What is a permanency hearing?

Permanency in dependent neglect cases means a stable, lasting living situation. Permanency hearings focus on the long-term plan for your child. Like status hearings, permanency hearings allow the people involved in the case to update the court. These hearings are sometimes called permanency plan hearings.

During a permanency hearing, the judge evaluates the plan for the child’s placement. The people involved in the case and the judge try to return the child home safely whenever possible. Otherwise, they try to find the most permanent and appropriate long-term placement for the child.

Options for these permanency hearings include:

Reunification of the child with the custodial parent, the parent who had custody at the time of the child’s removal.
Placement of the child with a non-custodial parent, the parent who did not have custody at the time of the child’s removal.
Adoption, which terminates parental rights and allows the adoptive parents to become the child’s legal parents and make all decisions for a child.
Guardianship, which does not necessarily end parental rights, gives the guardian the right to make most decisions for a child. The child would live with the guardian.
Long-term custody with a foster or resource parent or relative. This is called a planned permanent living arrangement.

When do permanency hearings occur?

A permanency hearing should be held about a year after the opening of a dependent neglect case. Permanency hearings should be held yearly until the case is dismissed. Permanency hearings sometimes happen at the same time as hearings for extensions of temporary legal custody and status hearings.

In rare cases, the judge may find that the child cannot return home because of severe abuse or criminal behavior. Under these circumstances, a permanency hearing must be held within 30 days of that court finding.

No permanency hearing is required if a child is living at home, the dependent neglect case has already been dismissed, or the child has been adopted or placed in guardianship.

What happens after a permanency hearing?

The court’s order should be issued within 20 days of the hearing.

Pause and Watch

In the following video, John discusses the additional ways your attorney can support you beyond representing you in court. This may include helping you join court hearings remotely, ensuring you understand each step in the process, and connecting you with other helpful services or resources that can support you and your family’s needs.