearing may result in further proceedings to terminate parental rights.
7. Shall order the parent or guardian to provide the court with the names, the type of relationship and all available information necessary to locate persons who are related to the child or who have a significant relationship with the child. If there is not sufficient information available to locate a relative or person with a significant relationship with the child, the parent or guardian shall inform the court of this fact. The court shall further order the parent or guardian to inform the department immediately if the parent or guardian becomes aware of information related to the existence or location of a relative or person with a significant relationship to the child.
8. Shall inform the parent that substantially neglecting or wilfully refusing to remedy the circumstances that cause the child to be in an out‑of‑home placement, including refusing to participate in reunification services, is grounds for termination of parental rights to a child.
9. Shall give paramount consideration to the health and safety of the child.
10. Shall determine whether the department is attempting to identify and assess placement of the child with a grandparent or another member of the child's extended family including a person who has a significant relationship with the child.
11. Shall inform a foster parent, a preadoptive parent or a member of the child's extended family with whom the department has placed the child of the right to be heard in any proceeding to be held with respect to the child.
F. The petitioner has the burden of presenting evidence as to whether there is probable cause to believe that continued temporary custody is clearly necessary to prevent abuse or neglect pending the hearing on the dependency petition.
G. The department must make reasonable efforts to place a child with siblings and, if that is not possible, to maintain frequent visitation or other ongoing contact between all siblings.
H. If the child is in the temporary custody of the department, the department shall submit not later than the day before the hearing a written report to the court and the parties that states:
1. The reasons the child was removed from the parent's or guardian's custody.
2. Any services that have been provided to the child or the child's parent or guardian to prevent removal.
3. The need, if any, for continued temporary custody.
4. The types of service needed to facilitate the return of the child to the custody of the child's parents or guardian.
5. If the child is not placed with a grandparent, whether the child has any relatives or other interested parties as described in section 8‑845, subsection A who may be able and willing to take temporary custody.
6. Any services that are requested by the parent or guardian but that are not provided and the reasons the services were not provided.
7. What efforts the department has made to place siblings together, and if they are not placed together, the specific reasons why this did not occur.
8. If a parent has not been located, what efforts the department has made to locate the parent in a county jail, a correction facility or a United States department of homeland security authorized detention facility or in another country by a deportation order.
8. 9. If the placement of siblings together was not possible for all or any of the siblings, efforts the department has made to facilitate communications among siblings and a proposal for frequent visitation or contact pursuant to subsection G of this section. If frequent visitation or contact with siblings is not recommended, the department shall state the reasons why this would be contrary to the child's or a sibling's safety or well-being.
9. 10. A proposal for visitation with the child's parents or guardian and the results of any visitation that has occurred since the child was removed. The requirements of this paragraph do not apply to a specific parent or guardian if there is a court order relating to a criminal case that prohibits that parent or guardian from contact with the child. Before the department allows visitation it must first determine that there are no court orders relating to any superior court criminal case that prohibit the parent or guardian from contact with the child.
10. 11. A proposed case plan for services to the family. The case plan shall include information, to the extent possible, about a parent's incarceration in a county jail or correctional facility, detention by the United States department of homeland security or deportation to another country during the time that a child of that parent is in out‑of‑home care pursuant to an order of the juvenile court.
I. The parent or guardian shall state whether the parent or guardian admits or denies the allegations in the petition filed pursuant to section 8‑841. If the parent or guardian admits or does not contest the allegations in the petition, the court shall determine that the parent or guardian understands the rights described in subsection D of this section and that the parent or guardian knowingly, intelligently and voluntarily waives these rights.
J. At the hearing, if the child is not returned to the parent or guardian, the court shall:
1. Enter orders regarding the placement of the child pending the determination of the dependency petition and visitation, if any.
2. If a relative is identified as a possible placement for the child, notify the relative of the right to be heard in any proceeding to be held with respect to the child.
3. Determine if the tasks and services set forth in the case plan are reasonable and necessary to carry out the case plan.
