A. 1. When a child has been adjudicated deprived pursuant to the provisions of Section 1-4-603 of this title, a dispositional hearing may be held on the same day as the adjudication hearing, but in any event the hearing shall be held and an order entered no later than forty (40) calendar days thereafter. The dispositional hearing shall not be delayed absent a showing of good cause and a finding by the court that the best interests of the child will be served by granting the delay. The court shall set forth the reasons why a delay is necessary and shall schedule the hearing at the earliest possible time following the delay.
2. During the hearing all evidence, including oral and written reports, relevant to the determination of the disposition best serving the health, safety, and welfare of the child may be received by the court and may be relied upon to the extent of its probative value even though not otherwise competent in the hearing on the petition. The parties shall be afforded a reasonable opportunity to examine the written reports prepared for the court’s consideration prior to the dispositional hearing and to controvert them. The hearing may be informal and hearsay may be relied upon.
3. Any order concerning child support, visitation, or the legal custody of the child entered in any other administrative or district court proceeding shall be subject to modification by the juvenile court during the pendency of the deprived action.
4. The court shall determine and order the individualized service plan for the parties.
5. At the conclusion of the dispositional hearing, the court shall schedule the dates and times for periodic review and permanency hearings.
B. 1. If the child is removed from the custody of the child's parent, the court or the Department of Human Services, as applicable, shall immediately consider concurrent permanency planning, and, when appropriate, develop a concurrent plan so that permanency may occur at the earliest opportunity. Consideration should be given so that if reunification fails or is delayed, the placement made is the best available placement to provide permanency for the child.
2. The court shall further:
3. When reunification with a parent or legal guardian is the permanency plan and concurrent planning is indicated, the court shall determine if efforts are being made to place the child in accord with the concurrent permanency plan, including whether appropriate in-state and out-of-state permanency placement options have been identified and pursued.
4. Every effort shall be made to place the child with a suitable relative of the child.
Added by Laws 1968, c. 282, § 116, eff. Jan. 13, 1969. Amended by Laws 1977, c. 79, § 3; Laws 1979, c. 248, § 2, eff. Oct. 1, 1979; Laws 1981, c. 238, § 3, eff. Oct. 1, 1981; Laws 1982, c. 312, § 23, operative Oct. 1, 1982; Laws 1986, c. 286, § 2, eff. Nov. 1, 1986; Laws 1989, c. 125, § 1, eff. Nov. 1, 1989; Laws 1989, c. 363, § 8, eff. Nov. 1, 1989; Laws 1990, c. 100, § 2, operative July 1, 1990; Laws 1990, c. 302, § 7, eff. Sept. 1, 1990; Laws 1991, c. 296, § 17, eff. Sept. 1, 1991; Laws 1992, c. 298, § 27, eff. July 1, 1993; Laws 1993, c. 74, § 2, eff. Sept. 1, 1993; Laws 1994, c. 95, § 1, eff. Sept. 1, 1994; Laws 1994, c. 290, § 41, eff. July 1, 1994; Laws 1995, c. 352, § 32, eff. July 1, 1995. Renumbered from § 1116 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 1997, c. 389, § 5, eff. Nov. 1, 1997; Laws 1998, c. 421, § 18, emerg. eff. June 11, 1998; Laws 2000, c. 374, § 18, eff. July 1, 2000; Laws 2001, c. 141, § 3, emerg. eff. April 30, 2001; Laws 2006, c. 258, § 3, emerg. eff. June 7, 2006; Laws 2009, c. 160, § 3, emerg. eff. May 11, 2009; Laws 2009, c. 233, § 38, emerg. eff. May 21, 2009. Renumbered from § 7003-5.5 of Title 10 by Laws 2009, c. 233, § 248, emerg. eff. May 21, 2009.
NOTE: Laws 1990, c. 272, § 2 repealed by Laws 1991, c. 296, § 32, eff. Sept. 1, 1991.