Administrative Rules of Montana
Department 37 - PUBLIC HEALTH AND HUMAN SERVICES
Chapter 37.93 - LICENSURE OF CHILD PLACING AGENCIES
Subchapter 37.93.7 - Placement Services
Rule 37.93.705 - CHILD PLACING AGENCY: THE PLACEMENT PROCESS
Universal Citation: MT Admin Rules 37.93.705
Current through Register Vol. 18, September 20, 2024
In addition to an agency's responsibility to study and supervise the ongoing operation of its licensed agency youth foster homes, the agency shall comply with the following requirements applicable to the placement process:
(1) Intake procedures and practices.
(a) The intake study shall be
written and shall include:
(i) the
identification of the specific needs of the child and family which warrant
consideration of removal and placement of the child;
(ii) the family's strengths;
(iii) the involvement of the child's
parent(s) and significant others in his/her care;
(iv) the available resources;
(v) the stated goals for the
family;
(vi) available social and
medical history of the child and all family members; and
(vii) the child's legal status, including
parental agreement/court order.
(b) The agency shall keep a record of all
requests for services, placements and the reasons for acceptance and denial of
services.
(2) Case plan.
(a) The agency shall develop a written case
plan upon completion of the intake study and prior to placement. In cases of
emergency placements, the assessment and case plan shall be initiated within 1
week and completed within 6 weeks of placement. The plan shall include, but not
be limited to, the following:
(i)
documentation of whether available social services to preserve and strengthen
the family unit have been provided to the family and child and that all
alternatives to placement and their consequences have been explored with
them;
(ii) the reasons for the
selection of the type of care and how it meets the child's and family's
needs;
(iii) projected duration of
care;
(iv) preplacement activities
with child and family;
(v) specific
initial case goals for the child and family;
(vi) specific steps to accomplish
goals;
(vii) specific time schedule
for goals;
(viii) designation of
responsibility for carrying out steps with the child, parent(s), foster
parent(s), adoptive parent(s), and the court (when involved), including
frequency of contacts;
(ix)
visiting plans between the child, parent(s), and siblings, if
appropriate;
(x) date of first
review of progress; and
(xi)
description of the conditions under which the child shall be returned home or
when termination of parental rights should be initiated.
(b) The agency shall include the parent(s),
other significant persons, and the child (when appropriate to age and
understanding) in the development of placement and case plans.
(c) The agency, prior to accepting a child
for placement, shall secure from parent(s), guardian(s), or court, written
authority to place the child and to obtain medical care.
(d) The agency shall help the parent(s) to
understand the legal rights and obligations that they retain and those
delegated to the agency by the court.
(3) Supervision and review of the case plan.
(a) The agency shall complete a review of the
case plan at least every 6 months indicating progress toward goal achievement
and changes made in the service plan.
(b) The agency shall include in the review an
assessment of the child in care, the progress of the growth and development of
the child, the relationships between the child and care givers, and the
problems which may have occurred.
(c) The case review shall utilize either
administrative staff or outside agency personnel to ascertain whether children
are being served in a prompt, effective manner and the progress on permanent
plans for each child.
(4) In the case of a temporary placement of a child prior to placement with the potential adoptive parents which will not exceed 7 consecutive days in duration, the requirements of (1) and (2) of this rule shall be waived. A study incorporating the applicable requirements of (1) and (2) shall be written within 7 days of termination of the temporary interim placement.
(5) Placement services to families and children.
(a) Services to
biological parent(s) :
(i) The agency shall
make services accessible and available to parent(s) requesting them.
(ii) The agency shall help the family gain
access to the services necessary to preserve and strengthen the family and to
accomplish the case plan goals. While the child is in care, the agency shall
assist parent(s) with the problems and needs that brought about the need for
placement.
(iii) The agency shall
make counseling available to expectant parent(s) considering placement before
the child is born and immediately thereafter.
(iv) The agency shall encourage contacts
between parent(s) and children after placement, in accordance with the case
plan.
(v) The agency shall have a
signed agreement with the parent(s) of the child in care which includes, but is
not limited to, the expectations and responsibilities of the agency and the
parent(s) for carrying out the steps to meet the case plan goals, the financial
arrangements for the child in care, and visiting plans.
(b) Selection of care:
(i) The agency shall select the most
appropriate form of care for the child consistent with the child's and family's
needs for foster care or adoption.
(ii) In choosing such care, the agency shall
provide for any specialized services the child may need and shall make every
effort when placing to select the least restrictive and most appropriate
setting closest to the child's home.
(iii) The agency shall involve the child's
parent(s) in the selection of care to the maximum extent possible.
(iv) The agency shall only place the
child(ren) in a licensed youth care facility.
(c) Preplacement preparation:
(i) The agency social worker for the child
shall become acquainted with the child and biological family prior to
placement, except when a child is placed on an emergency basis.
(ii) The agency social worker shall help the
child understand the reasons for placement and prepare him/her for the new
environment. The caseworker shall plan and participate in at least one
preplacement visit (except when placing under emergency conditions) and shall
be available for supportive services to the child, the birth parent(s), and the
foster parent(s).
(iii) The agency
shall obtain and record a developmental history for each child.
(d) Services during care:
(i) The agency shall supervise care of the
child and shall coordinate the planning and services for the child and family
as stated in the case plan.
(ii)
The agency worker shall see a child as often as necessary to carry out the case
plan. For children in foster homes, there shall be no less than two visits per
month during the first 3 months of care and monthly visits thereafter. For
children in youth group homes or child care agencies, there shall be no less
than two visits during the first month of care and quarterly
thereafter.
(iii) The agency worker
or, by written agreement, the residential group care worker shall meet with the
parent(s) and child together on a regular basis to assess and work on the
following:
(A) progress in resolving problems
which precipitated placement;
(B)
parent and child relationship difficulties;
(C) adjustment to separation; and
(D) achievement of case plan goals.
(iv) The agency shall refer the
parent(s) to other agencies in the community providing appropriate services
when they require services which the agency does not offer. The agency shall
maintain communication with the agency providing service when a cooperative
effort has been arranged.
(v) The
agency shall make provisions for specialized services and health care services
as stated in the case plan.
(vi)
The agency shall be available to give foster parent(s) assistance,
consultation, and emotional support with situations and problems encountered in
fostering children.
(e)
Aftercare services:
(i) The agency shall make
continuing supportive services available for children and families for at least
6 months following an adoption or a child's return to his/her family in order
to strengthen and support new or renewed family functioning.
(ii) The agency shall offer supportive help
and referral services to parent(s) who decide not to place their child after
receiving agency services.
(f) Interstate placements. The agency shall
send written notice to the administrator of the interstate compact on placement
of children whenever an agency plans to place a child in another state or
receives for placement a child from another state and shall comply with the
requirements of
41-4-101,
et seq., MCA, in making or receiving an interstate placement.
(6) If the parents' rights have been legally terminated or the whereabouts of the child's parents is unknown or the child has no parents or guardians in the United States, the requirements set forth in this rule regarding the involvement of parents in the placement process do not apply.
Sec. 53-4-111 and 53-4-403, MCA; IMP, Sec. 53-4-113 and 53-4-403, MCA;
Disclaimer: These regulations may not be the most recent version. Montana 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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
