Idaho Administrative Code
Title IDAPA 16 - Health and Welfare, Department of
Rule 16.07.37 - CHILDREN'S MENTAL HEALTH SERVICES
ALTERNATE CARE PLACEMENT
Section 16.07.37.800 - SIX MONTH REVIEWS FOR CHILDREN IN ALTERNATE CARE PLACEMENTS

Universal Citation: ID Admin Code 16.07.37.800

Current through September 2, 2024

A review is to occur at the end of a six (6) month period for any child in an alternate care placement. The Department will conduct a case review to assure compliance with all applicable state and federal laws, and to ensure the treatment plan focuses on the goals of safety, permanency, effectiveness of treatment, and well-being of the child. The Department may request the court hold a review hearing for the child in accordance with Section 16-2407(3), Idaho Code.

01. Notice of Six Month Review. The parent or guardian, foster parent of a child, or relative providing care for the child is to be provided with notice of their right to be heard in the six (6) 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, 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.

02. Procedure in the Six Month Review. The parties who received notice will be given the opportunity to participate in the case review.

03. Members of Six Month Review Panel. The six (6) 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 or guardian. 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 an authorized representative in the Department's Division of Behavioral Health, to enable them to understand the review process and their roles as participants.

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 (6) month review:

a. Determine the extent of compliance with the treatment plan;

b. Determine the extent of progress made toward alleviating or mitigating the causes necessitating the placement;

c. Review compliance with the Indian Child Welfare Act, when applicable;

d. Determine the safety of the child, the continuing need for and appropriateness of the child's placement; and

e. Project a date by which the child may be returned and safely maintained at home or placed for adoption, guardianship, or other permanent placement.

05. Recommendations and Conclusions of Six Month Review Panel. Following the six (6) 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.

Effective March 17, 2022

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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