Ala. Admin. Code r. 660-5-28-.06

Current through Register Vol. 43, No. 02, November 27, 2024

Section 660-5-28-.06 - Requirements Of Public Law 96-272 For Reunification Efforts

(1) Child's Case Plan. One requirement necessitates the development of a written case plan for the child within 30 days from the time of placement. For children in foster care or related care less than 30 days, this case plan requirement is waived. A brief case plan statement will suffice. The case plan is to be recorded in the narrative of the child's personal record and dated. A copy of the case plan is to be made available to the parent(s). The child's case plan must include the following:

(a) Description of the type of home or child-care facility in which child is to be, or has been, placed;

(b) Justification of the appropriateness of the placement as whether it is:

1. in the least restrictive (or family-like) setting available, relative placement to be given first consideration, after which foster family care, group home care, and institutional care are to be considered, in that order; or

2. in close proximity to the parent's or family home: resources within the community/locale of child's family to be sought first, then resources within county, then out-of-county resources.

(i) out-of-county resources, especially those at great distances from the child's family, are to be considered only as a last resort.

3. consistent with the best interests and special needs of the child: to be considered in conjunction with a. and b. above and can take precedence over either or both, but reasons must be documented;

(c) An analysis of the circumstances which necessitate the child's placement, together with a statement of:

1. what efforts were made and what services were provided to prevent the child's placement;

2. what conditions in the child's own home need improving before the child can be returned; and

3. what services are to be provided to improve these conditions;

(d) A statement of the plan for assuring that the child receives proper care while in placement which encompasses:

1. placement in a duly licensed facility or approved home together with needed and appropriate supervision;

2. services to:

(i) the providers to facilitate and support the child's adjustment in placement.

(ii) the child to address his needs, together with a discussion of the appropriateness of the services provided to address those needs; and

3. a statement of the transitional independent living plan based upon an assessment of the needs of each child age 16 and over.

(e) A statement of the child's permanent plan, developed in conjunction with the child's family, and the child as appropriate;

(f) A description of the extent to which the parents or other relatives, and the child if of appropriate age, participate in the development of the permanent plan for the child. Appropriate age for the child means that he is able to understand the circumstances and implication of the situation he is involved in and able to participate in the decision, or the process of arriving at a decision, without excessive anxiety or fear;

(g) A statement of the requirements of the court or the recommendations of the administrative review panel, in connection with the required six-months' case review, and how the Department will meet those requirements and recommendations;

(h) An estimated date by which a decision will be made to return the child to the parents or seek an alternative permanent placement; and

(i) A summary statement of what efforts will be (or have been) made and what services will be (or have been) provided to re-unify the child with his family.

(j) Effective April 1, 1990, health and education records of the child, to the extent available and accessible which includes the following:

1. The names and addresses of the child's health and educational providers;

2. The child's grade level performance;

3. The child's school record;

4. Assurances that the child's placement in foster care takes into account proximity to the school in which the child is enrolled at the time of the placement;

5. A record of the child's immunizations;

6. The child's known medical problems;

7. The child's medications; and

8. Any other relevant health and education information concerning the child determined to be appropriate by the agency.

(2) Case Review. The case review is another requirement. Evaluation of case planning for the child will be an ongoing and continuous process. However, the record must clearly show a review of the case plan for every child in foster care either by court review or administrative review, at least every six months. These review requirements apply to all children in custody of the Department or for whom the Department has planning responsibility whether or not they are in foster care. For foster children age 16 and over, the written transitional independent living plan must be reviewed at the six-month's review. Notice to parents is not required for either judicial review or administrative review or administrative panel review when parental rights have been terminated. However, case review continues to be required for all such cases, except when the child has been placed for adoption and the adoptive placement agreement has been signed. For some children, those older and/or in long-term foster care, whether in temporary or permanent custody, it may be more feasible, and is acceptable, to have administrative panel review rather than judicial review, even though the usual procedure in the County is judicial review.

(a) Judicial Review. If the County Department has a judicial review system that entails the review of the child's case plan at least every six months, then the requirement for case review will be met. However, the County Department is required to submit a Report to Court which will assist the court in determining:

1. The continuing necessity for and appropriateness of the child's placement;

2. The extent to which all parties have complied with the case plan and achieved the goals described in the plan;

3. Progress made toward alleviating or mitigating the circumstances necessitating placement; and

4. A target date for achieving a permanent plan for the child.

(b) Administrative Review. If the County Department does not have a judicial review system that entails review of the child's case plan every six months, then an administrative review system must be set up that incorporates review of the child's case plan at least every six months. The administrative review must be in accordance with the following guidelines:

1. Composition of Review Panel.

(i) Professional Staff. The administrative review panel should consist of professional staff involved in the case. These considered appropriate are: the caseworker for the child and parents, supervisor for the case, probation officer, staff of the child-care facility where the child is in placement, and staff from other agencies such as mental health. When appropriate, foster parents or homemakers may be included. To protect confidentiality of information, the County Department must have a written agreement with panel participants, other than staff of the County Department, court or Group Child-Care facility where the child is residing. The parents should be informed that panel participants will receive a written report on the outcome of the review.

(I) There must be at least one person on the panel who is not in the direct line of supervision or in the delivery of services to the child or parents. This may be another service supervisor in the County Department. If the County Department has difficulty in identifying someone to serve on the panel who is not a part of the direct line of supervision for the case being reviewed, contact the Division of Family and Children's Services, Office of County Assistance.

