Legal Issues Related to Permanency

Resources and information about legal issues relevant to achieving permanency for children and youth in out-of-home care, including:

• Reasonable efforts
• State and local examples

Adoption and Permanency Guidelines: Improving Court Practice in Child Abuse and Neglect Cases (PDF - 2200 KB)
Seibel (2000)
Guidelines for judges and courts throughout the entire permanency planning process for abused and neglected children who cannot be reunited with their families.

Calling All Attorneys: How to Make ASFA Work Early in the Case
Laver
ABA Child Law Practice, 19(8), 2000
View Abstract
Highlights how to meet the demands of the Adoption and Safe Families Act by focusing legal services at the beginning of a case.

Family Visitation of Children and Youth in Foster Care (PDF – 357 KB)
National CASA Association & National Council of Juvenile and Family Court Judges
The Judge's Page Newsletter, June 2006
Highlights how courts can make appropriate and effective visitation decisions for children in foster care, their siblings and parents.

Incarcerated Parents: What You Should Know When Handling an Abuse or Neglect Case
Laver
ABA Child Law Practice, 20(10), 2001
View Abstract
Special considerations for judges and attorneys in permanency proceedings when one or both parents are incarcerated.

The Interstate Compact on the Placement of Children: A Manual and Instructional Guide for Juvenile and Family Court Judges
Seibel (2001)
View Abstract
Guidelines for juvenile and family court judges on permanency planning and interstate placement of foster children.

View From the Bench: Obstacles to Safety and Permanency for Children in Foster Care: Summary of Key Findings From a National Survey of Dependency Court Judges (PDF - 312 KB)
Fostering Results (2004)
An extensive look at how judges who hear child dependency cases view their own courtrooms and hurdles to providing permanent families for children in foster care.

Reasonable efforts

Making It Permanent: Reasonable Efforts to Finalize Permanency Plans for Foster Children
Fiermonte, Renne, & Sandt (2002)
View Abstract
Issues judges, child and parent advocates, and caseworkers should consider when determining whether permanency plans meet the reasonable efforts requirement of the Adoption and Safe Families Act of 1997.

Reasonable Efforts to Finalize a Permanency Plan for Adoption
Renne
ABA Child Law Practice, 20(6), 2001
View Abstract
Issues judges should consider when determining whether adoption plans meet the reasonable efforts requirement of the Adoption and Safe Families Act.

Reasonable Efforts to Finalize a Permanency Plan for "Another Planned Permanent Living Arrangement"
Renne
ABA Child Law Practice, 21(3), 2002
View Abstract
Issues judges should consider when determining whether plans for another planned permanent living arrangement meet the reasonable efforts requirement of the Adoption and Safe Families Act.

Reasonable Efforts to Finalize a Permanency Plan for Legal Guardianship
Renne
ABA Child Law Practice, 20(9), 2001
View Abstract
Issues judges should consider when determining whether plans for a child's legal guardianship meet the reasonable efforts requirement of the Adoption and Safe Families Act.

Reasonable Efforts to Finalize a Permanency Plan for Reunification
Renne
ABA Child Law Practice, 20(3), 2001
View Abstract
Issues judges should consider when determining whether reunification plans meet the reasonable efforts requirement of the Adoption and Safe Families Act.

Reasonable Efforts to Finalize the Plan of Adoption: Termination of Parental Rights, the First Step
Fiermonte
ABA Child Law Practice, 20(4), 2001
View Abstract
Questions to help judges evaluate agency efforts when a permanency plan is termination of parental rights and adoption.

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State and local examples

County Practice Guide: Best Practices for Achieving Safe, Permanent, and Nurturing Homes for Abused and Neglected Children
Minnesota's Children's Justice Initiative (2004)
View Abstract
Highlights an instrument that tracks actions to improve court practice in child permanency cases.

Minnesota Children's Justice Initiative: Case Management Review Materials
Key (2002)
View Abstract
Collection of training materials and checklists for cooperative child welfare case management review in permanency planning.

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