Current through Register Vol. 48, No. 38, September 20, 2024
a) When deciding
whether to recommend to a court that children in placement should be returned
home to their parents' care, the Department or purchase of service agency shall
consider whether the parents have made reasonable progress in correcting the
conditions that led to the removal of their children from the home. Reasonable
progress on the part of the parents may include some or all of the following:
1) they have learned and demonstrated their
ability to assure the health, safety and development of the child;
2) increased capacity to parent and to assure
the child's health and safety as demonstrated by successful parent-child
visits, appropriate involvement in more parental responsibilities (e.g.,
doctor's appointments, parent-teacher conferences, group therapy, involvement
in recreational activities, better financial management, etc.);
3) an ability to care for themselves so that
they can meet the needs of the child;
4) an improvement in parental choices,
decisions and relationships that lead to a safer and healthier environment for
their children;
5) their
participation in the recommended services and demonstration of change, such as
improved parenting, participation in counseling sessions;
6) their acceptance of responsibility for
maltreatment of the child and show of empathy for the impact of the effects of
the maltreatment on the child;
7)
they have learned to ask for and accept help;
8) a better understanding of themselves
resulting in an ability to identify warning signs and ask for help;
9) the presence of an ongoing support network
consisting of other family members, neighborhood or community, church,
etc.;
10) demonstration of a
willingness to develop a service plan that contains a plan for maintaining the
safety of the child at home and an understanding of the merits of the
plan.
b) The Department
or purchase of service agency shall consider the following as examples of a
lack of reasonable progress on the part of the parents to correct the
conditions that led to the removal of their children from the home and as good
reasons to consider alternatives to return home:
1) parent has an ongoing pattern as a
perpetrator of domestic violence and refuses to participate actively in
treatment services or initiates new relationships in which there is violence;
and/or
2) parent continues to
reside with someone dangerous to the child and refuses to separate after having
been advised of the dangers; and/or
3) parent has an ongoing pattern as a victim
of domestic violence and refuses to separate from the batterer or initiates new
relationships in which there is violence and refuses to separate;
and/or
4) parent fails to remedy,
with the assistance of the Department or purchase of service agency and other
community resources, housing or housekeeping standards that are a threat to
health or safety or to seek suggested economic resources when lack of resources
is a major barrier; and/or
5)
parent continually misses visits with children, continually coming late for
visits, or while visiting appears uninterested or is openly rejecting of the
child or abusive or continually upsets children during visitation by verbal
abuse, eliciting guilt, or by making unrealistic promises; and/or
6) parent who is restricted in ability to
parent due to developmental disability has failed to make efforts or is unable
to demonstrate skills necessary to ensure the health and safety of the child;
and/or
7) parent's lifestyle
continues to center around drugs/alcohol and addiction prevents him/her from
parenting; and/or
8) mother gives
birth to a second or subsequent substance exposed infant; and/or
9) parent has other children who have been in
foster care for 12 months or more, attempts to reunite them have been
unsuccessful and conditions have not changed substantially; and/or
10) parent continually misses appointments,
cancels appointments with Department staff or purchase of service agency staff
or staff of other service or treatment providers, or fails to be involved in
the treatment; and/or
11) parent
otherwise fails to fulfill the tasks outlined in the service plan or cooperate
with the provisions of the service plan or meet conditions established by the
court that would, if the parent cooperated, correct the conditions that
threatened the health, safety, and well-being of the children.
c) The Department or purchase of
service agency shall not recommend returning children home if parental concern
for the child is shown only by examples that include but are not limited to:
1) occasional, sporadic visits and
contacts;
2) elaborate or expensive
gifts on holidays or birthdays; or
3) statements of concern for the children
that are not supported by actions consistent with their health, safety and
well-being or by preparations for their return home.