This section contains procedures for case planning and case review. Legal mandates for case plans are included in the CA Case Services Policy Manual, chapter 4000. Details on requirements to comply with federal funding mandates are contained in the Operations Manual, chapter 11000.
- Purpose
In order to make the most appropriate decisions regarding the safety, permanency and well-being of the children we serve, it is important that staff make use of a Shared Planning process.
- The purpose of Shared Planning is to bring individuals together to share information, plan and inform decisions regarding children and families involved with Children's Administration (CA). Individuals participating in this process will have pertinent and relevant information, and/or the expertise to help make the most appropriate plans for child(ren)'s safety, permanency and well-being. Shared planning meeting participants may include, but are not limited to:
- Parents;
- Children (when appropriate according to the child's age and developmental capacity);
- Other family members and relatives;
- Peers;
- Members of other units within a local office;
- Foster parents or other caregivers;
- Tribes;
- Local Indian Child Welfare Advisory Committee (LICWAC)
- DSHS staff from other administrations;
- Community members/partners involved in the case; and
- Court Appointed Special Advocate (CASA)/Guardian Ad Litem (GAL)
- Attorneys;
- Others identified by the child/family.
- Shared Planning involves input from other principals; however, if the child is in the temporary or permanent custody of CA, CA is ultimately responsible for the child's safety, permanency and well-being in conjunction with the court's approval and direction. CA will base any recommendations to the court on the best interest of the child, including safety, permanency and well-being and compliance with reasonable efforts mandates.
- Shared planning will be utilized at critical decision making points and time frames during the life of the case. This process provides opportunities for:
- Child(ren) and family input in planning
- Critical thinking via a comprehensive review and analysis of child and family strengths and needs, and other information;
- Creative problem solving;
- Shared responsibility for planning;
- Quality assurance;
- Increased communication with all parties affected by the plans and decisions;
- Consolidation of various staffings and meetings; and
- Addressing and supporting child safety, permanency and well-being.
- Shared Planning Meetings
Participants will be invited to Shared Planning Meetings with 5 days advance notice when possible. For more emergent meetings, notice will be given to participants as soon as possible. Meetings that include the child should be arranged at a time and location that accommodates the child's schedule and comfort level, whenever possible.
Written reports shall be requested from any participants unable to attend. If the family, the child or caregiver are not present, their perspective shall be presented.
All shared planning meetings will address safety, permanency and well-being, and include a review of the tasks and activities associated with each of these elements. A shared planning meeting may include an update or full discussion of one or more of the tasks and activities.
The types and variety of meetings/staffings that may occur throughout the life of a case are numerous. The various "types" of meetings and the corresponding tasks/activities have been consolidated and are now called "Shared Planning Meetings."
Shared planning meetings will replace specific types of staffings (e.g. permanency planning staffings, aka prognostic staffings, case conferences, etc) and occur within the time frames outlined below. The shared planning meetings will include the three main elements of Safety, Permanency and Well-being, and include any required participants (either by statute or policy) outlined in Section D below.
- Shared Planning Meeting Time Frames:
Shared planning meetings occur at the following intervals:
- Within 72 hours from Original Placement Date (OPD)1
- Where Family Team Decision-Making (FTDM) is available. If not
available, the time frame will be within 30 days of OPD.
- Within 30 days from OPD
- If the 30 day shared planning meeting is used for the case conference under RCW 13.34.067, the following participants must be invited: AAG, parents, parents' attorneys, guardian ad litem/CASA and/or child's representative. A written service plan must be developed that defines the expectations of both CA and the parent regarding the voluntary services for the parent. (See Section D)
- A permanency planning goal should be identified within 30days OPD, but no later than 60 days OPD.
- The initial ISSP should be developed within 30 days, but no later than 60 days OPD.
- Within 6 months (180 days) from OPD
- Within 9 to 11 months from OPD
- Every 12 months thereafter until permanency is achieved or case closure.
- If a shared planning meeting or other case staffing occurs within 30 days on either side of the above time frames, the social worker will have met the requirement for the respective shared planning meeting time frame.
- Other meetings2 may occur in different time frames, but if held within a 30 day window of a shared planning meeting, may be substituted or consolidated if the appropriate persons participate and the meeting addresses the required elements.
- Adoption Planning Review
- Behavioral Rehabilitative Services (BRS) Staffing
- Case Conference (RCW 13.34.067)
- CHET (Child Health and Education Tracking) Staffing
- Family Meeting (FTDM, Family Support Meeting or Family Unity Meeting, Family Group Conference)
- Foster Care Assessment Program Key Person Staffing (FCAP)
- LICWAC Staffing
- Mental Health/Substance Abuse Treatment Planning
- Multiple Placement Staffing
- Multi-Disciplinary Staffing for Youth Exiting Care (For youth 17.5 and older)
- Permanency Planning Staffing (aka Prognostic Staffing)
- Tribal Staffing
- Elements of Shared Planning Meetings
Throughout the life of a case, particularly in out of home placement cases, CA responsibilities fall in three main areas: Safety, Permanency and Well-being, regardless of case file possession, (e.g. CPS or CWS). Specific tasks/activities pertaining to each element are listed below.
Safety
- Review assessments related to safety
- Develop and/or update safety plan or transition and safety plan
- Develop and/or update appropriate ISSP sections, as needed
- Identify/discuss community supports
- Identify/discuss family supports
Permanency
- Identify/discuss placement planning for permanency and stability
- Initiate/discuss status of relative search/relative home study
- Identify/discuss status of Tribal affiliation
- Identify/discuss ways to maintain community and cultural connections
- Review assessments for strengths and challenges to timely permanence
- Identify/update permanency planning goals and progress, including barriers to reunification and discuss compelling reasons for alternate permanency plans
- Discuss referral for TPR petitions or identify/discuss compelling reasons not to file
- Identify action to support concurrent planning
- Discuss option of adoption with current caregiver
- Develop and/or update appropriate ISSP sections, as needed
- Identify/discuss services and referrals needed to eliminate need for agency involvement
- Develop and/or update visiting plans, including sibling visits
- Discuss whether siblings are placed together and consideration of placement together
- Complete Adoption Planning Review form (if appropriate)
Well-being
- Identify, address, and document the mental health, physical health and educational well-being of child, including services needed to support healthy development
- Review and/or assign roles and responsibilities for child's education
- Gather/review/update medical information
- Review any services that need to be considered as a result of the CHET screening or consultation with the PHN
- Discuss/review Independent Living Services and transition plans
- Develop and/or update appropriate ISSP sections, as needed
- Develop an alternative plan for assessment, treatment and services, if child has been denied mental health or substance abuse services.
- Documentation of Shared Planning Meetings
- Recommendations, assignments and dates will be documented on the shared planning
meeting form (DSHS14-474) The ISSP or written service plan will be updated as
necessary.
- Provide licensed foster parents and relative caregivers with the results and recommendations of all of the department's screenings and assessments concerning the child, within 5 business days of completion. This includes but is not limited to the Foster Care Assessment Program (FCAP) assessment and any recommendations from the Shared Planning Meeting addressing the CHET screening results.
- Document only the date of completed shared planning meetings in SER's utilizing a staffing
code for "Staffing-Other" or "Staffing-Prognostic/Pre-Passport/Permanency/Adoption" and refer to the written shared planning form in the text of the SER, per CAMIS policy 152253
(Operations Manual).
- Any shared planning meeting may also be utilized as a monthly social worker visit with the
parent, child or caregiver if the majority of monthly social worker visits are in the home where the child resides.
- Quick Reference to Staffings
The following is a list of staffings designated in current policy and/or statute that ideally would be incorporated into the above timeframes for shared planning meetings. As long as the required time-frames can be met (within 30 days on either side of the time frame) and the purpose and participants of the staffing listed below are included, this consolidation will help reduce the number of meetings/staffings.
- Adoption Planning Review (CA Practices and Procedures Guide 4690, 4691, 4692)
- Time-frame: 1st review occurs within 30 days of the referral to Assistant Attorney General (AAG) for Termination of Parental Rights (TPR) petition. The 2nd review occurs within no less than 30 days of the order of TPR.
- Purpose: To explore all possible permanency resources, to determine whether adoption or another permanent planning outcome is in the continuing best interest of the child, and to expedite and implement a permanency plan.
- Participants: Assigned social worker, Adoption Supervisor or Program Manager, GAL/CASA, LICWAC or Tribal worker, if the child is identified as Native American.
- Behavior Rehabilitative Services (BRS) Staffing (CA Practice and Procedures 4533)
- Time-frame: 30-days after entry into BRS and 30-days prior to planned discharge from BRS.
