Circumstances Negating Requirement for Reasonable Efforts

(a)Reasonable efforts to reunify a parent or guardian with the child shall not be required or shall cease if one

(1)or more of the following circumstances exist: CH. 13 CHILD PROTECTIVE ACT

(1)the parent or guardian, upon a finding of clear and convincing evidence, has subjected the child to aggravated circumstances, such as abandonment, torture, sexual abuse, chronic or severe abuse, or chronic or severe neglect. For the purposes of this Chapter, aggravated circumstances shall include the failure to protect such a child from such conduct, when failure to protect evinces a wanton or depraved indifference to human life or has resulted in the death of such a child or in serious bodily injury to such a child;

(2)the parent or guardian has been convicted of murder or voluntary manslaughter of another child of the parent; aiding, abetting, attempting, conspiring, or soliciting to commit such crimes; or a felony assault that resulted in serious bodily injury to the child or to another child of the parent;

(3)the parental rights of the parent with respect to a sibling of the child have been involuntarily terminated, unless the court determines that providing reasonable efforts would be in the best interests of the child, would not be contrary to the health and safety of the child, and would likely result in the reunification of the parent and the child in the foreseeable future; or

(4)the child has subsequently been found to be abused or neglected within one

(1)year after returning home following placement in foster care.

(b)Once a child is in the custody of Child Protective Services, Child Protective Services may petition the court for a judicial determination that efforts to reunify the parent and child are not required under the circumstances specified in Subsection

(a)of this Section.

(c)If the court finds by clear and convincing evidence that any of the circumstances specified in Subsection

(a)of this Section exists, the court shall waive the requirement that reasonable efforts be made to reunify the child with the child’s parent or guardian.

(1)A court determination addressing reasonable efforts to prevent removal must be made within sixty

(60)days of removal of the child from his or her home.

(2)If the court finds that reasonable efforts are not required, it shall document that determination by written findings of fact.

(d)A Permanency Plan Hearing, as provided in § 13324 of this Article, shall be held for the child within thirty

(30)days after the determination.