| | | 4.__Contents of permanency plan.__A permanency plan for a | | child under this section must contain determinations on the | | following issues. |
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| | | A. The permanency plan must determine whether and when, if | | applicable, the child will be: |
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| | | (1) Returned to a parent. Before the court may enter an | | order returning the custody of the child to a parent, | | the parent must show that the parent has carried out | | the responsibilities set forth in section 4041, | | subsection 1-A, paragraph B; that to the court's | | satisfaction the parent has rectified and resolved the | | problems that caused the removal of the child from home | | and any subsequent problems that would interfere with | | the parent's ability to care for the child and protect | | the child from jeopardy; and that the parent can | | protect the child from jeopardy; |
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| | | (2) Placed for adoption, in which case the department | | shall file a petition for termination of parental | | rights; |
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| | | (3) Cared for by a permanency guardian, as provided in | | section 4038-C, or a guardian appointed by the Probate | | Court pursuant to Title 18-A, sections 5-206 and 5-207; |
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| | | (4) Placed with a fit and willing relative; or |
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| | | (5) Placed in another planned permanent living | | arrangement.__The District Court may adopt another | | planned permanent living arrangement as the permanency | | plan for the child only after 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 be returned home, be referred for | | termination of parental rights or be placed for | | adoption, be cared for by a permanency guardian or be | | placed with a fit and willing relative. |
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| | | B.__In the case of a child placed outside the state in which | | the parents of the child live, the permanency plan must | | determine whether the out-of-state placement continues to be | | appropriate and in the best interests of the child. |
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| | | C.__In the case of a child who is 16 years of age or older, | | the permanency plan must determine the services needed to | | assist the child to make the transition from foster care to | | independent living. |
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