Sec. 3. Section 8-829, Arizona Revised Statutes, is amended to read:
8-829. Judicial determinations; timing; documentation
A. If a child has been removed from the child's home, the court shall make protecting the child from abuse or neglect the first priority and shall make the following determinations within the following time periods:
1. In the court's first order that sanctions the removal, whether continuation of the child's residence in the home would be contrary to the welfare of the child. This order may be the temporary order that the court issues on the filing of a dependency petition.
2. At the preliminary protective hearing, whether the department made attempts to identify and assess placement with the child's grandparent or another member of the child's extended family including a person who has a significant relationship with the child.
3. Within sixty days after the child is removed from the child's home, whether reasonable efforts have been made to prevent removal of the child or whether it was reasonable to make no efforts to prevent removal of the child.
4. If the child is not placed with a grandparent or another member of the child's extended family including a person who has a significant relationship with the child within sixty days after the child is removed from the child's home, why such placement is not in the best interests of the child. The petitioner has the burden of presenting evidence that such placement is not in the child's best interests at the first court hearing thereafter.
5. Within twelve months after the child is removed from the child's home and once every twelve months thereafter, whether reasonable efforts have been made to finalize the existing permanency plan. The permanency plan shall include information, to the extent possible, about a parent's incarceration in a county jail or correctional facility, detention by the United States department of homeland security or deportation to another country during the time that a child of that parent is in out‑of‑home care pursuant to an order of the juvenile court.
6. If the child is under three years of age, within six months after the child is removed from the child's home, whether reasonable efforts have been made to provide reunification services to the parent and whether a parent of a child who is under three years of age has substantially neglected or wilfully refused to participate in reunification services offered by the department. In determining whether the parent has substantially neglected or wilfully refused to participate in reunification services, the court shall consider mitigating factors that include the parent's incarceration, detention by the United States department of homeland security, deportation to another country or participation in a residential substance abuse treatment program and the timeliness of diligent efforts made by the department to locate the parent and provide appropriate reunification services.
B. The court shall make each determination described in subsection A on a case‑by‑case basis and shall set forth in its written order the specific factual basis for each determination. In making its determination, the court shall consider documentation that is reasonably available at the time of the determination.
Sec. 4. Section 8-843, Arizona Revised Statutes, is amended to read:
8-843. Initial dependency hearing; rights
A. At any dependency hearing, the court's primary consideration shall be the protection of a child from abuse or neglect.
B. At the initial dependency hearing, the court shall ensure that the parent or guardian has been advised of the following rights:
1. The right to counsel, including appointed counsel if the parent or guardian is indigent.
2. The right to trial by the court on the allegations in the petition.
3. The right to cross‑examine all witnesses that are called to testify against the parent or guardian.
4. The right to use the process of the court to compel the attendance of witnesses.
C. If the parent or guardian admits or does not contest the allegations in the petition, the court shall determine that the parent or guardian understands the rights described in subsection A B of this section and that the parent or guardian knowingly, intelligently and voluntarily waives these rights.
D. If the parent or guardian denies the allegations in the petition, the court shall set the settlement conference, pretrial conference or mediation prescribed in section 8‑844.
E. The court shall also determine if reasonable efforts were made to prevent or eliminate the need for removal of a child from the child's home and if services are available that would eliminate the need for continued removal. If the child is:
1. In the custody of the department, the court shall order the department to make reasonable efforts to provide services to the child and parent to facilitate the reunification of the family, except as provided in section 8‑846. These efforts must include providing services to any parent who is incarcerated in a county jail or correctional facility, detained by the United States department of homeland security, deported to another country or participating in a residential substance abuse treatment program.
2. Not in the custody of the department and the department is not a party, the court may direct the parties to participate in reasonable services that will facilitate reunification of the family or another permanent plan for the child. The court shall not require the department to provide services pursuant to this paragraph.
F. Notwithstanding any other provision of this section, the court may stay the proceedings and order in-home intervention as provided in article 7 of this chapter.
Sec. 5. Section 8-845, Arizona Revised Statutes, is amended to read:
8-845. Disposition hearing
A. After receiving and considering the evidence on the proper disposition of the case, the court may enter orders awarding a dependent child as follows:
1. To the care of the child's parents, subject to the supervision of the department of economic security.
2. To a grandparent or another member of the child's extended family including a person who has a significant relationship with the child, unless the court has determined that such placement is not in the child's best interests.