(ii) Parent and Child. The review shall be open to participation by the parents. The child may be included in the review hearing depending upon his age and level of understanding.

2. Written Notice to Parents. The County Department must notify the parents in writing of the date, time, and location of the review at least 2 weeks prior to the review hearing. The notification must advise the parents that they and the child have the right to be accompanied by a representative of their choice.

3. Format and Content of Review. The worker for the case is responsible for convening the panel and explaining to participants the purpose of the review. The review shall include:

(i) A determination of the continuing necessity for and appropriateness of the child's placement;

(ii) A discussion of the extent to which all parties have complied with the case plan and achieved the goals described in the plan;

(iii) A summary of progress toward alleviating or mitigating the circumstances necessitating placement; and

(iv) A target for achieving a permanent plan for the child.

4. Reporting. After the review is completed, the worker is responsible for preparing a written report to be distributed to panel participants giving the panel's conclusions and recommendations. If the parents are unwilling or unable to participate in the review proceedings, they are to be informed that the review was held, and advised of the contents of the discussion and the treatment plan developed. In addition, they are to be provided with a copy of the written report and advised of the time of the next review.

(c) Combining Case Review with the Dispositional Hearing. If the six-months' review and the dispositional hearing fall due within the same month, the dispositional hearing can serve as the six-months' review. However, a six-months' review proceeding may not serve as a dispositional hearing. It will not be necessary at this combination procedure to have formalized coverage of the 4 points outlined in the Case Review section under content for six-months' review proceedings. However, these case review points may be incorporated into the court report and covered during the dispositional hearing as appropriate. If the six-months' review date falls shortly after the dispositional hearing (but not within the same month), it may be feasible to schedule the review to coincide with the dispositional hearing date. In no instance may the six-months' reviews be held longer than six months apart.

(3) Dispositional Hearings.

(a) Time Frames and Planning Options. In addition to the case review requirements, a dispositional hearing must be provided for each child not later than 18 months after placement and every 2 years thereafter unless the court of jurisdiction determines more often. This means that workers in the County Departments have the responsibility to file a petition for a dispositional hearing for each child under their supervision, whether that child is in care on an Agreement for Foster Care or in the temporary custody of the Department. The case may be brought before the court with the filing of a motion instead of a petition, or be placed on the docket without the filing of a motion or petition if either such procedure is the preference of the court or the attorney for the County Department. For children in the permanent custody of the Department, and for whom the Interlocutory order has not been issued contact, the Division of Adoption for assistance in determining the type of information to submit to the court. Dispositional hearings are for the purpose of planning the child's future status, as to whether the child should:

1. Be returned to the parents or placed with other family members;

2. Be continued in foster care or related care for a specified period;

3. Be freed for adoption; or

4. Because of exceptional circumstances, remain in foster care as a permanent plan or with a goal of independent living.

(b) Dispositional hearings are not required when:

1. The child has been placed for adoption and the placement agreement has been signed. If the adoption placement becomes disrupted and the child returns to foster care, dispositional hearings must be resumed.

2. The child is in a planned long-term foster care or related care placement and there has been an initial dispositional hearing (in line with guidelines in this section), at which the court has specified continued foster care or related home placement on a permanent basis in a particular foster family home or related home. The foster family home or related home must be named. Foster care cases would usually involve those cases in which a written long-term foster care agreement is in effect. A copy of this agreement should be attached to the court report with an appropriate explanation in the court report. If there is doubt as to the permanency of the placement, this exception should not be taken. (Note: Children in group homes and child-care institutions must have ongoing dispositional hearings even if they are in planned long-term care in a placement specified in the court order.)

(4) Written Notice to Parents: Changes in Foster Care or Related Care Placement or Change in Visitation Arrangements.

(a) Another requirement incorporates two of the procedural safeguards needed for the protection of parents' and children's rights. Accordingly, written notice is to be given to parents under the following conditions, unless the child's health or well-being would be endangered, or unless the move is emergent, in which case telephone notice followed by written notice will be acceptable:

1. There is to be a change in the child's foster care or related care placement; or

2. There is to be a change in visitation arrangements made with the parents to see the child.

(b) When parental rights have been terminated. Notice to parents is not required when there is a change in the foster care placement. With parental rights terminated there would be no visitation arrangements with parents.

(5) The State Agency makes available for public review and inspection all statewide assessments, report of findings, and program improvement plans developed as a result of a full or partial child and family services review.

Author: Jerome Webb

Ala. Admin. Code r. 660-5-28-.06

Effective October 11, 1983. Emergency amendment effective October 11, 1983. Permanent amendment effective December 9, 1983. Succedent emergency amendment effective April 8, 1988. Succedent permanent amendment effective July 14, 1988. Succedent permanent amendment effective September 8, 1988. Succedent emergency amendment effective September 16, 1988. Succedent emergency amendment effective November 22, 1988. Succedent permanent amendment effective December 9, 1988. Succedent permanent amendment effective March 14, 1989. Succedent emergency amendment effective March 1, 1989. Succedent permanent amendment effective June 9, 1989. Succedent emergency amendment effective May 3, 1990. Succedent permanent emergency effective August 10, 1990. Amended: Filed July 8, 2002; effective August 12, 2002.

Statutory Authority: The Adoption Assistance and Child Welfare Act of 1980 ( P.L. 96-272) 45 C.F.R., Part 1355 § 1355.37; "See Also" Adoption and Safe Families Act of 1997, Public Law 105-89.