PETITION FOR ADJUDICATION AND PERMANENT COMMITMENT

(a) Petition.

(1) If both parents of a child are deceased or the last known living parent of a child is deceased and a legal custodian has not been appointed for the child through a probate or guardianship proceeding, then an attorney for the department or any other person who has knowledge of the facts alleged or is informed of the alleged facts, and believes them to be true, may initiate a proceeding by filing a petition for adjudication and permanent commitment. If the child has already been adjudicated dependent, a petition for permanent commitment may be filed.

(2) If a child has been placed in shelter status by order of the court but has not yet been adjudicated, a petition for adjudication and permanent commitment must be filed within 21 days after the shelter hearing. In all other cases, the petition must be filed within a reasonable time after the date the petitioner first becomes aware of the facts that support the petition for adjudication and permanent commitment.

(b) Contents. The petition must:

(1) Be in writing;

(2) Identify the alleged deceased parents;

(3) Provide facts that establish that both parents of the child are deceased, or that the last known living parent is deceased; and

(4) Allege that a legal custodian has not been appointed for the child through a probate or guardianship proceeding.

(c) Verification. The petition must be signed by the petitioner under oath stating the petitioner’s good faith in filing the petition.

(d) Adjudicatory Hearing. When a petition for adjudication and permanent commitment or a petition for permanent commitment has been filed, the clerk of court must set the case before the court for an adjudicatory hearing.

(1) The adjudicatory hearing must be held as soon as practicable after the petition is filed, but no later than 30 days after the filing date.

(2) Notice of the date, time, and place of the adjudicatory hearing and a copy of the petition must be served on the following persons:

(A) Any person who has physical custody of the child;

(B) A living relative of each parent of the child unless a living relative cannot be found after a diligent search or inquiry; and

(C) The guardian ad litem for the child or the representative of the guardian ad litem office if the office has been appointed.

(3) The court must conduct an adjudicatory hearing without a jury and apply the rules of evidence in use in civil cases, adjourning the hearing as necessary. The court must determine whether the petitioner has established by clear and convincing evidence that both parents of the child are deceased, or that the last known living parent is deceased and the other parent cannot be found after a diligent search or inquiry, and that a legal custodian has not been appointed for the child through a probate or guardianship proceeding. A certified copy of the death certificate for each parent is sufficient evidence of the parents’ deaths.

(e) Order on Adjudicatory Hearing on Petition for Adjudication and Permanent Commitment. The court must enter an order within 30 days after an adjudicatory hearing on the petition.

(1) Order Granting Adjudication and Permanent Commitment. If the court finds that the petitioner has met the clear and convincing standard, the court must enter a written order adjudicating the child dependent and permanently committing the child to the custody of the department for the purpose of adoption. A disposition hearing must be scheduled no later than 30 days after the entry of the order, in which the department must provide a case plan that identifies the permanency goal for the child to the court.

(2) Order Granting Adjudication. If the court finds that clear and convincing evidence does not establish that both parents of a child are deceased, or that the last known living parent is deceased and the other parent cannot be found after a diligent search or inquiry, and that a legal custodian has not been appointed for the child through a probate or guardianship proceeding, but that a preponderance of the evidence establishes that the child does not have a parent or legal custodian capable of providing supervision or care, the court must enter a written order adjudicating the child dependent. A disposition hearing must be scheduled no later than 30 days after the entry of the order.

(3) Order Dismissing Petition. If the court finds that the petitioner has not met the clear and convincing standard and that a preponderance of the evidence does not establish that the child does not have a parent or legal custodian capable of providing supervision or care, the court must enter a written order so finding and dismiss the petition.

(f) Order on Adjudicatory Hearing on Petition for Permanent Commitment. The court must enter an order within 30 days after an adjudicatory hearing on the petition.

(1) Order Granting Permanent Commitment. If the court finds that the petitioner has met the clear and convincing standard, the court must enter a written order permanently committing the child to the custody of the department for purposes of adoption. A disposition hearing must be scheduled no later than 30 days after the entry of the order, in which the department must provide an amended case plan that identifies the permanency goal for the child to the court.

(2) Order Denying Petition. If the court finds that clear and convincing evidence does not establish that both parents of a child are deceased or that the last known living parent is deceased and the other parent cannot be found after a diligent search or inquiry, the court must enter a written order denying the petition. The order has no effect on the child’s prior adjudication. The order does not bar the petitioner from filing a subsequent petition for permanent commitment based on newly discovered evidence that establishes that both parents of a child are deceased, or that the last known living parent is deceased, and that a legal custodian has not been appointed for the child through a probate or guardianship proceeding.

(g) Disposition Hearing.

(1) Hearing. The court must conduct a supplemental disposition hearing under the same procedures for a disposition hearing and case plan review hearing for a dependency petition as provided by law.

(2) Reports and Case Plan.

(A) A written case plan and any reports required by law must be filed with the court, served to any known living parents, if applicable, and provided to the representative of the guardian ad litem office, if the office has been appointed, not less than 72 hours before the disposition hearing.

(B) The court may grant an exception to the requirement for any reports required by law by separate order or within the judge’s order of disposition upon a finding that all the family and child information required by law is available in other documents filed with the court.

(3) Order of Disposition. The court must in its written order of disposition include:

(A) the placement or custody of the child;

(B) special conditions of placement and visitation;

(C) evaluation, counseling, treatment activities, and other actions to be taken by the parties, when ordered;

(D) the names of the supervising or monitoring agencies, and the continuation or discharge of the guardian ad litem, when appropriate;

(E) the date, time, and location for the next case review as required by law;

(F) child support payments, if applicable and if the child is in an out-of-home placement;

(G) if the child is placed in foster care, the reasons why the child was not placed in the legal custody of an adult relative, legal custodian, or other adult approved by the court;

(H) approval of the case plan and any reports required by law or direction to amend the case plan within 30 days; and

(I) such other requirements as are deemed necessary to protect the health, safety, and well-being of the child.

(h) Judicial Review Hearing. Until the adoption of the child is finalized, or the child reaches the age of 18 years, whichever occurs first, the court must hold hearings pursuant to these rules every 6 months to review the progress being made toward permanency for the child.