Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This proposed amendment establishes the
governing provisions for foster care case management contracts in light of the
amendments to section
210.112,
RSMo, enacted into law by House Bill 1414 (2020).
PURPOSE: This rule establishes the governing
provisions for foster care case management contracts to provide a comprehensive
system of service delivery for children and their families as set forth in
section
210.112,
RSMo.
(1) This rule shall
apply to the foster care case management contracts for the provision of case
management services for youth placed in the custody or under the supervision of
the Children's Division (CD) as provided in section
210.112,
RSMo, as well as govern the work of contractors and their subcontractors,
officers, agents, and employees pursuant to those contracts. This regulation
shall apply to any subcontractors of the contractor which provide foster care
case management services. The safety and welfare of the children served under
these contracts shall be the paramount consideration in all matters pertaining
to these contracts.
(2) When
providing case management services pursuant to the foster care case management
contract with the Children's Division, the contractor shall fully implement and
comply with all requirements of federal and state law which apply to permanency
planning and shall fully implement and comply with all written policies of the
Children's Division which do not conflict with those federal and state laws.
This includes, but is not limited to, all regulations promulgated by the
Children's Division. The Children's Division, in collaboration with the
contractors, shall develop a mechanism for contractors to pro-vide input and
feedback regarding pending Children's Division policy prior to implementation
when such policy could have financial or programmatic impact on the contractor.
Policy of the Children's Division, laws, and regulations shall supersede any
policy of the contractor when they conflict.
(3) Contractors shall provide a range of
child welfare services including case management services for children in
out-of-home placements, family-centered services for parents and legal
guardians from whose care the child was removed, and community resource
development. Family-centered services shall be defined as the family-focused
intervention method utilized by the Children's Division when working with
families to assist them in identifying their strengths and needs and to develop
a family plan for change.
(A) Case management
services shall include assessments, case planning, placement services, service
planning, permanency planning, and concurrent planning. The contractor shall
have ongoing contact with the child; the child's out-of-home care provider; the
parents or the guardian of the child in care, if parental/guardianship rights
have not been terminated; the children remaining in the home; the court; and
the members of the child's Family Support Team as defined in the Children's
Division's written policies. The contractor must provide case management
services that respect the culture, ethnicity, and religious practices of the
children and that of his/her family. The contractor shall document all case
management services provided in the case record as well as in the automated
case management system within the timeframes outlined in the contract and in
the policies of the Children's Division.
1.
Assessments shall be defined as the consideration of all social, psychological,
medical, educational, and other factors to determine diagnostic data to be used
as a basis for the case plan.
2.
Case planning is a process of negotiation between the family case manager, the
parent(s) or guardian(s) from whom the child was removed, and the juvenile
officer, which describes the services and activities necessary for the purpose
of achieving a permanent familial relationship for the child. The case plan
shall include the permanency plan as defined in paragraph (3)(A)5. below, the
concurrent plan as defined in paragraph (3)(A)6. below, the service plan as
defined in paragraph (3)(A)4. below, the timeframes in which services will be
delivered, and the timeframes for obtaining reports from service providers,
when applicable.
A. Contractors shall develop
a case plan no later than thirty (30) days after referral of the child's case
to the contractor by the Children's Division. The contractor shall submit case
plans to the court in accordance with local court procedures.
B. The case plan shall be developed in
accordance with the written policies of the Children's Division and applicable
federal and state law. In the event that the policies of the Children's
Division conflict with applicable federal and state law, federal and state law
shall prevail.
C. The contractor's
case manager shall give careful consideration to the unique needs of each child
and family when developing the case plan.
D. As necessary to effectuate the best
interests of the subject child, the case plan may be amended from
time-to-time.
3.
Placement services is the selection of, and placement with, the most
appropriate resource for children in out-of-home care based on the assessment
of the child's unique needs and personality and the out-of-home care provider's
capacity and skills in meeting those needs.
A.
The contractor's case manager must utilize the least restrictive out-of-home
placement for a child.
(I) The best interests
of the child in care shall govern all placement decisions. When the placement
would not be contrary to the best interest of the child, the contractor must
give relatives of the child in care preference and first consideration to serve
as the child's out-of-home care provider. As required by applicable federal and
state law, the contractor must conduct an immediate search to locate, contact,
and, where appropriate, place the child in care with his/her grandparent(s).