3. To a suitable institution.
4. To an association willing to receive the child.
5. To a reputable citizen of good moral character.
6. To an appropriate public or private agency licensed to care for children.
7. To a suitable school.
8. To supervision under the independent living program established pursuant to section 8‑521.
9. To any adult as a permanent guardian pursuant to article 5 of this chapter.
B. In reviewing the status of the child and in determining its order of disposition, the court shall consider the health and safety of the child as a paramount concern and the following criteria:
1. The goals of the placement and the appropriateness of the case plan.
2. The services that have been offered to reunite the family.
3. If returning the child home is not likely, the efforts that have been or should be made to evaluate or plan for other permanent placement plans.
4. The efforts that have been made or should be made to place the child with the child's siblings or to provide frequent visitation or contact when placement with siblings has not been possible.
C. The court shall review the permanent plan that has been established for the child. In reviewing the status of the child, the court, insofar as possible, shall seek to reunite the family. The status of a parent who is incarcerated in a county jail or correctional facility, participating in a residential substance abuse treatment program, detained by the United States department of homeland security or deported to another country shall not, by itself, prevent the court from seeking to reunite the family. If the court does not order reunification of the family, the court shall order a plan of adoption or another permanent plan that is in the child's best interest and that takes into consideration the placement of the child with siblings or that provides for frequent visitation or contact amongst between siblings unless the court determines that either the placement with the siblings or the visitation or contact would be contrary to the child's or a sibling's safety or well-being.
D. Notwithstanding subsection C of this section, reasonable efforts to place a child for adoption may be made concurrently with reasonable efforts to reunify the family.
Sec. 6. Section 8-846, Arizona Revised Statutes, is amended to read:
8-846. Services provided to the child and family
A. Except as provided in subsections B, and C and D of this section, if the child has been removed from the home, the court shall order the department to make reasonable efforts to provide services to the child and the child's parent. including, to a parent who is incarcerated in a county jail or correctional facility, detained by the United States department of homeland security or deported to another country.
B. The court shall consider the following factors and reunification services are not required to be provided if the court finds by clear and convincing evidence that:
1. One or more of the following aggravating circumstances exist:
(a) A party to the action provides a verified affidavit that states that a reasonably diligent search has failed to identify and locate the parent within three months after the filing of the dependency petition or the parent has expressed no interest in reunification with the child for at least three months after the filing of the dependency petition.
(b) The parent or guardian is suffering from a mental illness or mental deficiency of such magnitude that it renders the parent or guardian incapable of benefitting from the reunification services. This finding shall be based on competent evidence from a psychologist or physician that establishes that, even with the provision of reunification services, the parent or guardian is unlikely to be capable of adequately caring for the child within twelve months after the date of the child's removal from the home.
(c) The child previously has been removed and adjudicated dependent due to physical or sexual abuse. After the adjudication the child was returned to the custody of the parent or guardian and then subsequently removed within eighteen months due to additional physical or sexual abuse.
(d) A child is the victim of serious physical or emotional injury by the parent or guardian or by any person known by the parent or guardian, if the parent or guardian knew or reasonably should have known that the person was abusing the child.
(e) The parent's rights to another child have been terminated, the parent has not successfully addressed the issues that led to the termination and the parent is unable to discharge parental responsibilities.
(f) After a finding that a child is dependent, all of the following are true:
(i) A child has been removed from the parent or guardian on at least two previous occasions.
(ii) Reunification services were offered or provided to the parent or guardian after the removal.
(iii) The parent or guardian is unable to discharge parental responsibilities.
2. The parent or guardian of a child has been convicted of murder or manslaughter of a child, or of sexual abuse of a child, sexual assault of a child, sexual conduct with a minor, molestation of a child, commercial sexual exploitation of a minor, sexual exploitation of a minor, or luring a minor for sexual exploitation.
3. The parent or guardian of a child has been convicted of aiding or abetting or attempting, conspiring or soliciting to commit any of the crimes listed in paragraph 2 of this subsection.
C. The court shall consider any criminal prosecution relating to the offenses which that led to the child's removal from the home and any orders of the criminal court. Information may be provided by law enforcement or the county attorney.
