La. Admin. Code tit. 67 § V-7323

Current through Register Vol. 50, No. 11, November 20, 2024

Section V-7323 - Transitional Placing Program

A. General Requirements

1. The provider shall have a written program description describing:

a. the overall philosophy of independent living;

b. the long-term and short-term goals for youth; and

c. admission criteria.

2. The child-placing agency shall have a written list of rules to include expected behaviors for youth and documentation that the rules were discussed with and a copy received by youth. Documentation shall include a copy of the rules signed and dated by the youth.

3. The child-placing agency shall advise youth about the youth advisory board within seven calendar days of admission. Documentation shall include signature of staff advising youth and youth's signature and date.

4. A written description of services provided or arranged shall be included in policy noting whether the services are provided by the child-placing agency or arranged with an outside source.

a. Services shall include, but are not limited to the following:

i. assistance with obtaining a high school diploma, preparation for the HSET or higher education, job readiness, job search assistance, job placement, vocational assessment and training, tutoring, career planning;

ii. counseling to promote self-esteem and self confidence;

iii. transportation to medical appointments, employment, educational facility; and

iv. assistance with providing or arranging additional services noted in youth's service or case plan.

5. A written description of training provided to youth shall be included in policy noting whether the training is provided by the child-placing agency or arranged with an outside source.

a. Training in the following skill areas shall include, but are not limited to:

i. basic independent living skills;

ii. money management;

iii. credit counseling,

iv. home management skills (housekeeping, etc.);

v. identification of community resources;

vi. time management;

vii. communication skills;

viii. use of transportation;

ix. self awareness of physical and mental health needs;

x. problem solving/decision making;

xi. sex education;

xii. menu planning and nutrition;

xiii. meal preparation;

xiv. substance abuse education;

xv. medication management for prescription and non-prescription drugs;

xvi. preparation for college entrance exams;

xvii. personal hygiene;

xviii. childcare;

xix. de-escalation techniques used to defuse potentially dangerous situations such as physical/verbal confrontations between youth, provider staff, and peers;

xx. development of interpersonal and social skills;

xxi. preparation for transition to independence and termination of services;

xxii. cooperative living with other housemates or neighbors;

xxiii. basic maintenance, simple repairs, and when to call the landlord/provider; and

xxiv. basic first aid.

6. One training topic referenced in §7323.A.5.a shall commence within seven calendar days from the date of placement. Training shall be continuous until all aforementioned topics are covered (depending on length of stay.) Training shall be tailored to youth's current level of functioning with additional training introduced as a youth progresses, achieves success in the minimum skills, and articulates a desire to learn more advanced skills. Documentation of training shall include signature of staff, signature of youth, training topics addressed, and date training occurred.

7. A written description of training provided to youth transitioning from the program shall be included in policy. Topics shall include, but are not limited to the following:

a. developing and following a budget;

b. identifying safe and affordable housing;

c. negotiating a lease;

d. understanding the terms of a lease or housing contract;

e. understanding landlord/tenant rights and responsibilities;

f. searching for a job; and

g. retaining a job.

8. Training shall be completed prior to the youth transitioning from the program. Documentation shall include signature of staff and youth, training topics, and date.

9. Training shall be completed prior to the youth transitioning from the program. Documentation shall include signature of staff and youth, training topics, and date.

B. Reasonable and Prudent Parent Standard- Transitional Placing

1. The provider shall designate in writing at least one staff person per shift as the authorized representative to apply the reasonable and prudent parent standard to decisions involving the participation of youth in foster care in the transitional placing program in age or developmentally appropriate activities. The staff person(s) designated as the authorized representative shall be available to youth at all times. Licensing shall be notified in writing within five calendar days if there is a change in designated representatives.

2. The authorized representative shall utilize the reasonable and prudent parent standard when making decisions involving the participation of youth in age or developmentally appropriate activities.

3. The authorized representative shall receive training or training materials regarding the use of the reasonable and prudent parent standard within three calendar days of being designated as the authorized representative. Documentation of the reasonable and prudent parent training including signature and date of staff shall be maintained. The reasonable and prudent parent training or training materials, as developed or approved by the DCFS, shall include, but are not limited to the following topic areas:

a. reasonable and prudent parent standard;

b. age and/or developmentally appropriate activities or items;

c. role of the provider and of DCFS; and

d. allowance for normalcy of the youth while respecting the parent's residual rights.