Therefore, grandparents of the child in care shall be given first consideration
for placement before other relatives of the child in care are considered.
Whenever the contractor decides that relative placement is contrary to the best
interests of the child, the contractor shall document the reasons for this
decision in the case plan.
(II)
Placements in residential treatment shall be based on an individualized,
independent assessment of each child's needs in the manner required by law,
regulation, and CD policy. Such placements shall be considered for children in
care who need structured and therapeutic intervention. Placement in a
residential treatment facility must be of a limited duration and treatment
during this time must be focused on enabling the child in care to transition to
family and/or community-based care as soon as possible. The contractor shall
prioritize methods of reducing or eliminating a child's need for residential
treatment through community-based services and supports.
(III) In coordination with the child in
care's Family Support Team, the contractor shall periodically reassess the
placement of the child to determine whether the placement is consistent with
the child's permanency plan and is meeting the child's needs.
(IV) As required by the written policies of
the Children's Division, the contractor shall convene Family Support Team
meetings to discuss any change in placement.
B. The contractor shall exercise reasonable
and continuing efforts to preserve, foster, and encourage the relationships
between siblings of children under case management with the contractor unless
it is contrary to the safety or welfare of one (1) or more of the siblings to
do so.
(I) Whenever reasonably possible, the
contractor shall place a child in out-of-home care with any siblings who are
also removed from their home. The contractor shall make reasonable efforts to
place siblings in the same placement unless doing so would be contrary to the
safety or welfare of any of the siblings.
(II) The contractor must make arrangements
for regular, frequent, and continuing visitation between siblings who are not
in the same placement unless it is contrary to the safety or welfare of one (1)
or more of the siblings to do so.
(III) Unless it is contrary to the safety or
welfare of one (1) or more of the siblings to do so, the contractor shall
reunite siblings at the earliest time possible when circumstances change and
different caregivers are no longer required.
(IV) The contractor shall document in the
case file its efforts to place siblings in the same home and, if not placed in
the same home, its efforts to maintain the sibling relationship. If the
contractor determines that placement of siblings in the same placement or
visitation between the siblings is contrary to the safety or welfare of the
siblings, the contractor shall document the reasons therefore in the case
file.
C. When an
appropriate placement is available and it is in the best interests of the child
to do so, placements of children in care shall be made in the child's home
community.
D. Unless otherwise
ordered or authorized by the court, placement of children in care shall be with
a licensed out-of-home care provider.
E. The contractor's case manager shall not
place a child in a home in which any person residing in the home has been found
guilty of, or pled guilty to, any crimes identified in section
210.117,
RSMo.
4. Service planning
is the provision of any services indicated and identified as needed through an
assessment and case plan, or ordered by the juvenile court.
5. Permanency planning is determining the
permanent plan which best meets the needs of the child in care and which
complies with the applicable requirements of federal law. Contractors shall
provide ninety (90) calendar days of services to the child and family after a
child is reunified with their parent(s) to assure a continued successful
outcome as defined in the contract. Contractors shall provide ninety (90)
calendar days of services to the child and family after a child is reunified
with their legal guardian(s), from whom they were removed, to assure a
continued successful outcome as defined in the contract. The permanency plan
shall consider-
A. The child's need for a
continuing relationship with his/her parent(s) or legal guardian(s) prior to
the child's removal from the home;
B. The ability and willingness of the child's
parent(s) or legal guardian(s) to actively perform their functions as the
child's caregiver with regards to the needs of the child;
C. The interaction and interrelationship of a
child with the child's parent(s) or legal guardian(s) from whom they were
removed, the child's out-of-home care provider, siblings, and any other person
who may have a significant impact upon the child's best interest;
D. The child's adjustment to his/her
out-of-home placement, school, and community;
E. The mental and physical health of all
individuals involved, including any history of abuse of or by any individuals
involved; and
F. Any other
information and factors that may be relevant to the care, safety, and welfare
of each child.
