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A. WHEN PARENTS ARE WILLING TO PROVIDE A SAFE HOME AND DEMONSTRATE THEIR ABILITY TO DO SO
B. WHEN PARENTS ARE UNABLE TO DEMONSTRATE THEIR ABILITY TO PROVIDE A SAFE HOME
C. PREPARING THE CHILD AND THE FAMILY FOR REMOVAL
E. WHEN THE AGENCY RECEIVES LEGAL CUSTODY OR PLACEMENT RESPONSIBILITY
Family Support Services will be completed upon the client’s request, when clients move out of the agency’s jurisdiction, by mutual decision, or by individual determination of the client or the agency. The case may be closed if another agency becomes the primary service provider and assumes case management responsibilities. The agency will communicate in writing with the client within 7 days to inform them that the case has been closed and reasons for that decision.
The agency shall terminate CPS In-Home Services when:
CPS social workers need to be involved with the family only for as long as the child’s safety is at risk. As the social worker works with the family, there should be ongoing examination of the level of safety and risk. When it appears that those levels have been significantly reduced, a CFT should be convened to discuss closure and plan for how the family will sustain the changes they have made. Within 30 days prior to closure of the CPS In-Home Services case there should be supporting documentation, written or verbal, from service providers and or person(s) significant to the case. By engaging service providers and other significant person(s) in a discussion regarding case closure, you are able to communicate the progress you believe the family has made and check-in with others regarding any remaining concerns. This would also be a time to discuss any referrals for wrap-around services. A routine conversation with service providers emphasize SOC, service array, and communicate the message that child welfare is a community issue.
Documentation shall:
The agency shall notify the family in writing that the case is closed for Child Protective Services within 7 days of the agency’s decision to close the case.
While both the social worker and the family will have discussed the eventual outcome as work has progressed, a formal notification to the family that CPS services will be terminated needs to be communicated to the family within 7 days of the agency’s decision to close the case. Verbal acknowledgements of the strengths and accomplishments the family has demonstrated should also be a part of the notification. The CPS In-Home Services social worker should also provide information on services the family may access if the need arises.
During the provision of In-Home Services there may be times when parents are unable to demonstrate their ability to provide a safe home for their children. A discussion should be held with the family regarding placement options for the children. Every effort should be made to allow the family an opportunity to identify “kin” that would be willing and able to accept placement of the children as a safety resource. Please refer to Chapter IV, Section 1201 for a discussion regarding kinship assessments.
Once an appropriate safety resource has been identified, it is vital that a discussion be held with the parents regarding their behaviors that have created risk to their children and what behavior changes are needed to mitigate the risk factors for the children to return to the home. If there is a lack of progress or behavior change that mitigates risk after 3 months, there should be a facilitated Child and Family Team meeting to address the behavior change issues, set deadlines for change and to outline the court process.
If after 6 months there is not documented progress due to behavior change or lack of progress a Child and Family Team meeting should be facilitated that advises the family that court action will be pursued by the filing of a petition and a decision made whether or not custody will be sought. Also a determination must be made regarding the child being able to remain with the safety resource as an out of home placement (licensed or not) or if the child should be placed elsewhere. The parents should also be informed of the agency’s obligation to notify close adult relatives of the child should the child be removed from their custody (Refer to Section 1201 Relative Notification, for more information).
If it is not possible to return the children to the home from which they were removed; the CPS In-Home Services case can not be closed until legal permanence has be obtained for the children. Please refer to Chapter X - The Juvenile Court and Child Welfare or Chapter IV; Section 1201; VI - Permanency Planning for a discussion of permanency options.
The parents shall be appropriately prepared for placement by explaining:
The child shall be prepared to his level of understanding explaining:
Preparing children and parents for placement can be accomplished even when the removal is an emergency. Social workers need to enlist the cooperation of the parent in helping the child understand the need for a new living arrangement. If the parent cannot do this, the social worker must take this role with the child. Even very young children can understand that a change is being made and that the parent cannot care properly for the child at this time.
It is generally helpful if the social worker can provide pictures of the placement resource when the child does not know the resource. This can be done on the way to the foster home and can help the child begin to master the move. The social worker must ensure that the child and the placement provider are seen within the first week of the initial placement and subsequent placements in order to assess the child’s adjustment, or there shall be documentation to reflect diligent efforts. If possible, the child should be seen within 24 hours of the move.
Young children have a different concept of time and they have vivid imaginations. In strange surroundings, they imagine that terrible things have happened to the parent or that they will never see members of the family again. The social worker is the child’s link to his family in the first few hours of the move. For information regarding petitioning for legal custody, please refer Chapter IV; Section 1201 - Child Placement.
The agency shall make reasonable efforts to protect the child in his own home and to prevent placement. If the child must be removed, the removal shall require supervisory approval. For a discussion of reasonable efforts please refer to Chapter X - The Juvenile Court and Child Welfare. Additionally, the agency shall provide notification of the child’s removal to his or her adult relatives (please refer to Chapter IV; Section 1201; VI - Relative Notification for requirements).
Upon filing a petition, a non-secure order should only be requested when a child is at imminent risk. A hearing shall be held within 7 days when a child is removed from home by a non-secure order and may be postponed for no more than 10 business days with the parent's consent. The non-secure order shall give specific sanction for a placement other than a licensed placement provider.
