Idaho Administrative Code
Title IDAPA 16 - Health and Welfare, Department of
Rule 16.06.01 - CHILD AND FAMILY SERVICES
REVIEWS AND HEARINGS
Section 16.06.01.240 - SIX-MONTH REVIEWS FOR CHILDREN IN ALTERNATE CARE PLACEMENT

Universal Citation: ID Admin Code 16.06.01.240

Current through August 31, 2023

When a judicial review does not occur at the end of a six (6) month period for any child in alternate care placement, the Department will conduct a case review to assure compliance with all applicable state and federal laws, and to ensure the plan focuses on the goals of safety, permanency and well-being of the child. (3-15-22)

01. Notice of Six-Month Review. The parent(s) or legal guardian(s), foster parent(s) of a child, and any preadoptive parent(s) or relative(s) providing care for the child, are to be provided with notice of their right to be heard in the six-month review. In the case of an Indian child, the child's tribe and any Indian custodian must also be provided with notice. This must not be construed to require that any foster parent, preadoptive parent, or relative providing care for the child be made a party to the review solely on the basis of the receipt of such notice. Participants have the right to be represented by the individual of their choice. (3-15-22)

02. Procedure in the Six-Month Review. The parties who received notice will be given the opportunity to participate in the case review. (3-15-22)

03. Members of Six-Month Review Panel. The six-month review panel must include a Department employee who is not in the direct line of supervision in the delivery of services to the child or parent(s) or legal guardian(s) being reviewed. The review panel may include agency staff, staff of other agencies, officers of the court, members of Indian tribes, and citizens qualified by experience, professional background, or training. Members of the panel will be chosen by and receive instructions from the Department's Child and Family Services Program Manager or their designee, to enable them to understand the review process and their roles as participants. (3-15-22)

04. Considerations in Six-Month Review. Whether conducted by the court in a review hearing or a Department review panel, under State law, Federal law and regulation, each of the following must be addressed in a six-month review: (3-15-22)

a. Determine the extent of compliance with the family services plan; (3-15-22)

b. Determine the extent of progress made toward alleviating or mitigating the causes necessitating the placement; (3-15-22)

c. Review compliance with the Indian Child Welfare Act, when applicable; (3-15-22)

d. Determine the safety of the child, the continuing need for and appropriateness of the child's placement; and (3-15-22)

e. Project a date by which the child may be returned and safely maintained at home or placed for adoption, legal guardianship, or other permanent placement. (3-15-22)

05. Recommendations and Conclusions of Six-Month Review Panel. Following the six-month review, written conclusions and recommendations will be provided to all participants, subject to Department safeguards for confidentiality. The document containing the written conclusions and recommendations must also include appeal rights. (3-15-22)

Disclaimer: These regulations may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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