C. Independent Living Unit Requirements-Transitional Placing

1. Only youth in the transitional placing program shall reside in the living unit.

2. Each youth shall have his/her own bed located in a designated bedroom. With the exception of a studio apartment housing one youth, common areas shall not be used as a bedroom; however, if youth chooses to use a common area as a bedroom, documentation shall include a signed and dated statement by youth indicating such. In addition, written annual approval is required by the OSFM for each apartment unit/location address allowing a common area to be used as a bedroom.

3. Each youth's mattress shall be at a minimum a standard twin size. The mattress shall be clean, comfortable, and non-toxic. Upon admission each youth should be provided a new mattress or water proof mattress cover.

4. The living unit shall have an operable air conditioning and heating system.

5. The child-placing agency shall provide each youth with a chest, dresser, or other adequate storage space for storing clothing and personal belongings in the youth's bedroom, and a designated space for hanging clothes in or near the youth's bedroom.

6. The child-placing agency shall provide youth certain articles and supplies for furnishing the living unit. The articles and supplies may be new or used; however, they shall be in good condition. The articles and supplies shall include, but are not limited to:

a. bed linens,

b. furnished area for dining,

c. living or sitting room furniture,

d. lighting in each room,

e. microwave,

f. stove,

g. oven,

h. refrigerator,

i. dishes, cups, and glasses,

j. eating and cooking utensils,

k. vacuum cleaner, if living unit is carpeted

l. towels, and

m. window coverings.

7. Youth shall have 24 hour access to a cell phone or onsite child-placing agency office phone for communicating with emergency dispatch services.

8. At the time of placement, the child-placing agency shall provide youth with basic household and hygiene supplies such as detergent, cleaning supplies, broom, mop, soap, paper towels, toothpaste, shampoo, deodorant, etc. The child-placing agency shall ensure that youth are continually supplied with basic household and hygiene supplies.

9. First aid supplies shall be provided by the childplacing agency and maintained in each transitional placing living unit unless the TP program office is on-site, staffed 24 hours a day, and accessible to all the residents, then first aid supplies may be stored in the office. Supplies shall include, but not limited to the following:

a. first aid manual;

b. sterile first aid dressings;

c. bandages, adhesive strips (Band-Aids, Curads, etc.) or roller bandages;

d. adhesive tape;

e. scissors;

f. tweezers;

g. thermometer;

h. antiseptic solution;

i. antibiotic cream/ointment; and

j. over the counter medications including pain reliever/fever reducer and gastrointestinal medication.

D. Placement of Youth in Transitional Placing program

1. If referred through an agency, the child-placing agency shall have signed and dated documentation from the referring agency that the youth is appropriate for independent living placement and meets the following criteria prior to placement in the program:

a. youth has the ability to maintain his own household semi-independently with supports in cleaning, meal preparation, basic household maintenance, and homework completion;

b. youth has the maturity level appropriate to living semi-independently; and

c. youth has not been suicidal, been homicidal, or exhibited any psychotic behaviors in the past six months.

2. Approval from child welfare state office staff shall be obtained and documented prior to placing a youth in DCFS custody in a transitional placing program that has been suicidal, homicidal, and/or exhibited any psychotic behaviors in the past six months.

3. Documentation from the child welfare state office shall include:

a. name of the CPA for which approval is granted,

b. name and birth date of youth for which approval is granted,

c. statement explaining why the youth is appropriate for placement in the transitional placing program despite not meeting the criteria noted in Section 7323.D.1 c,

d. signature of child welfare state office staff granting approval and date of approval which shall be prior to the placement date, and

e. conditions, if any for which approval is granted.

4. A signed and dated agreement between the child-placing agency and referring agency shall be maintained in youth's file for all youth under the age of 18 and for those over 18 years of age who are in state's custody.

5. Upon attaining their eighteenth birthday, a youth shall express their willingness to remain in the TP program and intent to abide by CPA policies. A signed and dated agreement attesting to such between the child-placing agency and youth shall be maintained in the youth's file.

6. The provider shall ensure youth who have been committed to the Department of Corrections, Office of Juvenile Justice for the commission of a crime live in separate living units from youth not committed to the Department of Corrections, Office of Juvenile Justice.

E. Service Plan-Transitional Placing

1. The provider shall develop a written service plan based upon the individual needs of the youth within 15 calendar days of placement.

2. Youth shall be involved in the development of the service plan.

3. The service plan shall address the following:

a. supervision and contact with youth required by the child-placing agency;

b. housing;

c. money management;

d. emergency preparedness and evacuation procedures;

e. educational goals;

f. job training goals;

g. objectives and services for each goal;

h. person responsible for each action within each goal; and

i. specific timeframes for achieving each goal.