6. A
permanency plan shall include an individualized primary permanency plan and a
concurrent permanency plan for each child. Concurrent permanency planning is a
process of pursuing a primary permanency goal for a child in care, such as
reunification, while simultaneously establishing and implementing an
alternative permanency plan for that child. The contractor shall make active,
reasonable efforts to finalize the primary and concurrent permanency plan and
shall document those efforts in the case file. The permanency plan shall be
developed at the earliest possible opportunity and in no case later than thirty
(30) days after case referral. The plan shall be submitted to the court in the
manner prescribed by law or as otherwise ordered by the court. As required by
Children's Division written policies, the permanency plan shall be periodically
reviewed and, where appropriate, may be modified if modification is in the best
interests of the child as recommended by the child's Family Support Team or as
ordered by the court.
(B)
Community resource development is the recruitment, assessment, training,
maintenance, and retention of out-of-home care providers. It shall also include
the development of those services which shall best meet the needs of the child
and family.
1. The contractor shall conduct
community resource development activities to obtain appropriate out-of-home
resource providers to enable the contractor to perform its duties under the
contract.
2. Unless such policies
conflict with applicable state law, the contractor shall ensure background
investigations are conducted on all out-of-home care providers as required by
law, regulation, and the written policies of the Children's Division.
3. The contractor shall utilize a training
curriculum which meets or exceeds the resource development standards set forth
in the written policies of the Children's Division. The contractor shall obtain
approval from the Children's Division designee prior to finalizing the
curriculum and content for the training sessions.
(C) The contractor may directly provide or
contract for the services required by this rule in accordance with the proposal
submitted in response to the Request for Proposal or Invitation for Bid for the
contract awarded for such services. However, any subcontractors employed by the
contractor must comply with all requirements of this
regulation.
(4) The
contractor shall ensure that all children under the age of ten (10) years old
referred to the contractor receive a Healthy Children and Youth assessment
within thirty (30) days of entering care, as often as necessary for the
provision of follow-up care and treatment, and at least annually thereafter.
Such assessments will be utilized to determine treatment services which will
meet the child's psychological and social needs. When the assessment indicates
intensive twenty-four- (24-) hour treatment services, appropriate services will
be provided. A written report of the assessments and documentation that the
prescribed treatment has been timely provided to the child (or good cause why
the treatment was delayed or not provided) shall be documented and maintained
in the case file.
(5) The
contractor shall deliver all services through qualified professionals who have
substantial, current and relevant training, education, and experience and who
are competent to deliver case management services. The contractor's personnel
must meet or exceed all of the applicable accreditation, licensing and/or
certification requirements of their profession set by the state of Missouri, if
such licensure or certification is required by their profession for the
performance of their specific job function. The contractor's personnel must
meet the education and experience expectations outlined in the most current
child placing rules set forth at
13 CSR
40-73.035.
(A) The
contractor shall maintain a personnel file for each employee which shall be
accessible to the Children's Division upon request for the purpose of verifying
compliance with this regulation and the requirements of its contract with the
Children's Division. At a minimum, the file must include complete and current
criminal record checks, background investigations, resumes, degrees or
diplomas, date of employment, training records, performance appraisals,
commendations, disciplinary actions, and other related actions. Background
checks, including finger print based criminal background checks, shall be
periodically updated as requested by the Children's Division or otherwise
required by law. Contractors shall immediately notify the Children's Division
of any act or occurrence which may impact their employee's ability,
qualifications, or certification to provide services under the
contract.
(6) The
contractors shall deliver all services through professionals who have
substantial and relevant training.
The contractor's personnel providing case management
services or direct supervision of case management services must successfully
complete the same training curriculum as the Children's Division's personnel
which provide case management services or direct supervision of case management
services. This applies to both pre-service and in-service training as required
by the Children's Division. Contractors may provide or require additional
training as they deem appropriate, provided that the additional training is
consistent with the Children's Division's regulations, policies, and
procedures. Contractor's personnel attending Children's Division pre-service
training will be scheduled for the first available session with
openings.
(A) The contractor's
personnel who recruit, train, and assess foster parents serving children with
elevated needs, or who provide ongoing support to such foster parents, must
successfully complete specific training which is designed for the elevated
needs program. Elevated needs shall be defined as provided in
13 CSR
35-60.070. Training for elevated needs providers must
be provided by the Children's Division or by the contractor's staff utilizing
curriculum which has been previously approved by the Children's
Division.
