It is enacted by the General Assembly as follows:

SECTION 1. Section 40-11-12.1 of the General Laws in Chapter 40-11 entitled "Abused and Neglected Children" is hereby amended to read as follows:

{ADD 40-11-12.1. Family court review. -- ADD} (1) Within a period of twelve (12) months after a child is {DEL found to be abused or neglected under general law 40-11-12 or to be dependent under general laws 14-1-34 DEL} {ADD placed in the care of the department of children, youth and families pursuant to the provisions of chapter 11 title 40 or section 14-1-5, ADD} and the child has resided in foster care for that period, the department of children, youth and families shall file a motion in the family court requesting a dispositional hearing on the status of the child.

(2) Notice of the hearing along with a copy of the motion shall be served, in accordance with the rules of procedure of the family court by the department upon all parties in interest.

(3) At the dispositional hearing all parties shall be allowed to be heard and the foster parents may attend and present a report, oral or written, containing recommendations as to the best interest of the child.

(4) In determining its order of disposition, the court shall consider, among other things:

(a) The appropriateness of the department's plan for service to the child and parent;

(b) What services have been offered to strengthen and reunite the family;

(c) Where return home of the child is not likely, what efforts have been or should be made to evaluate or plan for other modes of care; and

(d) Any further efforts which have been or will be made to promote the best interests of the child.

(5) At the conclusion of the hearing, the court shall, in accordance with the best interests of the child, enter an order of disposition:

(a) In the case of a child whose care and custody have been transferred to the department of children, youth and families, direct that the child be returned to the parent, guardian, or relative; or

(b) Direct that the child's placement in foster care continue on a long-term basis or that the child be placed in an independent living facility; or

(c) Direct that foster care of the child and reunification efforts be continued if the department of children, youth and families, after hearing, has demonstrated to the court that continuation of the child in foster care and continued reunification efforts for a determinate period is in the child's best interests. If the court does not return the child to the care and custody of the parent, guardian or relative and the court does not direct that foster care of the child and reunification efforts be continued, the department shall institute a proceeding within thirty (30) days of the dispositional hearing pursuant to chapter 7 of title 15 to legally free the child for adoption.

{ADD (d) For a child ten (10) years old or younger who has been in the care of the department for a period of twelve (12) consecutive months, the court shall order that the department institute proceedings for adoption of the child except in the event that the court determines it is not in the best interest of the child due to one (1) or more of the following factors:

(i) there is a substantial probability that the child shall be returned to the parent within the next six (6) months; or

(ii) the parent has maintained regular and consistent visitation and contact with the child and there is a relationship that is beneficial to the child; or

(iii) the child is in the care of a relative and the relative is not willing to adopt the child but is willing and capable of providing the child with a stable and permanent environment; or

(iv) any other significant factor which the court finds would not be in the best interest of the child. ADD}

(6) The court shall possess continuing jurisdiction in proceedings under this section and, in the case of children who are continued in foster care, shall {DEL rehear the matter DEL} {ADD conduct a further dispositional hearing ADD} whenever it deems necessary or desirable, but at least every twelve (12) months.

SECTION 2. This act shall take effect upon passage.