In determining where a child shall be placed, the court needs complete information regarding other family members. The North Carolina Adoption and Safe Families Act includes the following statement: “In placing a juvenile in non-secure custody, the court shall first consider whether a relative of the juvenile is willing and able to provide proper care and supervision of the juvenile in a safe home. If the court finds that the relative is willing and able to provide proper care and supervision in a safe home, then the court shall order placement of the juvenile with the relative unless the court finds that placement with the relative would be contrary to the best interest of the juvenile.” It is clear that DSS staff must assess the willingness and ability of each relative to provide proper care and supervision in a safe home prior to placement.
North Carolina statute defines safe home as “a home in which the child is not at substantial risk of physical or emotional abuse or neglect.” While a complete home study is not required by statute, the assessment must be sufficiently thorough to allow the court to make an informed decision. Again, the Kinship Care Initial Assessment (DSS-5203) and the Kinship Care Comprehensive Assessment (DSS-5204) and the Kinship Care Comprehensive Assessment instructions (DSS-5204ins) will assist the social worker in assessing a possible placement.
In addition to the relative’s willingness and ability to care for the child safely, DSS staff needs to assess the extent to which the placement with a relative is in the best interest of the child. This is a very important decision. The law makes it clear that the judicial process must be directed toward the goal of ensuring “a safe, permanent home for the child within a reasonable period of time”.
The definition of “permanency” originally developed by the Families for Kids initiative is a positive, nurturing relationship with at least one adult that is characterized by mutual commitment and is legally secure. Consequently, county DSS staff should not recommend placement with a relative if it means separating siblings unless placing siblings together is contrary to their developmental, treatment or safety needs. Siblings shall be placed together whenever possible, unless contrary to the child’s developmental, treatment, or safety needs.
Neither should the agency neglect an alternative placement that has greater potential for becoming a safe, permanent home within a reasonable period of time. It is not uncommon that someone not related to the child by blood or marriage has a more positive and nurturing, kinship-type relationship with the child than anyone related by blood or marriage. Older children should be allowed to have an important voice in these types of decisions. If the kinship caregiver wishes to be licensed as a foster parent, the agency is required to determine whether or not the family meets state licensing requirements, thus enabling them to receive foster care assistance payments, Medicaid, and other benefits. Since foster care placement, even with licensed relatives, is not a permanent plan, the kinship care providers should be assessed for their interest and ability to adopt the child or to assume guardianship or legal custody. If the court orders placement of the child with a relative, the agency shall remain involved with both the family providing placement and the birth family until the child’s ongoing safety is assured. If the child is placed in non-relative placement, foster care services begin and CPS In-Home Services are terminated.
When the items in the Family Services Agreement, have not been successful, the social worker must take immediate action to protect the child. Sometimes the action will involve an immediate petition for removal of the child from the home. Sometimes, parents are able to discuss an alternate living situation for the child that will assure his safety. A Child and Family Team meeting must be convened when the social worker and supervisor believe the child cannot be maintained safely in his or her own home under current circumstances. If a child’s immediate safety is threatened, the social worker must ensure the child’s safety first and convene a Child and Family Team meeting as soon as possible (i.e., the next working day). The CFT ensures that the birth parents, foster parents, and all service providers are working cooperatively towards a safe, permanent plan for the child.
When removal from the home is required, the agency shall assess whether any relatives are willing and able to care for the child. The agency shall evaluate if such placement would be in the child’s best interest. A criminal record check must be performed on possible kinship providers. If the social worker has conducted assessments of the relevant family members, the child may be placed with a relative.
It is important to ask if the child is a member of an Indian tribe or is eligible for membership. The Indian Child Welfare Act (ICWA) applies to federally recognized Indian tribes within child custody proceedings. If an Indian child is identified, it remains the responsibility of the county department of social services to complete CPS In-Home Services. Please refer Chapter IV; Section 1201 - Placement Decision Making for direction on how to proceed if placing an Indian child.
When the initial placement is with relatives or other non-licensed persons, documentation shall show that the agency assessed the placement resource before making the placement. If continuing placement is recommended or planned with a non-licensed relative or other non-licensed person, the agency shall conduct a thorough assessment of the placement provider. Assessments shall be documented on the Kinship Care Initial Assessment (DSS-5203) and the Kinship Care Comprehensive Assessment (DSS-5204) and the Kinship Care Comprehensive Assessment (DSS-5204ins).
Whenever children are placed with a relative, the court should sanction this plan. The following may result if court action is not obtained:
An assessment must be conducted prior to placement both to evaluate the relative’s ability and their willingness to provide a temporary and/or permanent placement for the child. An evaluation must be done to determine if the placement is in the child’s best interest.
The placement of children with relatives, even if fully evaluated in advance of the placement, does not relieve the agency of the continuing duty to provide services to the child and his family. It is not appropriate to put the burden for resolving the child’s permanent placement issue on relatives or others with whom the child has resided. If relative placement becomes the permanent plan for the child, DSS must be involved in the resolution of the custody issue prior to case closure.
When the child enters the legal custody or placement responsibility of the agency, CPS In-Home Services are terminated and foster care services begin.
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For questions or clarification on any of the policy contained in these manuals, please contact your local county office.
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