Current through Register Vol. 35, No. 18, September 24, 2024
When a child cannot safely remain in their home, PSD shall
pursue legal custody of the child. When the court has determined it is contrary
to the welfare of the child to remain in their home, PSD is awarded legal
custody and the child shall be placed with a licensed resource family to ensure
the child's safety and well-being. The placement of a child into foster care
shall not be delayed or denied on the basis of the race; ethnicity; creed;
color; age; religion; sex or gender; gender identity; gender expression; sexual
orientation; marital status or partnership; familial or parental status;
pregnancy and breastfeeding or nursing; disability; genetic information;
intersex traits; medical condition, including HIV/AIDS; citizenship or
immigration status; national origin; tribal affiliation; ancestry; language;
political affiliation; military or veteran status; status as a survivor of
domestic violence; sexual assault, or stalking; or any other factor unrelated
to suitability to parent.
A.
Entry into foster care: The child is considered to have entered
foster care on the earlier of:
(1) the date of
the first judicial finding that the child has been subjected to child abuse or
neglect; or
(2) the date that is 60
days after the date on which the child is removed from the home.
B.
Relative and relative
notification:
(1) PSD shall give
preference to relatives when making placement decisions. PSD considers fictive
kin for placement if appropriate for best interest placement
consideration.
(2) Within 30 days
of the child's removal, PSD shall exercise due diligence to identify and notify
the following relatives: all adult grandparents, all parents with legal custody
of a sibling of the child, and other adult relatives of a child.
(3) When the court adopts a permanency plan
other than reunification, and the child is not placed with a relative, PSD
shall continue to make reasonable efforts to identify and locate appropriate
and willing relatives to become licensed resource parents.
C.
Placement types: When the
court places a child in the legal custody of PSD, PSD shall be responsible for
placing that child with a licensed resource family, which may include, but is
not limited to:
(1) relative and non-relative
foster care;
(2) treatment foster
care;
(3) a licensed facility such
as residential treatment center, group home, or emergency shelter;
or;
(4) a licensed community
home.
D.
Indian
child placement: PSD shall make active efforts to place an Indian child
in accordance with the placement preferences of the Indian Child Welfare Act
(ICWA.), which may include placement in tribally licensed homes.
E.
Least restrictive environment and
proximity of placement:
(1) Children
are placed in the least restrictive setting consistent with the assessment of
their individual needs.
(2) PSD
shall make efforts to place children in close proximity to their home of
origin; PSD shall document any reason as to why a child cannot be safely placed
in close proximity to their home of origin.
F.
Educational continuity: At
the initial placement and any placement change thereafter, PSD shall develop
plan for transportation for the child to remain in the same education setting
in which the child was enrolled at the time of placement, if reasonable in the
child's best interest.
G.
Level of care assessment: PSD shall determine level of care within
30 days of entry into custody and every six months thereafter at a minimum. In
addition, a determination will be made regarding the appropriateness of
applying for social security insurance (SSI) or the developmentally disabled
(DD) waiver.
H.
Change of
placement:
(1) When a child's placement
is changed, including a return to the child's home, PSD shall provide written
notice to the child's guardian ad litem or attorney, all parties, the child's
CASA, the child's resource parents and the court. This notice is required 10
days prior to the placement change, unless an emergency situation requires
moving the child prior to the notice. When prior notice is not possible,
written notice must be provided to the GAL or attorney, all parties, the CASA,
the resource parents, and the court within three days after the placement
change has occurred.
(2) Written
notice is not required for removal of a child from respite. In respite
situations, PSD shall provide verbal notification of the removal to the child's
guardian ad litem or attorney.
(3)
When a child, through their GAL or attorney, files a motion and requests a
court hearing to contest the placement change, PSD shall not change the child's
placement pending the results of the court hearing, unless an emergency
requires changing the child's placement prior to the hearing.
I.
Sibling
continuity:
(1) PSD shall make
reasonable efforts to place siblings together when possible.
(2) PSD shall document reasons for not
placing siblings together, such as when there are safety concerns or placement
together is not a viable option.
(3) PSD shall facilitate visitation, as
appropriate, between siblings not placed together or siblings who are not
placed in PSD custody, including any adult siblings.