(B) The contractor's
personnel who train staff who are tasked to recruit, train, and assess foster
parents serving children with elevated needs must successfully complete a
Train-the-Trainer session provided by the Children's Division or by another
entity approved to provide such training by the Children's
Division.
(7) The
contractor must submit all required information to the family care safety
registry on behalf of all professional personnel assigned to provide services
under the contract prior to such personnel providing service to children in
care. Such information shall be updated on an annual basis thereafter. Any
personnel who reside in another state and work in the state of Missouri, or who
have relocated to the state of Missouri within the last five (5) years, shall
provide documentation of background screening(s) from their state of origin to
include, but not limited to, child abuse/neglect and criminal background
screening check(s), prior to such personnel providing service. If the employee
continues to reside in another state while performing case management services
for the contractor, the out-of-state check shall be done annually. The
contractor's professional personnel assigned to the contract must have
background investigations, including fingerprint based criminal background
checks, submitted to the Children's Division via a form provided by the
Children's Division prior to such professional personnel providing services
under the contract.
(A) The form shall be
submitted no later than fifteen (15) calendar days after the effective date of
the contract for all professional personnel.
(B) The form shall be submitted for each new
or anticipated professional personnel assigned to provide services under the
con-tract prior to such personnel providing services.
(C) When child abuse/neglect or criminal
activity is discovered through the background investigation of any professional
personnel assigned to provide services under the contract, the contractor must
review the information to determine the relevance of such finding to the
provision of case management services.
1. The
contractor shall not allow individuals to perform case management duties when
his/her background investigation reveals that he/she has been found guilty,
pled guilty, or has been convicted of-
A. A
felony conviction for child abuse or neglect or spousal abuse;
B. A felony or misdemeanor conviction for any
crime in which a child was a victim or a crime against children, to include,
but not limited to, any offense involving child pornography;
C. Any crime involving violence and/or sexual
offenses, including, but not limited to, rape, domestic violence, domestic
assault, armed criminal action, sexual assault, or homicide;
D. Failure to report suspected child abuse to
the child abuse and neglect hotline as required by section
210.115,
RSMo;
E. A felony conviction for
physical assault, battery, or a drug-related offense within the past five (5)
years; or
F. Any other crime listed
in section
210.117,
RSMo.
2. The contractor
must submit a written request to the Children's Division designee when the
contractor desires to hire an individual with a history of child abuse/neglect
or criminal activity which does not meet the criteria identified in paragraph
(7)(C)1. above. The Children's Division designee shall review the request and
provide a written response indicating if the individual may provide case
management services.
A. The contractor or the
individual or both may request an administrative review no later than thirty
(30) days from the date of Children's Division decision if they dispute such
decision. If the Children's Division does not receive a timely request for
administrative review the Children's Division's decision shall be
final.
B. The request for an
administrative review shall be in writing and generally set out the reasons for
the request.
C. The Children's
Division shall schedule an administrative review within five (5) business days
of receipt of the request. The administrative review shall take place before
the Children's Division designee. The Children's Division shall notify the
contractor and/or the individual of the date and time of the review. The review
may be continued at the request of the contractor or the individual, but the
employment exclusion shall remain in effect pending the administrative
review.
D. The review shall be
informal, the rules of evidence shall not apply, and both the contractor and
the Children's Division may submit any information relevant to the appealed
decision. The purpose of the review will be to determine the potential
employee's suitability for employment under the contract.
(I) The contractor's personnel application
must include an authorization for the Children's Division to release
information which directly relates the employee's suitability for employment
under the contract.
(II) Upon
completion of the administrative hearing, the Children's Division designee will
submit a recommendation to the director of the Children's Division. The
director may affirm or reverse the initial decision. Such decision shall be
final.
(D) The contractor must submit a written
request to the Children's Division designee when the contractor desires to hire
a current or former child welfare employee of the Children's Division. The
Children's Division will review the request and provide a written response
indicating if the individual may pro-vide the case management services. The
administrative review process described in paragraph (8)(C)2. above shall be
utilized when the contractor disputes the decision.
