4000. CHILD WELFARE SERVICES

4100. INTAKE

4110. Purpose

The purpose of Child Welfare Services (CWS) intake is to determine whether the family's need for service is most appropriately addressed by a Division of Children and Family Services (DCFS) assessment or by referral to another agency or other family members.

4120. Eligibility

4121. New Referrals

1. Requests from parents or children for child placement services are received by Intake per 4307 Voluntary Placement Agreement (VPA) policy when the placement request is not a direct result of a need for child protection due to abuse or neglect or the family's needs are beyond the scope of Family Reconciliation Services (FRS).
2. Requests from parents or caretaker relatives are received by Intake when the service requested is for Medicaid Personal Care Services. Medicaid Personal Care Services may be authorized for a child who has a physically disabling condition; such services are not authorized based on child protection concerns.

41211. Safety of Newborn Children Act

1. Procedure

CA staff must accept an intake of a newborn transferred (abandoned) under the Safety of Newborn Children Act. See Practices and Procedures Chapter 2000, Section 2559A for policy.

CA CFWS Responsibilities:
1. CFWS Supervisor assigns intake to a social worker
2. CFWS Social worker:
1. Has face-to-face contact with the newborn and gathers available information from hospital and other caregivers.
2. Locates and places the newborn in emergency out-of-home, when able to be released from the hospital.
3. Verifies CA custody through a law enforcement transfer of custody.
4. Drafts and files a dependency petition.
5. Completes the child information/placement referral form (DSHS 15-300) based on available information and provides information to the caregiver/foster parent.
6. Schedules shared planning meeting to identify permanent plan and placement.
7. Consults with supervisor as necessary.

4122. Transfer of Open CPS or FRS Cases

See section 4132 below for case transfer standards.

4130. Scope

4131. New Referrals

1. The intake function for new CFWS referrals includes obtaining brief initial information from the referrer regarding the family composition, nature, duration and urgency of the problems creating a request for:
   1. Placement services per 4307 Voluntary Placement Agreement (VPA) policy and an initial determination of the family and child's desire to obtain services;
   2. Medicaid Personal Care (MPC) services and referral to CFWS for completion of a Comprehensive Assessment of the child's need for the MPC services. After CFWS has completed the MPC Comprehensive Assessment, authorization of services and/or referral to other resources may occur.
2. Intake social workers determine if a family assessment by CFWS is needed or if another state or community based resource can more appropriately provide an assessment or services. Intake staff provide information and referral to other services when appropriate.
3. Intake services may, with the permission of the family, gather collateral information from schools, doctors, other agencies, or family members if such information is necessary to make a decision regarding acceptance of the intake referral.

4132. Cases Transferring from CPS and FRS

1. Purpose and Scope-This section provides guidelines for CA staff for the transfer of client records between Child Protective Services (CPS) or Family Reconciliation Services (FRS) and Child Welfare Services (CWS) within an office following out-of-home placement or establishment of an in-home dependency by court action.
2. Policy and Procedure
   1. Regional Administrator shall establish procedures for the transfer of CPS and FRS cases and files to CWS consistent with the CA Operations Manual, chapter 15000, section 15202 and this section.
   2. In Those offices where the Regional Administrator has determined that a single worker or unit will carry a case from intake or case assessment through case resolution (i. e., from CPS through CWS), the Regional Administrator shall ensure that the assigned worker(s) has received CA Academy training in each program “track” within a reasonable period following assignment to multiple programs.
   3. For all cases being transferred from CPS, the assigned CWS social worker shall review and provide input on proposed dispositional plans, to the CPS social worker, prior to their submission to court. If the CPS and CWS social workers cannot come to agreement, supervisory review will be required.
   4. Supervisors from the sending unit must ensure that cases include all relevant information regarding the child(ren) prior to case transfer. Supervisors in the receiving unit must ensure that the newly assigned CWS worker review the case to become familiar with the presenting issues for placement.

4140. Screening New Referrals for Acceptance

1. When the family requests an assessment or services but is not requesting placement, the family will normally be referred to the appropriate agency/school providing services without opening a case. Examples of this type of situation include:
   1. Requests for mental health assessments or counseling. Youth who need immediate psychiatric treatment because they are a danger to themselves or others or are gravely disabled as a result of a psychiatric condition.
   2. Requests for assessment for in-home services for developmentally disabled children unless the family has already applied for and exhausted services available through the Division of Developmental Disabilities (DDD).
   3. Requests for assessment of a child who is primarily delinquent and will be in a detention or institutional setting for more than six weeks.
   4. Requests for educational evaluations or other services made primarily because the child has a problem in school.
2. When the family requests placement follow policy per 4307 Voluntary Placement Agreement (VPA).

