GENERAL ORDER 09-26

RE: CONSULTING WITH MINORS PRIOR TO PERMANENCY HEARING

IT IS HEREBY ORDERED THAT:

EFFECTIVE IMMEDIATELY AND UNTIL FURTHER ORDER OF THIS COURT,

When setting the date for a permanency hearing, the Court shall order that the minor be present for the hearing, and shall direct the Office of the Public Guardian and the assigned caseworker to work to get the minor to court so that he/she can be consulted in an age appropriate manner prior to the entry of a permanency goal/discussion of a transition plan. If the minor comes to court, the Court shall consult with the minor in an age appropriate manner prior to the hearing. If the minor refuses to come to court, or it is determined that it is not in the minor’s best interest to come to court, the Court shall make a record of the efforts undertaken to bring the minor to court.

In the event that the minor is not present for the Permanency Hearing that shall not necessarily, by itself, be grounds for a continuance. The minor shall be encouraged to share his/her opinions regarding the permanency goal/transition plan with the Court through means such as, but not limited to, discussion with the his/her assigned attorney, discussion with his/her assigned caseworker, or a letter to the court. In the event that the minor does not do this prior to the hearing, the record shall be supplemented with any information sent by the minor to the Court subsequent to the hearing.

This General Order supercedes Child Protection Division General Order 07-1.

This order is entered this date, March 19, 2009, and shall be spread of record and published.

Patricia M. Martin
Presiding Judge
Child Protection Division