1. The administrative review process
described in paragraph (8)(C)2. above shall not apply when the contractor does
not have a signed, written authorization for the Children's Division to release
information to the contractor.
(E) The contractor's personnel may be
dismissed at the discretion of the contractor. However, an employee of the
contractor shall be dismissed if required pursuant to section
207.085,
RSMo.
(F) Except for employment and
workers' compensation matters, the contractor must disclose any relevant
litigation within the past five (5) years involving the contractor, the
contractor's employees, officers, agents, and/or subcontractors within five (5)
business days from the date the contractor receives a demand or is served with
process, whichever takes place first. Individuals and entities who submit a
response to an Request for Proposals (RFP) or Invitation for Bid (IFB) shall
also disclose this information during the procurement process. The contractor
shall disclose the names of the parties (initials may be used in lieu of party
name for minors); the Court and case number in which the case was filed; and a
brief description of the claims or criminal charges brought. The contractor
shall include a copy of the complaint or petition if requested by the
Department of Social Services or the division.
1. Relevant litigation under this agreement
is defined as any civil claims, judgments, or out-of-court settlements and/or
criminal charges which are pending or have been disposed of by a finding or
plea of guilt, an Alford plea, or a plea of nolo contendere regarding the
following:
A. Allegations of child abuse or
neglect;
B. Personal injury to a
client;
C. Violent acts, including
but not limited to, domestic violence and other crimes against
persons;
D. Acts against the
family, which include, but are not limited to Orders of Protection, and
criminal charges denominated as offenses against the family;
E. Fraud and/or misrepresentation;
F. Sexual offenses, including pornography,
and any registration on a sexual offender registry;
G. Weapons offenses;
H. Controlled substance offenses;
or
I. Any other claims or charges
which relate to the delivery of foster care case management services to
children.
2. The
contractor must also disclose any pending investigation or assessment or
"substantiated finding" of any contractor's employee, officer, agent, and/or
subcontractor within five (5) business days from the date of
notification.
3. Substantiated
finding is defined as a court adjudication, or determination by the state
agency or any court of a probable cause and/or preponderance of the evidence
finding, or substantially similar findings in this state or any
other.
4. Failure of the contractor
to disclose relevant litigation, pending investigations, assessment, or
"substantiated finding" as specified herein, shall be considered a breach of
the contract and subject to appropriate and available remedies by the State of
Missouri.
5. The Children's
Division may share information about any disclosed litigation, pending
investigations, assessments, or "substantiated findings" with all state and
federal agencies, law enforcement agencies, state and federal auditors,
children and families, Family Support Team (FST), and any courts, in the sole
discretion of the Children's Division on a need to know basis as determined by
the state agency and consistent with applicable state law.
(8) Contractors shall have a
proven record of providing quality child welfare services within the state of
Missouri.
(A) Contracts shall be awarded
through a competitive bid process to-
1.
Children's services providers and agencies contracted with the state of
Missouri on or before July 1, 2005, to provide a comprehensive system of
service delivery for children and their families; or
2. Public and private not-for-profit or
limited liability corporations owned exclusively by not-for-profit children's
services providers and agencies with a proven record of providing child welfare
services within the state of Missouri.
(B) The contractor and/or contractor's
sub-contractors performing case management and resource development services
must be licensed as a child placing agency by the state of Missouri
(C) The contractor's case management program
must be accredited by one (1) or more of the following national accrediting
bodies: the Council on Accreditation (COA); the Joint Commission; or the
Commission on Accreditation of Rehabilitation Facilities. The Children's
Division will accept proof of accreditation in good standing as prima facie
evidence of completion of the requirements for licensure under sections
210.481 to
210.511,
RSMo, only as provided in 13 CSR 35-35.140.
(D) The contractor must have personnel
available to the Children's Division, out-of-home care providers, juvenile
court personnel, guardians ad items, and children in out-of-home care
twenty-four (24) hours a day, seven (7) days a week.
1. The contractor's case manager must provide
services after normal working hours and on weekends as necessary.
(E) A case manager's case load may
not exceed COA standards.
(F) The
contractor's supervisor-to-workerratio may not exceed COA
standards.
(9) Children's
Division shall award contracts through a competitive bid process, subject to
appropriation.