- Purpose: Case planning and family meeting
- Participants: Youth, family members, youth identified advocate; other youth identified significant persons, social worker, tribal member (if appropriate).
- Case Conference (RCW 13.34.067)
- Time-frame: Following shelter care hearings and up to 30 days prior to fact-finding if the parent attends the shelter care hearing and agrees to participate in case conference or requests the case conference.
- Purpose: To develop a written service agreement outlining services to be provided to the parent and addresses findings at the shelter care hearing.
- Participants: Social worker, social work supervisor (when indicated), AAG, parent, parents' attorneys, guardian ad litem/CASA, other professionals who play a significant role with the family.
- CHET (Child Health and Education Tracking) (74.14A.050)
- Time-frame: screening within 30-days of placement for children under the department's legal jurisdiction and who are expected to remain in care beyond 30-days. If further comprehensive mental health assessment is needed, the assessment must occur within 45 calendar days of the child entering care. Other assessments and service delivery must occur within 90-days of placement to address any issues identified in the screening process or issues identified by a public health nurse or other referral source.
- Purpose: To identify, address and document the physical health, developmental, emotional/behavioral, education and connections for a child, and identify services to support healthy development.
- Participants: Assigned social worker, CHET specialist, child (12 and above), child's parent(s), caregivers or other service providers. Private agencies may be included depending on the privacy agency agreement.
- Additional staffing requirement: when a child is denied mental health or substance abuse assessment/treatment services by a provider.
- Family Meeting (RCW 74.13)
- Time-frame: On-going.
- Purpose: To establish a plan that provides for the safety, permanency and well-being needs of the child through engaging families in the decision-making process. Family meetings are meant to improve outcomes for children, provide family-focused intervention, facilitated by professional staff, and build and strengthen the natural care giving system for the child.
- Participants: Social worker, supervisor, biological parent(s), extended family, other parental supports, resource families, service providers, community representatives.
There are different types of family meetings, all of which meet (and may exceed) the above description. These family meetings include:
- Family Team Decision Making - An FTDM meeting brings together families and others who are connected with the family when there are serious safety risks to a child that could result in out-of-home placement or when there is a placement disruption. FTDMs are collaborative, time-limited (1-1/2-2 hours), facilitated and structured meetings that can occur within 24-72 hours after the request is made. These are mandatory meetings in those areas where Family to Family is in place.
- Family Support Meeting or Family Unity Meeting (FSM or FUM) - FSM/FUM meetings are similar to FTDM in that they are collaborative, time-limited (2-2-1/2 hours), structured and facilitated meetings that involve family members and others involved with the family. However, FSM/FUM's are voluntary and placement is not necessarily the main focus of the meeting. (Example: CPS investigation is completed; the children will not be removed from home, the FSM/FUM is convened to ensure community and family services and supports are in place when the CPS case is closed).
- Family Group Conference (FGC) - A Family Group Conference is a day-long structured and facilitated meeting that allows parents and extended family to assume a decision-making role and take responsibility for developing a plan that will ensure for the safety and protection of their children. FGCs are voluntary and held only if the parents agree. After the SW and invited professionals explain what is happening with the child, the family has the opportunity to meet privately to come up with a plan.
- Foster Care Assessment Program (FCAP) Key Person Staffing
- Time-frame: After the final report (SPAR-Services and Permanency
Assessment Report) is received by the social worker, per contract.
- Purpose: to organize and mobilize key persons in the child's life to review the
child's needs and initiate necessary actions to address permanency, mental health, and
physical health issues.
- Participants: may include caregiver, child, parent, therapist, teacher, relative or
any other person who has an involvement in the child's life.
- Local Indian Child Welfare Advisory Committee (LICWAC) (CA policy 99-02 & 00- 01 and RCW 74.13.080)
- Time-frame: As determined by LICWAC, prior to in-court permanency planning
reviews and at least every six months.
- Purpose: When the child's tribe is not available for consultation and case plan development. Cases must be staffed with LICWAC under these conditions:
- The tribe has failed to respond within 10 days to a written request for involvement or,
- The tribe has requested and defined what they would like LICWAC to do on the their behalf
- The child is an un-enrolled Indian and not eligible for tribal membership and/or enrollment, or
- The case requires a CPT meeting, and no tribal/Bureau of Indian Affairs (BIA) is available, or
- The case requires an administrative review, or
- The tribe has indicated they do not want to be actively involved in the case, or
- There is reason to believe a child may be Indian but membership has not been verified.
- Participants: LICWAC members identified in each region (RCW 13.70.150; WAC 388-70-610)
- Mental Health/Substance Abuse Treatment Planning
- Time-frame: Upon receipt of a Notice of Action or Notice of Determination from the Regional Support Network, if the child has been denied an intake assessment or service.
- Purpose: To develop alternative plans for assessment, treatment and services for child who did not meet the Access to Care Standards through the RSN.
- Participants: Birth parents, foster parents, extended family, pre-adoptive parent, tribal representatives (when applicable) and childrens representatives except when expressly limited by existing state law or a childs lawful assertion of confidentiality.
Such exceptions must be documented in the ISSP.
- Multi-Disciplinary Staffings for Youth Exiting Care (For youth age 17.5)
- Time frame: 6 Months prior to a child turning 18 years old.
- Purpose: To address transitional planning for youth after foster care with other agencies and resources. Provides opportunity to complete the Multi-Disciplinary Staffing checklist and to inform the youth of how to access their records and how long CA retains the records.
- Participants: Social worker (CA), CSO social worker, DDD social worker, mental health provider, transitional living providers, other community partners, youth, family members, youth identified advocate, other youth identified significant persons, tribal worker.
- Multiple Placement Staffing
- Time frame: At the point the child experiences three or more placements.
- Purpose: To develop an intensive case plan to improve placement stability.
- Participants: Social worker, supervisor, biological parent(s), child,
GAL/CASA, extended family, other supports identified by the child, resource/
caregiver family, service providers, community representatives.
- Permanency Planning Staffing (RCW 13.34.145) aka prognostic staffing
- Time-frame: No later than 60 days OPD (proposed) and periodically prior to all permanency planning hearings, until permanency planning goal is achieved.
- Purpose: To identify a permanency planning goal that will either return the child home to the parent or develop a permanent plan for:
- Placement with guardian or legal custodian,
- Adoption placement,
- Guardianship or third party custody
- Participants: Child's social worker, social work supervisor, supervisor, or designee of the adoption unit; invitees: treatment providers, other professionals who play a significant role with the family, individuals with responsibilities identified in the safety plan, the family, resource family, child, if over 12 years of age, GAL/CASA, and foster home licensor.
- Tribal Staffing (ICWA and ICW Manual)
- Time frame: As requested by the Tribe per ICW manual.
- Purpose: To ensure Tribal participation in all aspects of case planning and to
ensure the ICWA is followed, etc.
- Participants: Tribal social worker or tribal designee, CA social worker, child, parents, relatives, treatment providers, other professionals who play a significant role with the family, individuals with responsibilities identified in the safety plan, resource family, CASA/GAL.
- Social workers have primary responsibility to coordinate the case planning efforts of all persons working on behalf of the child. This includes helping to develop goals and the means to their achievement with the parents in order to strengthen the family.
- Information Sharing-Either prior to or soon after placement, the social worker must have a candid discussion with the care providers to inform them of the following:
- The reasons for the placement.
- Full disclosure of the child's needs and characteristics.
- The agency plan for the child's parents, relatives, and the care providers.
- The legal process.
- The child's right to have reasonable access to uncensored communication (i.e. private telephone calls, uncensored mail) with parents, relatives, and others. Exceptions to the rights result if court orders or service plans restrict the child's contact with certain people for their safety or the safety of others, or for the child's well-being.
- The social worker must give the foster care provider/agency information and resources, within available funding, to assist with the stability of the placement and to meet the needs of the child.
- The social worker works with the placement family/agency and with the other professionals involved in the case to support the permanent plan for the child.
- See the Case Services Policy Manual, chapter 4000, section 4120, paragraph A, for requirements to disclose information regarding HIV infection and sexually transmitted diseases to the residential care provider for the child who is less than 14 years of age.
- Whenever possible, the social worker involves the child's parents in the decision to place their child prior to removing the child from his/her home.
- Except when the child's health, safety, or welfare might be compromised, the social worker must attempt to involve the child's parent(s) in the placement choice and must document this effort in the SER.
- Whenever a child is placed in out-of-home care on a non-voluntary basis by a Child Protective Services (CPS) worker as a result of a court order or a law enforcement transfer of custody, the social worker must provide to the parents the Parent's Guide to Child Protective Services and have the parent(s) sign a Temporary Custody Notification, DSHS 09-731.