4141. Accepted Referrals

Following screen-in, the intake worker shall document the intake information consistent with Case and Management Information System (CAMIS) policy and the CA Operations Manual, chapter 13000, section 13100. Regional offices may establish priorities for case assignment of accepted CWS intakes.

4150. Case Opening Activities

1. Screened in referrals will become DCFS cases. The local office opens a family case, in CAMIS and a paper file, for the family. The office will open an individual child case only if a child is placed in out-of-home care.
2. The intake supervisor sends cases to the appropriate CWS supervisor for assignment to a social worker for a full assessment.

4200. ASSESSMENT

4201. Emergency Planning for Birth Parents and Legal Guardians

Purpose

Policy

1. The assigned Social Worker is responsible for ensuring birth parent(s) and/or legal guardians of children placed in out-of-home care have the following information documented in the information management system:
   1. Emergency Contact Name; Recommend One In-State and One Out-of-State Contact
   2. Current Address for Birth Parent/Legal Guardian and Emergency Contact Person(s)
   3. Current Phone Number(s) for Birth Parent/Legal Guardian and Emergency Contact Person(s) (As applicable)
2. The social worker is responsible for reviewing and updating this information as change occurs and at a minimum annually.

4210. Working with Non-US Citizens

4211. Notification to Foreign Consulates

4220. Assessment for New CWS Cases

4221. Family-Focused Assessments

The social worker shall complete a full family-focused case assessment to identify family strengths and problems. The assessment includes multi-family groupings; e.g., the family home from which the child was removed as well as the home of another parent. RCW 74.14A.020

4222. Community-Informed Decision-Making

The CWS assessment focuses first on identifying family resources or services within the community, which can be utilized to safely maintain a child in his/her own home and community. The social worker identifies services that may be needed in the future through coordination with the family and other relevant community agencies.

4223. Culturally Appropriate Assessment

Culturally sensitive assessment means viewing the family from its own perspective, cultural context and values. The family, the extended family, and the community must be encouraged to identify their own solutions to mitigate the need for services.

4224. Initial Assessment

The FVS social worker's initial assessment includes:

1. For youth missing from care that are referred by overnight shelters the social worker must:
   1. Notify Law Enforcement of youth's whereabouts per Practice and Procedures Guide 4550 Children Missing from Care
   2. Notify the youth's parents that a report has been received and the youth is currently safe and off the streets within 24 hours,
   3. Inform parents of services designed to resolve the conflict and accomplish reunification of the family.
   4. Make contact by telephone or other reasonable means.
2. For cases involving sexually exploited youth as defined in Appendix A, the FRS social worker must refer the youth and family to available services through the Office of Crime Victims Advocacy. The FRS social worker must explore filing a CHINS petition if applicable.
3. Identification of family needs and strengths.
4. Determining who is or may be legally responsible for the child, including presumed and alleged fathers.
5. Clarifying the presenting problems and resolutions expected.
6. Obtaining the family and child's own description of the situation and family's recommendations for how to solve the problem.
7. Reviewing family history, including such factors as ethnic and cultural heritage, family and community resources, emotional/social support systems, medical histories, family dynamics, educational backgrounds of parents and children, work histories/employment stability, availability of financial resources (TANF, public housing, Supplemental Security Income [SSI], Social Security, Veterans Administration benefits), and family mobility.
8. When the social worker or CHET Screening Specialist identifies a child birth to three years old with a concern about the child's developmental delays, a referral will be made to a Lead Family Resources Coordinator with the Early Support for Infants and Toddlers (ESIT).
   1. Referrals are made by contacting the local ESIT Lead Family Resource Coordinator or through the ESIT web site.
   2. The referral must also be discussed with the child's parents/caregivers. The parents/caregivers should also be informed that services from ESIT are free. This service is required for children in out-of-home placement.
   3. The referral must be made no more than two working days after a concern(s) has been identified. The family may request that the referral timeline be extended beyond two days. This request must be documented.
   4. At the time of the pre passport staffing, or earlier if appropriate, the assigned social worker should be notified that a referral was made on behalf of the child. Document this in the pre passport Action Plan under the Developmental Domain for the child.
9. Reviewing available case records, previous service/placement history, and response to previous services.
10. Making collateral contacts necessary to complete assessment.
11. Consultation with supervisor as needed.
12. Determine Native American status.
13. The social worker shall determine ethnic status of family members, complete the Indian Identity Request Form, DSHS 09-761, and determine whether any family members are of Limited English Proficiency (LEP) or are persons of sensory impairment. Interpreter services will be provided as needed by the family. All services subsequent to intake will also utilize interpreter services as needed.