D. If a dependency petition was filed pursuant to section 8-874, subsection J, the court may direct the division not to provide reunification services to the child's parents unless the court finds by clear and convincing evidence that these services would be in the child's best interests.
Sec. 7. Section 8-847, Arizona Revised Statutes, is amended to read:
8-847. Periodic review hearings
A. After the disposition hearing, the court shall hold periodic review hearings at least once every six months as required by federal law.
B. At a proceeding to review the disposition orders of the court, the court shall provide the following persons notice of the review and the right to participate in the proceeding:
1. The authorized agency charged with the child's care and custody.
2. Any foster parents in whose home the child resided within the last six months or resides at present, except for those foster parents who maintain a receiving foster home where the child has resided for ten days or less. The petitioner shall provide the court with the names and addresses of all foster parents who are entitled to notice pursuant to statute.
3. A shelter care facility or receiving foster home where the child resides or has resided within the last six months for more than ten days. The petitioner shall provide the court with the names and addresses of all shelter care facilities and receiving foster homes that are entitled to notice pursuant to this paragraph.
4. The child's parent or guardian unless the parental rights of that parent or guardian have been terminated by court action or unless the parent has relinquished rights to the child to an agency or has consented to the adoption of the child as provided in section 8‑107.
5. The child, if twelve years of age or older.
6. The child's relative, as defined in section 8‑501, if that relative files a written notice of right of participation with the court.
7. A person permitted by the court to intervene as a party in the dependency proceeding.
8. A physical custodian of the child within the preceding six months.
9. Any person who has filed a petition to adopt or who has physical custody pursuant to a court order in a foster‑adoptive placement.
10. Any other person as the court may direct.
C. At the first periodic review hearing, the court shall consider whether a parent of a child who is under three years of age has substantially neglected or wilfully refused to participate in reunification services offered by the department. In determining whether the parent has substantially neglected or wilfully refused to participate in reunification services, the court shall consider mitigating factors that include the parent's incarceration, detention by the United States Department of Homeland Security, deportation to another country or participation in a residential substance abuse treatment program.
D. At any periodic review hearing, the court shall consider the health and safety of the child as a paramount concern.
E. At any periodic review hearing the court shall determine:
1. Whether the department has identified and assessed placement of the child with a relative or person who has a significant relationship with the child.
2. Whether the parent or guardian has complied with the court order pursuant to section 8-824, subsection D E, paragraph 6 7 or section 8-842, subsection B, paragraph 1.
F. If the court finds that a child is no longer dependent, before it dismisses the proceeding the court shall provide notice of the sibling information exchange program established pursuant to section 8‑543 to the following:
1. An adult who is the former dependent child in the proceeding for whom the periodic review hearing is held.
2. A parent or guardian with legal custody of the former dependent child for whom the periodic review hearing is held.
Sec. 8. Section 8-862, Arizona Revised Statutes, is amended to read:
8-862. Permanency hearing
A. The court shall hold a permanency hearing to determine the future permanent legal status of the child:
1. Within thirty days after the disposition hearing if the court does not order reunification services.
2. Within six months after a child who is under three years of age is removed from the child's home. The court shall not continue that permanency hearing beyond six months after the child who is under three years of age is removed from the child's home unless the party who is seeking the continuance shows that the determination prescribed in section 8‑829, subsection A, paragraph 6 has been made or will be made within the time prescribed in that paragraph.
3. In all other cases, within twelve months after the child is removed from the child's home. The court shall not continue the permanency hearing beyond twelve months after the child is removed from the child's home unless the party who is seeking the continuance shows that the determination prescribed in section 8‑829, subsection A, paragraph 5 has been made or will be made within the time prescribed in that paragraph.
B. At the permanency hearing, the court shall determine:
1. Whether termination of parental rights, adoption, permanent guardianship pursuant to section 8‑872 or some other permanent legal status is the most appropriate plan for the child and shall order the plan to be accomplished within a specified period of time.
