Art. 705. Notice; presence at permanency hearing; right to be heard

            A. The department shall give written notice of the right to appear at each permanency hearing to any foster caregiver, pre-adoptive parent, or relative providing care for the child.

            B. The notice shall state the date, time, and place of the permanency hearing and the recipient's right to attend and be heard.

            C. If a foster caregiver, pre-adoptive parent, or relative providing care for the child is absent, the court shall make written findings of fact or include in the minutes whether notice of the date, time, and place of the hearing and the right to attend and be heard was properly provided by the department. If the court determines that diligent efforts were made by the department to locate and notify the absent person, the court may permit the hearing to be held in the person's absence.

            D.(1) The court shall provide any foster caregiver, pre-adoptive parent, or relative providing care for the child who appears at the hearing a reasonable opportunity to be heard regarding the care and treatment of the child and may receive evidence from each person. The court shall consider this information in conjunction with all other admissible evidence.

            (2) The information provided by the foster parent, pre-adoptive parent, or relative shall be limited to personal knowledge, defined as firsthand observations of the child's daily care, functioning, development, behavior, activities, health, education, and interactions of the child, including visitation, communication with parents as it relates to the child, sibling relationships, and any needs for services or support in the home of the caregiver.

            Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2007, No. 334, §1; Acts 2012, No. 730, §1; Acts 2026, No. 139, §1; Acts 2026, No. 758, §1.