- The social worker solicits the parents' active participation in the development of an Individual Service and Safety Plan (ISSP) to obtain expedient remediation of risk factors to facilitate the child's timely return home. Social workers are encouraged to develop the ISSP in a family in-person conference. All parents whose locations are known must be provided with a copy of the ISSP.
- The parents and/or the parents' attorney may request an initial case conference following the shelter care hearings and up to 25 days prior to fact-finding. The purpose of the conference shall be the development of a written service agreement that addresses the findings at the shelter care hearing. The written agreement shall be incorporated into the ISSP and reviewed by the court on a regular basis. Parties to be invited to the case conference include:
- Social worker
- Social work supervisor (when indicated)
- AAG
- Parent
- Parents' attorney
- Guardian Ad Litem
- Other professionals who play a significant role with the family
- A case conference requested by the parent shall be convened by the parent and/or parent's attorney and facilitated by the department. The conference may be a multi-disciplinary team staffing, a family group conference, a prognostic staffing, or a case conference.
- The parent and/or parent's attorney may request a case conference or staffing at any point in the dependency.
- The case conference may be used to meet other staffing requirements, as appropriate and if the timeline requirements are consistent with the scheduled conference.
- Following placement, the social worker informs the parent(s), whose location is known, of all illnesses and injuries requiring medical treatment while the child is in out-of-home care, with notice of any serious injury or illness requiring hospitalization within 24 hours following its occurrence.
- The social worker does not have authority to approve a child in placement's participation in driver's education or to obtain a driver's license. The parent(s) or court must give formal approval.
- Out-of-home care providers are responsible for the protection, daily care, and nurturance of the child in placement. A primary function of the providers is to assure the health and safety of child.
- Out-of-home care providers are members of the child's treatment team, and the social worker shall invite the provider to participate in the development of the service plan for the child and his/her family, assist in family visitation and monitoring, and model effective parenting behavior for the family.
- The child's social worker will discuss the monitoring of the child's contact with parents and relatives with the out-of-home care provider and ensure that the child's right to privacy regarding private telephone calls and uncensored mail is maintained. If there are identified barriers in court orders or the service plan the privacy right will not be honored.
- The child's social worker shall invite the out-of-home care provider to participate in prognostic and other staffings.
- See the CA Case Services Policy Manual, chapter 5000, section 5760, regarding placement provider participation in court hearings. Therapeutic foster care and group/rehabilitative care providers are responsible for additional therapeutic service as defined in their contracts with the department.
- Care providers, because of their day-to-day contact and care of the child, have valuable input about the child's behavior, school and medical status, response to parental visits, and growth and development. Care providers have a responsibility to record and share that information with the social worker or other agency/ community staff working on behalf of the child; i.e., schools, therapists, and SSI facilitators.
Whether or not a child is placed with relatives, the social worker encourages the parents to build upon the strengths found in their extended family and includes those individuals in case planning.
Indian Tribes/bands have a substantial legal and social interest in those children who are members/eligible for membership in the Tribe/band. In cases involving Native American children, the child's Tribe/band is a primary resource for identifying appropriate placement options and for service plan development/implementation. See the CA ICW Manual for specific instructions.
Professional members of the medical, educational, tribal, social services, and legal community work in accordance with the ISSP to provide services that support the child and his/her family moving toward permanency. These professionals may share their recommendations with the social worker through written reports or network staffing.
Many children who enter the child welfare system are willing and able to participate in the ISSP by sharing their needs, feelings, and goals. Although the child is not always in a decision-making position, the social worker listens, acknowledges, and responds to the child. The social worker must make special efforts to involve adolescent children in planning. The social worker must provide a copy of the ISSP to the child, if age 12 or older, upon completion and at each point of update.
Ongoing educational planning, monitoring, documentation and tracking of children's educational progress are vital to support school success for all children in the care or custody of Children's Administration (CA). The social worker has the primary responsibility to ensure the educational needs of these children/ youth are met.
Documentation of educational information, tasks and activities should occur:
- When the child/youth is initially placed or moved to a new placement
- After shared planning meetings and school conferences
- When completing or updating the child/ youth's Individual Service and Safety Plan (ISSP)
- Anytime the child/ youth's educational status changes (examples: change
in school, achievement level)
Ongoing documentation should be entered into CAMIS/SACWIS in SERs, and health and education screens. Report cards, copies of certificates and other similar records should be placed into the child/youth's case file.
- Initial Child Placement or Placement Change
At initial placement or placement change the assigned CA social worker will:
- Attempt to place child/youth in the same school or as close as possible whenever practical and in the best interest of the child as required by RCW 74.13.550. See CA Practices and Procedure Manual, Chapter 4000, section 4262- Specific Placements
- Ensure that the child/youth is enrolled and attending school within three school days of placement. Exceptions in the child's best interest need to be approved by the Area Administrator.
- Notify both existing and new school of placement or placement
changes.
- Ensure that the assigned social worker's contact information is on
the enrollment form in addition to the caregiver's so that school
report cards and other information are sent to the assigned social
worker for review and inclusion in the case file.
- Request updated schools records when there is a change in
schools when the child/youth changes placement.
- Document all educational information on the Child Information
Form (DSHS Form 15-300) within the first 24 to 72 hours after
placement. See CA Practices and Procedure Manual, Chapter
4000, section 43092. Child Health and Education Tracking
- Shared Planning Meetings or Educational Meetings
See CA Practice and Procedure Manual Chapter 400, section 4301
The assigned social worker will:
- Schedule shared planning meetings preferably during non-school
hours so child/youth can attend the meeting and invite appropriate
school staff.
- Review the Child Health and Education (CHET) screening report at
the 30 day Shared Planning Meeting.
- Discuss and assign education related roles and responsibilities.
- ISSP Development
See CA Practice and Procedure Manual Chapter 4000, Section 43091
Each child in out-of-home placement must have a long range educational plan included in the ISSP.
The assigned social worker will:
- Review and document the child/youth's education status including their strengths.
- Record education roles and responsibilities as assigned at the shared planning meetings.
- Identify any needed supports or services (e.g. tutoring, evaluations, therapy). Describe supports or services that are helping the child/youth perform better in school.
- If applicable, review and attach the IEP/IFSP/504 plan.
- If education or academic concerns are noted, request the school complete a thorough assessment and provide appropriate intervention and support services.
- Document any physical, emotional, or behavioral health issues that impair the child/youth's ability to learn, interact appropriately, or attend school regularly and develop a plan to address these issues.
- Support the child/youth's participation in extra-curricular activities.
- Providing Support to Caregivers, Children and Youth Regarding Academic
Success
The assigned social worker will:
- Provide caregiver with copies of necessary school records such as IEP or 504 Plans. See CA Practices and Procedure Manual, Chapter 4000, Section 4413, Information Sharing
- Provide ongoing case management, which includes identification of needs, coordination of services, referrals based on the identified needs of the child, and tracking any necessary follow-up to ensure timely achievement of educational and developmental milestones. See CA Practices and Procedure Manual, Chapter 4000, Section 43092, Child Health and Education Tracking
- Make a referral to the Child Find program or to the local school district for an assessment when there is a developmental concern for a child/ youth ages three to eighteen.
- Make a referral to an Infant and Toddler Early Intervention Program (ITEIP) Lead Family Resource Coordinator where the child resides, when there is a developmental concern noted in a child birth to three years old. See CA Practices and Procedure Manual, chapter 4000, section 4224 (F).
- Provide early learning information to families with children birth to five years old; making a referral to a high-quality early learning or preschool program (Head Start/ECEAP or most appropriate) for children ages three to five.
- Provide referrals to the Education Advocacy Program when education concerns are identified and cannot be resolved.
- Facilitate planning for post-secondary education. See CA Practices and Procedure Manual Chapter 4000 section 43102 and 43103
- Provide copies of all education records in CA's possession to a foster youth when the youth turns 18 years of age.
- Work with caregivers to identify funding sources to support the child/ youth's participation in extra-curricular and academic support activities. See CA Practices and Procedure Manual Chapter 4000 section 43102 and 43103
- The social worker prepares a written case plan for each case open for services after assessment. All case plans require:
- A statement of specific behaviors or risk factors the case plan is to address.
- Specific services to address those behaviors and/or risk factors.
- Screening results and action plans to meet the child's needs.
- Expected outcomes, including a projected date of completion of the permanent plan.
- Estimated duration of the service plan, not to exceed six months.
- Cases involving out-of-home placement require completion of the ISSP, form DSHS 15-209(X The ISSP shall be completed no later than 60 days from a child's removal from his/her home and placement into out-of-home care to meet Federal Case Plan Requirements. For all children 16 and over, the social worker must include a plan for developing the child's independent living skills.
