Current through Register Vol. 49, No. 9, September, 2024
Excerpt, DHS Division of Children & Family Services' Policy
Manual, POLICY l-F POLICY I-F: CONFIDENTIALITY
FOR THE SAKE OF BREVITY, SOME NONAFFECTED POLICY HAS BEEN
DELETED. 06/2011
(1)
assuring that no identifying or
potentially harmful information on a child is released, and (2) the consent
shall be reviewed and approved by OCC. Court orders that direct the release of
specific information to specified offices, agencies or people shall be
construed as proper consent for release of information. No other consent is
necessary. However, OCC should be informed whenever such a release of
information is being made.
Requests for media releases includes requesting
permission to release photographs, voice reproductions, slides, video tapes,
movie films, promotional pamphlets, news releases, etc. The FSW shall review
the contents of such release along with OCC and make any necessary
modifications. Consideration should be given to the protection of the child's
identity and assurances that the contents of the material released will present
the child in a light that would not be distasteful or negative to the child.
The Director of the Division of Children and Family Services or designee shall
be consulted in matters that may reflect on the Division. In cases of consents
for coverage by news media, consultation should also be sought from the
Director of Communications. This consent must be signed by the DCFS
Communications Specialist or designee. The foster parents shall be
informed of these policies.
The Adoption Specialist must obtain documented consent
from a child 10 years of age or older, to show photographs for recruitment of
an adoptive family.
PROCEDURE Ill-El: Client Drug Screening
FOR THE SAKE OF BREVITY, SOME NONAFFECTED PROCEDURES HAVE BEEN
OMMITTED. 06/2011
To administer the test, the Tester will:
A. Refer to testing information (for test
procedure, interpreting results and other testing information.
B. Put the client's purse/pouch and jacket
away and empty all of the client's pockets.. The tester will observe, but not
touch, each of the client's pockets to ensure that they are empty. The only
item the client may take into the restroom stall is the collection
container.
C. Escort the client to
the restroom. Directly observe the clients wash their hands without
soap.
D. Give the client only the
collection container. The client must not have access to the test Instruct the
client to fill the cup to the marked line. The tester will observe the client
enter the restroom stall, close the stall door to give privacy to the person
being tested and remain immediately outside the stall. The tester will not
directly observe the client in the process of urination unless court ordered to
observe. If court ordered to observe, the witness must be the same gender as
the client.
E. If the client has
difficulty giving a specimen, have the client drink at least 8 - 10 ounces of
water and wait up to two hours for the client to give a urine specimen. Do not
attempt to do the drug test if a minimum of three hours are not left in the
workday.
F. Under normal
circumstances, limit the entire testing process to not exceed 30 minutes. (If
the client has difficulty giving a specimen, refer to instruction E
above.)
G. After the cup has been
returned to the tester, visually examine the specimen. Suspicion of
adulteration and/or dilution should be verified by use of the appropriate
test.
H. Document the results and
sign the form. Also, have the client sign the form. If the specimen test
results are positive and the client challenges the result, offer to retest.
1) DCFS will only pay for one client
challenge of a positive drug test. If the re-test still shows a positive drug
test, the client must bear the cost of additional challenges to that test. If
the re-test is negative, the client may challenge the next positive drug test.
At the point the client challenges a drug test and DCFS pays for the challenge
and the drug test is still positive, the client must pay for challenges to any
future positive drug test. Challenges do not have to be in
consecutive order.
I. If
the result of the client's drug test is positive for controlled substances and
is challenged by the client, prepare the urine specimen for laboratory testing.
1) Notify the DCFS Prevention
& Support Manager or designee that the collection will be sent
for further testing, by faxing a copy of the Chain of Custody, prior to the
urine specimen being sent to the lab.
2) Check for leakage of the collection device
prior to mailing/sending the specimen for confirmation testing; and
3) Use the supplied mailer envelopes to send
the challenged, positive, urine specimens to:
Scientific Testing Laboratories 463 Southlake Boulevard
Richmond, VA 23236
4) The
lab contact number is 1-800-977 -9130
5) The lab will not process
urine specimens that are received without proper
identification.
J. If the
client does not challenge the results of the test, return the specimen cup to
the client after the specimen has been tested and the results documented. The
client will dispose of the contents in the toilet or urinal, flush, and discard
the container in the designated trash container.
WARNING: Do NOT dispose of a urine specimen that needs to be
sent to Scientific Testing Laboratories for further testing.
K. Give the client a copy of the completed
Controlled Substance Test form with the results documented.
L. Send the DCFS worker a copy of the
completed Controlled Substance Test form with the results documented within 24
hours.
M. If contested,
documentation of the chain of custody of urine specimens taken from test
subjects shall be verified by affidavit of one person witnessing the procedure
or extraction, packaging, and mailing of the samples and by one person signing
for the samples at the location where the samples are subject to the testing
procedure.
1) Submission of the affidavits,
along with the submission of the test results, shall be competent evidence to
establish the chain of custody of those urine specimens.
a. For a court ordered test, a written report
of the test results may be prepared by the person conducting the test, or by a
person under whose supervision or direction the test and analysis have been
performed.
b. This report must be
certified by an affidavit subscribed and sworn to before a notary
public.
c. This report may be
introduced in evidence without calling the person as a witness, unless a motion
challenging the test procedures or results has been filed within 30 days before
the hearing and bond is posted in an amount sufficient to cover the costs of
the person's appearance to testify.
d. Whenever a court orders scientific testing
for drug or alcohol abuse and one of the parties refuses to submit to the
testing, that refusal shall be disclosed to the court.
DCFS staff may conduct oral fluids drug and alcohol screens.
The tester must be trained by the vendor and follow instructions for test
procedure and interpreting results.
The Tester in each county office will:
A. Maintain an adequate
supply of testing materials, to include copies of drug testing information. The
supplies will be kept in the county office.
B. Monitor closely the specimen collection
supplies. The supplies on hand should never fall below 15 kits. The expiration
date should be clearly marked on each drug-screening kit. Kits past their
expiration dates will NOT be used. Notification of needed supplies and supply
questions will be addressed to the Prevention & Support Manager or
designee.
C. Use new supplies only
after current supplies are depleted. Contact the Program
Manager if the county has several kits nearing
expiration. Under no circumstances shall a kit be used past its expiration
date.
D. Store the drug-screening
kits at room temperature.
E.
Maintain and have DCFS Drug Screening information available for review at all
times.
F. Address questions
pertaining to Chain of Custody Challenged test to the Prevention & Support
Unit.
POLICY Vl-B: MAINTAINING FAMILY TIES IN OUT-OF-HOME
PLACEMENT
06/2011
The Division believes that strengths of
families and supporting these strengths contribute to life-long permanent
relationships for children. This belief is supported by research demonstrating
that children who are able to maintain positive family ties while in
out-of-home placement achieve better short- and long-term outcomes.
Therefore, families and children shall have reasonable
opportunities for personal visits, communication by telephone, and involvement
in life events such as teacher conferences, school and community events. A plan
for visits shall be developed between a child in out-of-home placement and the
family and siblings, whether or not the siblings are in out-of-home placement.
The preferred location for the visits is the parent's home or, if that is not
possible, in the most homelike setting possible. Office visits are a last
resort.
Siblings shall live together in the same foster home.
When it is in the best interest of each of the children, the Department shall
attempt to place siblings together while they are in a foster care and adoptive
placement. Siblings may be placed separately only if an assessment
determines that placement of the siblings together would be detrimental to
their best interest or is otherwise not possible at the time of initial
placement. The reasons for the separation must be provided in a
written recommendation from appropriate DCFS staff
.The case plan must include when siblings will be reassessed to
determine if they can be reunited at a later point in time, and, if the
reassessment determines reunification is appropriate, the plan for sibling
reunification. The Division shall ensure that the reasons for the
separation of siblings, or infants with minor mothers, into different foster
homes are regularly reassessed and targeted recruitment efforts continue to
reunite the siblings.
Children in DHS custody may have
an opportunity to visit with grandparents or great grandparents
provided the visits are in the best interest of the
children.
If it is in the child's best interest, visits between
siblings and with relatives may continue after Termination of Parental Rights
(TPR), if visitation was established prior to TPR. Visitation after TPR will
continue until an adoption placement is made or the Out-of-Home placement case
is closed. Continuation of visits with relatives does not include the parents
for whom the agency has obtained TPR.
PROCEDURE VI-B1: Maintaining Family Ties in Out-of-Home
Placement
The Family Service Worker will:
A. Develop a plan for visitation within five
working days of placement.
B.
Arrange for parental visits to occur no less than weekly with the frequency
increasing, as the family is prepared for reunification.
C. Obtain approval from the County Supervisor
for any deviations from required frequency of visitation.
D. Request that deviations due to staff
shortages be approved by the Area Director.
E. Place siblings together in the same foster
home. A foster home
shall have no more than five unrelated children
in care. The foster home may care for up to eight children if they are all
related to each other. A foster home shall not have more than eight children in
their home, including their own children. This includes placement or respite
care. For example:
0
children of the foster parent and 8 children that are related (to
each other)
1
child of the foster parent and 7 children that are related (to each
other)
2
children of the foster parent and 6 children that are related (to
each other)
3
children of the foster parent and 5 children that are related (to
each other) or unrelated
F. Place infants with minor mothers in the
same foster home.
G. Separate
siblings, or infants with minor mothers, by placement only if an assessment
determines that placement of the siblings together would be detrimental to
their best interest or is otherwise not possible at the time of initial
placement. Provide a written recommendation indicating the reasons for the
separation as well as the steps that will be taken to reunify the siblings in a
single placement (if appropriate) and file in the case record. Considerations
to separate siblings may include:
1)
Allegations of abuse between siblings are under investigation and/or have been
founded.
2) Written determination
by a Mental Health Professional that placement of the siblings together would
be detrimental to their best interest.
