North Carolina § 7B-906 - 2. Permanent plans; concurrent planning.

§ 7B-906. 2. Permanent plans; concurrent planning.

At any permanency planning hearing pursuant to G.S. 7B-906.1, the court shall adopt one or more of the following permanent plans the court finds is in the juvenile's best interest: Reunification as defined by G.S. 7B-101. Adoption under Article 3 of Chapter 48 of the General Statutes. Guardianship pursuant to G.S. 7B-600(b). Custody to a relative or other suitable person. Another Planned Permanent Living Arrangement (APPLA) pursuant to G.S. 7B-912. Reinstatement of parental rights pursuant to G.S. 7B-1114. Concurrent planning shall continue until a permanent plan is or has been achieved. At any permanency planning hearing, the court shall adopt concurrent permanent plans and shall identify the primary plan and secondary plan. Reunification shall be a primary or secondary plan unless the court made findings under G.S. 7B-901(c) or G.S. 7B-906.1(d)(3), the permanent plan is or has been achieved in accordance with subsection (a1) of this section, or the court makes written findings that reunification efforts clearly would be unsuccessful or would be inconsistent with the juvenile's health or safety. The finding that reunification efforts clearly would be unsuccessful or inconsistent with the juvenile's health or safety may be made at any permanency planning hearing, and if made, shall eliminate reunification as a plan. Unless permanence has been achieved, the court shall order the county department of social services to make efforts toward finalizing the primary and secondary permanent plans and may specify efforts that are reasonable to timely achieve permanence for the juvenile. Unless reunification efforts were previously ceased, at each permanency planning hearing the court shall make a finding about whether the reunification efforts of the county department of social services were reasonable. In every subsequent permanency planning hearing held pursuant to G.S. 7B-906.1, the court shall make written findings about the efforts the county department of social services has made toward the primary permanent plan and any secondary permanent plans in effect prior to the hearing. The court shall make a conclusion about whether efforts to finalize the permanent plan were reasonable to timely achieve permanence for the juvenile. At any permanency planning hearing under subsections (b) and (c) of this section, the court shall make written findings as to each of the following, which shall demonstrate the degree of success or failure toward reunification: Whether the parent is making adequate progress within a reasonable period of time under the plan. Whether the parent is actively participating in or cooperating with the plan, the department, and the guardian ad litem for the juvenile. Whether the parent remains available to the court, the department, and the guardian ad litem for the juvenile. Whether the parent is acting in a manner inconsistent with the health or safety of the juvenile. If the juvenile is 14 years of age or older, the court shall make written findings in accordance with G.S. 7B-912(a), regardless of the juvenile's permanent plan. History (2015-136, s. 14; 2016-94, s. 12C.1(h); 2019-33, s. 11; 2021-100, s. 11.) Editor's Note. - Session Laws 2015-136, s. 18, made this section effective October 1, 2015, and applicable to actions filed or pending on or after that date. Effect of Amendments. - Session Laws 2016-94, s. 12C.1(h), effective July 1, 2016, added subsection (a1). Session Laws 2019-33, s.11, effective October 1, 2019, in subsection (a1), inserted "is or" preceding "has been achieved" in subsection (b), substituted "shall be" for "shall remain" and inserted "G.S. 7B-906.1(d)(3), the permanent plan is or has been achieved in accordance with subsection (a1) of this section, or the court" in the second sentence, added the third sentence, and inserted "Unless permanence has been achieved" to the beginning of the last sentence; rewrote the first sentence of subsection (c), which formerly read: "At the first permanency planning hearing held pursuant to G.S. 7B-906.1, the court shall make a finding about whether the efforts of the county department of social services toward reunification were reasonable, unless reunification efforts were ceased in accordance with G.S. 7B-901(c) or this section."; and in subsection (d), substituted "the degree of success or failure toward reunifications" for "lack of success" in the introductory paragraph. Session Laws 2021-100, s. 11, effective October 1, 2021, inserted ", and if made, shall eliminate reunification as a plan” in the next to last sentence in subsection (b).