169-C:24-b Permanency Hearings. –
I. A permanency hearing may be scheduled as follows:
(a) For a child who has been in an out-of-home placement for 12 or more months, the court shall hold a permanency hearing 12 months from the finding pursuant to RSA 169-C:17 and/or RSA 169-C:18. For a child who enters an out-of-home placement subsequent to a finding pursuant to RSA 169-C:17 and/or RSA 169-C:18, the court shall hold a permanency hearing 12 months from the date the child enters the out-of-home placement.
(b) If the court at the 12-month permanency hearing grants an extension pursuant to RSA 169-C:24-b, IV, the court shall hold a subsequent permanency hearing no later than 90 days from the 12-month permanency hearing.
(c) If a termination of parental rights petition is withdrawn or dismissed, the court shall hold a subsequent permanency hearing no later than 90 days from the withdrawal or dismissal of the termination of parental rights petition.
(d) If a child has been reunified at or following a permanency hearing, and is thereafter removed from parental care prior to closure of the RSA 169-C case, the court may hold a subsequent permanency hearing.
(e) For a child in an out-of-home placement pursuant to RSA 169-C:24-b, V, the court may hold another permanency hearing upon request of any party at any time.
(f) For a child in an out-of-home placement, at any time 14 days prior to the 6-month review hearing and before the 12-month permanency hearing, the department may request an early permanency hearing for the child. The court may schedule an early permanency hearing if the department alleges sufficient facts to satisfy the standard set forth in RSA 169-C:24-b, II(b).
II. (a) At a permanency hearing pursuant to subparagraph I(a), (b), (c), (d), or (e), the court shall determine whether and, if applicable, when the child will be returned to the parent or parents, pursuant to RSA 169-C:23. Except as provided for in RSA 169-C:24-b, IV, if the standard for return pursuant to RSA 169-C:23 is not met, the court shall identify a permanency plan other than reunification for the child. Other options for a permanency plan include:
(1) Adoption through termination of parental rights or parental surrender when an adoption is contemplated;
(2) Guardianship with a fit and willing relative or another appropriate party; or
(3) Another planned permanent living arrangement.
(b) At an early permanency hearing pursuant to subparagraph I(f), the court shall determine whether the department has proven by clear and convincing evidence that both parents, or only one parent if the other parent is deceased or not identified, cannot currently satisfy the standard of return of the child under RSA 169-C:23 and would be highly unlikely to satisfy such standard at the time of a 12-month permanency hearing such that permanency should be assessed early, based on parents making no effort or only negligible efforts to comply with dispositional orders or based on another compelling reason. If the department does not satisfy its burden, the court shall hold, within 90 days, a periodic review hearing or the 12-month permanency hearing. If the department satisfies its burden, the court shall determine whether it is in the child's best interest to:
(1) Identify a permanency plan other than reunification for the child, as set forth in RSA 169-C:24-b, II(a), and hold a post-permanency hearing within 60 days; or
(2) Maintain reunification as the permanency plan, providing parents additional time to meet the requirements of RSA 169-C:23, and hold, within 90 days, another early permanency hearing or the 12-month permanency hearing.
III. At a permanency hearing the court shall determine whether the department has made reasonable efforts to finalize the permanency plan that is in effect. Where reunification is the permanency plan that is in effect, the court shall consider whether services to the family have been accessible, available, and appropriate.
IV. At a 12-month permanency hearing for both parents, or only one parent if the other parent is deceased or not identified, the court may grant one extension of time that shall not exceed 90 days, and hold a subsequent permanency hearing for both parents pursuant to RSA 169-C:24-b, I(b). Such extension may be granted if the court finds a parent to be in substantial compliance with the outstanding dispositional orders and if the parent establishes, by clear and convincing evidence, that:
(a) The parent is diligently working toward reunification, which is expected to occur within 90 days;
(b) It is probable the parent will be able to demonstrate, after the extension and at a subsequent permanency hearing held pursuant to RSA 169-C:24-b, I(b), that the parent has met the 3 requirements of RSA 169-C:23; and
(c) The extension is in the best interest of the child.
V. If the standard for return of the child pursuant to RSA 169-C:23 is met, but, due to the unique needs of the child, the child is not returned to the custody of the parent, the court may maintain reunification as the permanency plan, and the court shall provide a written explanation as to what circumstances warrant the continued out-of-home placement for the child. In such cases, the court shall schedule subsequent post-permanency hearings pursuant to RSA 169-C:24-c, I, until the child may be returned to the custody of the parent. Upon the request of any party at any time, based on a material change in circumstances, the court may schedule another permanency hearing at which the court may review, modify, and/or implement the permanency plan, or adopt the concurrent plan.