3) There are not sufficient resources to
allow the sibling group to be placed together.
H. Arrange for sibling visitation to occur no
less than every two weeks, when siblings are placed separately.
I. Document efforts to reunify siblings, or
infants with minor mothers, placed separately.
J. Arrange visitation between the child and
grandparent or great grandparent
if and as
appropriate. K. Document sibling and relative visits that occur
after TPR in CHRIS contacts screen.
The Director's designated Administrator will:
A. Receive requests to place siblings, or
infants with minor mothers separately.
B. Approve/disapprove requests.
POLICY Vll-J: CHILD MALTREATMENT ALLEGATIONS CONCERNING
OUT-OF-HOME PLACEMENTS
06/2011
All child maltreatment allegations concerning any person
in a foster home shall be investigated in accordance with the Child
Maltreatment Act §
12-18-602. As with all children
whose interest becomes the concern of DCFS, the safety and welfare of any
children in foster care shall be paramount.
If any child in foster care is the subject (alleged
offender or alleged victim) of an allegation of child maltreatment, the
Division shall notify the child's family, the OCC attorney, Child Abuse
Hotline, the child's CASA and the child's attorney ad litem. The attorneys ad
litem for all other children placed in the home shall be notified as
well.
Priority I Allegations
For all Priority I allegations, if the alleged offender
is a foster parent or any other member of the foster family household, then all
the children in foster care in that home will be removed from that foster home.
If the alleged offender is a child in foster care, unless he or
she is the only child in the home, then the alleged offender child
will be removed from that home and placed in a foster home without any other
children. Any exceptions to this policy must be approved and documented by the
Assistant Director of Community Services.
Priority II Allegations
When any foster home is the subject of a Priority II
child maltreatment allegation, an evaluation will be conducted on an individual
basis to determine if the child(ren) can safely remain in the home during the
investigation. If it can be shown that it is in the best interest of any of the
children currently placed in that foster home, a protection plan may be
considered to allow any or all of the children in foster care to remain in a
home involved in a maltreatment report. If the safety and welfare standards of
the Division cannot be met and the children cannot safely remain in the home,
the children in care shall be removed and placed in another approved foster
home.
While any foster home is being investigated because of a
maltreatment allegation, Priority I or II, no additional children in foster
care may be placed in the home. The Resource Worker will be
notified by the Area Director of any maltreatment allegations concerning foster
homes.
If the Priority I or II allegation report is
unsubstantiated, consideration will be given to returning any children who were
removed from the foster home as a result of the allegation. This will be
determined by holding a staffing so that all stakeholders may have input.
Decisions will be made on a case by case basis and will be based on the best
interest of the child.
If the report of Priority II maltreatment is an
investigative true finding, the protection plan must be reevaluated if the
children are allowed to remain in the home during the administrative hearing
process.
Regardless of the finding, upon completion of
a child maltreatment investigation, the Resource Worker will reevaluate the
foster home if the home is to remain open.
For all investigative determinations where allegations of
Priority II child maltreatment are found true and upheld by the administrative
hearing, the well-being of each child who is in the home will be reassessed on
an individual basis. If it can be shown that it is in the best interest of any
child to remain in that home, then a waiver or alternative compliance,
depending on the situation, may be requested so that the home may remain open
to care for that child.
In those cases where the foster home is allowed to remain open,
if the foster parents wish to be considered for the placement of additional
children, a reevaluation of the home will be conducted
before any additional child is considered for placement in that home
regardless of the finding of the investigation and/or the
administrative hearing ruling. The reevaluation should determine if any
corrective action(s), revised Individualized Training Plan, etc are necessary
to ensure the health and safety of any and all children placed in the
home.
PROCEDURE VII-J1: Initial Report Response
06/2011
When any initial report of child
maltreatment is made and concerns any person in a foster home, the Family
Service Worker or CACD will follow DCFS Child Maltreatment Assessment Protocol
and begin an investigation within 24 hours for Priority I investigations or
within 72 hours for Priority II allegations.
DHS will then:
A. Notify immediately, but no later than five
business days the child's custodial/non-custodial parent(s), attorney ad litem
and OCC attorney whenever the child is the victim or offender named in an
allegation of child maltreatment with the following forms:
1) CFS-204-A: Notice of Child Maltreatment
Allegation to Legal Parent(s), Legal Guardian(s) and Current Foster Parent(s)
of Alleged Offender in Foster Care
2) CFS 205-A: Notice of Child Maltreatment
Allegation to Legal Parent(s), Legal Guardian(s), and Current Foster Parent(s)
of Alleged Victim(s) in Foster Care
3) CFS 208-A: Notice of Child Maltreatment
Allegation to Attorney Ad Litem and CASA of Alleged Offender
4) CFS 206-A: Notice of Child Maltreatment
Allegation to Attorney Ad Litem, CASA, and Counsel in Dependency Neglect or
FINS Case of Alleged Victim(s)
B. Notify attorneys ad litem for all children
placed in the same out-of-home placement, via the CFS-209-A: Notice of Child
Maltreatment Allegation to AAL or CASA of Child in Foster Home Where
Maltreatment Is Reported or Where an Alleged Juvenile Offender or Underaged
Juvenile Aggressor is Placed, immediately, but no later than five business
days.
C. If there is an allegation
of sexual abuse perpetrated by a child in foster care, a public defender will
be assigned to the child. DHS will provide notice of
the investigative determination to all those individuals as outlined in
PROCEDURES XIV-A4 and A5.
D. Follow
all policies and procedures concerning the investigation of child
abuse.
E. If the allegation is a
Priority I and a foster parent or member of the foster family household is the
alleged offender, all children in foster care will be removed from the home. If
the allegation is a Priority I and the alleged offender is a child in foster
care, remove the alleged offender child from the home and place that child in a
foster home without any other children, unless he is the only child in the
home. Any exceptions to this policy must be approved and documented by the
Assistant Director of Community Services.
F. If the allegation is a Priority II,
conduct a safety/risk assessment on each child in the home. Determine on an
individual basis for each child in the home if it is necessary to immediately
remove them from the home to protect their safety and welfare. Regardless of
who the alleged offender is (e.g. one of the foster parents, another adult
member of the household, one of the children in care, or one of the foster
parent's own children), the FSW will determine if the children in care can
remain in the home with the implementation of a protection plan on an
individual case-by-case basis.
This includes
determining the placement structure that best meets all the needs
of the children and all members of the foster home. For example:
1) The alleged victim child in care may be
removed from the home.
2) The
alleged aggressor child may be removed from the home.
3) Any of the children in care who are
neither an alleged aggressor nor an alleged victim may be removed or remain in
the home based on an individual, case-by-case determination of what is in their
best interest and welfare.
4) The
FSW will review all relevant information to make this decision. This would
include, but is not limited to, the characteristics and history of the child in
foster care. The history and characteristics of the foster parents and their
own children (if any) should be assessed as well. The FSW will document this
information in the case record and the reasoning behind the decisions made.
If it is determined that with the implementation of a
protection plan any of the children in care may remain in the home, the FSW
will:
A. Develop
an appropriate protection plan.
B.
Meet with the foster parent(s) and all age appropriate children to introduce
the plan, review it, and answer any questions any of the participants may
have.
C. Make a visit to the home
to meet with the children and foster parents at least on a weekly basis while
the protection plan is being implemented and followed. The FSW will meet
individually with foster parents and children in care, if age appropriate, to
assess the protection plan, the continued well-being of the children, and to
determine any adjustments that may need to be made.
The Area Director
will:
A.
Notify the Resource Worker of the maltreatment
allegation.
The Resource Worker
will:
A.
In CHRIS, classify the home under investigation as "unavailable" so
that no more children may be placed in that home until the resolution of the
investigation.
B.
Assist with the monitoring of the protection plan as
appropriate.
PROCEDURE VII-J2: Response to
True Finding
If the Priority II allegation is found true, the FSW
will:
A. Reassess the
protection plan.
B. Determine if
the children in care may continue their placement in the home while the foster
parents appeal the finding.
C.
Remove any or all of the children from the home, determined on a case-by-case
basis, if necessary to ensure their safety and well-being.
PROCEDURE VII-J3: Response to
True Finding Reversed on Administrative Appeal, Priority I and II
The FSW will:
A.
Arrange and hold a staffing to
determine on a case by case basis if:
1) it is in the best interest of the children
to remain in/return to that foster home; and,
2) if it is appropriate to consider the home
as a placement resource for additional children in care.
B.
If the results of the staffing
determine that it is appropriate to allow the children involved in the
allegation to remain in/return to the home, reassess the protection plan and
adjust accordingly if necessary.
C.
If the staffing determines
that any children still in the foster home should be removed, remove the
children from the home.
The Area Director will:
A. Notify the Resource Worker that
the home may be removed from "unavailable" status in CHRIS if the staffing
determines that it is appropriate to consider the home as placement resource
for additional children in care.
The Resource Worker
will:
A.
At the instruction of the Area Director, remove the home from
"unavailable" status in CHRIS.
Procedure VII-J4: Response to
True Finding Upheld on Administrative Appeal, Priority I and II
If the true finding is upheld by the administrative hearing,
the foster home may remain open for any of the children currently in placement
in the home if it can be shown that it is in the best interest of the
child(ren) to remain in the home. This should be done on an individual basis
for each child.
The FSW will:
A. Review the existing protection
plan.
B. Make any necessary changes
and adjustments to the plan.
C.
Create the necessary documents for requesting that the foster home be granted a
policy waiver and/or alternative
compliance (see Appendix 9: Alternative Compliance and Policy Waiver Protocol
for more information) so that it may remain open.
D. Forward all case information for the
policy waiver and/or alternative
compliance request, including investigative outcomes, FSNRA, and
protection plans, to the Area Director.
E. If at any point the
policy waiver
and/or alternative
compliance request is denied:
1)
Remove all children in care from the foster home.
2) Find new and appropriate placements for
the removed children.