- ISSP for children in care for 60 days need to include screening results and action plans concerning the child, which addresses the child's multiple needs.
- For all children 16 and over, the social worker must include a plan for developing the child's independent living skills.
The Adoption and Safe Families Act requires that reasonable efforts be made to prevent placement of a child in out-of-home care and reasonable effort be made to achieve timely permanency for a child who is placed in out-of-home care. For children protected under the Indian Child Welfare Act (ICWA), active efforts must be made. (See Indian Child Welfare Manual, Chapters 5 and 14 for detailed information.)
- Unless the child is at risk of imminent harm, the social worker is expected to make the following reasonable efforts to prevent placement:
- A determination of what services would assist the family in addressing issues identified in the assessment with the involvement of the parent in determining those services.
- Develop a written service plan with the parent with specific time-lines for demonstration of the parent's progress and specific behavioral indicators of that progress toward alleviating parental behaviors that contribute to the safety concerns and risks for the child.
- Consider the following in developing the service plan:
- Cultural issues
- Availability of planning and services offered in the native language and culture of the family
- Distance of the family from services and transportation available
- Financial ability to pay for services on the part of both Children's Administration and the family.
- Regular review of parent-agency service plans. The review of the service
should include progress made, changes needed in the plan, resistance to the service plan and alternative approaches such as court action that may be needed.
- If, due to the risk of imminent harm to the child, it is not feasible for the social worker to make the above reasonable efforts prior to placement, the social worker is expected to offer services to the family, as provided in section 43051, in an attempt to eliminate the need for placement, with focus on the parenting issues that prevent the child's safe return home, unless aggravated circumstances exist.
- In addition to making reasonable efforts to prevent out-of-home placement, the social worker is expected to make reasonable efforts to achieve timely permanency for the child if out-of-home placement becomes necessary.
- Reasonable efforts to return the child home continue until the court has:
- Terminated parental rights;
- Determined aggravated circumstance exist excusing the department from providing reasonable efforts;
- Established a guardianship or entered a third party custody order; or
- Determined that a long term care agreement is in the child's best interest and a written agreement has been signed by the caregiver, CA, the parents and the child.
| Purpose Statement |
Permanency planning is provided to all children in CA's care. The goal is to provide each child with a safe, stable environment while in the care of a nurturing caregiver who will become the permanent placement if the child is unable to return to the parents.
Concurrent planning provides for reunification services while at the same time implementing an alternate plan. Concurrent planning creates timely permanency for children in out-of-home care.
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| Laws |
RCW 74.15.020(2a) - Definitions
RCW 13.34 Juvenile Court Act - Dependency and Termination of Parent-Child Relationship
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| Policy
|
- Permanency planning starts at first contact with the family. Permanency planning continues until a permanency goal is achieved and ongoing until case closure.
- A permanency planning goal must be identified for all children in out-of-home care no later than 60 days from the Original Placement Date (OPD) per 43055. Permanency Planning Timelines by following the:
- Shared planning process in the 43054. Shared Planning Meeting for Permanency policy
- Indian Child Welfare Manual (ICWA) 10.30 (E) ICW Manual for all Indian children
- Provide the court a written permanency plan directed towards securing a safe, stable and permanent home for the child per 4309. Individual Service and Safety Plan. The report must include a:
- Primary permanent plan and an alternate plan that are pursued concurrently. Permanent and alternate plan options only include:
- Return of home to the child's parent, guardian or legal custodian
- Adoption
- Third party/non-parental custody
- Juvenile Court Dependency Guardianship
- Relative Guardianship Assistance Program (R-GAP)
- Unsubsidized
- Reasonable efforts to return the child to his/her birth/adoptive parents
- How the permanency plan is in the best interests of the child
- How the agency has worked toward securing a safe, stable and permanent home for the child as early as possible.
- Long-term foster or relative care is not a permanent plan. It is only considered when other permanent plans are not in the best interests of a child and provides continued foster care until the child is age 18.
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| Procedures |
- Utilize shared planning when making permanent plan decisions for children in out-of-home care according to timelines is 4301. Shared Planning policy. Any changes in a permanent plan require a new shared planning meeting.
- Identify a primary and alternate plan from the following options:
- Always consider Return Home as the primary permanent plan for a child when the following conditions have been addressed:
- Aggravated circumstances do not exist.
- It is likely the child will return home per 43051. Reasonable Efforts to Return a Child Home policy.
- The plan is in the best interests of the child.
- The child (as age and developmentally appropriate) has been consulted regarding the potential benefits and risks of the return home.
- The parent(s), guardian or custodian has made sufficient and timely progress in addressing the parental deficiencies that brought the child into care.
- Consider Adoption per 4540. Adoption Services policy when a child is unable to return home and when all the following conditions have been addressed:
- The child was removed from birth family and is dependent.
- Parental rights will likely be terminated by the court or relinquishment has been or will be accepted by both CA and the court.
- Reasonable efforts were provided to the parent(s) to safely reunify the child to their care. The parent(s) have not made sufficient and timely progress in addressing the parental deficiencies that brought the child into care is determined and documented in the case file.
- The plan is in the best interests of the child.
- Aggravated circumstances may exist.
- The child has been consulted about the permanent plan when age appropriate. For children over age of 14 and agrees to sign consent for the adoption.
- The child and sibling are in the same placement and the permanent plan is adoption for that sibling.
- The prospective adoptive apparent has an approved adoptive home study per 5330 Family Home Study policy.
- Consider Third Party Custody when all the following conditions have been addressed:
- The child was removed from birth family as a Voluntary Placement Agreement (VPA) or the child is dependent.
- Reunification and adoption have been ruled out as a permanent plan.
- The plan is in the best interest of the child.
- The proposed caregiver has the ability to meet the child's special needs without any support from CA and:
- Can make a commitment to parent the child until adulthood
- Has a significant relationship with the child
- Has an approved family home study per 45274 Unlicensed Placements - Home Study Requirements
- The permanency Planning Benefits and Limitation Matrix (link has been reviewed with the proposed caregiver.
- All parties have agreed to the Third Party Custody.
- A determination is made through the shared planning process that it is not in the best interest of the child to pursue reunification, adoption or Guardianship.
- The child and sibling are in the same placement and the permanent plan is third party custody for that sibling.
- The child (as age and developmentally appropriate) has been consulted regarding the potential benefits and risks of the permanency plan and the child has stated preference for the identified plan.
- If child is legally free, an attorney must be appointed.
Note: If parental rights have been terminated, Third Party Custody must only be considered in extreme circumstances.
- Consider Juvenile Court Dependency Guardianship from one of the following options as appropriate:
- Relative Guardianship Assistance Program (R-GAP) per 43401. Relative Guardianship Assistance Program (link) policy when the following conditions have been addressed:
- The child was removed from birth family as a Voluntary Placement Agreement or the child is dependent of CA or Tribe.
- The child is placed with a licensed relative for 6 consecutive months.
- If the child is considered an Indian as defined in the ICW Manual and the:
- Tribe(s) is involved and requesting a subsidized guardianship. (43401 R-GAP), or
- Tribe(s) is involved through concurrent or exclusive jurisdiction.
- Reunification and adoption has been ruled out as a permanent plan.
- The child (as age and developmentally appropriate) has been consulted regarding the potential benefits and risks of the permanency plan and the child has stated preference for the identified plan
- Child has made a significant connection to the caregiver and has been placed with the family for over six months.
- The Permanency Planning Benefits and Limitation Matrix has been reviewed with the proposed caregiver.
- A determination is made through the shared planning process that it is not in the best interests of the child to pursue reunification or adoption.
- If child is legally free, an attorney must be appointed.
- Consider Unsubsidized Juvenile Court Guardianships when all the following conditions have been addressed:
- The child was removed from birth family as a Voluntary Placement Agreement or the child is dependent.
- The child is placed with an appropriate licensed caregiver for 6 consecutive months.
- The child (as age and developmentally appropriate) has been consulted regarding the potential benefits and risks of the permanency plan and the child has stated preference for the identified plan.
- The child has made a significant connection to the caregiver and has been placed with the family for over six months.
- The plan is in the best interests of the child and child needs the stability offered with this living arrangement.
- A determination is made through the shared planning process that it is not in the best interests of the child to pursue reunification or adoption.
- The Permanency Planning Benefits and Limitation Matrix (link) has been reviewed with the proposed caregiver.
- The caregiver is receiving TANF or another funding source and have no services or payments provided by CA and:
- Makes a commitment to care for the child until the age of 18 or 21 if applicable.
- Demonstrates the ability to cooperate with the Department in shared planning for the child.
- Has a significant relationship with the child.
