Rule 28 - Disposition report by Department- The Child's case plan; contents of the child's case plan(a) The Department shall prepare a child's case plan as required by W. Va. Code §§ 49-4-408 and 49-4-604, in the format approved by the Supreme Court of Appeals of West Virginia and the Department. If parental rights have not been terminated, the plan should include, where applicable, the requirements of the family case plan. Parents, children capable of expressing their preferences, foster parents or relative caregivers, and members of the multidisciplinary treatment team should be included in the case plan development. The case plan should include, but need not be limited to, the following: (1) A statement of the changes needed to correct the problems necessitating Department intervention, with timetables for accomplishing them;(2) A description of services for the child, parents, and foster parents or relative caregivers that will assist the family in remedying the identified problems, including an explanation of the appropriateness, availability of suggested services, and reasonable accommodations in accordance with the Americans with Disabilities Act of 1990, 42 U.S.C. §12101, et seq., to parents with disabilities in order to allow them meaningful access to reunification and family preservation services;(3) A description of behavioral changes that must be evidenced by the respondents to correct the identified problems;(4) The permanency plan and concurrent plan for the child, which are designed to achieve timely permanency for the child in the least restrictive setting available. Unless reasonable efforts to prevent removal or to preserve the family are not required, documentation must be provided to show reasonable efforts to prevent removal or to ensure reunification within the time frames set in the plan, as well as reasonable efforts to work toward the concurrent plan, which may be adoption, minor guardianship, another planned permanent living arrangement (APPLA), or emancipation; and(5) When the child's permanency plan is APPLA, the Department shall document the efforts to place the child permanently with a parent, relative, or in a guardianship or adoptive placement and the steps taken to ensure that the foster family follows the "reasonable and prudent parent standard" to allow the child regular opportunities to engage in age- or developmentally- appropriate normal childhood activities.(b) When the child has been in emergency protective care or temporary custody during the proceedings or the Department's recommendation includes placement of the child away from home, the report also shall include the following:(1) A description of the efforts made by the Department to prevent the need for placement or the circumstances which made the offer of such efforts an unviable option; and(2) A description of the efforts since placement to reunify the family, including services which were offered or provided or the reasons why such efforts would be unavailing or not in the best interest of the child.(c) When the Department's recommendation includes placement of the child away from home, whether temporarily or permanently, the report also shall include the following: (1) An explanation why the child cannot be protected from the identified problems in the home even with the provision of services or why placement in the home is not in the best interest of the child;(2) Identification of relatives or friends who were contacted about providing a suitable and safe permanent placement for the child;(3) A description of the recommended placement or type of home or institutional placement in which the child is to be placed, including its distance from the child's home and whether or not it is the least restrictive (most family-like) one available and including a discussion of the appropriateness of the placement and how the agency which is responsible for the child plans to assure that the child receives proper care and that services are provided to the parents, child, and foster parents in order to improve the conditions in the parent's/respondent's home, facilitate return of the child to his or her own home or the permanent placement of the child;(4) Assurances that the placement of the child takes into account the appropriateness of the current education setting and the proximity to the school in which the child is enrolled at the time of placement; that the Department has coordinated with appropriate local education agencies to ensure that the child remains enrolled in the school in which the child was enrolled at the time of placement, including provision for reasonable travel; and if remaining in the same school is not in the child's best interest, that the Department and local education agencies have provided immediate and appropriate enrollment in a new school, with all of the education records of the child provided to the school.(5) A suggested visitation plan including an explanation of any conditions to be placed on the visits;(6) A statement of the child's special needs and the ways they should be met while in placement, including a plan for how the child will have regular opportunities to engage in age- or developmentally- appropriate normal childhood activities;(7) The location of any siblings and, if siblings are separated, a statement of the reasons for the separation and the steps required to unite them as quickly as possible and to maintain regular contact during the separation if it is in each child's best interest;(8) For children aged 14 or older, the plan should specify services aimed at transitioning the child into adulthood. When a child turns 17, or as soon as a child aged 17 comes into a case, the Department must immediately provide the child with assistance and support in developing a transition plan that is personalized at the direction of the child. The plan must include specific options on housing, health insurance, education, local opportunities for mentors, continuing support services, work force support, and employment services, and the plan should be as detailed as the child may elect. In addition to these requirements, when a child with special needs turns 17, or as soon as a child aged 17 with special needs comes into a case, he or she is entitled to the appointment of a Department adult services worker to the multidisciplinary treatment team and coordination between the multidisciplinary treatment team and other transition planning teams, such as special education individualized education planning (IEP) teams;(9) The ability of the parent(s) to contribute financially to placement; and(10) The current address and telephone number of the parties or a statement why such information is not provided.(d) When the Department's recommendation is for termination of parental rights, the report shall include those items set forth in subsections (b) and (c) above and also the following: (1) A description of the efforts made by the Department to prevent the need for placement or the circumstances which made the offer of such efforts an unviable option;(2) A description of the efforts since placement to reunify the family, including services which were offered or provided or the reasons why such efforts would be unavailing; and(3) Any objections by any party to the contents of the child's case plan may be raised at the disposition hearing.W. Va. R. Proc. Child & Neg. Proceed. 28