4240. Assessment for Transferred Cases

The newly assigned CWS social worker reviews the assessments completed by CPS, FRS, or another CWS unit upon case assignment.

4250. Assessment for Out-Of-Home Placement

4252. Assessing for Reasonable Efforts

The social worker shall assess if safety threats exist and then complete the Safety Plan Analysis to determine if and in-home or out-of home safety plan will manage and control all indentified safety threats. The social worker shall not place any child unless the Safety Plan Analysis indicates the identified safety threats cannot be managed and controlled with an in home safety plan.

4253. Assessment for Decision to Place in Out-Of-Home Care

1. Some children have dual status in that they may be dependent as well as meeting the service definitions for other programs or divisions. For example, a child may be found by the court to be both a dependent child and a juvenile offender who may also be committed to a Juvenile Rehabilitation Administration (JRA) placement for a period of time, or a child may be developmentally disabled and eligible for some DDD services. In such cases, DCFS services will be offered in accordance with state and local interagency agreements.
   1. DCFS is required to make a referral to the Division of Child Support (DCS) whenever a child is placed in out of home care for more than 72 hours.
   2. Children's Administration Management Information System, CAMIS will automatically send an electronic referral to DCS once the child is placed for 72 hours or more. The sent referral initiates the process for establishment and collection of support from the child's parents to reimburse DCFS for foster care expenditures.
   3. In certain cases there may be Good Cause for not pursuing collection and for those situations DCS will not collect support to reimburse the FC expenditures.
   4. Basis for a good cause determination as defined in CA's WAC 388-25. For a more complete description see 91400 in the CA Operations Manual.
2. Within the constraints of available financial resources, placement services will be provided to children according to the following ordered priorities:
   1. Children who urgently require protection from child abuse or neglect (CA/N).
   2. Children who are developmentally disabled as defined by DDD and are referred for placement shall be assessed against the process/criteria outlined in the DCFS/DDD agreement.
   3. Children who are mentally ill or who are among the priority populations identified by statute and Regional Support Networks (RSN) shall be assessed according to criteria defined in local DCFS/Mental Health agreements.
   4. Referrals of children with conduct disorders or juvenile offender histories shall be assessed utilizing DCFS guidelines. The juvenile justice system has primary responsibility for community protection. However, DCFS staff will assist in planning to the extent possible and as defined by DCFS agreements with the Juvenile Rehabilitation Administration (JRA) or other local agreements.
3. DCFS social workers shall not place children in the types of situations outlined below, as they relate to CFWS. For placement standards for CPS, see chapter 2000, and, for FRS, see chapter 3000.
   1. Children who, after assessment, the DCFS worker believes will not be helped in out-of-home care.
   2. Youth 12 - 17 years of age in conflict with parents and who have not been through FRS, except adoption support families that have already received extensive counseling services.
   3. Youth 12 - 17 years of age whose parents are unwilling to have them at home due to misbehavior and who have not been through FRS.
   4. Youth for whom the primary placement issue is community protection, including sexual predators not covered by the Sexually Aggressive Youth (SAY) statute.
   5. Youth who are unwilling to live in the home of parents who are willing to have them at home, when this is the only presenting problem.
   6. Youth who are mentally ill and a danger to themselves or others as defined by a mental health professional.
4. Admission of Children to Nursing Facilities
   1. Upon receiving a referral of a child for admission to a nursing facility, the Home and Community Services (HCS) division, Aging and Adult Services Administration (AASA), will confirm the involvement of the child with DCFS. If the child is not currently involved with DCFS, HCS will refer the child to DCFS or DDD if that is appropriate.
   2. DCFS will decline acceptance of the referral of the child if the child does not meet the service definitions of DCFS' programs.
   3. If the child is or becomes a client of DCFS and the DCFS social worker, in consultation with the worker's supervisor, determines that nursing facility admission is the most appropriate service for the child, the social worker will request that HCS staff:
      1. Attend any multi-disciplinary team staffings held; and
      2. Complete, or assist with the completion of, the HCS Comprehensive Assessment and, if appropriate, authorize nursing facility care.
   4. If the child to be placed is a DCFS client, DCFS will be expected to cover the cost of care through its programs in most instances. The DCFS social worker should consult with HCS and DDD staff, as appropriate, to identify other suitable resources to cover the cost of care. In addition, the social worker must establish the child's eligibility for and authorize Title XIX Medicaid.
   5. DCFS will not place the child in any facility without a court order or a voluntary placement agreement per 4307 Voluntary Placement Agreement (VPA) policy.
   6. If the child is a DCFS client, the assigned DCFS social worker retains case management responsibility, including locating the appropriate nursing facility, discharge planning, and other activities. The DCFS social worker may request assistance of HCS staff in locating an appropriate nursing facility for the child.
5. The social worker shall conduct, and document, a social study whenever a child is placed in out-of-home care under the supervision of the department. The study shall be conducted prior to placement, or, if it is not feasible to conduct the study prior to placement due to circumstances of the case, the study shall be conducted as soon as possible following placement. The social study includes, but is not necessarily limited to, an assessment of the following factors:
   1. The physical and emotional strengths and needs of the child.
   2. The proximity of the child's placement to the child's family to aid reunification.
   3. The possibility of placement with the child's relatives or extended family.
   4. The racial, ethnic, cultural, and religious background of the child.
   5. The least-restrictive, most family-like placement reasonably available and capable of meeting the child's needs.
   6. The reasonable efforts to place siblings in the same foster home, relative caregiver, other suitable person or adoptive home.
   7. Reasons why siblings are unable to be placed together including if placement is contrary to the safety and well-being of any of the siblings.
   8. Compliance with RCW 13.34.260 regarding parental preferences for placement of their children. RCW 74.13.065

