Article XXV. Family Maintenance Cases
10.10.1010 Family maintenance.
A family maintenance case is to provide time-limited, in-home protective services that prevent or remedy neglect, abuse or exploitation and prevent the separation of child(ren) from families when the child(ren) can safely remain in the home.
(A) In the event a child is not removed or detained, the initial hearing shall be held before the end of the fifteenth court day following the filing of the petition.
(B) Family maintenance services are limited to six (6) months and may be extended in periods of six (6) month increments if it is demonstrated that the case plan can be achieved within the extension.
(C) The family maintenance services shall be terminated when the child is found not to be under the jurisdiction of the Court under any one (1) of the following circumstances:
(1) The Court dismisses the child welfare proceeding;
(2) The effective date of closure of the family maintenance services case will be the date of the hearing at which the child welfare proceeding is dismissed;
(3) The Court has ordered that family reunification services or permanent placement services be provided;
(4) The effective date of closure of the family maintenance services case will be the date of the hearing at which services are ordered;
(5) The Court declares the child is emancipated;
(6) The child reaches age eighteen (18); or
(7) The child is no longer a foster care candidate (i.e., no longer at imminent risk of removal).
(D) If at any point during family maintenance services, the family does not comply, or family maintenance services are otherwise unsuccessful at resolving the allegation in the petition, the social worker may file a new petition with the Court referring to the previously sustained petition and allege to the Court that the prior disposition was ineffective in ameliorating the situation requiring the family maintenance services.
(1) The petition should then either be dismissed; or
(2) Require a new disposition hearing be held. [Res. 22-R-037, 2/24/2022.]