3) Notify the
Resource Worker that the foster home must be closed.
F.
Document the decision made on
any policy waiver request in CHRIS.
G. If the
alternative
compliance request is reviewed by the Child Welfare Agency Review
Board, document the decision of the board in CHRIS.
The Area Director will:
A. Review all received
policy waiver and/or alternative
compliance request(s) and supporting
materials.
B. Grant or
deny approval for policy waiver and/or
alternative compliance request(s) as appropriate.
C. If approved, forward the request(s) to the
Assistant Director of Community Services for approval.
The Assistant Director of Community Services will:
A. Review the received
policy waiver and/or alternative
compliance request(s) and supporting
materials.
B. Grant or
deny approval for policy waiver and/or
alternative compliance request(s) as appropriate.
C. If approved, forward the
request(s) to the Division Director for approval.
The Division Director
will:
A.
Review received policy waiver and/or alternative compliance
request(s) and supporting materials.
B.
Grant or deny approval for
policy waiver and/or alternative compliance request(s) as
appropriate.
C.
If approved, forward any alternative compliance request(s) to the
Placement and Residential Licensing Unit (PRLU) Manager and staff.
The PRLU Manager
will:
A.
Deny any inappropriate request for an alternative compliance;
or,
B.
Approve the request and place it on the agenda of the next
scheduled meeting of the Child Welfare Agency Review Board
(CWARB).
The Resource Worker will:
A.
Reevaluate any foster home
that is granted a policy waiver approval from the Assistant Director of
Community Services and/or alternative compliance approval from the Child
Welfare Agency Review Board.
B.
Close any foster home that is
denied a policy waiver and/or alternative compliance approval at any point
during the request review and document in CHRIS that the home is
closed.
C.
Provide the reason for closure in the comment box in the Provider
Services Tab.
PROCEDURE VIII-A3: Interagency Support for Youth with
Disabilities
01/2011
In order to promote continuity of care for youth with
disabilities, Adult Protective Services (APS), DCFS, Division of Youth Services
(DYS), Division of Developmental Disability Services (DDS), and Division of
Behavioral Health Services (DBHS) have signed a Memorandum of Understanding
that describes each Division's roles and responsibilities.
The FSW will:
A. Arrange an interagency case staffing and
initiation of transition plan following youth's 14th
birthday.
B. Arrange an interagency
case staffing within 30 days to include PACE determination and DD diagnosis
identified for individuals taken into custody after age 14.
C. Arrange an interagency review every six
months for youth likely to require state custody status as an adult.
D.
Invite the youth's TYS
Coordinator and any other appropriate individuals to the interagency case
staffing and all subsequent interagency reviews.
APS will:
A.
Review plan and identify issues requiring clarification or issues that might
have been omitted and request this information from DCFS.
B. Participate in case staffing and
transition plan review following client's 17th
birthday.
APS, DCFS, DYS, and OCC will apprise court of transition
plan.
APS and DDS will review transition plan and arrange appropriate
placement prior to client's 18th birthday.
PROCEDURE Vlll-Cl: After Care and Follow Up
If the youth is still in foster care, the FSW
will:
A.
Work with the youth requesting after care support. Request will be
made via CFS-004: Request for After Care Support.
B.
Send CFS-004 to the youth's
TYS Coordinator.
C.
Assign the TYS Coordinator as the primary
worker.
If the youth has already left foster
care, the TYS Coordinator will:
A.
Work with the youth requesting
after care support. Request will be made via CFS-004.
B.
Request his or her Supervisor
to reopen the youth's closed child protective service case and assign the TYS
Coordinator as the primary worker.
Once the TYS Coordinator is assigned as primary
worker, he or she will:
A. Select Independent Living Program as the
case type on the Case Summary Screen.
B. Complete the Contact Screen for all
contacts with youth, and update as appropriate.
C. Complete Education and Employment screens
and update as appropriate.
D.
Update Client Contact Information as appropriate.
E. Document in the Client Contact Information
Screen, the type and extent of financial assistance to be provided.
F. Assist the youth in selecting a residence
that is appropriate for his or her immediate needs, if needed.
G. Complete a CFS-370: Residence Checklist
for Youth to assure the residence and location are acceptable and document in
the Document Tracking screen in CHRIS.
H. Provide the youth with available
alternatives for meeting their immediate housing needs, if
appropriate.
I. Recommend and
assist in arranging for personal or community support as requested.
J. Assist the youth in applying for
assistance if he or she wishes to start or continue a post-secondary
educational program.
K. Document
purchase requests in the Document Tracking screen, and if approved, document in
Client Contact Information Screen. Payment is not made directly to the youth,
except for approved travel reimbursement.
L. Forward after care support requests to
Financial Support Unit at least two weeks before payment is due. M. Maintain
monthly contact with the youth.
POLICY VIII-I: ADOPTION SUBSIDY
06/2011
The Division provides a federal (title IV-E) or state
funded adoption subsidy as a service to assist in making adoption possible for
a child, who, with special needs, might not otherwise be adopted and for whom a
family is not readily available. A child in foster care placed in an adoptive
home continues status as a child in foster care until finalization of the
adoption and the adoption subsidy is initiated.
CHILD WITH SPECIAL NEEDS
A child with special needs is defined as a child who is
free for adoption and belongs to a group of children for whom the Division does
not have an adequate resource of approved applicants to provide a pool of
available waiting adoptive families. Other children may be eligible for
adoption assistance under this category if they have severe medical or
psychological needs that require ongoing rehabilitation or treatment. These
children include:
A.
a
Caucasian child nine years or older,
B.
a healthy child of color who is two
years or older,
C.
a
member of any sibling group being placed together who share at least one
biological parent and who have either lived together or otherwise developed a
bond prior to adoptive placement, and the child is:
1)
legally free for adoption with
parental rights terminated,
2)
under 18 years old and whose
adoption has not been finalized prior to approval of the
subsidy,
3)
(for the
purposes of a State Subsidy only), in DHS custody, or
4)
a member of a
Non-Custody/Out-of-Home Placement Services case, or
5)
who is SSI eligible at the time the
adoption petition is filed.
Children at high risk for the development of a serious
physical, mental, developmental or emotional condition may be considered
special needs if documentation of the risk is provided by a medical
professional specializing in the area of the condition for which the child is
considered at risk, but no subsidy payment will be made without documentation
that the child has developed the actual condition. (See Procedure
VIII-I1.)
Adoption subsidies can be funded through federal title
IV-E adoption assistance or state funds depending on the child's
eligibility.
Any individual who is adopting or who is considering
adopting a child who is in foster care will be notified of their potential
eligibility for a Federal Adoption Tax Credit.
Adoption assistance payments may be made to parents who
adopt a child with special needs. A child will not be considered special needs
unless:
A.
The state has determined the child cannot or should not be returned to
the home of his parents;
B.
The state has determined that a specific factor or condition exists with
respect to the child (such as ethnic background, age or membership in a
minority or sibling group; or the presence of factors such as medical
conditions or physical, mental, or emotional disabilities) because of which it
is reasonable to conclude that such a child cannot be placed for adoption
without providing adoption assistance or medical assistance under title XIX;
and
C.
A reasonable,
but unsuccessful, effort has been made to place the child without providing
assistance except where it would be against the best interest of the child due
to such factors as the existence of significant emotional ties with prospective
adoptive parents while in the care of such parents as a child in foster
care.
D.
For the
purpose of this policy, "AFDC" refers to the AFDC program as in effect
7-16-1996. ELIGIBILITY
There are five ways that a child can be eligible for
title IV-E adoption assistance:
A.
The child is AFDC-eligible and
meets the definition of a child with special needs.
Adoption assistance eligibility that is based on a
child's AFDC eligibility is predicated on a child meeting the criteria both at
the time of removal and in the month the adoption petition is initiated. At the
time adoption proceedings were initiated, the child must have been removed from
the home of a specified relative as a result of a judicial determination to the
effect that continuation therein would be contrary to the welfare of the child.
For the purpose of adoption assistance, a child must meet the AFDC criteria in
the specified relative's home from which he or she is removed. In addition, the
special needs determination must be made prior to finalization of the
adoption.
B.
The child
is eligible for Supplemental Security Income (SSI) benefits and meets the
definition of a child with special needs.
A child is eligible for adoption assistance if, at the
time the adoption petition is filed, the child meets the requirements for title
XVI SSI benefits, and prior to the finalization of the adoption is determined
by the state to be a child with special needs. There are no additional criteria
that a child must meet to be eligible for title IV-E adoption assistance when
eligibility is based on a child with special needs meeting SSI requirements.
Specifically, how a child is removed from his home or whether the state has
responsibility for the child's placement and care is irrelevant in this
situation. The child's eligibility for SSI benefits must be established no
later than at the time the adoption petition is filed.
C.
The child is eligible as a child of
a minor parent and meets the definition of a child with special needs. A child
is eligible for title IV-E adoption assistance in this circumstance if:
1)
The child's parent is in foster
care and receiving title IV-E foster care maintenance payments that cover both
the minor parent and the child at the time the adoption petition is initiated,
AND
2)
Prior to the
finalization of the adoption, the child of the minor parent is determined by
the state to meet the definition of a child with special
needs.
There is no requirement that a child must have been
removed from the home as a result of a judicial determination. However, if the
child and minor parent have been separated in foster care prior to the time of
the adoption petition, the child's eligibility for title IV-E adoption
assistance must be determined based on the child's current and individual
circumstances.
D.
The
child is eligible due to prior title IV-E adoption assistance eligibility and
meets the definition of a child with special needs.
