9 CAR § 40-749. Mental health services for children experiencing foster care

(a)(1) The Division of Children and Family Services is dedicated to ensuring that all children experiencing foster care receive a full range of healthcare services including mental health services, assessment, and treatment. (2) All children three to eighteen (3-18) years of age will be referred to a community mental health center (CMHC) within five (5) days of entry into foster care. (3) Children under three (3) years of age will be referred for mental health services if the need is identified by a physician during the initial comprehensive health assessment or by the Division of Children and Family Services, caregiver, resource parent, or other involved party. (b) Urgent (requiring immediate action) or emergent (appearing for the first time) mental health treatment needs, identified by the primary care physician (PCP), during the initial health screening (within twenty-four to seventy-two (24-72) hours of entering foster care), shall be referred immediately by the division to a CMHC. (c)(1) Because mental health issues may appear at any time during foster care, the Division of Children and Family Services will refer a child for mental health services at any time deemed appropriate during the child’s foster care experience, and immediately, whenever a traumatic event takes place in the life of a child experiencing foster care. (2) Mental health services include outpatient treatment, inpatient psychiatric residential treatment, and inpatient acute psychiatric treatment (see 9 CAR § 40-755 for a listing of mental health terms). (d)(1) If a child or their family members are already receiving mental health services upon entry into foster care, the division will promote continuity of care by continuing clinically indicated mental health services. (2) The Division of Children and Family Services should encourage cooperation and coordination among service providers as well as encourage the PCP to refer without delay. (3) While collaboration is essential to promote the best interest of the child, the Division of Children and Family Services retains ultimate family case planning and management responsibility for placement and permanency issues. (4) The Division of Children and Family Services will make every effort to expedite access to appropriate documents from previous treatment as this is critical to obtaining authorization of services from the Division of Medical Services (DMS Medicaid), as well as the quality and timeliness of services. (e)(1) The Division of Children and Family Services values close family participation in decision making. (2) Therefore, when a child’s permanency goal is reunification, the Division of Children and Family Services will ensure that the caregivers are involved in their child’s treatment, unless such involvement is not in the child’s best interest. (3) The mental health provider, in collaboration with the Division of Children and Family Services, will determine if it is appropriate for the family to participate in the child’s treatment. (4) Additionally, the Division of Children and Family Services will seek to fully engage the resource parents in the child’s treatment.