RULE 8.420. CASE PLAN AMENDMENTS

(a) Modifications. After the case plan has been developed,
the tasks and services agreed upon in the plan may not be changed
or altered except as follows.

(1) The case plan may be amended at any time to
change the goal of the plan, employ the use of concurrent planning,
add or remove tasks the parent must complete to substantially
comply with the plan, provide appropriate services for the child, and
update the child’s health, mental health, and education records.
(2) The case plan may be amended on approval of the
court if all parties are in agreement regarding the amendments to
the plan and the amended plan is signed by all parties and
submitted to the court with a memorandum of explanation.

(3) The case plan may be amended by the court or on
motion of any party at any hearing to change the goal of the plan,
employ the use of concurrent planning, or add or remove the tasks
the parent must complete in order to substantially comply with the
plan, if there is a preponderance of evidence demonstrating the
need for the amendment.

(4) The case plan may be amended by the court or on
motion of any party at any hearing to provide appropriate services
to the child if there is competent evidence demonstrating the need
for the amendment.

(5) The case plan is deemed amended as to the child’s
health, mental health, and education records when the child’s
updated health and education records are filed by the department.

When determining whether to amend the case plan, the court
must consider the length of time the case has been open, the level
of parental engagement to date, the number of case plan tasks
completed, the child’s type of placement and attachment, and the
potential for successful reunification.

(b) Basis to Amend the Case Plan. The need to amend the
case plan may be based on information discovered or circumstances
arising after the approval of the case plan for:

(1) a previously unaddressed condition that, without
services, may prevent the child from safely returning to or
remaining in the home;

(2) the child’s need for permanency;

(3) the failure of a party to substantially comply with a
task in the original case plan, including the ineffectiveness of a
previously offered service;
(4) an error or oversight in the case plan;

(5) information discovered or circumstances arising
after the approval of the plan regarding the provision of safe and
proper care for the child; or

(6) incarceration of a parent after a case plan has been
developed if the parent’s incarceration has an impact on
permanency for the child, including, but not limited to:

(A) modification of provisions regarding visitation
and contact with the child;

(B) identification of services within the facility; or

(C) changing the permanency goal or establishing
a concurrent case plan goal.

(c) Service. A copy of the amended plan must be
immediately given to all parties.