9 CAR § 40-827. Changes in out-of-home placement

(a)(1) The Division of Children and Family Services recognizes that stable placements for children in the Division of Children and Family Services custody result in a lesser amount of trauma to and better long-term outcomes for children who must experience foster care. (2) Family preservation services or formal respite services shall be utilized if necessary to address issues in the out-of-home placement in order to prevent disruption. (3) Notice will be provided as outlined below whenever a child: (A) Has a change in out-of-home placement excluding normal age-appropriate activities; (B) Stays with a resource family support system; or (C) Has informal respite stays. (b) Resource parent request for placement change. (1)(A) When resource parents request a child experiencing foster care be removed from their home, excluding an emergency that places the child or a family member at risk of harm, the resource parents must attend a family team meeting within forty-eight (48) hours of the request to discuss what services or assistance may be needed to stabilize the placement. (B) This family team meeting does not impact other required family team meetings and should only be conducted to help stabilize the placement and planning for the child’s placement. (2)(A) The child experiencing foster care, the child’s attorney ad litem, and a CASA, if appointed to the case, shall be notified so they can attend and participate in the family team meeting and planning for the child’s placement. (B) Other participants may be invited to the family team meeting as appropriate (including but not limited to the child’s therapist or teacher). (3)(A) If the placement cannot be stabilized as a result of the family team meeting, then the resource parents will continue to provide for the child experiencing foster care until an appropriate alternative placement is located, but this shall not be longer than five (5) business days from the day the family team meeting was held. (B) Written notifications of any placement changes will be provided to all required parties as described below. (c) Nonemergency placement changes. (1)(A) Nonemergency placement changes include a planned transfer to another resource home or residential setting that better meets the child’s needs, a trial home placement, and a return to the caregiver when a child exits care. (B) Changes in placement shall be made only after notification to the: (i) Age-appropriate child; (ii) Resource parent; (iii) Court; (iv) Office of Chief Counsel attorney; (v) Attorney ad litem; and (vi) Child’s caregivers. (C)(i) Notices shall be sent in writing two (2) weeks prior to the proposed change. (ii) The notice shall: (a) Specify reasons for the proposed change; (b) Provide to the attorney ad litem the address of the proposed new out-of-home placement; and (c) Provide to the child the name and telephone number of the attorney ad litem. (2) Exceptions to the advance notice requirement will be made if the: (A) Immediate safety of the child would be endangered by delaying a change in placement (including court-ordered placements; see below for information regarding emergency placement changes); or (B) Child is placed in a placement intended to be temporary until a stable placement can be located for the child. (3)(A) The age-appropriate child will be notified of the right to: (i) Appeal the change; and (ii) Request assistance from the attorney ad litem. (B) Preplacement visits shall be conducted when possible before a change in placement. (4)(A) If a placement change is occurring because the child is exiting foster care, then as with all closures of permanency cases, an aftercare plan must be conducted to ensure the continuing safety of the child at case closure. (B) The risk reassessment tool is to be used in determining case closure. (C) An aftercare plan must be created at the family team meeting to close the case. (5)(A) Minimum licensing standards require that a discharge summary (aftercare plan) be completed on each child and a copy given to the child’s caregivers if the Division of Children and Family Services has not been granted termination of parental right by the court. (B) A copy of the aftercare plan must become a part of the child’s case file. (d) Emergency placement changes. (1)(A) Within twenty-four (24) hours of the emergency change in placement, the the Division of Children and Family Services shall notify the caregivers, the Office of Chief Counsel attorney, and the child’s attorney ad litem of the change. (B) Within seventy-two (72) hours of the emergency change in placement, the Division of Children and Family Services shall provide written notice to the Office of Chief Counsel attorney and attorney ad litem with the: (i) Name and address of the new out-of-home placement provider; and (ii) Specific reasons justifying the change of placement without advance notice. (2)(A) If an agent, employee, or contractor of the Division of Children and Family Services fails to comply with the emergency notice of change in placement requirements, then an action for violation of the requirement may be filed by any party to the action against the person who failed to comply with the requirement. (B) The court will determine the assessment of punishment with the most probable punishment being cited as contempt of court. (C) In addition, if the court finds the agent, employee, or contractor of the Division of Children and Family Services failed to comply with the requirement, then the court may order the Division of Children and Family Services or the agent, employee, or contractor to pay all of the costs of the proceedings brought under this requirement. (e) Notification of placement changes to the Division of Children and Family Services Eligibility Unit. (1) The Division of Children and Family Services Eligibility Unit will be notified automatically via the Division of Children and Family Services information management system when placement changes that are entered into CHRIS affect the child’s Medicaid eligibility. (2) This includes when the child moves to an out-of-state placement, is placed in a Division of Youth Services facility or juvenile detention center, is on runaway status, is on a trial home visit, returns home, is adopted, or otherwise exits foster care. (3) The child’s Medicaid case will close the date the child’s permanency case is closed.