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Session Laws, 2005
Volume 752, Page 4319   View pdf image
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ROBERT L. EHRLICH, JR., Governor                           H.B. 976
(3) (II) ALL FACTORS NECESSARY TO DETERMINE THE BEST
INTERESTS OF THE CHILD; AND (3) (I) (III)         A REPORT BY A LOCAL DEPARTMENT OR A LICENSED CHILD PLACEMENT AGENCY, COMPLETED IN COMPLIANCE WITH REGULATIONS
ADOPTED BY THE DEPARTMENT OF HUMAN RESOURCES, ON THE SUITABILITY OF
THE INDIVIDUAL TO BE THE GUARDIAN OF THE CHILD. (II) (2) THE REPORT UNDER PARAGRAPH (1)(III) OF THIS
SUBSECTION SHALL INCLUDE A: 1. (I) HOME STUDY; 2. (II) CHILD PROTECTIVE SERVICES HISTORY; 3. (III) CRIMINAL HISTORY RECORDS CHECK; AND 4.      (IV) REVIEW OF THE PROPOSED GUARDIAN'S PHYSICAL
AND MENTAL HEALTH HISTORY. (III) (3) IF THE LOCAL DEPARTMENT HAS NOT PRODUCED THE
REPORT DESCRIBED IN SUBPARAGRAPH (II) PARAGRAPH (1)(III) OF THIS PARAGRAPH
SUBSECTION WITHIN 120 DAYS AFTER THE DATE THAT THE COURT ISSUED THE
ORDER TO THE LOCAL DEPARTMENT TO PRODUCE THE REPORT, THE COURT SHALL: 1. (I) HOLD AN IMMEDIATE HEARING TO DETERMINE THE
CAUSES OF THE DELAY; 2. (II) STATE ON THE RECORD THE DETERMINED CAUSES
OF THE DELAY; AND 3. (III) MAKE A DETERMINATION AS TO WHETHER THE
PROGRESS OF THE LOCAL DEPARTMENT IS ACCEPTABLE. (IV) (4) FOLLOWING THE HEARING REQUIRED UNDER
PARAGRAPH (III) (3) OF THIS SUBSECTION, THE COURT SHALL: 1. (I) GRANT THE DEPARTMENT AN EXTENSION OF NO
MORE THAN 90 DAYS; OR 2. (II) ORDER PRODUCTION OF THE REPORT BY A
LICENSED CHILD PLACEMENT AGENCY, WITHIN A REASONABLE TIME AND ORDER
THE LOCAL DEPARTMENT TO BEAR THE COST. (F) A COURT MAY NOT ENTER AN ORDER GRANTING CUSTODY AND
GUARDIANSHIP UNDER THIS SECTION UNTIL THE REPORT UNDER SUBSECTION (E)(3)
(E)(1)(III) OF THIS SECTION IS SUBMITTED TO AND CONSIDERED BY THE COURT. 3-823. (e) At a permanency planning hearing, the court shall: (1) Determine the child's permanency plan, which may be: (i) Reunification with the parent or guardian; - 4319 -


 
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Session Laws, 2005
Volume 752, Page 4319   View pdf image
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