(10) Subject to
appropriation, the Children's Division shall continue to offer contracts in
areas of the state where eligible providers are capable of providing a broad
range of services. Subject to appropriation, the Children's Division may
consider expansion of the contracts to areas of the state where Children's
Division's staff caseloads exceed COA standards.
(11) The contract may not result in the loss
of federal funding. The contractor shall therefore comply with and implement
the requirements of all relevant federal and state laws, regulations, and
policies including, but not limited to, those listed below which pertain to the
child under case management by the contractor. In the event of a discrepancy
between the policies of the Children's Division and federal or state law, the
contractor shall comply with the federal or state law-
(A) Missouri rules and regulations governing
child placing agencies;
(B)
Missouri laws pertaining to the services described in the contract;
(C) The rules of procedure for the juvenile
courts;
(D) Any court order
pertaining to an assigned case;
(E)
Interstate Compact on the Placement of Children/Juveniles;
(F) The Indian Child Welfare Act;
(G) Multi-Ethnic Placement Act of
1994;
(H) Children's Division
written policies pertaining to the services described in the
contract;
(I) Children's Division
policy directives to provide services through best child welfare
practices;
(J) Children's Division
Federal Program Improvement Plan;
(K) Federal laws, rules, and regulations
including, but not limited to, Title IV-E of the Social Security Act, as
amended, and the Health Insurance Portability and Accountability Act, as
amended;
(L) All federal and state
laws and all policies and resolutions of the Missouri Department of Social
Services regarding disclosure of confidential information and statements to the
public and news media about any case assigned under the terms of the contract.
1. The contractor's policies and procedures
shall be open to the public upon request.
2. The contractor is not prohibited from
making public statements about the contractor, general policies and procedures
of the contractor, and other issues of public importance not otherwise
prohibited by law, regulation, or policy; and
(M) Local initiatives pertaining to services
which a case manager provides to children in out-of-home placements and their
families which have been approved by the Children's Division state
office.
(12) All
contracts and contractors shall be subject to oversight and inspection by the
Missouri Department of Social Services and/or the Children's Division to assure
compliance with standards which shall be consistent with applicable federal
standards, but not less than the standards and policies utilized by the
Children's Division. The contractor shall allow reasonable and timely site
visits by the Missouri Department of Social Services and/or the Children's
Division.
(A) The contractor shall maintain
adequate, legible, genuine, current, and complete records of services rendered
under the terms of the contract which are not part of the child's record for a
period of five (5) calendar years following the expiration of the contract.
This shall include, but is not limited to, resource records, expenditures,
invoices, and other documentation pertaining to payments made under the terms
of the contract.
(B) Adequate and
complete documentation shall mean the contractor's records are such that an
orderly examination by a reasonable person is possible and can be conducted
with-out the use of information extrinsic to the records and that such an
examination can readily determine the contractor's reported services were, in
fact, provided; to whom the services were provided; and the extent and duration
of such services. At a minimum, the required records shall consist of service
authorization forms and copies of invoices submitted to the Children's Division
for payment.
(C) The contractor's
failure to maintain adequate, legible, genuine, current, and complete records
of services rendered under the terms of the contract for a period of five (5)
calendar years shall be deemed a material breach of the contract and the
contractor shall repay to the Children's Division all amounts received for any
services which are not adequately verified and fully documented by the
contractor's records.
(D) The
contractor shall indemnify and hold harmless the state of Missouri, the
Missouri Department of Social Services and its agents, officers, and employees
from any and all liability, loss, damages, or expenses which the Missouri
Department of Social Services, the Children's Division, or the state of
Missouri may sustain, incur, or be required to pay by reason of any person's
injury, death, property loss, or damage sustained and/or suffered because of
any act or omission by the contractor, its employees, or subcontractors that
results from violation of a law, regulation, or policy of the Missouri
Department of Social Services or the Children's Division. This includes, but is
not limited to, court costs and attorney fees incurred by or charged to the
Missouri Department of Social Services or the Children's Division as the result
of such act or omission by the contractor, its officers, employees, agents,
representatives, or subcontractors.
