Section 15-11-232. (Effective January 1, 2014) Permanency planning hearing; findings

   (a) At the permanency plan hearing, the court shall make written findings of fact that include the following:

   (1) Whether DFCS has made reasonable efforts to finalize the permanency plan which is in effect at the time of the hearing;

   (2) The continuing necessity for and the safety and appropriateness of the placement;

   (3) Compliance with the permanency plan by DFCS, parties, and any other service providers;

   (4) Efforts to involve appropriate service providers in addition to DFCS staff in planning to meet the special needs of a child adjudicated as a dependent child and his or her parent, guardian, or legal custodian;

   (5) Efforts to eliminate the causes for the placement of a child adjudicated as a dependent child outside of his or her home and toward returning such child safely to his or her home or obtaining a permanent placement for such child;

   (6) The date by which it is likely that a child adjudicated as a dependent child will be returned to his or her home, placed for adoption, or placed with a permanent guardian or in some other alternative permanent placement;

   (7) Whether, in the case of a child adjudicated as a dependent child placed out of state, the out-of-state placement continues to be appropriate and in the best interests of such child; and

   (8) In the case of a child adjudicated as a dependent child who is 14 years of age or older, the services needed to assist such child to make a transition from foster care to independent living.

(b) The permanency plan incorporated in the court's order shall include:

   (1) Whether and, if applicable, when a child adjudicated as a dependent child shall be returned to his or her parent;

   (2) Whether and, if applicable, when a child adjudicated as a dependent child shall be referred for termination of parental rights and adoption;

   (3) Whether and, if applicable, when a child adjudicated as a dependent child shall be placed with a permanent guardian; or

   (4) Whether there is a safe and appropriate placement with a fit and willing relative of a child adjudicated as a dependent child or other persons who have demonstrated an ongoing commitment to a child or a statement as to why placement with such relative or other person is not safe or appropriate.

(c) If the court finds that there is a compelling reason that it would not be in a child's best interests to be returned to his or her parent, referred for termination of parental rights and adoption, or placed with a permanent guardian, then the court's order shall document the compelling reason and provide that such child should be placed in another planned permanent living arrangement as defined in the court's order.

(d) A supplemental order of the court adopting the permanency plan including all requirements of the permanency plan as provided in Code Section 15-11-231 shall be entered following the permanency hearing and in no case later than 30 days after the court has determined that reunification efforts shall not be made by DFCS. The supplemental order shall include a requirement that the DFCS case manager and staff and, as appropriate, other representatives of a child adjudicated as a dependent child provide such child with assistance and support in developing a transition plan that is personalized at the direction of such child; includes specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and work force supports and employment services; and is as detailed as such child may elect in the 90 day period immediately prior to the date on which he or she will attain 18 years of age.

Code 1981, § 15-11-232, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.