RULE 8.430. MODIFICATION OF PERMANENCY ORDER

(a) Best Interests of Child. The permanency placement is
intended to continue until the child reaches the age of majority and
may not be disturbed absent a finding by the court that the
circumstances of the permanency placement are no longer in the
best interest of the child.

(b) Request for Modification by a Parent.

(1) If, after a child is residing in the permanent
placement approved at the permanency hearing, a parent who has
not had his or her parental rights terminated makes a motion for
reunification or increased contact with the child, the court shall
first hold a hearing to determine whether the dependency case
should be reopened and whether there should be a modification of
the order. At the hearing, the parent must demonstrate that the
safety, well-being, and physical, mental, and emotional health of
the child is not endangered by the modification.

(2) The court shall base its decision concerning any
motion by a parent for reunification or increased contact with a
child on the effect of the decision on the safety, well-being, and
physical and emotional health of the child. Factors that must be
considered and addressed in the findings of fact of the order on the
motion must include:

(A) the compliance or noncompliance of the parent
with the case plan;

(B) the circumstances which caused the child’s
dependency and whether those circumstances have been resolved;

(C) the stability and length of the child’s
placement;
(D) the preference of the child, if the child is of
sufficient age and understanding to express a preference;

(E) the recommendation of the current custodian;
and

(F) the recommendation of the guardian ad litem,
if one has been appointed.