DHS must follow the order of the court concerning the frequency of parenting time and whether or not it is supervised. Often the court will grant DHS the discretion to choose who may serve as the supervisor of parenting time. The laws governing child protective proceedings do not outline or dictate a particular parenting time schedule (other than a parent must generally be allowed at least weekly parenting time). Instead, the court decides parenting time based on what is best for the children considering the progress that the parent has made in complying with the parent agency agreement. Generally, it is always best for the children if parenting time is gradually increased so that they can adjust. The fact that your ex still only has supervised parenting time and the case is at the permanency planning stage means that she has not corrected many of the problems that brought the children into the jurisdiction of the court. If it is unlikely, considering the ages of the children, that she will be unable to remove the barriers to safe parenting, the goal of the case could be changed from reunification to termination and the permanency planning hearing. However, because the children are considered Indian children DHS must demonstrate that it made "active efforts" to help your ex reunify with the children (ordinarily only "reasonable efforts" are required). In my experience, a parent that has not substantially complied with the parent-agency agreement by the time of the permanency planing hearing is very unlikely to ever get his or her children back.
DISCLAIMER: This answer is provided as general information, which may not be appropriate for the specific facts of your particular situation. No attorney-client relationship has been established based on this limited communication. You are advised to consult with an attorney in your jurisdiction before taking any action or inaction that may affect your legal rights. www.hecklerlawoffice.com
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