4. The service plan meeting shall include the youth and legal guardian if youth is under the age of 18 or in custody of the state or the youth and provider if youth is 18 years of age or older. Documentation of the service plan meeting shall include the date, names of individuals invited, and signatures of attendees. If the legal guardian is required to attend and unable, the child-placing agency shall obtain legal guardian's signature or document that the service plan was submitted to the legal guardian within seven calendar days of the meeting.

5. Documentation of compliance with youth's service plan shall be on-site and available for review.

6. Service plan shall be reviewed with the youth on a quarterly basis or more frequently as the youth's needs or circumstances dictate. Documentation of the review shall include the date and signature of the provider and youth.

7. Provider shall prepare a transition plan for youth, prior to a planned discharge from the program to facilitate a successful integration within the community. The plan shall include resources and recommendations and shall be discussed with the youth. Documentation shall include a copy of the plan, signed and dated by provider and youth.

F. Supervision of Youth-Transitional Placing

1. The provider shall have a written plan for overseeing placement to ensure the youth's well-being.

2. Provider staff shall communicate with youth on a daily basis preferably by a telephone call; however, text messaging is acceptable.

3. All contacts with the youth via telephone and in person with the youth shall be documented to include date, time, method of contact, location, brief summary of contact, and signature of staff contacting youth.

4. Provider staff shall be accessible via phone or in person to youth at all times.

5. Within the first 30 calendar days, the provider shall have at least three weekly face-to-face visits with the youth with at least one of the weekly visits occurring in the youth's residence. Thereafter, two face-to-face weekly visits with the youth with at least one of the weekly visits occurring in the youth's residence.

6. If the provider has a reasonable cause to believe that the youth's living situation presents risks to the youth's health or safety, the youth shall be moved immediately to another living unit until the risk is no longer present.

7. Provider shall ensure that the youth's living environment is maintained in a clean and safe manner.

8. Provider shall ensure that the youth are receiving medical care.

9. One to one supervision of youth is allowed in emergency situations only to protect the youth and shall not exceed 48 hours.

G. Money Management-Transitional Placing

1. The provider shall have a policy regarding the management of youth's money.

2. A provider shall only manage money for youth when such management is mandated by the youth's service or case plan.

3. Providers who manage youth's money shall maintain a current balance sheet in the youth's file containing all financial transactions including date of transaction, amount of transaction, and the signature of staff and the youth for every transaction. When requested by youth, a balance sheet shall be provided to youth within 24 hours of the request.

H. Nutrition-Transitional Placing

1. The child-placing agency shall ensure adequate food is available to youth on a daily basis.

2. When food is purchased, provided, or prepared by the child-placing agency, the child-placing agency shall ensure that meals include the basic four food groups and each youth's nutritional needs are met.

3. The child-placing agency shall provide assistance with meal preparation when the youth's work and/or school responsibilities do not allow adequate time for food preparation.

4. When meals are provided by the child-placing agency, written menus shall be maintained for one year.

5. Receipts of food purchased by the provider shall be maintained for one year.

I. Emergency Preparedness-Transitional Placing

1. The provider, in consultation with appropriate state or local authorities, shall establish and follow a written multi-hazard emergency and evacuation plan to protect youth in the event of any emergency.

2. The written plan of emergency procedures shall provide for the evacuation of youth to a safe area.

3. Evacuation plans shall include procedures for addressing both planned and unplanned evacuations to alternate locations within the city and evacuations outside of the city.

4. Within seven calendar days of placement, provider shall instruct youth in how to contact police, fire, and other emergency service personnel, how to prevent fire and accidents, how to respond to fires and other emergencies, and how to use firefighting and other emergency equipment. Documentation shall include a summary of information discussed, youth's signature, and date.

5. The emergency plan shall be reviewed with youth within seven calendar days of placement, any time changes occur, and at least annually. Documentation evidencing that the plan has been reviewed with and agreed upon by youth shall include youth signature and date.

6. Provider shall ensure youth have access to medication and other necessary supplies or equipment during an emergency situation.

7. Provider's plan shall include a system to account for all youth whether sheltering in place, locking down, or evacuating to a pre-determined relocation site.

8. Provider's plan shall include an individualized emergency plan for each youth with special needs which shall include medical information, medical contact information, and additional supplies/equipment needed.

9. Provider's plan shall include emergency contact information for staff accompanying youth in the event evacuation from the child-placing agency is necessary.

10. At a minimum, the plan shall be reviewed annually by the program director for accuracy and updated as changes occur. Documentation of review by the program director shall consist of the program director's signature and date.