2. Whether reasonable efforts have been made to finalize the permanency plan in effect.
3. What efforts have been made in the permanency plan to place the child with the child's siblings or to provide frequent visitation or contact, unless the court had already determined that placement with all or any siblings or visitation or contact is not possible or would be contrary to the child's or a sibling's safety or well-being.
C. If the court determines that the child should remain in out‑of‑home placement longer than eighteen months from the date of the permanency order, the court shall conduct a review of the order at least once each year. After reviewing the order, the court may reaffirm the order or direct other disposition of the child.
D. If the court determines that the termination of parental rights is clearly in the best interests of the child, the court shall:
1. Order the department or the child's attorney or guardian ad litem to file within ten days after the permanency hearing a motion alleging one or more of the grounds prescribed in section 8‑533 for termination of parental rights. The party who files the motion has the burden of presenting evidence at the termination hearing to prove the allegations in the motion.
2. Set a date for an initial hearing on the motion for termination of parental rights within thirty days after the permanency hearing. If the termination is contested at the initial hearing, the court shall set a date for the trial on termination of parental rights within ninety days after the permanency hearing.
E. The department shall make reasonable efforts to place the child in a timely manner in accordance with the permanency plan and to complete whatever steps are necessary to finalize the permanent placement of the child.
F. The court may continue the hearing as prescribed in subsection A of this section for not more than six months only if reasonable services have not been provided to the child's parent. The court must specify the factual basis for making this determination. The court shall consider the following:
1. The timeliness of the diligent efforts made by the department to locate the parent and provide appropriate reunification services.
2. Good faith efforts the parent has made to maintain contact with the child.
3. Special circumstances, including barriers to the parent's access to services and ability to maintain contact with the child because the parent:
(a) Is incarcerated except under circumstances prescribed in section 8-533, subsection B, paragraph 4.
(b) Is in a residential substance abuse treatment program.
(c) Has been arrested and issued an immigration hold, detained by the united states department of homeland security or deported to another country.
F. G. If the court determines that permanent guardianship is clearly in the best interests of the child, the court shall:
1. Order the department or the child's attorney or guardian ad litem to file within ten days after the permanency hearing a motion alleging the grounds prescribed in section 8‑871 for permanent guardianship. The party who files the motion has the burden of presenting evidence at the hearing to prove the allegations in the motion.
2. Set a date for an initial hearing on the motion for permanent guardianship within thirty days after the permanency hearing. If the permanent guardianship is contested at the initial hearing, the court shall set a date for the trial on the permanent guardianship within ninety days after the permanency hearing.
G. H. Evidence considered by the court in making a decision pursuant to this section also shall include any substantiated allegations of abuse or neglect committed in another jurisdiction.
H. I. If the court determines that termination of parental rights or permanent guardianship is clearly in the best interest of the child and the child has been placed in a prospective permanent placement, unless the action is required by federal law, state law or regulation, any action that is inconsistent with the case plan of severance and adoption, including removal of the child from that placement, may occur only by court order or if the prospective permanent placement requests the child's removal. If a motion to change the case plan or for removal of a child is filed, a copy of the motion must be provided to the prospective permanent placement at least fifteen days before a hearing on the motion. If the prospective permanent placement does not appear at a hearing on a motion for removal, the court may not take any action on the motion unless the court finds that good faith efforts were made to provide a copy of the motion to the prospective permanent placement. The prospective permanent placement has the right to be heard in the proceeding. This right does not require that the prospective permanent placement be made a party to the proceeding solely on the basis of that right. This subsection does not apply to any removal pursuant to section 8‑802 or 8-821. If the child is an Indian child as defined pursuant to the Indian child welfare act (25 United States Code section 1903), the court and the parties must comply with all applicable requirements of that act. For the purposes of this subsection, a prospective permanent placement includes:
1. A grandparent or another member of the child's extended family including a person who has a significant relationship with the child.
2. A person or persons with an expressed interest in being the permanent placement for the child in a certified adoptive home where the child resides, a home that is a permanent placement for a sibling of the child or a licensed family foster home where the child resides.
I. J. This section does not prevent the department from presenting for the court's consideration a grandparent or another member of the child’s extended family including a person who has a significant relationship with the child and who has not been identified as a prospective permanent placement for the child before the child's placement with a prospective permanent placement.