4254. Parent-Child-Sibling Visiting Policy

Purpose

1. Visitation is the right of the family. The agency shall encourage the maximum parent child and sibling contact possible, when in the best interest of the child.

RCW 13.136

2. Early, consistent, and frequent visits are crucial in maintaining parent-child relationships. Visits are vital to develop appropriate connections between parents and children. Purposeful visits improve safety, permanency and well-being.
3. Visits between siblings living apart are essential to maintaining sibling relationships.

Policy

1. When a child is in CA custody via a court-ordered placement (licensed or unlicensed) a written visit plan addressing visits with parents (DSHS 15-209c) must be developed within (3) business days of placement.
2. When a child is placed on a voluntary placement agreement (VPA) a visit plan addressing visits with parents must be developed at the time the VPA is signed.
3. Unless there are documented safety concerns, an initial child/parent visit should occur within 72 hours of placement. If this is not possible, it must take place within 5 business days of the date of placement or signing of the VPA.
4. When siblings are placed apart in out-of-home care, a written plan for twice-monthly visits must be developed (unless safety concerns exist). *Twice-monthly contact during parent-child visits meets this requirement. Other forms of contact may be substituted when a visit is not possible.

Procedure

1. Written Visit Plan- Development and Review

The social worker:

1. Develops a written visit plan that outlines the structure and logistics of visits with input from the parents, child(ren), as developmentally appropriate, and caregivers.
2. Bases the visit plan on the best interests of the child, including safety, well-being and the permanent plan.
3. Requests the participation of the Tribal Worker, if one is assigned. If a CASA/GAL, is assigned, their participation is encouraged.
4. Develops and reviews the visit plan with the family at the shelter care hearing, Family Team Decision Making meeting, case conference or other shared planning meeting.
5. Reviews the visit plan at a shared planning meeting whenever there is a substantial change, including, but not limited to:
• Any increase or decrease in safety and risk concerns
• Change in permanency plan
• Change in the well-being of the child

At a minimum, visit plans will be reviewed during shared planning meetings, such as 30-day staffings, change of placements, LICWAC, permanency planning staffings, and family group conferences.

