Permanency Hearings-G.L. c. 119, § 29B + § 17.8
A “Permanency Hearing” is a review of a child’s placement after the child’s permanency plan was decided.
During the Permanency Hearing, the court determines whether the child’s current permanency plan is still in the child’s best interests.
The first permanency hearing for a child must happen within twelve (12) months (or one (1) year) of them being in MA DCF’s care. Permanency hearings will be held once a year for the entire time the child is in the custody of the Department.
Permanency Hearings can determine that the current permanency plan for a child should be changed. When the court determines that a child should live somewhere other than where the permanency plan says the child should live, the court must explain the following:
- Why the child should not return home
- If the child should not be placed for adoption
- Why the child should not be placed with a legal guardian
- If the child’s permanency plan should not indicate living arrangement with other relatives
Parents whose rights have been, or may be terminated cannot participate in the permanency hearing. This includes parents whose termination of parental rights decision is in the process of being appealed.
Permanency hearings are mandatory for all children in MA DCF’s custody. MA DCF is obligated to go through these hearings by federal law.
What is the Purpose of a “Permanency Hearing?”
The purpose of the “Permanency Hearing” is to make sure the court that committed the child to MA DCF’s custody determines and reviews a permanent plan for the child in the Department’s care.
The Hearing does not determine the outcome of the Care and Protection case.
At the Hearing, parents and children can suggest a plan for “reunification.”
Alternately, child’s counsel can use the permanency hearing to pressure DCF to make greater efforts to implement the child’s permanent plan or to advocate that the child’s permanent plan be changed.
Where does a Permanency Hearing Take Place?
This review is made by the court which granted custody of a child to MA DCF. Permanency hearings are usually held in Juvenile Court or in Probate and Family Court.
What is a Permanency Plan?
A “Permanency Plan” is a decision outlining where a child should live when they are permanently removed from their homes.
Permanency plans must address the following, if each apply to the Care and Protection case:
- Whether the child will be returned to their parent
- Whether the child will be placed for adoption
- If the child will be referred for legal guardianship
- Whether the child will be placed in permanent care with relatives
- Whether the child will be placed in another permanent planned living arrangement
- What services will be provided to the child to help them transition to a successful adulthood (when they are 14 years old or older)
All children under 16 years of age must have a permanency plan which says that they will be in one of the above mentioned placements. When a child is over the age of 16, they can have a permanency plan that says they will live with someone not mentioned on this list, such as a friend, boyfriend or girlfriend.
Permanency plans must also indicate when the child will be placed in each plan. So if the plan states that the child will be returned to their parent, the plan must indicate a specific date for which this will happen.
Kevin Seaver is a trusted MA DCF Attorney Specializing in DCF Law since 1991. 
