Current through Register Vol. 48, No. 38, September 20, 2024
a) Purposes of Child Welfare Services
Child welfare services provided by Department staff or
purchased by the Department from purchase of services providers are directed
toward the following purposes:
1)
protecting and promoting the welfare of all children, including handicapped,
homeless, dependent or neglected children;
2) preventing or remedying, or assisting in
the solution of problems which may result in, the neglect, abuse, exploitation,
or delinquency of children;
3)
preventing the unnecessary separation of children from their families by
identifying family problems, assisting families in resolving their problems,
and preventing breakup of the family where the prevention of child removal is
desirable and possible;
4)
providing services to children and families so that children, who have been
removed, may be restored to their families;
5) placing children in suitable adoptive
homes, in cases where restoration to the biological family is not possible or
appropriate;
6) assuring adequate
care of children away from their homes, in cases where the child cannot be
returned home or cannot be placed for adoption; and
7) providing supportive services and living
maintenance such as residential maternity homes and counseling which
contributes to the physical, emotional and social well-being of children who
are pregnant and unmarried.
b) Essential Criteria for Child Welfare
Services
The mere determination that parental or caretaker conduct, the
home conditions, or the child care arrangements differ from the norm shall not
be justification for providing child welfare services. Instead, the Department
shall focus on the available alternatives and whether or not Department
intervention is less detrimental to the child and family than no Department
intervention using the following criteria:
1) Does the parent or caretaker fall below
the minimum parenting standards a defined in Section
304.2 ?
2) Is there clear evidence that the home
conditions or the parental or caretaker conduct are likely to be detrimental to
the child?
3) What is the specific
harm to the child if left in the home without the support of child welfare
services?
4) Is there clear
evidence that the family needs child welfare services to keep the family
together or to help them through a crisis which threatens family
stability?
5) Is it probable that
the provision of Department services will alleviate the conditions or change
the conduct which has led to harm or threatened harm to the child?