2. Frequency of Visits
1. The assigned social worker should observe visits between the parent/child/siblings quarterly, at a minimum.
2. Unless documented safety concerns exist, social workers must ensure visits between siblings placed apart occur twice per month. Other forms of contact may be substituted when a visit is not possible. (Settings such as staffings or court are not considered visits.)
3. Location and Duration of Visits
1. The social worker pre-approves the location of visits and ensures visits are:
1. In the least-restrictive and inclusive setting, with consideration given to the cultural and social patterns of the family and child;
2. Preferably in the child's community;
3. In a setting that assures the safety of the child(ren);
4. In an age-appropriate setting for the child(ren)
5. Held in the DCFS office if it is necessary for the protection of the child(ren) or to allow more flexible visits and more support before, during and after visits.
4. Requirements for Visit Participants
1. The social worker determines who will participate in visits; and
1. May request a BCCU background check and CAMIS/FamLink check for visit participants (See Operations Manual Chapter 5000, sections 5515 and 5522).
2. Must follow policy and get supervisor approval before allowing contact between the child and perpetrator in serious physical and sexual abuse cases. (See P&P Section 2331.)
5. Supervision of Visits
1. The social worker determines the level of supervision for parent/child visits based on factors outlined in the Social Worker Practice Guide- Visits between Parents, Children and Siblings (See pages 7-8 and 13 for definitions and considerations):
• Supervised
• Monitored
• Unsupervised
2. The social worker determines the level of supervision for sibling visits based on the needs and behavior of the children. (See Practice Guide page 16 for definitions):
• Sight/Sound/Touch
• Sight /Sound
• Sight
6. Criteria for Supervisors or Monitors of Visits
1. When possible, the person utilized for visits will be familiar with and integrated into the child's life, i.e. relative, friend or neighbor.
2. The social worker verifies that any person or contracted provider who is utilized for visits, whether supervising, transporting or monitoring, meets the following criteria:
1. Approved Background Check Central Unit (BCCU) check (See Operations Manual, Chapter 5000, Section 5522 for list of disqualifying crimes);
2. Approved CAMIS/FamLink check (See Operations Manual Chapter 5000, section 5515);
3. Ability to intervene to keep the child safe;
4. Prioritizes the safety and well-being of the child;
5. Ability to enforce visit rules, court orders, limitations and activities;
6. Keeps all information confidential;
7. Reports observations to the social worker re: behaviors and interactions; concerns, and;
8. If transporting, has a valid driver's license, insurance on the vehicle used in transport and approved child restraints (car seat, lap and shoulder belt). Vehicle used in transport must be licensed.
7. Changes to Visit Plan
1. Visits must only be limited or terminated when the child's, safety, health and welfare is compromised. The social worker must not recommend limiting visits as a sanction for the parent's lack of compliance with court orders.
1. If the social worker recommends limiting or terminating visits; the recommendation should be supported by any of the following:

RCW 13.34.136

1. Therapist recommends decreasing or suspending visits due to the harm to the child.
2. The child is at risk of physical or emotional abuse.
3. The supervisor of the visits is threatened.
4. If the parent appears intoxicated, the visit will be stopped that day, but may resume.
5. The court adopts a permanency plan other than return home.
2. The social worker staffs any change in visits with his or her supervisor.
3. The social worker uses Shared Planning meetings that include the parents and caregivers to discuss changes in visits.
4. The social worker's supervisor monitors progress of visits through case conferences with the social worker.
5. In dependency cases, the social worker informs the court of any changes in visit plans. A court hearing is required unless the child's safety is jeopardized or the court order allows for a change in visits. The social worker should staff recommended changes with their AAG.
6. The social worker stops visits between parent(s) and the child after parental rights are terminated or relinquished unless otherwise specified in an open communication agreement. Visits between the child and siblings or other significant relationship may continue after the termination of parental rights, unless contraindicated.
8. Rescheduling
1. When a visit must be rescheduled, the social worker will notify all participants soon as possible. Appropriate contact information needed for canceling and rescheduling visits will be included in the written visiting plan.
9. Documenting Visits
1. The social worker documents visits in the case notes, including:
1. Observations, progress, concerns or changes.
2. Visit reports from contracted agencies (and notes from approved natural supports who provide visits). The social worker will note the date of the visit and reference the written report in the text.
3. The reasons why visits did not occur within the recommended timeframes.
2. The visit plan and recommendations must be in the format of the ISSP visit section or use DSHS 15-209C. Plans must be consistent with court orders and updated accordingly.
3. The social worker uses the following code for visits with parents:
• Visit- Unsupervised
• Visit- Supervised
• Visit- Did not occur
4. The social worker uses the following code for visits between siblings:
• Visit- with siblings

*When a visit includes the child's parent and sibling, use both parent and sibling visit codes to record the visit.