- Agrees to cooperate and enter into a guardianship and the permanent plan is approved by the court.
- And other adults living in the home pass a criminal history background check (fingerprint based) and CA/N check.
- If child is legally free, an attorney must be appointed.
- Consider Long Term Foster or Relative Care Agreements when all the following conditions have been addressed:
- The child was removed from birth family and is dependent.
- A determination is made through the shared planning process that it is not in the best interests of the child to pursue reunification, adoption or Guardianship.
- The child's special needs require a high level of financial and agency support that cannot be met in an adoption, third party custody or Guardianship.
- The plan is in the best interest of the child and child needs the stability offered with this living arrangement.
- The child has made a significant connection to the caregiver and has been placed with the family over six months.
- The Permanency Planning Benefits and Limitation Matrix (link) has been reviewed with the proposed caregiver.
- The child (as age and developmentally appropriate) has been consulted regarding the potential benefits and risks of the permanency plan and the child has stated preference for the identified plan.
- Children over the age of 14 (developmentally appropriate) agree to sign consent for the long-term foster care agreement and is aware of the potential benefits/risks of other permanency plans.
- If child is legally free, an attorney must be appointed.
- The caregiver:
- Makes a commitment to care for the child until the age of 18 or 21 if applicable.
- Shows an ability to meet child's special needs.
- Demonstrates the ability to cooperate with the Department in shared planning for the child.
- Has a significant relationship with the child.
- Agrees to cooperate and enter into a long term foster care agreement approved by the court.
- Signs a Long Term Care Agreement (DSHS 15-322) form (insert link).
- The Regional Administrator signs the Checklist for Approval of Long Term Care agreement for Foster Parents or Relative Caregivers (DSHS 15-322).
- Staff permanent plans of Third Party Custody, Juvenile Court Dependency Guardianship and decisions not to pursue a permanent plan with supervisor, shared planning, through the AA.
- Document the primary and alternate permanent plan in electronic case file in the Shared Planning form and Permanency Planning page.
- Document in case plan reasons permanent plan is in the best interest of the child.
- Document reasons for separation from siblings (if applicable) in the FamLink visitation plan (Permanency Plan detail tab)
- Determine the best interest of the child by considering:
- The child's wishes and long-term goals
- Cultural consideration
- Medical issues
- Age of the child
- Community ties, including church, school, relative and friends
- Long term needs of the child
- Emotional ties and development needs and how these can be met through the identified permanent plan
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| Cultural Considerations |
Family Centered Approach:
The way CA staff engages the family (or fails to engage the family) can directly affect the willingness of the family to work with other members of the department. The level of trust and integrity established between the agency and the family often has a direct relationship on the child being able to remain/reunify with his/her family. Everyone who meets the family needs to build positive relationships.
For example:
The definition of family varies from group to group. While the dominant culture has focused on the nuclear family, African Americans define family as a wide network of extended family, non-blood kin and community. Native American Indian families traditionally include at least three generations and multiple parental functions delegated among aunts and uncles, as well as grandparents and cousins. Different cultural groups also vary in their traditional practices and views of adoption.
Determine if there are cultural considerations that need to be addressed as part of the planning process, for example, obtaining information about protocols, such as, how to approach a family, use of a cultural elder, matriarch or patriarch or the need for a culturally appropriate support person.
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- Scope of Reasonable Efforts
Following placement of the child in out-of-home care, the social worker must offer reunification/preventive services to the family to try to eliminate the need for placement. See section 4304 above for the overall scope of reasonable efforts.
- Safety Assessment and Safety Plan
- The social worker must complete a Safety Assessment and Safety Plan prior to the reunification when:
- A child is reunified with a parent following placement in out-of-home care due to abuse or neglect
- The placement is less than 60 days in duration.
- The supervisor must review the Safety Assessment and Safety Plan as part of the decision-making process to reunify the child with his/her family.
- Reunification Assessment
- The social worker must complete a Reunification Assessment, on all dependent children in care longer than 60 days due to child abuse or neglect, prior to making a reunification decision and before:
- All court review hearings where reunification is identified as the permanent plan.
- Any overnight visitation with the parent occurs.
- The social worker must document the decision to reunify in the Reunification Assessment, including why reunification is the case plan.
- Transition and Safety Plan
- The social worker must complete a Transition and Safety Plan for all dependent children in care longer than 60 days due to child abuse or neglect, using the results of the Reunification Assessment when:
- Reunification is indicated
or
- Reunification is ordered by the court.
- The Transition and Safety Plan must be completed prior to transitioning a child to the parent, unless the Court orders a child returned to a parent immediately.
If the Court orders the child returned immediately, the Transition and Safety Plan must be completed as soon as possible after reunification is accomplished.
- All Transition and Safety Plans must include:
- Any ongoing services that will be provided
- A plan for monitoring the child's well being.
- Reasonable Efforts to Reunify
The social worker's reasonable efforts to reunify a family must include:
- Scheduling visitation* between parent and child, taking into account the child's developmental level and the child's need to maintain or form an attachment. (*Unless visitation is harmful to the child or prohibited by the court).
- Offering services that are geographically accessible to the family.
- Offering services that are responsive to the family's cultural background and native language.
- Placing the child as close to the family home as possible, while still meeting the needs of the child.
- Considering the parent's wishes and opinions in the development of all case plans.
- Offering services related to identified risks and needs.
- Identifying clear timeframes for the completion of services.
- Documenting progress of court ordered services in the case plan.
- Following a schedule for timely monitoring and reviews of case plans (at least every six months) by courts, citizen review boards, and administrative review boards as required by state and federal law.
- Documenting efforts to provide services and the outcomes of those services in the case plan.
- Reassessing families at least every six months to evaluate the risk to the child if the child were returned home.
- Referring the child's case to the SSI facilitator to review for possible application and benefits.
- Completing a CAMIS records check, DSHS criminal background check and out-of-state CA/N registry check for anyone living in another state during the past 5 years.
- Notify the parent with whom the child is being placed that he/she must notify CA of all persons residing in the home who may act as a caregiver for the child both prior to and following the child's return home.
- Identifying caregivers for the child and assessing caregivers for services.
- The Reunification Assessment must include a written narrative or a report that provides information in the following general areas:
- Parental Empathy and Emotional Capacity
Examples may include:
- The parent's emotional and psychological preparedness for the child's return home and current stressors;
- The parent's empathy for the child's feeling of grief and loss;
- Any parental ambivalence regarding reunification;
- Contacts between parent and child to maintain parental responsibilities, family connections, and cultural and community connections. These may include:
- Medical appointments
- Therapy sessions
- School activities
- Other appropriate activities
- A description of risk and protective factors within the family since the child was removed and how they may impact reunification (e.g. pregnancy, job loss, change of residence).
- Attachment
Examples may include:
- The attachment between the child and the caregivers.
- Any issues of grief and loss for the child and caregiver at the time of separation.
- Developmental and Safety Concerns of Child
Examples may include:
- The developmental stage of the child when he/she entered care and when he/she returns home.
- A review of the reason the child came into care, initial risks to the child and the safety threats at the beginning of placement.
- The length of stay in placement.
- Family Support System and Cultural Needs
Examples may include:
- Description of the natural support system available to the family and whether or not the support system is adequate.
- The child's cultural needs, including language, food, and family traditions.
- The decision to reunify must be documented in the file and in the ISSP. Reasons why reunification is the case plan must be included and supported by the results of the reunification assessment.
- The purpose of a trial return home period is to:
- See that the safety and well-being needs of the child are met when the child transitions home
- Support the parents and child in their efforts to achieve a successful reunification.
Reunification and trial return home services are provided in two phases:
- Prior to making a decision about returning a child home, preliminary work by the social worker must be completed, this includes:
- Completing the Reunification Assessment
- Completing the Transition and Safety Plan
- Monitoring parent-child visitation (increasing in frequency and length)
- Completing a CAMIS records check, DSHS criminal background check and out-of-state CA/N registry check for anyone living in another state during the past 5 years.
- Notify the parent with whom the child is being placed that he/she must notify CA of all persons residing in the home who may act as a caregiver for the child both prior to and following the child's return home.
- Identifying caregivers for the child and assessing caregivers for services.
This assessment and the services provided are used by the social worker to determine if reunification is appropriate.
- After the child is placed in the parent home under a trial return home, services include, but are not limited to:
- Monthly visits (not to exceed 40 days between visits) by social worker (see 4420 Social worker visits with children receiving services in-home)
- Ongoing safety and risk assessment
- Plan for monitoring the child's well-being (may include services and supports identified through CHET screening, Foster Care Assessment Program, or Family Team Decision Making)
- Any other services identified in a Shared Planning meeting
- Revised trial return home plan or case closure.