In the situation where a child is adopted and receives
title IV-E adoption assistance, but the adoption later dissolves or the
adoptive parents die, a child may continue to be eligible for title IV-E
adoption assistance in a subsequent adoption. The only determination that must
be made by the state prior to the finalization of the subsequent adoption is
whether the child is a child with special needs. Need and eligibility factors
must not be redetermined when such a child is subsequently adopted because the
child is to be treated as though his circumstances are the same as those prior
to his previous adoption. Since title IV-E adoption assistance eligibility need
not be reestablished in such subsequent adoptions, the manner of a child's
removal from the adoptive home, including whether the child is voluntarily
relinquished to an individual or private agency, is irrelevant.
E.
Due to changes in federal
guidelines, some children in foster care who are currently receiving a
state-funded subsidy may be eligible for a federal IV-E adoption maintenance
subsidy.
Beginning federal fiscal year 2010, which started October
1, 2009, newly adopted children who have been in foster care for at least 60
consecutive months and/or who are 16 years of age or older will be eligible for
IV-E adoption assistance as long as they meet their state's definition of
special needs and
meet other requirements for IV-E eligibility. These
requirements include 1) for court-ordered placements, that the initial
placement in care was in the child's best interests and that reasonable efforts
to prevent removal were made or are not required to be made and 2) for all
placements, that reasonable efforts to finalize the permanency plan were made
(and updated every year). Further, children placed with siblings who qualify
due to age or length of time in care will also be considered IV-E eligible for
adoption assistance.
As shown below, eligibility will be phased in by age over
a nine-year period. Children become eligible if they turn the listed age any
time during the fiscal year. The federal fiscal year begins the first day of
October each year and ends the last day of September the following
year.
|
Federal Fiscal Year
|
Age of Eligibility
|
Date of Birth
|
|
2010
|
16 and older
|
October 1, 1994
|
|
2011
|
14 and older
|
October 1, 1997
|
|
2012
|
12 and older
|
October 1, 2000
|
|
2013
|
10 and older
|
October 1, 2003
|
|
2014
|
8 and older
|
October 1, 2006
|
|
2015
|
6 and older
|
October 1, 2009
|
|
2016
|
4 and older
|
October 1, 2012
|
|
2017
|
2 and older
|
October 1, 2015
|
|
2018
|
All children
|
|
By 2018, newly adopted children of all ages who meet the
other IV-E eligibility requirements will be eligible for federal adoption
assistance.
If eligible, the Division will make adoption assistance
payments to adoptive parents in amounts so determined through an adoption
assistance agreement. The amount of such payment:
1)
Will take into account the
circumstances of the adopting parents and the needs of the child being
adopted;
2)
May be
adjusted periodically with the concurrence of the adoptive parents to reflect
changing circumstances; and
3)
May not exceed the foster care
maintenance payment, which would have been paid during the period if the child
with respect to whom the adoption assistance payment is made had been in a
foster home.
In determining eligibility for state funded adoption
assistance payments, there is an income eligibility requirement (means test)
for the adoptive parents. There is no means test for determining eligibility
for federal title IV-E adoption assistance payments.
A state legal subsidy may be defined as OCC legal
services provided for children in DHS custody. A legal subsidy does not include
the use of a private attorney. The children are eligible for a legal subsidy
whether or not they meet the criteria for special needs and without regard to
eligibility for IV-E, state maintenance subsidy, or nonrecurring
subsidy.
Adoption assistance payments may be terminated if it is
determined that:
A.
The child has attained the age of
18;
B.
The parents are
no longer legally responsible for the support of the child; or
C.
The child is no longer receiving
support from the adoptive parents.
Adoption assistance payments may be extended
to the age of 21, if the child has a mental or physical disability which
warrants continuation and a federally-funded subsidy or state maintenance is
received.
In addition, if the child
was adopted at age 16 or older, the adoption subsidy may be
extended until age 21 under the following
circumstances:
A.
The child is completing secondary education or a program
leading to an equivalent credential; or
B.
The child is enrolled
in an institution which provides post-secondary or vocational education;
or
C.
The child is participating in a program or activity designed to
promote, or remove barriers to, employment; or
D.
The child is employed
for at least 80 hours per month; or
E.
The child is incapable
of doing any of the above described activities due to a medical
condition.
The Division will ensure that the child meets
these employment or education requirements. If a child is incapable of meeting
the above referenced education or employment requirements due to a medical
condition, the reason for which the child is incapable of meeting the education
or employment requirements must be documented by a medical professional and
updated annually until the child reaches 21 years of
age.
The adoptive parents are required to inform the Division
of circumstances that would make them ineligible for adoption assistance
payments or eligible for adoption assistance payments in a different
amount.
No payment may be made to parents with respect to any
applicable child that is not a citizen or resident of the United States and was
adopted outside of the United States or was brought into the United States for
the purpose of being adopted. A child that is not a citizen or resident of the
US and was adopted outside the US or brought into the US for the purpose of
being adopted may be eligible for adoption assistance payments if the initial
adoption of the child by the parents is a failure and the child is subsequently
placed into foster care.
ADOPTION ASSISTANCE AGREEMENT
An Adoption Assistance Agreement, a written binding
agreement between the adoptive parents, the Division, and other relevant
agencies must be in place prior to the finalization of the
adoption.
The Adoption Assistance Agreement must:
A.
Be signed by the adoptive parents
and the Division and be in effect before adoption assistance payments are made
under title IV-E, but no later than the finalization of the
adoption;
B.
Specify
the duration of the agreement;
C.
Specify the amount of the adoption
assistance payment (if any) and the nature and amount of any other payments,
services, and assistance to be provided (including non-recurring adoption
expenses in agreements that became effective on or after January 1, 1987, for
expenditures incurred by the parents on or after that date);
D.
Specify the child's eligibility for
title XIX and title XX;
E.
Specify, with respect to agreements entered into on or after October 1,
1983, that the agreement remains in effect regardless of the state of residence
of the adoptive parents;
F.
Contain provisions for the protection of the interests of the child in
case the adoptive parents and child should move to another state while the
agreement is in effect; and for agreements entered into on or after October 1,
1983, if needed.
If the service specified in the agreement is not
available in the new state of residence, the state making the original
assistance payment remains financially responsible for providing the specified
service(s).
However, in cases of unknown medical and psychiatric
conditions that surface after finalization, applications for federally funded
assistance may be submitted. After the initial denial of this application
occurs, in accordance with federal regulations, the adoptive family may appeal
the decision.
The types of situations that would constitute grounds for
an appeal include:
(1)
relevant facts regarding the child, the biological family or the child's
background were known, but not presented to the adoptive parents prior to the
adoption's finalization;
(2)Any subsidy decision which the
adoptive parents deem adverse to the child;
(3) erroneous determination by the
Division that a child is ineligible for adoption assistance,
and
(4)
failure by the Division to advise adoptive parents of the
availability of adoption assistance. If an appeal is upheld, the child may be
eligible for a federal (title IV-E) or state subsidized adoption. The effective
date of a federal (title IV-E) retroactive subsidy payment will be the date of
finalization or a date subsequent to finalization.
For foster parent and relative adoptions, it is not
necessary to determine that without subsidy the child would not otherwise be
adopted.
Payments for a maintenance subsidy and special services
subsidy are to meet the needs of the child. In addition, payments for one-time
expenses, known as a non-recurring adoption subsidy, may be obtained in order
to reimburse the family for out-of-pocket pre-adoptive/finalization
expenditures.
MEDICAL COVERAGE
The Division will ensure health insurance coverage for
any child determined to be a child with special needs for whom there is an
adoption subsidy agreement in effect. Federal title IV-E Medicaid will be
utilized to provide medical coverage for a title IV-E eligible child. Medical
coverage, for a non-title IV-E eligible child who has a special need for
medical or rehabilitative care, may be provided under the Medicaid category
Non-title IV-E Special Needs Adoptive Child if the child is
eligible for state maintenance subsidy and meets specified Medicaid eligibility
requirements. (See Medical Services Policy 6590.2 Eligibility Requirements.) If
the child does not qualify for Medicaid under federal title IV-E or Non-title
IV-E Special Needs Adoptive coverage, the family may make application for
Medicaid under a different category.
Any eligible child for whom there is an adoption
assistance agreement in effect is deemed to be a dependent child and is deemed
to be a recipient of AFDC (per AFDC requirements in effect 7-16-1996). Any
child of such eligible child will be eligible for such services.
The Division shall access resources as necessary in
Arkansas, the region and nation to find adoptive families for children with
special needs.
FOR THE SAKE OF BREVITY, SOME NONAFFECTED PROCEDURES HAVE
BEEN OMITTED.
PROCEDURE VIII-I1: Initial Application for Adoption
Subsidy
06/2011
The Adoption Specialist will:
A. Follow the same subsidy-related policy and
procedures, including subsidies for non-recurring legal expenses, regardless if
the adoption is being handled in-state or out-of-state.
B. Ensure close coordination with the other
state's adoption worker, if applicable.
C. Determine that the child has a special
need in relation to adoption planning, is between the age of birth to 18 years,
is in the custody of DHS (for state subsidy only), and is legally free for
adoption.
D. Determine if the child
is eligible for federal IV-E adoption maintenance subsidy first. If ineligible
for title IV-E, determine if the child is eligible for state funded adoption
maintenance subsidy.
E. Determine
that a reasonable, but unsuccessful, effort has been made to place the child
without providing adoption subsidy. Such an effort might include the use of
adoption exchanges, referral to appropriate specialized adoption agencies, or
other such activities. There are exceptions to this requirement when applying
for a title IV-E maintenance subsidy. These exceptions are
1) It would not be in the best interests of
the child because of such factors as the existence of significant emotional
ties with prospective adoptive parents while in the care of those parents as a
child in foster care.
2) Another
circumstance is adoption by a relative, in keeping with the statutory emphasis
on the placement of children with relatives. Review the adoption subsidy
program with the adoptive parent.
F. Determine what type of adoption subsidies
are needed, and complete all application procedures at the same time the
adoption assessment is being completed for a foster parent, provisional foster
parent, or relative adoption and within 60 days of placement for all other
adoptions.
