Review Hearings

Effective October 1, 2021, review hearings are held only when custody has not been removed from a parent, guardian, or custodian. In practice, DSS sometimes refers to these types of petitions as “slow petitions” or “compliance petitions.” In cases where custody has not been removed from a parent, guardian, or custodian, the court only holds review hearings, not permanency planning hearings.

• Review hearings must be held within 90 days of the initial disposition hearing WHEN custody has not been removed from a parent, guardian, or custodian.
• Review hearings must take place at least every six months unless
• The court removes custody from the parent, guardian, or custodian. In this case, the court must start holding permanency plan hearings.
• The court waves review hearings after the parent, guardian, or custodian complete court ordered services and juvenile is residing in a safe home or
• The court terminates its jurisdiction.

• All parties and placement provider must receive notice of the review hearing.
• All juveniles 12 years or older shall also get notice.
• The parties must be given 15 days notice.

• Evidence must be relevant, reliable, and necessary to determine the juvenile’s needs and most appropriate disposition.
• Rules of evidence do not apply. Practitioners refer to the rules of evidence being "relaxed"

• The court shall consider information from:
• Respondents
• The juvenile
• The guardian of the juvenile
• Any person providing care for the juvenile
• The legal custodian
• DSS
• The GAL program
• And any other person or agency that will aid in the court’s review
• The trial court’s paramount consideration is always the best interest of the child.

At each review hearing the trial court must make findings that are relevant from the following factors:

• Services which have been offered to prevent the removal from the parent, guardian, or custodian.
• Reports on and the appropriateness of the juvenile continuing in the home of the parent, guardian, or custodian.

The court continues to hold review hearings until the court waives further review hearings, terminates its jurisdiction, or orders the juvenile’s removal from the custody of the parent, guardian, or custodian.

• The efforts aimed at preventing the juvenile from being removed from their home.
• Examples of reasonable efforts:
• making referrals for services for the juvenile and Respondents
• paying for mental health and psychological evaluations
• transporting the juvenile and/or parents to services
• paying for random drug screens
• paying for genetic marker testing