- The permanent plan of reunification is achieved when the dependency is dismissed.
- When CA places a child in out-of-home a permanency planning goal must be identified no later than 60 days from the Original Placement Date (OPD) and preferably no later than 30 days from OPD. This will be documented in the ISSP/Case Plan.
- The permanency plan must identify one of the following permanency options as a primary goal and may identify additional permanency options as alternative goals. (See Permanency Planning Practice Guide for Social Workers in determining the best permanency plan for the child and use of Shared Planning Meetings.)
- The following plans are considered Permanent Legal Arrangements, in order of preference:
- Return to home of a parent, guardian, or legal custodian;
- Adoption;
- Third party custody with someone other than the parent (permanent legal custody); and
- Guardianship (including Dependency Guardianship).
- A long term care agreement is another planned living arrangement and may be considered for a child age 14 or older, if the above permanency plans have been ruled out. A long term care agreement is an agreement between the parties and the caregiver with the intention of being stable and lasting until the child is age 18.
- If "poor prognosis indicators"3 exist for return home, or aggravated circumstances exist, the social worker must identify and document an alternate, concurrent plan that will provide the stability for the child.
- When a plan other than return home, adoption, third party custody or guardianship is selected as the primary plan, the social worker must identify the compelling reason(s) why the preferred plans are not in the best interest of the child. (See section 43063, below, for compelling reasons).
- The social worker will document in the SER's or shared planning form and summarize in the ISSP/Court Report:
- Decisions or recommendations made in shared planning meetings;
- Who attended the meeting and/or who submitted reports for consideration
- The primary and alternate permanency plans;
- Compelling reasons as outlined in section 43063;
- Efforts to place the child in a safe and stable home in a timely manner; including efforts to find an appropriate relative placement, when in the child's best interest; and whether both in-state and, where appropriate, out-of state
placement options have been considered.
- The exploration and discussion with the current foster or relative caregiver regarding their interest in being an adoptive resource for the child(ren) in their care, including providing the CA written brochure, The Adoption Support Program, DSHS 22-705(X);
- Recruitment plans for locating a permanent placement for the child if there is not a permanent resource identified.
- Within 30 days of recommending the initial permanency plan or of
recommending modification of the permanency plan, the social worker must record the new or revised plan in CAMIS and the ISSP. The social worker must not wait until the court review of the new or revised permanency plan.
- Shared planning meetings assist social workers in developing and
assessing permanency plans. Permanency planning should be addressed at each shared planning meeting held within 30 days of OPD; within 180 days of OPD; between 9 and 11 months OPD; and every 12 months thereafter until permanency is achieved or the dependency is dismissed.
- Social workers should refer to Shared Planning Policy for a list of participants and invitees. It is especially important for parents and children to participate in the permanency planning discussion.
- Discuss with the parents the child's need for permanency, the role of the parent in permanency planning, the roles of Children's Administration and the court in permanency planning.
- Discuss concerns and issues about permanency with the child, as developmentally appropriate; or
- Seek the child's input in identifying permanency options among his/her existing network of supportive adults, giving consideration to both in-state and out-of-state resources. The child's view will be considered.
- Meetings that include the child should be arranged at a time and location that accommodates the child's schedule and comfort level, whenever possible.
- Written reports shall be requested from any providers unable to attend. If the family is not present, their perspective should be presented.
- In identifying, developing and assessing a permanency plan, participants
should address the topics outlined in the Permanency Planning Practice Guide for Social Workers. This includes reviewing "Strengths in Families" and "Poor Prognosis Indicators" in the shared planning meeting.4
- If a child's placement episode has been interrupted and the child returns to
out-of-home care and has been in out-of-home care for six months or more of the previous 12 months, the social worker will schedule a shared planning meeting.
Permanency planning hearings must occur:
- By the 12th month of placement for all children in out-of-home care even if reunification with parents is the primary plan and the parents are making significant progress.
- Within one year of each previous permanency planning hearing as long as the child remains in out-of-home care without a permanency plan being achieved. A child in a long-term care agreement is not considered to have permanency achieved, therefore, permanency planning hearings continue.
- If, following 90 days of service delivery after disposition, the parents have
failed to make progress or engage in services in resolving the issues that brought the child into care. This may coincide with the initial review hearing which is to be scheduled for in-court review six months from OPD or 90 days from the entry of the dispositional order, whichever comes first.
- Within 30 days after the court has determined that reunification services
for the family are no longer required in a case with a finding of aggravated circumstances. In those cases, the social worker must identify a primary or alternate permanency planning goal other than reunification with the legal parent(s).
- The social worker must consider initiating a petition to terminate parental rights when any of the following conditions exist:
- The child has been in out-of-home placement for 90 days pursuant to an order of disposition, and the parents have failed to engage in services.
- The parents have failed to make any progress in a service plan following 90 days of service delivery or a qualified expert has stated the parents are unable to make the changes required to safely parent the child.
- The child has been in out-of-home care for a total of 12 of the last 19 months, and the parents have not made sufficient progress to allow the child to be safely returned home in the near future.
- If a termination petition is to be filed in any other circumstances, this must be approved by the social worker's supervisor, and a representative of the adoption unit.
- Under Washington law, termination of parental rights is necessary for an
adoption of a child. A petition to terminate parental rights is a step toward the implementation of a permanent plan of adoption. Adoption is the preferred permanent plan if a child can not be returned home.
- The social worker must initiate the drafting of a petition to terminate parental rights with the Office of the Attorney General or, if appropriate, the county prosecutor's office no later than the 12th month of placement unless compelling reasons have been identified to the contrary. (See section 43063 for a description of compelling reasons.)
- If the parents, after filing of the termination petition, begin to make progress toward a permanency plan of returning the child home, the termination petition may be dismissed at the request of the department or the termination fact-finding hearing may be continued to allow the parents the opportunity to make the changes required.
- Children's Administration, represented by the Assistant Attorney General or prosecutor's office, may ask for no more than two continuances of a trial for termination of parental rights. Such a request by the social worker for a continuance must include the written agreement of the assigned social worker's supervisor. Under the extraordinary circumstances, and with prior approval by the Area Administrator, an additional continuance may be sought.
- See the CA Case Service Policy Manual, chapter 5000, section 5762, Termination of Parental Rights, paragraph A, for legal requirements regarding determination of aggravated circumstances in termination proceedings. The list of aggravated circumstances contained in section 5762 is not exclusive. The social worker must consult with the assigned Assistant Attorney General or County Prosecuting Attorney whenever the social worker believes a finding of aggravated circumstances may be appropriate.
- For cases involving findings of aggravated circumstances in which a decision is made to not file a petition to terminate parental rights, the compelling reasons must be documented in the ISSP and available for the court's review.
- Through a shared planning meeting, compelling reasons may be identified that warrant not filing a termination petition within 12 of the last 19 months time period. The compelling reasons not to file a termination petition must be considered on a case-by-case basis considering the individual circumstances of the child and family. Examples include, but are not limited to:
- Adoption is not the appropriate permanency plan for the child in that:
- The child is age 12 or above, and following a discussion of the alternatives with the social worker, the child opposes adoption as a permanent plan.
- The relatives with whom the child resides have agreed to be a permanent resource but, after a discussion of the alternatives, have made an informed decision that they do not wish to adopt the child.
- The parents are making significant progress in addressing the issues that brought their children into care, and the social worker expects reunification within six months.
- CA has not provided reasonable efforts to return the child to the legal parents unless the court has found aggravated circumstances exist, which relieved the department of the requirement to provide reasonable efforts to reunify the family.6
- The existence of compelling reasons to not file a termination petition must be reviewed and documented in each subsequent court report. If compelling reasons no longer exist, the social worker must refer the child's case to the Office of the Attorney General or county prosecutor's office to initiate a petition to terminate parental rights.
- There may be compelling reasons to not recommend return home, adoption, third party custody and guardianship. If there are compelling reasons ruling out these permanent plans, then the permanent plan will be "another planned permanent living arrangement" (long-term care agreement) for the child. Examples of these compelling reasons include, but are not necessarily limited to:
- The child is age 14 or older and following a discussion of the alternatives with the social worker, opposes other legal plans as permanent plans.
- The criteria for choosing a long-term care agreement have been reviewed and met.
- The juvenile courts are authorized to terminate parental rights voluntarily (relinquishment) under chapter 26.33 RCW. Social workers must use the forms provided by the Office of Attorney General or county prosecutor, as applicable, relating to relinquishment of parental rights. In order to achieve legal sufficiency it is important to use the most recently revised forms whenever handling a voluntary relinquishment. If out-of-date forms are used rather than the most recent form, the relinquishment may not be legally binding.