G. Review and sign the
CFS-425: Application for Adoption Subsidy after the adoptive parent completes
it.
H. Request title IV-E
verification of eligibility from the DCFS Eligibility Unit.
I. Assist the adoptive parents in completing
the CFS-426: Statement of Income and Resources for Adoption Subsidy
J. Attach to the CFS-426 verification of
family income when a state funded adoption special subsidy is requested. The
CFS-426 is not required for a federal funded adoption maintenance
subsidy.
K. Review the adoptive
parents' health insurance policy if a special subsidy is requested to determine
if it will allow for any medical, dental, or psychological costs and, if so, to
what extent. Document on the CFS-426.
L. Be clear in the discussion with the family
that they will only be screening for a determination of special needs, subsidy
eligibility, and making a recommendation to the Adoption Services Unit. Under
no circumstances will the Adoption Specialist give the adoptive family the
subsidy determination prior to receipt of approval from the Adoption Services
Unit. The Adoption Specialist must also explore other resources and assistance
that may be available for the child and adoptive family when screening for a
subsidy.
M. Complete the CFS-427:
Determination of Eligibility for Adoption Subsidy and attach the following to
the CFS-427:
1) Verification of the costs for
a private attorney to finalize an adoption whether in-state or out-of-state, if
applicable.
2) Verification of
court costs to finalize an adoption if applicable.
N. Complete the following:
1) CFS-429: Special Adoption Subsidy
Determination to verify the child's medical, dental, psychological, etc.
condition by a professional which includes the diagnosis, prognosis, and costs
of treatment for one year if a special subsidy is requested.
Children at high risk for the development of a serious
physical, mental, developmental, or emotional condition may be considered
special needs if documentation of the risk is provided by a medical
professional specializing in the area of the condition for which the child is
considered at risk, but no subsidy payment will be made without documentation
that the child has developed the actual condition. In order to be eligible for
special needs subsidy based on developmental delay, documentation must be
provided, current within 6 months, attesting to the fact that the child has a
delay of 24% or more in two major developmental categories.
2) Statement that lists the child's financial
resources source and amount other than foster care board payment, if
applicable.
3) Verification from the
appropriate agency which explains the child's eligibility for financial
benefits (SSI, other types of Social Security benefits, VA, etc.) once the
adoption is finalized, if applicable (provide the agency with the amount of the
adoptive parent's income in order that a statement can be prepared.). Once a
child has been determined eligible for a federal subsidy, the adoptive parents
cannot be rejected for adoption assistance or have payments reduced without
their agreement because of their income or resources or the child's
resources.
4) Verification from
Children's Medical Services (CMS) which explains the child's eligibility for
services once the adoption is finalized, if applicable (provide CMS with the
amount of the adoptive parent's income in order that a statement can be
prepared).
For state-funded subsidies, utilize the scale that is
established and published annually by the Adoption Services Unit. The scale
shall be 300% of the yearly published Federal Poverty Level for the state of
Arkansas. The adoptive parent's income is an eligibility criterion for
state-funded adoption maintenance subsidy. The adoptive parent's income is not
an eligibility criterion for a federally-funded adoption maintenance subsidy
(i.e., a child who is title
IV-E or SSI eligible)
Special subsidies are state funded, and the Adoption Subsidy
Coordinator, Adoption Services Unit, will consider the child's eligibility on a
case-by-case basis. The consideration will be based on the information
developed during the Adoption Specialist's determination of the child's special
needs in relation to adoption planning. The adoptive parent's gross income will
be considered as well as other financial resources and health insurance in
determining eligibility for a special subsidy
O. Complete the CFS-426: Statement of Income
and Resources for Adoption Subsidy for all special subsidy requests.
P. Utilize the following scale to determine
the amount of a full monthly adoption maintenance subsidy payment based upon
the standard foster care board payment. These rates are effective for board
payments of November 2009 and after. New rates will not be paid until the child
reaches the next age range.
|
AGE of CHILD
|
Amount of MONTHLY Maintenance
|
|
Birth through 5 years
|
$410.00
|
|
6 through 11 years
|
$440.00
|
|
12 through 14 years
|
$470.00
|
|
15 through 17* years
|
$500.00
|
*Inform the adoptive parents that subsidy payments
may continue until the day the child elects to leave foster care
or until the end of the month of the child's 21st
birthday if he or she meets one of the established criteria listed
below:
1)
The
child has a mental or physical disability which warrants continuation and a
federally-funded subsidy or state maintenance is received;
or
2)
The
child was adopted at age 16 or older and
a.
Is completing secondary
education or a program leading to an equivalent credential;
or
b.
Is
enrolled in an institution which provides post-secondary or vocational
education; or
c.
Is participating in a program or activity designed to promote, or
remove barriers to, employment; or
d.
Is employed for at least 80
hours per month; or
e.
Is incapable of doing any of the above described activities due to
a medical condition.
However, eligibility for this extension must be
made within six months of the child's 18th birthday
through a subsidy redetermination request (see Procedure VIII I2: Title IV-E
Redetermination). The Division will ensure that the child meets these
employment or education requirements. If a child is incapable of meeting the
above referenced education or employment requirements due to a medical
condition, the reason for which the child is incapable of meeting the education
or employment requirements must be documented by a medical professional and
updated annually until the child reaches 21 years of age.
A request for a larger monthly adoption maintenance subsidy may
be made for a child who has received a higher than standard monthly foster care
board payment. A monthly subsidy payment cannot exceed the child's foster care
board rate which is in effect at the time a subsidy is approved.
Special Board Rate formulas and procedures will be used
strictly as guides in determining an appropriate nonstandard rate to discuss
with the family and to use in negotiating a lower rate (when appropriate). No
subsidy will exceed $460.00 above the standard board rate for the child's age
group. However, if the child is SSI eligible, the rate can go up $460.00 above
the SSI rate.
Q. Provide the following documentation with
the initial adoption subsidy application packet:
1) Emergency Petition
2) Emergency Order or other initial custody
court order
3) Petition and Order
for Termination of Parental Rights with Power to Consent to Adoption
4) "EMS 96 or DCO-93 ", or if applicable,
award letter for SSI
5) A copy of
the approved selection form for an adoption that is NOT a foster parent,
provisional foster parent, or relative adoption that documents efforts to place
the child without adoption subsidy. (Not required for a foster parent,
provisional foster parent, or relative adoption.)
R. Prepare a narrative entitled "Subsidy
Family Profile" about the adoptive family to include:
1) Type of adoption (foster parent,
provisional foster parent, non-foster parent, relative);
2) Type of subsidy (maintenance, special,
non-recurring, non-IV-E Medicaid);
3) Funding source (federal or
state);
4) Child to receive subsidy
(first name, age, race, developmental information, description of special
needs, problems, limitation, reasons for being in out-of-home placement, and
brief description of out-of-home placement history);
5) Adoptive father (name, age, education,
employment and health);
6) Adoptive
mother (name, age, education, employment and health);
7) Other children in family (adopted, birth,
custody, out-of-home placement, name, age, education, and health);
8) Others in household (explain if
applicable);
9) Marriage (length
and comments about the quality of the relationship);
10) Housing (brief description);
11) Income/resources (sources and amounts,
health insurance coverage, etc.);
12) Exploration of other resources and
assistance that may be available for the child and adoptive family when
screening for a subsidy;
13) Family
and adoptive child relationship (description to include strengths and
challenges);
14) Reason for
adoption subsidy (explain reason child needs adoption subsidy and reason for
the adoptive parent requesting it);
15) Subsidy request (maintenance costs per
month and for not more than a year), special subsidy type of service and costs
for not more than a year, legal assistance, if the OCC Attorney is requested to
finalize the adoption, court costs, etc., other subsidy requests and
costs;
16) Recommendation to
approve or deny.
S. Submit
the completed packet to the Adoption Field Services Supervisor for review and
comment.
Upon completion of supervisory review, the Adoption Field
Services Supervisor will send completed forms, narrative, documents, and other
attachments to the Adoption Subsidy Coordinator.
The Adoptive Subsidy Coordinator will:
A. Assess all submitted forms and
documentation, make a recommendation to approve or deny the adoption subsidy
application, and provide written notification to the Adoption Specialist of the
recommendation within 15 working days of receiving the initial application
packet from the Adoption Specialist. Contact the Adoption Specialist if
additional information/forms are needed.
B. Prepare the CFS-428: Adoption Assistance
Agreement and route the CFS-428 to the Manager of the Adoption Services Unit
for approval, then send the CFS-428 to the DCFS Director or designee for
signature.
C. Send signed CFS-428
to the Adoption Specialist with written instructions.
D. Notify the adoptive parent in writing if
the application is denied and explain the reason and the internal review
procedures and Administrative Fair Hearing procedures.
E. Send a copy of the notification of denial
to the Adoption Specialist.
Upon receipt of approval of the adoption subsidy, the Adoption
Specialist will
A. Meet with
the adoptive parent to explain an approval.
B. Review the CFS-428: Adoption Assistance
Agreement.
C. Secure the adoptive
parent's signature on the CFS-428 within 10 working days from receipt of the
agreement or prior to finalization.
D. Send the Adoption Subsidy Coordinator and
adoptive parent a copy of the signed CFS-428 within three working days upon
receipt.
E. Contact the Adoption
Subsidy Coordinator in writing within three working days from the meeting if
the adoptive parent has a disagreement with the contents of the
CFS-428.
F. Meet with the adoptive
parent to explain a denial, review the decision, and explain internal review
procedures within 10 working days from receipt of written notification to
deny.
G. Send a copy of the
Adoption Petition for and Final Decree of Adoption to the Adoption Subsidy
Coordinator within five working days upon receipt.
H. In CHRIS:
1) Open a new adoption case on adoptive
family entering the adoptive parents and adoptive child as clients. If child
was in the custody of DHS, retrieve the child's eligibility, medical and
characteristics screens from the closed child protective service case by
entering the child's protective service case and client numbers in the child's
General Information screen. If child was not in foster care prior to being
adopted, the adoptive child's Characteristic and Medical screens must be
completed to identify the special needs.
