Protective and Juvenile Services Manual | Wyoming Department of Family Services

Chapter 1 - Child Protective Services

1.1 CPS Intake and Track Assignment

WYOMING DEPARTMENT OF FAMILY SERVICES	CHAPTER: Child Protection Services POLICY: CPS Intake and Track Assignment POLICY NUMBER: 1.1
EFFECTIVE DATE: October 1, 2015	Current: 10/2015 Revised: 4/06, 10/09, 1/13, 10/15 Original: 11/2002

Purpose
Intake is the first stage of the child protection process which allows the Department of Family Services (DFS) to gather sufficient information from a reporter and DFS records to identify and locate the child(ren)/youth, parent(s), or caretaker(s). The information gathered helps determine if the referral meets the statutory definitions of child abuse and/or neglect, helps assess the seriousness of the child(ren)/youth and family’s situation and if the referral is within the scope of Child Protective Services (CPS). ¹ The expectation is that a family-centered, strengths-based approach is implemented so the reporter is able to voice his/her concerns and DFS can understand the relationship of the reporter to the family as well as the motives of the reporter.
Procedure
1. Process
  1. DFS Data System. A referral of suspected abuse and/or neglect shall be taken and entered into the DFS data system as soon as possible, but no later than the next workday following the receipt of the referral.²
    1. Reporter Information. All information about the reporter shall be documented (i.e. name, address, phone number and relationship to the child(ren)/youth).
    2. Referral Information. The DFS Caseworker shall collect pertinent information from the reporter related to the following:
      1. Child(ren)/youth’s information;
      2. Parent(s) and/or caretaker(s)’s information;
      3. Alleged perpetrator(s)’s information;
      4. Other household members;
      5. Address and phone number(s);
      6. Allegations;
        
        Collect as much specific information from the reporter, including, what, where and when the incident occurred.
      7. Relative information;
      8. Prior history;
      9. Collateral contacts;
      10. Other concerns:
        
        Domestic violence in the home;
        
        Family member’s drug/alcohol use;
        
        Physical and/or mental health issues; and
        
        Special needs for any family members.
      11. The strengths of the family and the family’s culture; and
      12. Safety factors (i.e. guns, knives, or other weapons in the home;violent and/or threatening behaviors; manufacturing or use of methamphetamine or other drugs; and/or safety threats);
      13. In the case the information indicates an allegation of withholding medically indicated treatment from a disabled infant(s) with life threatening conditions, the DFS caseworker shall inquire about the condition of the disabled infant and whether the disabled infant may die or suffer harm within the immediate future if medical treatment or appropriate nutrition, hydration, or medication is withheld.
  2. Once the intake is complete, the DFS Caseworker shall give it to a supervisor or designee immediately. ³
    1. Verification. The verification process shall begin after the office receives a referral alleging abuse and/or neglect and shall include gathering sufficient information to enable the DFS Caseworker to: ⁴
    2. Identify and locate the child(ren)/youth and the parent(s) and/or caretaker(s);
    3. Determine if the referral requires special investigation;
    4. Assess the seriousness of the situation, consider the urgency for response, and initiate the safety assessment;
      1. Immediate Response. The supervisor shall determine the need for immediate response. In-person contact shall be immediately attempted (and made no later than twenty-four (24) hours after receipt of the referral) with the alleged victim and/or family when the referral alleges any of the following: ⁵
        
        A major injury;
        
        A child(ren) under the age of six (6) years;
        
        Child(ren)/youth who are suffering from acute and untreated medical conditions;
        
        Child(ren)/youth who are in immediate need of food;
        
        In addition to abuse and/or neglect, the parent(s) or caretaker(s) are psychotic, behaving in a bizarre manner or acting under the influence of drugs or alcohol;
        
        Bizarre punishment or torture;
        
        In addition to abuse and/or neglect, the child(ren)/youth is suicidal;
        
        Involving abandonment;
        
        Doctors and hospital emergency rooms concerning child(ren)/youth under their care;
        
        Parent(s) who state they are unable to cope and feel they will hurt or kill their child(ren)/youth;
        
        When it is likely the family may flee the area;
        
        The need for protective custody is indicated;
        
        The use or manufacture of methamphetamine;
        
        Withholding of medically indicated treatment from disabled infants with life-threatening conditions; ⁶ and/or
        
        Victim of Human/Sex Trafficking.⁷
      2. Safety Assessment.The assessment of the child(ren)/youth’s safety shall be initiated at intake and continue through the life of a case. ⁸
      3. Collateral contact. DFS may make collateral contacts for the purpose of assessing safety, clarifying, or establishing the credibility of the referral, and to help determine the appropriate track. ⁹
        
        Collateral contacts shall not be considered as initiating an investigation or assessment unless the referral is subsequently accepted.
        