- Petitions for voluntary termination of parental rights may be initiated for either an unborn or born child. The hearing on the petitions for relinquishment or termination cannot occur until at least 48 hours after the birth of the child or the parent's signing the consent to adoption, whichever is later. See section 43068 below for requirements regarding Indian children.
- In considering a petition for termination of parental rights based on a voluntary consent to adoption by a parent, the judge will review whether the consent was genuinely voluntary and whether the termination of parental rights is in the best interest of the child.
- The social worker must take care to inform the parent that any relinquishment is voluntary throughout this process.
- If the parent has an attorney, that attorney must be involved in the legal process for termination of parental rights. When the parent has an attorney, the social worker does not work with a parent to secure a relinquishment and consent to adoption without the involvement of the parent's attorney.
- Under a voluntary adoption plan, the department must follow the wishes of the alleged father, birth parent, or parent in identifying an adoptive placement. See the Case Services Policy Manual, chapter 5000, section 5762, and this chapter, section 45404.
- If any parent seeking to relinquish the parent's parental rights is under age 18, or incapacitated if over age 18, or when there is a question about the parent's capacity to voluntarily relinquish, the court must appoint a GAL for that person prior to the relinquishment being entered and before an order to the court. If a social worker learns that a parent is under 18 or of questionable capacity, the worker must seek a hearing to have a GAL appointed for the parent before taking any other legal action to proceed with a voluntary termination.
- The GAL for a parent must do an investigation and report to the court concerning whether any written consent to adoption or petition for relinquishment signed by the parent was signed voluntarily and with an understanding of the consequences of the action. RCW 26.33.070
- Prior to agreeing to entry of a voluntary relinquishment, the department, through the social worker, must agree that termination of parental rights and adoption is in the best interest of the child. Financial concerns alone are not grounds for a parent to relinquish a child.
- The social worker may also oppose a termination petition because no adoptive family is available to care for a child. Other concerns, such as the child's support of the adoption case plan and the family's use of services available to correct parental deficiencies, may also be considered.
- Permanency Planning Case Staffing-If the child is identified as an "Indian child" per Appendix A, and is required to have a LICWAC staffing the child must have a LICWAC staffing to establish a permanency goal no later then 60 days from the original placement date. (Refer to Indian Child Welfare Manual 10.15.)
- Active Efforts-If the Indian Child Welfare Act (ICWA) protects the child, the social worker must continue active efforts toward reunification with the child's parents or Indian custodian, if any, until the court terminates parental rights. See Appendix A for the definition of "Indian Child."
- Compelling Reasons-The fact that the Tribal/State agreement defines the child as Indian and the child's involved Tribe or Canadian First Nation does not concur with the filing of the petition or with adoption as the permanency plan for this child may be a compelling reason not to file a termination of parental rights petition. Compelling reasons not to file a termination petition must be made on a case by case basis considering the individual circumstances of the child and family
- Termination of Parental Rights to a Native American Child
- Special procedures apply when handling the voluntary or involuntary termination of a Native American child. The social worker must refer to the Indian Child Welfare Manual.
- Petitions for voluntary termination of parental rights may not be initiated for an unborn Indian child. The hearing on the petitions for relinquishment or termination cannot occur until at least 10 days after the birth of the child or the parent's signing the consent to adoption.
- Children's Administration's Voluntary Placement Agreements (VPA's)7 may be utilized for brief placement stays and are based upon having an agreed, completed Voluntary Service Plan8 and a Visiting Plan9. The Voluntary Service Plan outlines services parents have agreed to participate in to return the child to the family home including maintaining regular visits and contact with the child as described in the Visiting Plan.
- The timeframes for case and permanency planning for a child under federal and state statute begin when the child is placed; whether on a VPA, protective custody by law enforcement (police hold) or court order, whichever comes first. This begins the Original Placement Date (OPD).
- Voluntary Placement Agreements should only be entered for children under age 18 in situations meeting the following criteria:
- The temporary circumstances of the family prevent the parent from caring for the child in the home;
- The placement will not exceed 60 days;
- A voluntary service plan and visiting plan have been completed;
- The VPA is in the child's best interest and the child's view has been taken into consideration;
- The child's safety, both physical and emotional, is not compromised by a VPA;
- Safety and protection do not appear to require court intervention;
- Services have been explored and offered to prevent placement; including the alternative of leaving the child in the family home with a Safety Plan and social service supports.
- Less disruptive alternatives to placement have been considered, or are not appropriate in the circumstances
- Children's Administration may only accept Voluntary Placement Agreements (VPA's) (DSHS 9-004B) that are signed by the parent or guardian with legal custody of the child. The consent becomes valid when signed by a representative of CA (usually the social worker) (WAC 388-25-0050).
- When a request for a voluntary placement involves a Native American child, involvement of the court with jurisdiction, either tribal or juvenile is required. The social worker must follow the requirements of the ICW manual. (Chapter 6, Section 06.50 Voluntary Consent to Foster Care Placement)
- CA Voluntary Placement Agreements will not be accepted on children who are on a Hospital/Medical Administrator/Physician Hold, as long as the child remains in the hospital.
- CA Voluntary Placement Agreements will not be accepted on children who are being placed outside of Washington State.
- CA staff must place children for whom the staff have legal authority for the placement10, only in homes or facilities licensed or certified or relatives not required to be licensed. (RCW 74.15) CA staff must not place children in unlicensed, non-relative homes, except as identified in RCW 74.15.020: licensed physicians and attorneys need not be licensed to provide care; staff may place children in unlicensed adoptive homes following completion of an approved home study. The placement should be consistent with meeting the child's needs for continuity and permanency, including exploring relative placement.
- CA Voluntary Placement Agreements will be reviewed at any time at the request of the child, parent, or social worker and no later than 60 calendar days from OPD to assess progress with services and reunification efforts.
- Extensions of VPA Timeframes:
- If the parent is requesting the VPA be extended beyond 60 days, the social worker must:
- Obtain a new VPA for an additional 30 days (90 days total) with the signed approval of the supervisor;
- Complete a full ISSP if the child has been out of home 60 days and the placement is extended; and
- Identify a permanency plan for the child.
- For placement extending beyond 90 calendar days and up to 179 days, a new VPA must be signed and approved by the Area Administrator. An Alternative Administrative Review or Citizens Review must be held prior to the 179th day if the placement is anticipated to continue beyond the 179th day and the ISSP must be updated.
- A VPA may not last longer than 180 days. (WAC 388-25-0055).
- 4. For a VPA extending beyond 180 days, an exception to WAC 388-25-0055 must be granted by the regional administrator or designee (WAC 388-25-0060) and:
- A new VPA must be signed and approved by the Regional Administrator.
- An Alternative Administrative Review or Citizens Review must be held within six months of the previous review and the child must be scheduled to return home within six months on a specific date, or the child must be seventeen years of age or older.
- The ISSP must be updated.
- Payment for these placements will be state funds only, unless a court order authorizing placement is obtained prior to the 180th day of placement.
- The child must not remain in care for longer than twelve months unless a court review hearing has been held that meets dispositional and permanency planning requirements per 42 USC 675, section 475.
- The CA social worker must release a child from placement as soon as can be reasonably accomplished after the social worker receives a request, either written or verbal from the legal parent, custodian or guardian who consented to the placement by signing a CA Voluntary Placement Agreement (VPA), DSHS 09-004B. The CA social worker must document the date, time and location of the return to the parent in the Service Episode Record (SER).
- If CA is opposed to returning the child, immediate steps must be taken to either have the child taken into protective custody by law enforcement or a CHINS petition or a dependency petition may be filed and a judicial finding (court order) that:
- return to the parent or guardian is contrary to the welfare of the child, and
- continued placement in out-of-home care is in the best interest of the child. (WAC 388-25-0055).
- Youth who are in foster care at the time of their 18th birthday may sign a Voluntary Plan for Continued Placement and Services to remain in foster care through age 20 (up to their 21st birthday) to enable them to complete their high school or vocational school program (secondary educational program). RCW 74.13.031 (10). The plan must be signed by the youth and the CA social worker immediately prior to the 18th birthday or on the youth's 18th birthday.11
- A transitional living plan must be developed by the social worker with the youth and documented in the Service Episode Record (SER) prior to or at the signing of the Voluntary Plan for Continued Placement and Services for Youth (age 18 to 21).
- The social worker must maintain contact and visits with the youth at least every 90 days.
- The Voluntary Plan for Continued Placement and Services for Youth will automatically terminate:
- when the youth completes his/her high school education, GED or vocational program or turns 21 years of age, whichever comes first
- If the youth stops actively working to complete his/her high school education, GED, vocational programming or is terminated from those programs.
