10.10.570 Purpose and findings.
(A) A child shall be returned home at the status review hearing unless the Tribal Court finds that a reason for removal as set forth above in the Children and Family Code (this title) still exists. The Court may, however, due to unresolved problems in the home, continue court intervention, services, and supervision as may be deemed appropriate.
(B) If appropriate, the Court may refer the matter to the Tribe’s Peacemaker Mediation Forum or for family unity.
(C) The general purpose of status review hearings is for the Court to determine the safety and continuing necessity for and appropriateness of the placement, the extent of compliance with the case plan, and the extent of progress that has been made toward alleviating or mitigating the causes necessitating placement in foster care, and will project a likely date by which the child may be returned to the home or placed for adoption or legal guardianship.
(D) Status review hearings are not required for children for whom a legal guardian has been appointed by the Karuk Tribal Court as a permanent plan and the KCWS is no longer vested by the Court with responsibility for the child’s placement and care (i.e., the child has exited foster care) unless the child has been removed from the guardian.
(E) The specific purpose of the status review hearing is for the Tribal Court to:
(1) Review the placement and plan for assuring that the child receives safe and proper care;
(2) Determine the continuing need for and appropriateness of the placement;
(3) Determine the extent of compliance with the case plan;
(4) Determine the extent of progress made toward alleviating or mitigating the causes necessitating the placement;
(5) Project a likely date by when the child may be (a) returned and safely maintained at home, (b) placed with a legal guardian, (c) placed with a fit and willing relative, (d) placed for adoption and the KCWS will file a petition to terminate parental rights, or (e) placed in another planned permanent living arrangement; provided, that the KCWS has documented to the Court a compelling reason that it is not in the child’s best interest to be reunified, placed with a legal guardian or fit and willing relative, have parental rights be terminated, or be adopted;
(6) In the case of a child who will not be returned to the parent, the hearing shall consider in-state and out-of-state placement options;
(7) If the child is placed out of state, determine whether the out-of-state placement continues to be appropriate and in the best interest of the child;
(8) If the child is in the custody of the parent, as a family maintenance case, determine whether there continues to be a need for continuing court supervision or terminate jurisdiction over the case; and
(9) For a child fourteen (14) years or older, the Court shall find whether the services set forth in the independent living plan include those needed to assist the child to make the transition from foster care to independent living.
(10) For a child who will turn eighteen (18) years old in the next ninety (90) days and intends to enter extended foster care, the Court shall find whether the child’s transitional independent living plan includes a plan for the child to satisfy one (1) of the requirements specified in KTC 10.10.980 to remain under Tribal Court jurisdiction as a youth in need of care.
(11) For a child who will turn eighteen (18) within the next ninety (90) days, the Court shall find whether the child’s transitional independent living plan includes specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and work force supports and employment services.
(12) If the child was removed and placed in a short-term residential treatment program the Court shall make the findings outlined in KTC 10.10.1000(B) and state in writing the factual basis.
(13) The Court consults, in an age-appropriate manner, with the child regarding the proposed permanency or transition plan for the child. [Res. 22-R-037, 2/24/2022; Res. 09-R-062 Title 1 § (18)(B), 4/30/2009. Formerly 10.10.440.]