Rule 41 - Permanent placement review conference(a)Subjects of permanent placement review conference.- Unless otherwise provided by court order, matters to be considered at the permanent placement review conference shall include a discussion of the reasonable efforts made to secure a permanent placement, including: (1) The extent to which problems necessitating Department intervention have been remedied and, if appropriate, the actions that should be taken by the respondent(s) to permit return of the child;(2) Services and assistance that were offered or provided to the family since the previous hearing or permanent placement review conference; reasonable accommodations provided in accordance with the Americans with Disabilities Act of 1990, 42 U.S.C. §12101, et seq., to parents with disabilities in order to allow them meaningful access to reunification and family preservation services; and services needed in the future;(3) Compliance by the respondent and Department with the case plan and with previous orders and recommendations of the court;(4) Recommended changes in court orders;(5) The ability and extent of the respondent to contribute financially to the child's placement;(6) The appropriateness of the current placement, including its distance from the child's home and whether or not it is the least restrictive one (most family-like one) available;(7) The appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement;(8) The Department's coordination with appropriate local education agencies to ensure that the child remains enrolled in the school in which the child was enrolled at the time of placement, including provision for reasonable travel, or if remaining in the same school is not in the child's best interests, the provision of immediate and appropriate enrollment in 25 a new school, with all of the education records of the child provided to the school;(9) A summary of visitation and any recommended changes;(10) How the child's special needs were or were not met while in placement, including whether the child had regular opportunities to engage in age- or developmentally- appropriate normal childhood activities;(11) The location of any siblings and the steps that have been and will be taken to unite them as quickly as possible and to maintain regular contact during the separation if it is in the best interest of each child;(12) For children aged 14 or older, the specific services aimed at transitioning the child into adulthood. When a child turns 17, or as soon as a child aged 17 comes into a case, the Department must immediately provide the child with assistance and support in developing a transition plan that is personalized at the direction of the child. The plan must include specific options on housing, health insurance, education, local opportunities for mentors, continuing support services, work force support, and employment services, and the plan should be as detailed as the child may elect. In addition to these requirements, when a child with special needs turns 17, or as soon as a child aged 17 with special needs comes into a case, he or she is entitled to the appointment of a Department adult services worker to the multidisciplinary treatment team and coordination between the multidisciplinary treatment team and other transition planning teams, such as special education individualized education planning (IEP) teams;(13) When the child's permanency plan is another planned permanent living arrangement (APPLA), the efforts to place the child permanently with a parent, relative, or in a guardianship or adoptive placement; the child's desired permanency outcome; and the steps taken to ensure that the foster family follows the "reasonable and prudent parent standard" to allow the child regular opportunities to engage in age- or developmentally- appropriate normal childhood activities.(14) A recommendation and discussion regarding the child's return home either immediately or within the next six months.(A) If return is recommended, it shall include a summary of:(i) Necessary steps to make return possible and to minimize the disruptive effects of return;(ii) The dangers to the child after return; and(iii) Reunification services needed, including services to minimize any danger to the child after return;(B) If return is not recommended, a recommendation and discussion regarding adoption of the child. If placement for adoption is recommended, it shall include a discussion of:(i) The steps needed to bring about a termination of parental rights action; and(ii) The time necessary to take such steps;(C) If neither return home nor placement for adoption is recommended, a discussion of the following shall be included:(i) Awarding legal guardianship or permanent custody to a specific individual or individuals. If recommended, a proposed time table, recommendations concerning the rights and responsibilities the biological parent should retain, and recommendations concerning the rights and responsibilities of the guardian or custodian shall be addressed; and(ii) Placement of the child permanently in foster care with specific foster parents. If recommended, a time table and recommendations concerning the terms of the permanent foster care agreement, and court order authorizing permanent foster care, and the continuing rights and responsibilities of the biological parents shall be addressed;(D) If continued foster care is recommended, an explanation of why it continues to be appropriate for the child;(E) If placement in a group home or institution is recommended:(i) An explanation of why treatment outside a family environment is necessary, including a brief summary of supporting expert diagnoses and recommendations; and(ii) A discussion of why a less restrictive, more family-like setting is not practical, including placement with specially trained foster parents;(F) If emancipation or independent living is recommended for a child who has attained age sixteen (16) years, an explanation of why foster family care is no longer appropriate; a description of the skills needed by the child to prepare for adulthood; and a description of the ongoing support and services to be provided by the agency; and(G) Concurrent alternative permanency plans.(H) Any other matter relevant to implementation of the permanency plan.(b) Post-termination placement plan.- Within ninety (90)days of the entry of the final termination order or decree for both parents, the Department responsible for placement of the child shall submit a written permanent placement plan to the court, the guardian ad litem, persons entitled to notice and the right to be heard, and other remaining parties, if any, for consideration at the permanent placement review. The plan shall include the following: (1) A description of the Department's progress toward arranging an adoptive, legal guardianship, or permanent foster care home placement for the child;(2) Where adoptive, legal guardians, or permanent foster care parents have not been selected, a schedule and a description of steps to be taken to place the child permanently;(3) A discussion of any special barriers preventing placement of the child for adoption, legal guardianship, or permanent foster care and how they should be overcome; and(4) A discussion of whether adoption and/or legal guardianship subsidy is needed and, if so, the likely amount and type of subsidy required. The court shall continue to conduct a permanent placement review at least every three (3) months until permanent placement is achieved. The court shall hold a hearing in connection with such review, and shall not conduct such review by agreed order. Notice of such hearing shall be given to the Department, the child through his guardian ad litem, and persons entitled to notice and the right to be heard.
(c)Stipulations.- The parties may file written stipulations as to any matters to be considered at the permanent placement review conference but such written stipulations shall not be accepted in lieu of the conducting of the permanent placement review conference.W. Va. R. Proc. Child & Neg. Proceed. 41