2) Complete the Adoption screens: General
Information screen, Affidavit of Disclosure screen, and Subsidy screen. Request
for Approval of subsidy from Adoption Field Services Supervisor after
finalization.
PROCEDURE VIII-I2: Title IV-E
Redetermination
06/2011
The federal title IV-E adoption assistance program does not
require re-determinations of a child's eligibility. Although, the title XIX
Medicaid Program and the programs that, in part, may qualify a child initially
for adoption assistance, such as AFDC and SSI, require re-determinations, they
are unnecessary for the purpose of maintaining a child's eligibility for title
IV-E adoption assistance. Once a child has been determined eligible and is
receiving title IV-E adoption assistance, the state may terminate the
assistance only under the following circumstances:
A.
The parents are no longer
legally responsible for the support of the child;
B.
The child is no longer
receiving support from the adoptive parents;
C.
The child has attained the age
of 18 unless
1)
The
child's subsidy was extended (per the adoption subsidy agreement) past the age
of 18 due to a mental or physical disability which warranted continuation of a
federally-funded subsidy or state maintenance to be received, in which case the
adoption subsidy would be terminated when the child attains the age of 21;
or,
2)
The
child's subsidy was extended past the age of 18 (per the adoption subsidy
agreement) because the child was adopted at age 16 or older, in which case the
child's subsidy would be terminated when the child attains the age of 21,
provided that the child also met one of the following circumstances from 18
years of age through 21 years of age:
a.
The child is completing
secondary education or a program leading to an equivalent credential;
or
b.
The
child is enrolled in an institution which provides post-secondary or vocational
education; or
c.
The child is participating in a program or activity designed to
promote, or remove barriers to, employment; or
d.
The child is employed for at
least 80 hours per month; or
e.
The child is incapable of
doing any of the above described activities due to a medical
condition.
The Division will ensure that the child meets these
employment or education requirements. If a child is incapable of meeting the
above referenced education or employment requirements due to a medical
condition, the reason for which the child is incapable of meeting the education
or employment requirements must be documented by a medical professional and
updated annually until the child reaches 21 years of age.
PROCEDURE VIII-I6: Request for Continuation of Federal
and State Funded Adoption Maintenance Subsidy after Age 18
06/2011
In some cases a federal adoption maintenance subsidy or state
funded maintenance subsidy may be continued for adoptees 18 to 21 years old.
Medicaid, however, cannot be extended past age 18 for state funded subsidies.
While the foster care Medicaid cannot be extended beyond the month the child
turns 18, the family may apply for another type of Medicaid.
If the adoptive parent requests that the adoption subsidy be
continued past the child's 18th birthday, the
following criteria must be met:
A. The
adoptive parent must be receiving a federal or state-funded adoption
maintenance subsidy prior to the child's 18th
birthday.
B. The adoptive parent
must provide proof that the child
1)
Has a mental or physical disability which warrants continuation;
or
2)
Was
adopted at age 16 or older anda.
Is completing secondary education or a program leading to an
equivalent credential; or
b.
Is enrolled in an institution
which provides post-secondary or vocational education;
or
c.
Is
participating in a program or activity designed to promote, or remove barriers
to, employment;
d.
Is employed for at least 80 hours per month;
or
e.
Is
incapable of doing any of the above described activities due to a medical
condition.
The Division will ensure that the child meets these
employment or education requirements. If a child is incapable of meeting the
above referenced education or employment requirements due to a medical
condition, the reason for which the child is incapable of meeting the education
or employment requirements must be documented by a medical professional and
updated annually until the child reaches 21 years of age.
The Adoption Support Specialist will:
A. Include the above documentation and
recommend whether the adoption subsidy should be continued past the child's
18th birthday.
B. Prepare the CFS-428: Adoption Assistance
Agreement if it is recommended that the adoption subsidy application be
approved, and route the CFS-428 to the Manager of the Adoption Services Unit
for approval, then send the CFS-428 to the DCFS Director or designee for
signature.
C. Notify the adoptive
parent in writing if the request is denied and explain the reason for denial
and procedures for the internal review and Administrative Fair
Hearing.
D. In CHRIS, if subsidy
has been extended, change the Subsidy Ending Date on the Adoption Subsidy
screen to continue subsidy past child's 18th
birthday.
PROCEDURE VIII-I8: Termination of Adoption
Subsidy
06/2011
Termination of an adoption subsidy will occur:
A. Upon the adoptive parent(s)'
request;
B.
Upon the
child's death;
C.
Upon the death of the adoptive parent(s) of the child (one parent
if a single parent family and both in a two-parent
family);
D.
At the cessation of legal responsibility of the adoptive parent(s)
for the child;
E.
If the Division determines that the child is no longer receiving
support from the adoptive parent(s).
F.
When the child reaches the age
of 18 unless1)
the
child's subsidy was extended past the age of 18 due to a mental or physical
disability which warranted continuation of a federally-funded subsidy or state
maintenance to be received, in which case the adoption subsidy would be
terminated when the child attains the age of 21; or,
2)
the child's subsidy was
extended past the age of 18 (per the adoption subsidy agreement) because the
child was adopted at age 16 or older, in which case the child's subsidy would
be terminated when the child attains the age of 21, provided that the child
also met one of the following circumstances from 18 years of age through 21
years of age:a.
The
youth is completing secondary education or a program leading to an equivalent
credential; or b. The youth is enrolled in an
institution which provides post-secondary or vocational education;
or
c.
The
youth is participating in a program or activity designed to promote, or remove
barriers to, employment; or
d.
The youth is employed for at
least 80 hours per month; or
e.
The youth is incapable of
doing any of the above described activities due to a medical
condition,
The Division will ensure that the child meets these
employment or education requirements. If a child is incapable of meeting the
above referenced education or employment requirements due to a medical
condition, the reason for which the child is incapable of meeting the education
or employment requirements must be documented by a medical professional and
updated annually until the child reaches 21 years of age.
The Adoption Specialist will assess any change in the adoptive
family's circumstances, which would warrant termination of the adoption
subsidy. The Adoption Specialist will:
A. Determine if termination of the adoption
subsidy is necessary.
B. Conduct a
staffing with the Adoption Manager.
C. Provide written notification to the
adoptive parent to explain the reason for the termination of the adoption
subsidy and the internal review procedures.
D. In CHRIS:
1) If adoption subsidy is terminated, change
the Subsidy Ending Date on the Adoption Subsidy screen to stop the existing
adoption subsidy.
2) If there are
other adoptive siblings with existing adoption subsidies, end-date the adoptive
child's Involvement in Case selecting the appropriate reason on the Child's
General Information screen.
3) If
there are no other adoptive siblings with existing adoption subsidies, close
the adoption case on the Case Summary screen selecting the appropriate
reason.
PROCEDURE IX-A3: Appeals and Hearings of True Child
Maltreatment Decisions
06/2011
The Appeals and Hearing Section will notify DCFS that an appeal
has been filed. The investigator responsible for the case will prepare an
Investigative File immediately and make it available to the petitioner, any
representative, the OCC Attorney and the Appeals and Hearings Section.
At least 10 days prior to the administrative hearing, the
alleged offender and the department will share any information with the other
party the party intends to introduce into evident at the hearing that is not
contained in the record. Additionally, if any child served with a subpoena to
be a witness in an administrative hearing is a party to an open
dependency-neglect case, the child's attorney ad litem will be provided a copy
of the subpoena.
The Appeals and Hearings section will send a notice of hearing
which contains the time, date, and place of the hearing and the name of the
hearing officer who will conduct the hearing. The hearing will be held by
telephone if neither party requests that the hearing be conducted in person. If
the hearing is held in person, the location will be in an office of the
department nearest to the petitioner's residence unless the Administrative Law
Judge determines that the hearing will be conducted via video
teleconference.
Upon receipt of notice that a true child maltreatment
determination is the subject of an appeal, the Family Service Worker, County
Supervisor, OCC Attorney and the Area Director will consult to review the
evidence used to establish the true determination and ascertain the impact of
any subsequent events of the case after the determination was made. If the
consultation reveals no merit for defending the true finding, the Area Director
will complete the CFS-313: Office of Chief Counsel Review of Administrative
Hearing Investigative Determination and provide a copy to the County
Supervisor, OCC attorney, and Assistant Director of Community
Services. The OCC attorney will inform Appeals and Hearing of the
decision not to defend. The CFS-313 will be included in the investigative file.
If the consultation reveals merit for defending the true finding, the
appropriate office/unit must designate a representative who must be familiar
with the circumstances leading to the adverse decision and must be able to
summarize the pertinent aspects of the situation and present the documentation
to support the basis for the findings. The representative will be able to
answer questions posed by the petitioner or the hearing officer relative to the
issue and should be prepared to cross examine witnesses.
The Department must notify the hearing officer and respondent
of the status of any proceeding of the Juvenile Division of the Circuit Court
if the child maltreatment at issue in the administrative hearing proceeding is
also an issue in the juvenile division of the circuit court proceeding. The
notice may include issues such as whether a 72hour hold was exercised on the
victim, whether the child was released, or if a petition for emergency custody
or dependency-neglect was dismissed.
Office of Chief Counsel will assign an attorney to represent
the investigative agency at the hearing only if the petitioner has an attorney.
If the petitioner appears at the hearing with an attorney without having first
notified the department, the investigator shall ask for a continuance so that
an OCC attorney may be appointed.
If the petitioner fails to appear for the hearing and does not
contact the Appeals and Hearing Section prior to the date of the hearing, the
appeal will be dismissed.
