Findings establishing that reasonable efforts to reunify child are not required.

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A. At any time prior to or following the adjudicatory hearing the court, on its own motion or upon the motion of a party, may find that reasonable efforts to prevent the removal of a child from home or to reunify the child and family are not required if the court determines, based upon a preponderance of the evidence, that:

1. The parent or legal guardian of the child, who is an infant age twelve (12) months or younger, has abandoned the child;

2. The parent or legal guardian of the child has:

  • a.committed murder or manslaughter of any child,
  • b.aided or abetted, attempted, conspired, or solicited to commit the murder or manslaughter of any child,
  • c.committed a felony assault upon any child that resulted in the child receiving serious bodily injury, or
  • d.subjected any child to aggravated circumstances including, but not limited to, heinous and shocking abuse or heinous and shocking neglect;

3. The parental rights of a parent to the child's sibling have been terminated involuntarily;

4. The parent has been found by a court of competent jurisdiction to have committed sexual abuse against the child or another child of the parent; or

5. The parent is required to register with a sex offender registry pursuant to Section 113(a) of the Adam Walsh Child Protection and Safety Act of 2006, 42 U.S.C., Section 16913(a).

B. The court shall conduct a permanency hearing within thirty (30) days of a determination by the court that any of the conditions specified in subsection A of this section exist. Reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan.

Added by Laws 1998, c. 421, § 14, emerg. eff. June 11, 1998. Amended by Laws 2000, c. 374, § 15, eff. July 1, 2000; Laws 2009, c. 233, § 32, emerg. eff. May 21, 2009. Renumbered from § 7003-4.6 of Title 10 by Laws 2009, c. 233, § 255, emerg. eff. May 21, 2009. Amended by Laws 2012, c. 353, § 5, emerg. eff. June 8, 2012.


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