4260. Considerations For Placement Choice

4261. Placement Priorities

4262. Routine and Special Needs

1. The social worker considers and documents the child's routine and special needs, including cultural, educational, medical, religious, psychological, and safety factors. The placement provider need not be of the same ethnic background as the child in order to meet the ethnic or cultural needs of the child. Unless a compelling reason is identified, the social worker will not match children on the basis of race to foster or adoptive families, except as provided in the Indian Child Welfare Act.
2. The social worker considers whether the placement provider chosen can cooperate with the overall permanency plan in a positive way that contributes to a timely and safe resolution of problems for the family. In addition, the social worker always considers the child's need for stability in relationships when choosing a placement.

4264. Native American Children

CA social workers must follow the provisions of the Indian Child Welfare (ICW) Manual when placing Native American children.

1. Upon initial acceptance of a case for service, the social worker must seek to discover and document whether the involved child is of Indian ancestry. The social worker must do this in every case.
2. Each time the case is transferred from one worker or program to another, the social worker receiving the case must confirm that verification of Indian ancestry has previously been completed.

4265. Minimizing Placements

The social worker develops and chooses placements designed to provide stability and permanency for the child. Utilizing short term receiving care does not violate this principle. Although multiple placements may occur, they are generally not considered to be in the best interest of children or their families.