- If the placement disrupts for reasons such as: youth runs away, youth does not follow rules of the foster home; youth violates the law;
- If the youth fails to comply with the terms of this agreement.
- If the youth chooses to leave foster care.
- The social worker files a dependency petition if the child is at risk of imminent harm and if the parents refuse or are unwilling to immediately make changes adequate to protect the child, or after all other reasonable attempts to help correct the family problems have been exhausted.
- The Office of the Attorney General or its designee represents the department in dependency matters and presents the evidence supporting department petitions alleging dependency or seeking the termination of a parent and child relationship. In Class 1-9 counties the Attorney General may contract with the prosecuting attorney of the county to perform duties of the Attorney General.
- If a child is alleged to be dependent and if a child's health, safety, and welfare will be seriously endangered if he/she is not taken into custody, a service worker must file a petition and request a court order that the child be taken into custody. If the court enters such an order, the court may direct a law enforcement officer, a probation counselor, or a CPS official to take the child into custody. RCW 13.34.050
- The social worker is required to testify at the first shelter care hearing as to notice given to the parents.
- The social worker must refer to the ICW Manual when working with American Indian/Alaskan Native children.
The service worker may be required to submit written reports, attend, and present testimony at court hearings. See the CA Case Services Policy Manual for detailed legal requirements.
- CA staff must make good faith efforts to comply with all court orders.
- In cases where it is not possible to comply, with a court order, despite staff's best efforts, the social worker must promptly consult with the worker's supervisor and legal counsel to explore alternatives. If compliance is not possible, the worker must take steps to obtain a modification of the order. If the parties will not approve an agreed order of modification, the worker and legal counsel must schedule the matter for a hearing as soon as possible so that the situation can be brought to the court's attention and DCFS can request that the order be modified.
- Employees are eligible for liability protection and may seek legal representation through the Office of the Attorney General, consistent with the provisions of DSHS Personnel Policy 523.
- When a child is in out-of-home care, the social worker must complete or update the ISSP in the following timeframes.
- The first ISSP is due no later than 10 working days before the dependency Disposition hearing or by the 60th day of the placement episode of a child (whichever date occurs first). The second ISSP is due by the 180th day of placement, and periodically thereafter at six month intervals.
- If the worker completes the ISSP earlier than required, the next ISSP is due no later than six months from the date of the last one completed.
- The ISSP plan shall include screening results and action plans to address the child/youth's multiple needs.
- The social worker must submit the ISSP in the following situations:
- For all court disposition, permanency planning, and review hearings.
- To obtain approval to place a child in Behavior Rehabilitation Services, formerly called group care.
- For prognostic staffings and administrative reviews.
- For citizen reviews.
- For tribal or Local Indian Child Welfare Advisory Committee (LICWAC) staffing, as appropriate and as defined in the ICW Manual.
- The social worker must develop the ISSP after consulting, in person if possible, with the parents of the child, and, if developmentally appropriate, with the child. Following completion of the service plan, the social worker's supervisor must approve and sign each ISSP and update. The social worker must provide a copy of the initial ISSP and updates to the parent(s) if the parent(s) whereabouts are known.
- The child's ISSP contains information that is important for the child's caregiver to know so that the caregiver can provide appropriate care to the child. The social worker must share the ISSP with the child's foster parent, relative caregiver, or pre-adoptive parent(s).
- Before sharing the ISSP with the child's caregiver(s), the social worker must remove the section titled Current Status/Social Summary of the Parent, which contains confidential information about the parent that is not relevant to providing appropriate care for the child. Following are examples of information the social worker may include in the Social Summary section of the parent:
- Detailed confidential information about the parent's mental health, such as:
- The treatment modalities being used;
- The types of medication prescribed; and
- The details of the parent's personal life that may be contributing factors to inconsistencies in the parent's progress in treatment.
- All specific details related to alcohol or substance abuse, including details about:
- The specific types of substance abuse, except as this information relates directly to health care for the child;
- The details of any relapses; and
- Information about treatment modalities and locations, except as this information would impact the child; for example, when residential treatment disrupts the visitation schedule.
- Details of the parent's personal life that do not impact service provision and planning for the child.
- The child's caregiver must preserve the confidentiality of information contained in the ISSP. A social worker who becomes aware of a breach of confidentiality must discuss this with the caregiver, the social worker's supervisor, and the licenser. The social worker and supervisor may decide to use another strategy to provide the caregiver with all information pertinent to providing appropriate care for the child. The social worker must document the alternate strategy for sharing information in the child's electronic record.
Child Health and Education Tracking (CHET) is designed to identify and organize essential and appropriate information about the well-being of all children in the care or custody of Children's Administration (CA). The purpose is to assess the current well-being, and identify long-term needs of children in CA's care or custody. Well-being factors include physical health; development; social, family and community connections; education and emotional/behavioral health.
- At the time of placement, the assigned social worker has primary responsibility to:
- Document information regarding the child's well-being on the Child Information/Placement Referral form (DSHS Form 15-300) within the first 24 to 72 hours after placement. See CA Practice and Procedure Manual, chapter 4000, section 4413, B.1.a.
- Provide a copy of the Child Information/Placement Referral Form (DSHS Form 15-300) and the placement agreement with the child's caregiver. See CA Practice and Procedure Manual, chapter 4000, section 4413, B.1.a.
- Complete a new Child Information/Placement Referral Form at each placement change and when additional information is obtained. See CA Practice and Procedure Manual, chapter 4000, section 4413, B.1.a.
- Child Health and Education Screening Process
- Children under the legal authority of CA, who are expected to remain in care for 30 days or more, are to receive a well-being screening.
- The Child Health and Education well-being screening will be completed within 30 days of the child's Original Placement Date (OPD) as required by RCW 74.14A.050.
- The screening specialist makes referrals in accordance with the CHET Practice Guide.
- The screening specialist immediately notifies the assigned social worker when a CHET required screening tool indicates a mental health referral or when other mental health concerns are identified.
- The screening specialist makes a referral for all children birth to three-years-old to an Infant and Toddler Early Intervention Program (ITEIP) within two working days when a concern about the child's developmental delay is identified during the screening process. Referrals will be made in accordance with each region's ITEIP protocol. Children ages birth to three who are under CA's legal authority may also be referred for an ITEIP assessment by the assigned social worker any time there is a concern about the child's development. See CA Practices and Procedure Manual, chapter 4000, section 4224 (F).
- The screening specialist makes a referral for services to the Foster Care Public Health Nurse (FCPHN) for all children identified through the Child Health and Education screening process who have complex health needs.
- The Child Health and Education Screening Report will be provided to the child's assigned social worker and caregiver within five working days of completion.
- Foster Case Public Health Nurse Process
- The FCPHN reviews the child's information to determine if the child meets the eligibility criteria for the program. Children under CA's legal authority may also be identified for a health review by the assigned social worker, in consultation with the FCPHN, or at any time a health concern arises.
- The FCPHN consultant has primary responsibility to:
- Provide consultation and develop a comprehensive health history for identified children as outlined in the CA contract, per RCW 74.13.285.
- Provide a copy of the original comprehensive health report and recommendations, along with any updates, to the child's caregiver within five business days of completion.
- Provide the assigned social worker with the original comprehensive health report and recommendations, along with all medical records obtained for the child within five business days of completion.
- Child Well-Being Ongoing Case Management
- The assigned social worker has primary responsibility to:
- Ensure a mental health referral is made within five working days of receiving notification from the CHET screening specialist that a mental health need has been identified. (Unless the child has already been referred).
- Provide ongoing case management, including identification of needs, coordination of services, referrals based on the identified needs of the child, and tracking any necessary follow-up.
- Enter and update the child's health and education information in the child's electronic file, excluding health-related information entered by the foster care public health nurse.
- Provide copies of all health and education records (in CA's possession) to a foster youth prior to exiting care. See CA Practice and Procedure Manual, chapter 4000, section 43103, F.1.
- At the time of placement, provide copies of all health and education records to caregivers, including recommendations and reports resulting
from all assessments and screenings. This includes placement changes or when new information is discovered about the child's needs that may help the caregiver make an informed decision about the safety and supervision of the child. See CA Practice and Procedure Manual, chapter 4000, section 4413, B.1.a.
- Provide the child's caregiver with the results and recommendations of all of the department's screenings and assessments concerning the child, within five days of receiving reports. This includes but is not limited to the Foster Care Assessment Program (FCAP) assessment and recommendations from the Shared Planning Meeting addressing the CHET screening results.
- Update the child's well-being information when updating and sharing the ISSP with the licensed foster parent or relative caregiver.
Continue to sections 4310 - 4420
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