VIRGIN ISLANDS RULES OF FAMILY DIVISION PROCEDURE Rule 66. Permanency Hearings

• Jurisdiction: United States

Rule 66. Permanency Hearings

(a) Scheduling. A permanency hearing must be scheduled as provided in Rule 53, within 12 months after a child has been removed from the home and taken into custody.

(b) Procedure. The author(s) of the review report(s) must appear at the review hearing unless excused by the court. Further, the court must inform any parent who appears at the hearing of the maximum time allowed to make improvements or risk losing all rights to custody of the child.

(c) Notice and Hearing. A permanency hearing must be held to determine if the permanency goals outlined in the child's permanency plan have been achieved or, if not completed, what progress has been made to achieve permanency pursuant to 5 V.I.C. § 2554. At least 30 days prior to the hearing, the clerk must file and serve written notice of the permanency hearing to all parties, the guardian ad litem, counsel for the child, the Department of Human Services, and attorneys of record.

(d) Permanency Reports. At least 10 days prior to a scheduled permanency hearing, the Department of Human Services must file and serve on all parties, the guardian ad litem, counsel for the child, the Department report in accordance with Rule 67 of these Family Division Rules of Procedure.

(e) Guardian ad Litem and Other Attorney Reports. The child's guardian ad litem or counsel for the child may submit a written report setting forth the factual results of the guardian's or counsel's independent investigation and conclusions as to what action should be taken in the child's best interests. Other counsel may submit reports as they deem necessary. These reports must be filed and served on all parties, counsel for the child, the attorneys of...