(a) A Permanency Hearing may be held upon motion by any party or scheduled by the Court, but in no event shall be later than twelve (12) months from the time the child has “entered foster care,” as defined by Rule 210 (d), or within thirty (30) days of a judicial determination that DSCYF is not obligated to provide a permanency plan of reunification with a parent under Rule 213, unless the requirements of the Permanency Hearing are fulfilled at the hearing in which the Court determines reasonable efforts to reunify the child and family are not required.

(b) At the Permanency Hearing or through separate interview under 13 Del. C. § 724, the Court shall consult with the child regarding the permanency plan, in an age appropriate manner, which may include as the Court deems necessary and appropriate consultation with and representations of the child’s GAL or CASA.

(c) At the Permanency Hearing, the Court shall determine, and enter a written Order finding, whether DSCYF has made reasonable efforts to finalize the permanency plan in effect for the child. In determining whether DSCYF has exercised reasonable efforts, the Court shall consider:

(1) whether the current permanency plan should continue, a new plan should be adopted, or a concurrent plan should be pursued or established;

(2) the safety of the child;

(3) the appropriateness of the child’s placement;

(4) the child’s educational, medical, and mental health needs;

(5) where the permanency plan is reunification with a parent, the extent of compliance with the case plan by the parent and the provision of services by DSCYF;

(6) the extent of progress made toward alleviating or mitigating the causes necessitating placement in foster care;

(7) if DSCYF concludes, after considering reunification, adoption, guardianship, or permanent guardianship, that the most appropriate permanency plan for a child is placement in another planned permanent living arrangement, DSCYF must document to the Court the compelling reason for the alternate plan;

(8) the projected date of safe return of the child to the parent or placement for adoption, guardianship or permanent guardianship; and

(9) whether independent living services should and are being provided pursuant to Rule 222 and 29 Del. C. § 9003(14).

(d) At the Permanency Hearing, the Court shall consider any motion filed pursuant to Rule 213 to change the permanency plan in effect. The permanency plans available to the child are set forth in Rule 216(c).

(e) In any case where the Permanency Hearing continues the permanency plan of reunification with a parent, the Court shall schedule a review hearing within ninety (90) days.