        School employees and records, law enforcement, Benefit Specialists, medical personnel, public health, mental health may be used as collateral contacts.
      4. The DFS Caseworker shall check records to obtain pertinent information, including past DFS involvement, which may include, but not limited to: ¹⁰
        
        DFS data system focusing on narrative and history;
        
        DFS files;
        
        Police records (SS-32); and/or
        
        CPS records from other states if the DFS Caseworker believes it to exist.
      5. Accept or Reject Referral. The referral shall be rejected or assigned by the DFS Supervisor within twenty-four (24) hours and document in the DFS data system as to the reason for the track assignment.
        
        Accepted Referrals. An intake shall be assigned to the Investigation Track or Assessment Track if the referral meets the definition of abuse and/or neglect,¹¹ or Prevention Track if there are no allegations of abuse and/or neglect, but risk factors and services to the family could prevent abuse and/or neglect from occurring.
        
        Definitions
        
        Abuse- inflicting or causing physical or mental injury, harm or imminent danger to the physical or mental health or welfare of a child other than by accidental means, including abandonment…, excessive or unreasonable corporal punishment, malnutrition or substantial risk thereof by reason of intentional or unintentional neglect, and the commission or allowing the commission of a sexual offense against a child. ¹²
        
        Neglect- with respect to a child means a failure or refusal by those responsible for the child's welfare to provide adequate care, maintenance, supervision, education or medical, surgical or any other care necessary for the child's well being. Treatment given in good faith by spiritual means alone, through prayer, by a duly accredited practitioner in accordance with the tenets and practices of a recognized church or religious denomination is not child neglect for that reason alone. ¹³
        
        Tracks
        
        Investigation Track. After a referral has been accepted, it shall be assigned to the Investigation Track if the referral alleges abuse and/or neglect and meets the criteria for the Investigation Track. ¹⁴The criteria includes:
        
        Criminal charges could be filed;
        
        Child(ren)/youth appear to be in imminent danger (includes threatened harm and means a statement, overt act, condition or status which represents an immediate and substantial risk of sexual abuse or physical or mental injury even when there are no signs of injury; ¹⁵
        
        It is likely child(ren)/youth will need to be removed from his/her home;
        
        Child(ren)/youth fatality;
        
        Major injury; and/or
        
        Sexual abuse.
        
        Assessment Track. After a referral has been accepted, it shall be assigned to the Assessment Track if the referral alleges abuse and/or neglect but does not meet the criteria for the Investigation Track.¹⁶
        
        Prevention Track. After a referral has been accepted where there are no allegations of abuse and/or neglect, but there are identified risk factors that indicate the need for services to prevent abuse and/or neglect. ¹⁷
        
        Case Assignment. The DFS Supervisor shall assign the accepted referral under the primary caretaker’s name and shall document in the narrative why the case was assigned under the specific track. If the case is assigned as a Special Investigation, the case shall be assigned under the alleged perpetrator.
        
        Rejected Referrals. Rejection of a referral requires supervisory authority within twenty-four (24) hours and document in the DFS data system as to the reason for the rejection. The following referrals may be rejected:¹⁸
        
        Referrals in which the reporter can give no credible evidence or reason to suspect that abuse and/or neglect has occurred;
        
        Referrals in which insufficient information is given to identify and/or locate the child(ren)/youth;
        
        Referrals involving physical or sexual assaults on child(ren)/youth by persons who are not the caretaker(s), which are criminal issues and referred to law enforcement;
        
        Referrals where the events took place more than six (6) months previous;
        
        Referrals with the allegations state a caretaker was Driving Under the Influence (DUI) arrest that occurred more than one (1) year prior. DUI referrals may be reviewed for consideration by the district manager and supervisor; and/or
        
        Referrals involving a child(ren)/youth who has committed a sexual offense and has already entered an appropriate treatment program that will adequately address his/her offender behavior, and the victim(s) has or is receiving appropriate treatment.
        
        Closed Referrals. An intake may be closed as unfounded with supervisory approval.
        
        Information and Referral.If the referral is not accepted, the DFS caseworker may make a referral for services to other community resources, agencies or DFS programs.
2. New Referrals
  1. DFS shall initiate a new intake of abuse and/or neglect discovered during the course of an assessment or investigation. ¹⁹
  2. If a new incident is discovered while conducting an investigation or assessment, the new referral shall be assigned to the appropriate track based on the track criteria outlined in DFS rule and policy. All info about accepting/rejecting the case shall be documented in the intake/incident.
3. Transfer of Intake.If a referral of a maltreatment incident occurred in another county, the DFS Caseworker or Supervisor shall call the appropriate office to advise them of the intake and ask whom to assign the referral in DFS data system.