4266. Out-of-State Placements

1. Purpose and Scope
   1. This section establishes guidelines for CA staff to follow when considering placement, usually in a treatment setting, of a child in an out-of-home care setting in another state. Such placements include, but are not necessarily limited to, Behavior Rehabilitation Services/Group Care, Treatment Foster Care, Child in Needs of Services (CHINS) placements, and mental health treatment. They typically do not include relative placements.
   2. While providing directions regarding such placements, CA reaffirms its commitment to meeting needs of children through resources that are geographically close to their families and that are the least restrictive, most home-like setting, consistent with the individual needs of the child.
   3. This procedure applies to placements from this state to another state as well as to placements of children into specialized out-of-state facilities from out-of-state foster care or relative placements when the department no longer considers the home from which the child has been removed to be the child's permanent placement.
2. Procedure
   1. Placements in out-of-state programs with which CA has current contracts in the states of Idaho and Oregon require only approval of the Division of Children and Family Services (DCFS) Region which utilizes the contract with the particular program and the Interstate Compact on the Placement of Children (ICPC) program manager. See paragraph 3.f below. Current programs meeting this criterion are Northwest Children's Home, Lewiston, Idaho; Morrison Center, Portland, Oregon; and Janus, Portland, Oregon.
   2. CA does not pay educational costs of children, including those placed out-of-state. The school district in which child resides has the responsibility for these educational costs. If the social worker finds the school district reluctant to cover the educational costs, the social worker needs to consult with the worker's supervisor and area manager, as appropriate, as well as the regional group care coordinator, to develop a plan for obtaining school district support.
      1. If the proposed placement is due, in part, to the inability of the educational district of the child's current residence to meet the educational needs of the child, the school district should be involved in the planning for the placement and should agree to pay for the educational costs for the child in another district, including a district in another state.
      2. If the child's educational needs are being met in the child's residence school district, the school district is under no obligation to pay for the education of the child in another district. However, as the district may be expending large amounts to meet the child's educational needs, the district may be willing to help support the educational needs of the child in another district. It is the school district's decision to make.
      3. The procedure, for any out-of-state placement being considered, is:
         1. The social worker, at the earliest opportunity, must contact the school district in which the child is enrolled and ask for an Individual Education Plan (IEP) conference to discuss the benefits of the possible placement. If the child is not in special education and the placement is not imminent, the social worker must ask that the child be made a “focus of concern,” a federal term related to accessing federal special education dollars.
         2. The social worker must invite the school district to participate in the placement planning process.
         3. In situations where there is an additional charge for educational services within the out-of-state facility, school districts have the ability to write a contract directly with the facility for these services. The district can then apply for federal funding by making the child a “focus of concern.”
   3. For children to be placed in non-currently contracted out-of-state programs, CA staff must meet the following requirements.
      1. The social worker must consult with the regional group care coordinator to discuss the child's needs and options to meet those needs.
      2. The child's social worker must explore all reasonably available and appropriate placement options within this state that may be reasonably expected to meet the child's special needs. CA discourages out-of-state placement of children unless the child's needs can clearly be met only in the out-of-state placement. The social worker must consult with and advise the Juvenile Court and the child's guardian ad litem on the need for out-of-state placement, the proposed placement, and the plan for the child. In addition, the social worker must complete and document in the child's case file the following steps:
         1. Use of a team process to identify child and family needs, including names of participants and dates of meetings or consultations;
         2. Development of a plan to meet identified family and child needs;
         3. Exploration of non-traditional, alternative ways of meeting the child's needs; identification of barriers to these options;
         4. Assessment of relationship of the proposed placement to the child's permanency plan;
         5. Preparation of a description of the behavioral goals to be achieved through this placement;
         6. Determination of anticipated length of stay in out-of-state placement; and
         7. Development of a preliminary discharge plan which includes a description of how supports will be developed so that the child can be returned to the community quickly and which relates to barriers previously identified.
      3. The regional group care coordinator must consult with the CA Residential Care Program Manager to explore all options that may be available within the state before proceeding to place the child out-of-state.
         1. This consultation must occur prior to submission of the written request described in subparagraph d below to the Regional Administrator for the out-of-state placement.
         2. The program manager can provide technical assistance or facilitation of meetings as requested and explore with the group care coordinator goals of the out-of-state placement and discharge planning.
      4. The child's social worker must document, in writing using an Exception to Policy (ETP) form, the need for out-of-state placement, efforts to locate a suitable in-state placement, how the placement will further the permanent plan, a description of the specific facilities considered, the reasons for their rejection, the planned length of out-of-state placement, and the plan for return of the child to this state.
      5. The Regional Administrator or designee must sign the ETP form to approve the placement, and the social worker files the signed form in the child's record.
      6. For all out-of-state placements, CA staff must comply with the requirements of the Interstate Compact on the Placement of Children (ICPC) and the CA Practices and Procedures Guide, chapter 4000, section 4533, Rehabilitative Treatment Services. For those placements in Oregon and Idaho facilities with which CA has contracts, the social worker needs only to complete the CAMIS/ICPC page or an Interstate Compact Placement Request, DSHS 15-092, and fax it to the headquarters ICPC program manager at (360) 902-7903 for ICPC approval.
      7. The Regional Administrator or designee may authorize an out-of-state placement only in a facility within 100 miles of the home from which the child is being placed, with the exception of a currently contracted program. The CA Assistant Secretary, or designee, must approve any out-of-state placement where the placement treatment facility is located more than 100 miles from the child's home and is not a currently contracted facility or program.
      8. The Regional Administrator, or designee, as applicable, may approve out-of-state placement of a child only when:
         1. The placement is consistent with the child's permanent plan;
         2. Necessary services to meet the child's special needs are unavailable within this state;
         3. Appropriate services are offered in closest proximity to the family resource;
         4. There is a plan to return the child to this state within a limited period of time, unless the plan is to achieve proximity to the child's permanent planning family.
         5. Placement is in a facility licensed in accordance with the rules of the state in which the facility operates; and
         6. The child placed under a dependency or CHINS order is not placed in an out-of-state locked facility.
      9. The assigned CA social worker does not require Regional Administrator approval for placements of children into specialized out-of-state facilities from out-of-state foster care or relative placements when the department continues to consider the home from which the child has been removed to be the child's permanent placement.
      10. When the state of Washington pays for services, the regional contracts coordinator or other regional staff assigned by the Regional Administrator must negotiate a written child-specific purchase of service agreement between the department and the facility. This agreement must conform to form, content, and approval required by the CA Division of Management Services.

4267. Removal Of Children From Licensed Care

42671. Purpose

The purpose is to provide guidelines for Children's Administration (CA) Division of Children and Family Services (DCFS) and Division of Licensed Resources (DLR) staff involved in the placement and removal of children from licensed or certified care. Such care may be provided by DLR licensed facilities, private child care agencies, and tribal social service agencies. However, CA does not remove children in the custody of Tribes or private agency.

