Current through Register Vol. 48, No. 12, March 22, 2024
a) Unless the Department determines that it
is not in the child's best interests to be provided information on a sibling's
whereabouts or to have his or her whereabouts provided to his or her siblings,
or a court has prohibited disclosure of this information, the Department shall
promote contact and communication among siblings placed apart by taking the
following actions:
1) the Department or
purchase of service agency shall provide children and their foster parents or
other caregiver with each sibling's birth date and the name, address, and
telephone number of the foster parent or other caregiver of each sibling placed
by the Department in substitute care. The Department shall also provide the
birth date and the name, address and telephone number of siblings in the
custody of a parent, adoptive parent, legal guardian or adult sibling, if that
information is or becomes known to the Department;
2) the Department or purchase of service
agency shall provide children who are in the care of their parents with the
name, address and telephone number of siblings in the custody/guardianship of
the Department, unless:
A) the Department or
purchase of service agency has determined that it is not in the child's best
interests to provide information on his or her whereabouts to his or her
siblings, and the Department has notified each child's attorney and guardian ad
litem in accordance with subsection (b);
B) the Department or purchase of service
agency has determined that identifying information of the foster
parent/relative caregiver shall not be released to the sibling based on the
results of the assessment completed in accordance with Section
301.440(a),
and each child's attorney and guardian ad litem has been notified in accordance
with Section
301.440(b);
or
C) a court has prohibited
disclosure of this information;
3) whenever a child is moved to another
placement, the Department shall:
A) give
written notice of the name, address and telephone number of the child's new
foster parent or other caregiver to each sibling and the foster parent or other
caregiver of each sibling, in writing, within seven days after the move;
and
B) review and, if necessary,
amend the Visitation and Contact Plan in consultation with the caseworkers,
foster parents, caregivers, children/siblings and other appropriate
parties;
4) the
Department shall encourage foster parents and caregivers to allow children in
their care to use available modes of communication (e.g., telephone, cell
phone, letter writing, email, video conferencing, etc.) to contact their
siblings between visits as often as the children wish, provided, however, that,
if necessary, a plan for scheduling reasonable contact may be established by
the children's caseworker, together with the foster parent or other caregiver
and the children. This plan shall be incorporated in the Visitation and Contact
Plan.
b) If the
Department determines that it is not in a child's best interests to be provided
information on a sibling's whereabouts or to have information on his or her
whereabouts provided to his or her siblings, the Department shall notify each
child's attorney and guardian ad litem in writing within seven days after that
determination. The Department shall also record the reasons for that
determination in the children's case records.
c) Neither the Department nor its purchase of
service or other contractual agencies shall withhold or restrict, or seek to
have any court withhold or restrict, contact among siblings as a form of
discipline under any circumstances.