PROCEDURE IX-B7: Multidisciplinary Child Death Review
Committee
06/2011
FOR THE SAKE OF BREVITY, SOME NONAFFECTED PROCEDURES HAVE BEEN
OMMITTED. COMPOSITION AND DUTIES
The Multidisciplinary Child Death Review Committee will:
A. Consist of persons as specified by the
DCFS Director that may include but are not limited to the following persons:
1) DCFS Director
2) DCFS Assistant Director, Community
Services
3) DCFS Mental Health
Specialist
4) Manager of Child
Protective Services (Chairperson)
5) A physician representative from Arkansas
Children's Hospital
6) A physician
representative from Division of Behavioral Health (as appropriate)
7) A representative from the Crimes Against
Children Unit of the Arkansas State Police
8) A representative from the Arkansas Child
Abuse Rape and Domestic Violence Commission
9) A County Coroner
10) DCFS Executive Staff
11) A representative from the Administrative
Office of the Courts
B.
Meet monthly or as needed based on a decision of the Division and Committee.
1) The child-death-briefing packet will be
given to each member as the packet becomes available.
2) The committee will be given an agenda
prior to the meeting when possible.
C. Hear and consider all relevant material
related to cases scheduled for review.
D. Recommend to the Director appropriate
actions as deemed necessary and desirable to protect other children in the home
or other corrective actions.
E.
Utilize their areas of expertise to develop recommendations as to how each
provider can improve the services provided to families to ensure that children
are safe.
F. Review the following
information:
1) Briefing on the
family
2) Previous or pending
child-maltreatment allegations
3)
Previous or current open cases on the child and family
4) Services provided
5) Medical information
6) Mental health information
7) Police reports
8) Coroner's report
9) Toxicology or lab reports
10) Autopsy report
CHILD (FOR TITLE IV-E PURPOSES) -
A. For the purposes of the title IV-E foster
care program, an individual:
1) Who is in
foster care under the responsibility of DHS; and,
2) Who
meets the following age
parameters:a.
Has
not attained 18 years of age.
b. Has attained 18 years of age but who has
not attained 21 years of age
and meets any of the following
conditions:i. Is completing
secondary education or a program leading to an equivalent credential.
ii. Is enrolled in an institution which
provides post-secondary or vocational education.
iii. Is participating in a program or
activity designed to promote, or remove barriers to, employment.
iv. Is employed for at least 80 hours per
month.
v. Is incapable of doing any
of the above described activities due to a medical condition, which
incapability is supported by regularly updated information in the case
plan
B. For the purposes of the title IV-E
adoption or guardianship assistance program, an individual:
1)
Who is under the age of 18 and
is the subject of an adoption or guardianship assistance agreement entered into
prior to the age of 16, or
2)
Who is under the age of 21 and
is the subject of an adoption of guardianship assistance agreement entered into
or after the individual attained the age of 16 and meets any of the following
conditions: :
a. Is completing
secondary education or a program leading to an equivalent credential.
b. Is enrolled in an institution which
provides post-secondary or vocational education.
c. Is participating in a program or activity
designed to promote, or remove barriers to, employment.
d. Is employed for at least 80 hours per
month.
e. Is incapable of doing any
of the above described activities due to a medical condition.
Foster Parent Grievance Procedures
Foster parents have the right to appeal decisions affecting
them and the operation of their home. Most problems can be solved at the local
level if the foster parents and FSW keep each other informed about matters of
interest and importance pertaining to the child. It is most important for
foster parents and Family Service Workers to discuss and work out issues and
problems as they occur.
All complaints may not be grievable and, while the County
Office will make every effort to reconcile every disagreement, some situations
may not be reconcilable. Such situations result in decisions being made by the
county office based on current policy and procedure, for example closing the
foster home due to the advancing age of the foster parents.
Examples of issues that to take through the Grievance Procedure
are:
* Removal of a child from the foster home without appropriate
cause and/or without appropriate notice;
* Visits without preparation and/or notice; \
* Failure by DCFS to share appropriate information;
* Failure by DCFS to provide necessary support (failure to
return phone calls or habitually being unavailable when needed, failure to help
with initial clothing or problems with the child, medical/Medicaid coverage
and/or providers); or
* Failure by DCFS to keep the terms of the initial written
agreement with the foster home (CFS-462: Initial Foster Home Agreement and
CFS-462A: Foster Home Agreement Addendum).
Prior to filing a grievance, foster parents should request an
informal discussion of the problem with the FSW and the immediate supervisor.
If the problem is not resolved at this point and the issue is grievable, then
the foster parents may file a grievance according to the procedures listed
below. Any time frame specified within the grievance procedures may be modified
by mutual consent and notification to all involved parties.
If, after the foster parents have discussed the grievance with
the FSW and supervisor, and if the foster parents believe that DCFS failed to
uphold its policies and philosophies, then, the foster parents must state the
grievance in writing and submit it to the Area
Director of the county where the foster parents live 30 days from
the date the grievable action occurred. The Area
Director will schedule a meeting with the foster parents within 10
working days of the receipt of the written grievance and attempt to resolve the
problem.
If the foster parents are not satisfied with the results of
this meeting and if the foster parents have additional information
that pertains to their case that was not previously presented to the FSW,
supervisor and Area Director, the foster parents may appeal to the Foster Care
Unit in Central Office to present their case supported by said new
information. A copy of the grievance and written reports of the
previous two meetings will be forwarded to the Foster Care Unit. A Grievance
Committee hearing will be scheduled within 10 working days. The hearing will be
held in the county where the foster parents live.
The Grievance Committee will be composed of three persons: a
representative selected by the county office, a representative selected by the
foster parent, and a representative selected by Central Office. The foster
parents may also select an individual (such as an attorney, friend, or
relative) to present the case. The Grievance Committee member selected by the
county office will not be from the county where the foster parents live or any
individual who is within the direct chain of authority for the resident county.
During the hearing, all parties will be given an opportunity to present their
case.
The Grievance Committee will submit their findings and
recommendations within 20 working days from the date of the Grievance Hearing
to the Assistant Director of Community Services.
The foster parents and the county office will be notified, in
writing, by the appropriate decision-making personnel of the decision within 10
working days from the date the Grievance Committee's findings and
recommendations are submitted.
If corrective action is required by the county office, the
corrective action will begin no later than 10 working days after the county
office and foster parents are notified of the decision. A written report of
completed action will be submitted to Central Office no later than 30 days
after corrective action has commenced. If corrective action has not been
finalized within the 30 day time frame, an interim report will be submitted by
the DCFS county office every 30 days until completed.
If corrective action is required by the foster parents, they
must indicate the steps necessary to correct the deficiency within 10 days
after notification from the appropriate decision-making personnel. This
corrective action plan must receive the approval of the county office
supervisor. The foster parents will notify their local county office and
Central Office within 60 days of the original findings being received, that all
corrective steps have been completed. In the absence of said notification from
the foster parents, it will be presumed that the foster parents have elected
not to comply with the findings of the appropriate decision-making
personnel.
The decision of the appropriate decision-making personnel will
be considered final, and no other appeal procedure within DHS is
appropriate.
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POLICY VI-O: THERAPEUTIC FOSTER CARE
06/2011
Therapeutic foster care (TFC) is a specialized form of
foster care that provides a wraparound plan for children who need more
intensive case management to meet their individual needs. TFC is a family-based
service delivery approach supported by licensed mental health professionals (as
recognized by Arkansas Medicaid) that provides individual treatment for
children, youth, and their families. Therapeutic foster parents are specially
trained and more intensively supervised and supported to help them care for
children with more complex needs. Children may need TFC as a result of
disruptive behaviors, mental health issues, true findings of sexual abuse, or
numerous unsuccessful placements. In addition to a DCFS Family Service Worker,
each child in a therapeutic foster home is assigned a case manager who is
active in the child's daily life through more frequent visits, medication
management, therapy, etc. The goal of therapeutic foster care is to stabilize
children in their communities so they can achieve permanency through
reunification with parents or relatives or through adoption.
DCFS contracts for therapeutic foster care with licensed
providers across the state. All referrals for TFC will go through the
Specialized Placement Unit (SPU) to ensure that placement is in a child's best
interest and, if possible, that a child remains close to his or her home
county. A referral does not guarantee placement as TFC may not be appropriate
for every child. Additionally, a child may be placed on a waiting list until
the provider can secure an appropriate placement.
A foster home may not be both a TFC foster home and a
DCFS foster home. However, eeele foster child not requiring
TFC may be placed into a eeeTFC foster
homes only in the following
circumstances:ife
* He or she e eeel is a sibling
of e eeel child in the TFC foster home;
OR
* He or she e eeel is
the-a_child of e eeel youth in the TFC foster home;
OR
* He or she e eeeleleeellee
ehomehad previously been receiving TFC services in that TFC
home.
Before placing a eeelfoster child not
requiring TFC services into a eee TFC
home with a eeel child receiving TFC
services, the potential risk to all children shall be considered.
Justification of the appropriateness of leele eeeethe
placement l shall be documented.
If a TFC foster home wishes to become a DCFS foster home,
all applicable Minimum Licensing Standards and DCFS Policy requirements must be
met by the foster home.
PROCEDURE VI-O1: Referrals for Therapeutic Foster
Care
If the Family Service Worker believes TFC to be the most
appropriate placement for a child, he or she will:
A. Complete CFS-367: Specialized Placement
Referral Form.
B. Email the
completed CFS-367 to TFCReferral@arkansas.gov.
C. Retain a paper copy of the CFS-367 in the
child's case file.
If the child is accepted into a TFC placement, the Family
Service Worker will:
A.
Forward additional required documents to the provider, as requested.
B. Continue to maintain the child's case file
while he or she is in TFC.
BrC. Coordinate a monthly visit with the TFC case
manager to assess the health and safety of the child placed in the TFC
home.
The SPU Manager will:
A. Review the completed CFS-367 for
appropriateness.
B. Forward
appropriate referrals to the TFC providers.
C. Notify the FSW if the child is accepted
into the TFC program.