42672. Policy

1. DLR has the responsibility to investigate all allegations of child abuse and neglect (CA/N) in DSHS licensed, certified, and state operated care facilities for children. DLR also must ensure the immediate safety of alleged child victims and other children in the home or facility in the course of any investigation. DLR has the responsibility to make licensing decisions.
2. RCW 26.44.056 and RCW 13.34.050 provide that a child may be removed from a biological parent, adoptive parent, or legal guardian when CPS or law enforcement determines that the child would be at risk of imminent harm or danger if left with the parent. Only law enforcement may remove a child from a biological or adoptive parent or legal guardian or custodian without a court order.
3. The standard that must be met before a foster child can be removed from foster care is lower than that for removal from the child's parent or guardian. RCW 74.13.300 states the standard for removal from foster care by providing that removal may occur if the foster child's safety is in jeopardy. The term “child's safety is in jeopardy” is a lower standard than the imminent harm standard. RCW 74.15.010, the intent section for the licensing statute, clarifies this standard.
4. For children placed through a tribal child placing agency, CA must consult with the Tribe's social service program when undertaking the steps for removal of children under this policy. Such actions must be consistent with the requirements of the federal Indian Child Welfare Act (ICWA), 25 U. S. C. 1901, et. seq., and the CA Indian Child Welfare Manual. CA may not remove a child in the custody of the Tribe.
5. RCW 13.34.236 requires that a dependency guardian meet the minimum requirements to care for children as provided in RCW 74.15.030.

42673. Procedures

1. If the investigating social worker determines that a child is at imminent risk or the child's safety is in jeopardy, CA staff will follow the steps below:
   1. The DLR/CPS supervisor will make a recommendation to the appropriate DCFS supervisor so that DCFS staff can act to protect the children at risk.
   2. DLR/CPS will consider whether a safety plan to enable the child to remain in the placement is appropriate.
   3. The two divisions must make every effort to resolve any differences of opinion regarding the assessment of risk.
   4. If DLR and DCFS staff are unable to resolve differences of opinion and DLR/CPS still believes that the child or children are at risk and need to be removed, the DLR/CPS Section Manager makes the final decision regarding initial assessment of risk.
2. DLR/CPS staff must inform the licensed or certified person or agency of the investigation findings. DCFS staff, who are responsible for the child in the placement, must inform the care provider of the need to remove the child, unless DLR staff has agreed, on an individual basis, to inform the provider.
3. DLR and DCFS staff will coordinate and cooperate regarding the removal of the children to ensure that the removal is in accordance with CA policy and procedures. DLR/CPS staff may assist in the transport of children if this is the agreed upon plan with DCFS.
4. If, in the course of a CPS or licensing investigation, OFCL staff determine that DLR will revoke the license and DCFS, child placing agency, or tribal-supervised children in the custody of CA (foster care, guardianship, pre-adopt) are present in the home, DLR and DCFS staff will take the following steps:
   1. The DLR Regional Manager will notify the DCFS Regional Administrator (or designee) and the private agency or tribal social service agency, when applicable. The DLR Regional Manager will convene a staffing to include ALL parties. The focus will be to review the issues and concerns AND to discuss the dual mandates of safety and permanency.
   2. If DCFS, the private agency, or the Tribe requests DLR to continue the license of a foster/group care provider after a finding of child abuse/neglect, the continuation must be within the Adoption and Safe Families Act (ASFA) guidelines.
      1. This provision covers only homes and facilities licensed or certified by CA; it does not include homes or facilities licensed by sovereign Tribes.
      2. DLR Regional Managers need to consult ASFA guidelines for corrective action plans and continuation of foster care licenses.
   3. The DCFS Regional Administrator or the applicable private agency or Tribe must initiate a request for a continuation of the foster care license, under a corrective action plan, and the DLR/OFCL Regional Manager must make a decision on the request before DLR takes any adverse licensing action.
   4. If DCFS, or the private agency or Tribe and DLR still cannot reach agreement, the DCFS Regional Administrator or the designated representative of the private agency or Tribe and the Director of DLR must meet to discuss and resolve the situation, taking into consideration both safety and permanency.
   5. All removals of children from foster care placements must comply with RCW 74.13.300. The foster parent has the right to request a review of the decision to move the child pursuant to RCW 74.13.045, the department's complaint resolution process.
   6. The DCFS Regional Administrator and the Director of DLR must review the situation with the Assistant Secretary before DCFS staff process adoption consents and/or guardianship agreements if a child remains in a facility with founded CA/N or where OFCL believes revocation is indicated.

4270. Department of Corrections Confinement Alternatives

 Continue to sections 4300 - 4309