Progress Hearings

(a)Except for good cause shown, the court shall set each case for progress hearing not later than six months after the date of an order of disposition and, thereafter, the court shall set subsequent progress hearings at interval of no longer than six months until the court’s jurisdiction has been terminated or an order of permanent custody has been entered. A progress hearing may be set upon the motion of a party at any time.

(b)Notice of a progress hearing shall be served upon the parties and upon the present foster parent or parents, each of whom shall be entitled to participate in the proceedings.

(c)Child Protective Services or other appropriate authorized agency shall make every reasonable effort to submit a written report, pursuant to § 13309, or a written explanation regarding why the report is not being submitted timely to the court, with copies to the parties or their counsel or guardian ad litem at least three days before the date set for each progress hearing.

(d)The report prepared pursuant to subsection

(c)specifically shall:

(1)Evaluate whether the parties have complied with, performed and completed, if possible, each and every term and condition of the order of disposition;

(2)Recommend whether the court should enforce the consequences set forth in the order of disposition pertaining to compliance or noncompliance by the parties with the terms and conditions of the order; and

(3)Recommend whether the court should modify its order of disposition and, if so, set forth the proposed modifications and the basis for recommending such modifications.

(e)Upon each progress hearing the court shall consider fully all relevant prior and current information for determining whether the child’s family is willing and able to provide the child with a safe family home, including but not limited to the report or reports submitted pursuant to § 13309, and

(1)Make a determination pursuant to the terms of subsections

(b)through

(e)of § 13324;

(2)Determine whether the parties have complied with, performed and completed each and every term and condition of the previous order of disposition;

(3)Enforce the consequences set forth in the order of disposition pertaining to compliance or noncompliance by the parties with any of the terms and conditions of the order; and

(4)Order such modification to the existing order of disposition as the court deems to be appropriate and in the best interests of the child.

(f)In any case that a permanency plan hearing is not deemed to be appropriate, the court shall make a finding that the parties understand that unless the family is willing and able to provide the child with a safe family home, even with the supervision of Child Protective Services, within the reasonable period of time specified in the order, their respective parental and custodial duties and rights shall be subject to termination. CH. 13 CHILD PROTECTIVE ACT