(E) In the event the court finds the
contractor liable for sanctions or otherwise holds the contractor in contempt
as a result of the contractor's violation of any law, rule, court order, or
procedure or policy of Missouri Department of Social Services or the Children's
Division, the contractor shall be solely responsible for the payment of any
fines, penalties, or sanctions, including attorney fees and costs, that arise
under any such action. Additionally, the contractor shall save, indemnify, and
hold the state of Missouri harmless, including its agencies, employees, and
assigns, from every expense, liability, or payment arising out of such
sanction, fine, or penalty assessed against the contractor or against the
Missouri Department of Social Services, the Children's Division, or the
department's Division of Legal Services as a result of the actions of the
contractor, including court costs, attorney fees, and litigation
expenses.
(13) The
Children's Division shall monitor and evaluate con-tractors based on objective,
consistent, and performance-based criteria as provided in both
13 CSR
35-35.100 and the contract. In the event of a conflict
between 13
CSR 35-35.100 and the contract, the regulation shall
prevail over the contract.
(A) A percentage
of children under the jurisdiction of the juvenile court and in the care of the
contractor must achieve permanency within a twelve (12)-month period
asspecified in the contract. For purposes of this section, permanency shall be
defined as reunification with the child's parent(s), reunification with the
child's guardian(s), a finalized adoption, or the establishment of a legal
guardianship for the child.
(B) A
percentage of children under the jurisdiction of the juvenile court and in the
care of the contractor must not have substantiated child abuse/neglect reports
with the out-of-home care provider listed as the perpetrator within a twelve
(12)-month period as specified in the contract.
(C) A percentage of children under the
jurisdiction of the juvenile court and in thecare of the contractor must not
reenter Children's Division custody or supervision within twelve (12) months of
their previous exit from such custody or within twelve (12)months of the date
of reunification as specified in the contract.
(D) Children in the custody of, or under the
supervision of, the Children's Division and whose cases are being managed by
the contractor must receive comprehensive and quality services as measured by
the evaluation tool set forth in
13 CSR
35-35.100.
(14) The contractor shall participate and
cooperate with any program evaluation and improvement plan, including on-going
recordkeeping, evaluation, and reporting in accordance with the program
evaluation design, and preparation for, and participation in, the federal Child
and Family Service Review, or any other performance initiative required of, or
by, the Children's Division. Any program evaluation will include the same out
come measures for the contractors and the Children's Division within a
specified region.
(15) If the
contractor does not comply with its obligations under this regulation, or
breaches its contract with the Children's Division, or the Children's Division
has reasonable cause to suspect that any child or children's safety or welfare
may be at risk the Children's Division shall have the discretion to halt new
referrals of cases to the contractor, transfer cases to other performing
providers, terminate the contract, and seek any remedies which may be available
in law and equity for breach of contract. The Children's Division may take
immediate action as the Children's Division in its discretion may deem be
necessary to ensure the safety, welfare, and best interests of children served
by the contractor. If the Children's Division determines that the contractor
has failed to meet the outcome measures specified in the contract, the
Children's Division may reduce the contractor's caseload or cancel the contract
in its entirety. The contractor shall be allowed an opportunity to review the
outcomes prior to the development of the final outcomes report. The contractor
shall be responsible for any updates in the automated case management system
which are necessary to correct the outcomes. The Children's Division shall
correct any programming errors identified by the contractor.
(16) In addition to those measures authorized
in section (15) above, if the contractor does not meet the performance and/or
outcome goals specified in the contract and in
13 CSR
35-35.100, or otherwise fails to comply with this
regulation, any other laws or regulations, or the contract, the Children's
Division may elect to require the contractor to implement a corrective action
plan to remedy any deficiencies in performance. Failure of the contractor to
take action as indicated in the practice improvement plan within ninety (90)
calendar days, or the number of days specified in the practice improvement
plan, shall be considered a breach of contract. Thereafter, the Children's
Division may terminate the contract or pursue any other remedies in law or
equity available to the Children's Division. The written corrective action plan
shall address-
(A) Reasons why the goal was
not achieved;
(B) Steps taken to
meet the goal;
(C) Individual(s)
responsible for necessary action; and
(D) Timeframe for meeting the defined
goal.
(17) All
contractors, whether accredited, licensed or not, shall fully comply with the
information sharing requirements set forth in 13 CSR 35-35.140(5).
