Juvenile Court Foster Care Eligibility Toolkit: Selection and Implementation Hearing

The purpose of the Selection and Implementation Hearing:

1. A selection and implementation hearing (WIC 366.26) (referred to as Permanency Planning Hearing or .26 Hearing) must be held to determine the permanent plan for a child once the court has determined that no reunification services will be offered or that reunification services should be terminated.
2. The court can also set a Selection and Implementation Hearing even if a plan of Another Planned Permanent Living Arrangement (APPLA) was ordered, but adoption or guardianship later becomes a viable option for the child.
3. At the Selection and Implementation Hearing, the court must determine a permanent plan of

• Adoption or customary tribal adoption,
• Guardianship,
• Placement with a fit and willing relative, or
• APPLA

Timelines

The Selection and Implementation Hearing must be set within 120 days of the court’s order either denying or terminating reunification services.

Notice

1. Notice must be served on all parties.
2. Notice must be personally served at least 45 days prior to the hearing.
3. If notice is by mail, 10 days is added to this notice requirement.

Report

1. The Agency is required to file an adoption assessment report which the court must read and consider (WIC 366.26(b)).
2. For purposes of foster care eligibility, the report should provide details to support the court finding that the agency has complied with the case plan by making reasonable efforts, including whatever steps are necessary to finalize the permanent placement of the child.
3. For children 16 years of age or older and in a planned permanent living arrangement, the report must contain details to support finding that the agency has complied with the case plan by making reasonable efforts, including ongoing and intensive efforts to finalize the permanent.
4. The report should provide information as to why the child’s placement is necessary and appropriate.
5. The report should also identify the permanent plan and provide information as why that plan is appropriate.
6. For children 14 years of age or older, the report should provide information to support the court finding that the services in the case plan include those needed to assist the child in making the transition from foster care to successful adulthood.

After consideration of the social study and any additional evidence proffered, the court must determine the most appropriate permanent plan for the child based on the child’s adoptability and whether there are any exceptions to adoption.

The court must then make findings and orders as to the permanent plan, in the following order of preference:

1. Termination of parental rights and order the child placed for adoption or order a tribal customary
   adoption; OR
2. Continue the hearing for a period not to exceed 180 days, upon finding that:
   • The child is likely to be adopted and thus adoption is the permanent plan;
   • The child’s placement is not appropriate, and family needs to be located; OR
3. Appoint a legal guardian for the child and order letters of guardianship; OR
4. Order placement with a fit and willing relative; OR
5. Placement in foster care with one of the above permanent plans listed above.

At the 366.26 Hearing, the court can order any of the following permanent plans for the child:

• Adoption/Termination of Parental Rights or Tribal Customary Adoption
• Legal Guardianship, including Non-Related Extended Family Member (NREFM) or tribal family
• Fit and Willing relative
• Another Planned Permanent Living Arrangement (APPLA)

Download and review samples.

Sample After Permanency Hearing: Delinquency

Sample After Permanency Hearing: Dependency