Section 12-15-62

Child to be released when full-time detention or shelter care not required; conditions imposed upon release; amendment of conditions or return of child to custody upon failure to conform to conditions imposed; permanency hearing.

(a) When the court finds that a child's full-time detention or shelter care is not required, the court shall order his release, and in so doing, may impose one or more of the following conditions singly or in combination:

(1) Place the child in the custody of a parent, guardian, custodian or any other person whom the court deems proper or under the supervision of an agency or organization agreeing to supervise him or her;

(2) Place restrictions on the child's travel, association or place of abode during the period of his or her release; or

(3) Impose any other condition deemed reasonably necessary and consistent with the criteria for detaining children specified in Section 12-15-59, including a condition requiring that the child return to custody as required.

(b) An order releasing a child on any conditions specified in subsection (a) of this section may at any time be amended to impose additional or different conditions of release or to return the child to custody for failure to conform to the conditions originally imposed.

(c) Within 12 months of any court order placing a child in foster care the court shall hold a permanency hearing. The Department of Human Resources shall present to the court at such hearing a permanent plan for said child. If a permanent plan is not presented to the court at this hearing there shall be a rebuttable presumption that the child should be returned to the family. This provision is intended to insure that a permanent plan is prepared by the Department of Human Resources and presented to the court within 12 months of the placement of any child in foster care. The purpose of the permanency hearing shall be to determine the permanency plan for the child which may include whether, and, if applicable, when, the child shall be (i) returned to the parent, (ii) placed for adoption wherein the Department of Human Resources shall file a petition for termination of parental rights, or (iii) referred for legal custody. The permanency hearing shall determine whether the plan will include placement in another planned permanent living arrangement in cases where the department has documented to the court a compelling reason for determining that it would not be in the best interests of the child to return home, be referred for termination of parental rights, be placed for adoption, or be placed with a fit and willing relative, or with a legal custodian. For the purposes of this subsection only, a child shall be considered to have entered foster care on the earlier of (i) the date of the first judicial finding that the child has been subjected to abuse or neglect, or (ii) that date that is 60 days after the date on which the child is removed from the home.

(Acts 1975, No. 1205, p. 2384, §5-123; Acts 1990, No. 90-674, p. 1304, §10; Act 98-372, p. 677, §1.)