PROCEDURE VI-O2: Therapeutic Foster Home Transitioning to
DCFS Foster Home
In the event that a current TFC foster
home wishes to become a DCFS foster home, the Resource Worker will:
A. Request a referral on the family from the
TFC provider.
B. If the referral is
positive, ensure that all required DCFS background checks (i.e., Child
Maltreatment Central Registry Check, Adult
Maltreatment Central Registry Check, State Police
Criminal Record Check, FBI Criminal Background Check,
and Vehicle Safety Check) are in place and current. Complete appropriate CHRIS
screens (see Procedure VII-C1).
C.
Once background checks have been verified, conduct ain In-Home Consultation
Visit (see Procedure VII-C2) with the family.
D. Verify that the family has completed:
1) PRIDE training with the TFC provider.
a. If the family did not complete PRIDE
training with the TFC provider, refer the family to MidSOUTH for PRIDE training
upon successful completion of all background checks and the In-Home
Consultation Visit (see Procedures VII-C3: Initiation of Pre-Service Training
and VII-C4: Pre-Service Training).
2) CPR and Standard First Aid Certification.
First Aid and CPR training and certification will only be accepted from a
certified trainer associated with the American Heart Association, the National
Safety Council, or the American Red Cross. First Aid training provided through
the National Safety Council must be the Standard First Aid, not Basic First
Aid.
a. If the family does not have current
CPR and Standard First Aid Certification, assist the family in accessing
appropriate training.
3)
Fifteen hours of continuing education related to fostering within the past
calendar year.
a. If the family has not earned
15 hours of continuing education within the past calendar year, they are
responsible for obtaining the remaining hours. However, the time spent during
the In-- Home Consultation Visit and Orientation may count toward the 15 hour
continuing education requirement.
E. If the family will not be attending PRIDE
training, ensure that the individual conducting the home study receives the
completed SAFE Questionnaire I.
F.
Arrange for a SAFE Home Study to be completed on the family (see Procedure VII
C-5: Home Study).
G. If the
family's SAFE Home Study is approved, ensure the CFS-475 is completed, that any
safeguard measures deemed necessary have been implemented, and that any
requested alternative compliances or policy waivers have been
approved.
H. Invite the County
Supervisor to accompany them on the final face-to-face visit and final visual
inspection of the home.
I. Conduct
a final face-to-face visit with the prospective foster parents and a final
visual inspection of the home (preferably with the County
Supervisor).
J. Provide the family
with an Approval Packet.
K. Review
the DCFS Approval Packet which includes:
1)
Stamped envelopes addressed to the appropriate county office
2) Examples of the completion of travel
documentation that must be submitted monthly
3) Copy of the Code of Ethics
4) Copy of the Arkansas Practice
Model
5) CFS-381: Training Record
Log
6) Medication Log
7) Child Inventory Log
8) Fire Drill Log
9) CFS-352: Medical, Dental, Vision, Hearing
and Psychological Episodic Visits
10) After hours contact sheet
11) Foster Care Board Sheet
12) Appropriate Foster Parent Association
contact information
L.
Complete the CFS-462: Initial Foster Family Agreement with the
family.
M. File the CFS-462:
Initial Foster Family Agreement in the foster home record.
N. Enter a disposition as to the
approval/denial of the foster home within three working days of receipt of the
Area Director's approval or denial.
1) If the
recommendation is approval, then:
a. If the
orientation has not already taken place, schedule a date for a County or Area
Orientation Session for newly approved foster parents.
b. Complete Provider Alternate Care Screen in
CHRIS if family has determined they are willing to serve as an Informal Respite
Home and, using CFS-419, enter all appropriate identified Foster Family Support
System Individual Members including information on their cleared background
checks (see POLICY VII-G: Alternate Care).
c. Enter Begin Date on Availability Status on
Provider Service Status Screen and Request Approval on Provider Service Detail
Screen in CHRIS.
d. If the family
has indicated interest and been approved to foster children/youth with specific
characteristics, identify the appropriate Disability Willing to Accept
selection under the Preferences Tab in the Provider Services/Admission Criteria
Button.
e. File the approval letter
in the foster home record.
2) If the recommendation is denial, then:
a. Send a "Letter of Denial" to the
applicants who were not approved. See POLICY VII-D: Denial of a Foster Home and
document in Provider Contact Information Screen in CHRIS.
b. End Date the Foster Family Service on the
Provider Services Tab selecting the appropriate Reason for End Date.
c. Specify why the home was denied in the
comment box on the Provider Services Tab.
The County Supervisor or designee is encouraged to:
A.
Participate in the final face-to-face visit and final visual inspection of the
home with the Resource Workerr.
The Area Director or designee will:
A. If appropriate, approve the Resource
Worker's Request for Approval in Provider Service Detail Screen in CHRIS to
finalize the approval of the Foster Family. Upon approval, CHRIS automatically
provides the Foster Family Approval Letter to be printed, mailed, and filed in
the foster home record.
PROCEDURE VI-O3: Former Therapeutic Foster
Home Reopening as DCFS Foster Home
For former TFC foster homes that express interest
in opening as a DCFS foster home, the Resource Worker
shall:
A.
Request a referral on the family from their former TFC
provider.
B.
If the referral is positive, complete new background checks on all
appropriate members of the household regardless of whether previous background
checks are still current.
C.
Once background checks have
been verified, conduct an In-Home Consultation Visit (see Procedure VII-C2)
with the family.
D.
Verify that the foster parent applicants have completed PRIDE
training within the past two years.
1)
If the applicants have not
completed PRIDE training within the past two years, refer the family to
MidSOUTH for PRIDE training upon successful completion of all background checks
and the In-Home Consultation Visit (see Procedures VII-C3: Initiation of
Pre-Service Training and VII-C4: Pre-Service Training).
E.
Verify that the
foster parent applicants have current CPR and Standard First Aid
certification.1)
CPR
and First Aid training and certification will only be accepted from a certified
trainer associated with the American Heart Association, the National Safety
Council, or the American Red Cross. First Aid training provided through the
National Safety Council must be the Standard First Aid, not Basic First
Aid.
2)
If
the family does not have current CPR and Standard First Aid Certification,
assist the family in accessing appropriate training.
F.
If the foster home
has been closed less than one year, verify that the foster parent applicants
have completed 15 hours of continuing education related to fostering within the
past calendar year.1)
If the family has not earned 15 hours of continuing education
within the past calendar year, they are responsible for obtaining the remaining
hours. However, the time spent during the In-Home Consultation Visit and
Orientation may count toward the 15 hour continuing education
requirement.
G.
If the family will not be
attending PRIDE training, ensure that the individual conducting the home study
receives the completed SAFE Questionnaire I.
H.
Arrange for a SAFE Home Study
to be completed on the family (see Procedure VII C-5: Home
Study).
I.
If the family's SAFE Home Study is approved, ensure the CFS-475 is
completed, that any safeguard measures deemed necessary have been implemented,
and that any requested alternative compliances or policy waivers have been
approved.
J.
Invite the County Supervisor to accompany them on the final
face-to-face visit and final visual inspection of the
home.
K.
Conduct a final face-to-face visit with the prospective foster parents and a
final visual inspection of the
home (preferably with the County Supervisor). L.
Review the Approval Packet with the family.
M.
Complete the CFS-462 with the
family and file it in the foster home record.
N.
Enter a disposition as to the
approval/denial of the foster home within three working days of receipt of the
Area Director's approval or denial.
1)
If the recommendation is
approval, then:
a.
If the orientation has not already taken place, schedule a date for
a County or Area Orientation Session for newly approved foster
parents.
b.
Complete Provider Alternate Care Screen in CHRIS if family has
determined they are willing to serve as an Informal Respite Home and, using
CFS-419, enter all appropriate identified Foster Family Support System
Individual Members including information on their cleared background checks
(see POLICY VII-G: Alternate Care).
c.
Enter Begin Date on
Availability Status on Provider Service Status Screen and Request Approval on
Provider Service Detail Screen in CHRIS.
d.
If the family has indicated
interest and been approved to foster children/youth with specific
characteristics, identify the appropriate Disability Willing to Accept
selection under the Preferences Tab in the Provider Services/Admission Criteria
Button.
e.
File the approval letter in the foster home
record.
2)
If the recommendation is denial, then:
a.
Send a "Letter of Denial" to
the applicants who were not approved. See POLICY VII-D: Denial of a Foster Home
and document in Provider Contact Information Screen in
CHRIS.
b.
End Date the Foster Family Service on the Provider Services Tab
selecting the appropriate Reason for End Date.
c.
Specify why the home was
denied in the comment box on the Provider Services Tab.
The County Supervisor or designee is encouraged
to:
B.
Participate in the final
face-to-face visit and final visual inspection of the home with the Resource
Worker.
The Area Director or designee
will:
B.
If
appropriate, approve the Resource Worker's Request for Approval in Provider
Service Detail Screen in CHRIS to finalize the approval of the Foster Family.
Upon approval, CHRIS automatically provides the Foster Family Approval Letter
to be printed, mailed, and filed in the foster home
record.
POLICY VII-M: CHILDCARE FOR CHILDREN IN OUT-OF- HOME
PLACEMENT
Child Care for children may be provided as a part of an
out-of-home placement case to provide assistance to foster parents when
circumstances exist for child care, e.g., training, transporting a child in
foster care for medical purposes, etc., or if both foster parents
work.
PROCEDURE VII-MI: Child Care for Children in Out-of-Home
Placement
The Family Service Worker will:
A.
Assist foster parents to obtain
child care when such help is needed, for instance, when the foster parents are
required to obtain training, or for the foster parents' children when
transporting the child in out-of-home placement to services is reimbursable.
This transportation is payable via DHS-1914. All other requests must receive
prior approval from the Area Director.
B.
See Procedure V-D1: Child Care for
Children. Notify the Division of Child Care and Early Childhood Education
(DCCECE) and the child care facility of changes in child care, when payment is
through
