Current through September 2, 2024
01.
Statutory Requirements. The Department must arrange alternate care in accordance with the protections established in:
a. The Children's Mental Health Services Act, Title 16, Chapter 24, Idaho Code;
b. The Child Protective Act, Title 16, Chapter 16, Idaho Code; and
c. The Indian Child Welfare Act, 25 USC 1901, et seq.
02.
Requirement for Licensure. A child that is placed in alternate care must be placed in a licensed foster home, licensed residential care facility, or in a licensed hospital.
03.
Out-of-State Placement. Placement of a child in an alternate care setting outside the state of Idaho requires that the Department comply with the Interstate Compact on the Placement of Children, in accordance with Section 16-2102, Idaho Code.
04.
Least Restrictive Setting. Whenever possible, the Department will arrange placement:
a. In the least restrictive setting available that will meet the child's mental health treatment needs; and
b. That is in close proximity to the parent or guardian.
c. If the placement does not meet the requirements of Subsections 201.04.a. and 201.04.b. of this rule, the Department will provide written justification to the child's parent or guardian by way of the Alternate Care Plan that the placement is in the best interests of the child.
05.
Visitation for Child's Parent or Guardian. Visitation arrangements will be documented in the alternate care plan.
06.
Notification to Parents or Guardians of Change in Placement.
a. The Department will provide written notification to the child's parent or guardian no later than seven (7) days after a child's change of placement.
b. If an Indian child under jurisdiction of the court is relocated to another alternate care setting, similar notice must be sent to the child's Indian custodian, and the child's tribe. Wherever these rules require notice to the parent or custodian and tribe of an Indian child, notice must also be provided to the Secretary of the Interior by certified mail with return receipt requested to Department of the Interior, Bureau of Indian Services, Division of Social Services, Code 450, Mail Stop 310-SIB, 1849 C Street, N.W., Washington, D.C. 20240. In addition, under 25 CFR Section 23.11, copies of such notices must be sent by certified mail with return receipt requested to the Portland Area Director, Bureau of Indian Affairs, 911 NE 11th Avenue, Portland, OR 97232. If the identity or location of the parent or Indian custodian and the tribe cannot be determined, notice of the proceeding must be given to the Secretary, who will provide notice to the parent or Indian custodian and tribe.
Effective March 17, 2022