11. The emergency and evacuation plan shall be submitted to the Licensing Section at least annually, any time changes are made, and upon request by the licensing section.

J. Restitution-Transitional Placing

1. Monetary restitution for damages shall only occur when there is clear evidence of the youth's responsibility for the damages and the child-placing agency director approves the restitution.

2. The youth and his/her legal guardian(s) shall be notified in writing within 24 hours of the incident which results in the claim for restitution and shall be provided with specific details of the damages, to include how, when, and where the damages occurred, and the amount of damages claimed. If the amount is unknown, an estimate of the damages shall be given with an exact figure provided within 30 days.

3. After notification of the claim for restitution, the youth and his/her legal guardian(s) shall be given seven calendar days to respond in writing to any claim for damages.

4. In the event responsibility for the damages is not agreed upon by the provider and legal guardian, the provider shall not withhold money from the youth's account for restitution.

5. When the youth is required to pay restitution, the payment plan shall be discussed with the youth and signed by the youth, legal guardian, and provider staff.

6. If the provider receives reimbursement for damages either through insurance or other sources, the youth shall not be responsible for restitution.

K. Youth Advisory Board-Transitional Placing

1. The provider shall develop written polices for a Youth Advisory Board. The Youth Advisory Board shall provide feedback to the child-placing agency staff relative to program procedures, practices, and services.

2. Prior to a youth advisory board meeting being convened, provider shall advise youth on how to conduct meetings, set agendas, vote, and suggest ways to provide feedback to provider regarding concerns identified in meetings. Documentation shall include the date youth are advised, individuals in attendance, signature of staff advising youth, and a summary of information provided. If the person designated by the youth advisory board to conduct the advisory board meeting changes, the child-placing agency shall advise the new appointed youth on how to conduct meetings, set agendas, vote, and suggest ways to provide feedback to provider regarding concerns identified in meetings.

3. The Youth Advisory Board shall consist only of youth representatives receiving services from the child-placing agency.

4. All youth receiving services shall be eligible to participate.

5. Provider shall not be present at youth board meetings, unless invited to attend by youth; however, staff shall be available in the event the youth request guidance.

6. The youth advisory board meeting time and date shall be scheduled at least a month in advance to allow participation by interested youth.

7. The Youth Advisory Board shall meet at least monthly. Documentation shall include the date of meeting and minutes of the meeting which includes individuals present, topics discussed, and concerns and suggestions referred to the attention of the child-placing agency.

8. Youth shall designate a representative to report concerns to the child-placing agency following the meeting. Documentation shall include the date concerns were reported to the provider, the name of the staff person to whom the concerns and suggestions were discussed, and the name of youth reporting concerns.

9. The child-placing agency shall maintain documentation noting the date Youth Advisory Board representative reported concerns and suggestions, the issues discussed, and the child-placing agency's response.

10. Provider shall advise the youth advisory board representative of the agency's response in writing within seven calendar days of the initial report.

L. Discharge Process-Transitional Placing

1. Provider shall have a written discharge policy detailing the reasons a youth may be discharged from the program.

2. For youth under the age of majority, the provider shall discharge the youth only to the legal guardian or by court order.

3. The discharge summary shall identify specific resources in the community with referrals and recommendations for aftercare services with a cooperating provider, if needed.

4. Provider shall notify the legal guardian at least fourteen calendar days prior to the planned discharge of a youth.

5. A provider shall compile a complete written discharge summary within three calendar days of the youth's discharge. The summary shall be included in the youth's record and when discharged to another provider, this summary shall accompany the youth.

6. The discharge summary shall include:

a. services provided while in the program;

b. growth and accomplishments while in the program;

c. continuing and unmet needs which remain to be met;

d. identified resources and referrals to assist youth in meeting their needs in the community;

e. date of entry and exit from the program;

f. the name and address of the person, persons, or agency to whom the child was discharged;

g. the reason for discharge;

h. case plan goals, service plan goals, and other goals achieved while in care;

i. name and address of any family members or others significant to youth; and

j. signature and date of child-placing agency staff completing summary.

La. Admin. Code tit. 67, § V-7323

Promulgated by the Department of Children and Family Services, Licensing Section, LR 45392 (3/1/2019), effective 4/1/2019, Amended LR 46686 (5/1/2020), effective 6/1/2020, Promulgated by the Department of Children and Family Services, Licensing Section, LR 47353 (3/1/2021), Amended LR 47443 (4/1/2021).

AUTHORITY NOTE: Promulgated in accordance with R.S. 46:1407(D).