¹ W.S. 14-3-206
² W.S. 14-3-204(a)(iii) and CPS Rules Chapter 2, Section 2 (a)
³CPS Rules, Chapter 2, Section 2(g)
⁴ CPS Rules, Chapter 2, Section 2(b)
⁵ CPS Rules, Chapter 2, Section 4(e)
⁶ CAPTA/42 U.S. C.A. § 5101 and Reports of Withholding Medically Indicated Treatment From Disabled Infants Policy 1.1.1
⁷ Preventing Sex Trafficking and Strengthening Families Act
⁸ CPS Rules, Chapter 2, Section 2(i)(i) and Safety Assessment Policy 1.2.1
⁹ CPS Rules, Chapter 2, Section 2(c)
¹⁰ CPS Rules, Chapter 2, Section 2(d)
¹¹ CPS Rules, Chapter 2, Section 2(i)
¹²W.S. 14-3-202; CPS Rules, Chapter 1, Section 4(b)
¹³ W.S. 14-3-202; CPS Rules, Chapter 1, Section 4(s)
¹⁴ W.S. 14-3-204(a)(3)(A)
¹⁵ CPS Rules, Chapter 1, Section 4 (b)(ii)
¹⁶W.S. 14-3-204(a)(3)(B)
¹⁷ CPS Rules Chapter 2, Section 7(e)
¹⁸ CR Rules, Chapter 2, Section 2 (f)
¹⁹CPS Rules, Chapter 2, Section 3(h) and Section 4(m)

1.1.1 Reports of Withholding Medically Indicated Treatment

WYOMING DEPARTMENT OF FAMILY SERVICES	CHAPTER: Child Protection Services POLICY: Reports of Withholding Medically Indicated Treatment from Disabled Infants POLICY NUMBER: 1.1.1
EFFECTIVE DATE: January 14, 2013	Current: 1/13 Revised: 2/08, 1/13 Original: 8/01

Purpose
Child Abuse Prevention Treatment Act (CAPTA) allows the Department of Family Services (DFS) to have procedures to respond to referrals of withholding of medically indicated treatment which means failure to respond to a disabled infant’s life threatening condition by providing treatment, including appropriate nutrition, hydration, and medication. ¹ The term does not include the failure to provide treatment to a disabled infant when, in the treating physician’s medical judgment:
- A disabled infant is chronically and irreversibly comatose;
- The provisions of such treatment would:
  - Prolong dying;
  - Not be effective in ameliorating or correcting all of the disabled infant’s life-threatening conditions; or
  - Otherwise be futile in terms of the survival of the disabled infant;
- The provision of such treatment would be virtually futile in terms of the survival of the disabled infant and the treatment itself under such circumstances would be inhumane.
Procedure
1. Refer Intake Immediately
  1. The Department of Family Services (DFS) caseworker shall inform the District Manager or designee and/or supervisor of all reports of suspected withholding of medically indicated treatment from a disabled infant(s) with life-threatening conditions immediately to determine whether the referral constitutes allegations of medical neglect of a disabled infant.
  2. The District Manager shall contact the Social Services Division (SSD) Administrator immediately with the information.
2. Determine Status of Disabled infant. The DFS caseworker shall:
  1. Work with the hospital liaison to determine the disabled infant’s status; ² and
  2. Conduct interviews with the responsible physician and others involved in treatment by telephone or in-person in order to make a determination whether medically indicated treatment or appropriate nutrition, hydration, and medication is being withheld.
3. Interview parent(s). The DFS caseworker shall consult with an individual designated by and within appropriate health-care facilities in the interview with the parent(s). ³
4. Decide Upon CPS Action. The DFS caseworker, supervisor, and District Manager shall prepare the investigation information to review with the SSD Administrator.
5. Seek Court Action To Obtain Access To Information. If the DFS caseworker encounters difficulties gaining access to the hospital or its pertinent records, the DFS caseworker shall write an affidavit to seek court action through the District/County Attorney and/or Attorney General’s office.
6. Decision-Making
  1. The DFS caseworker shall conduct the investigation. ⁴
  2. Pursue Informal Resolution. When it has been determined medically indicated treatment is being or will be withheld, the DFS caseworker shall seek informal resolution of the matter if the disabled infant is being sustained while efforts to obtain parental consent are pursued. Other factors shall be considered in deciding whether to seek voluntary consent to treatment:
    1. The availability of a hospital review process that has not yet taken place; and
    2. Parental opportunities for appropriate medical consultation, counseling and/or education which have not been explored and offer some likelihood of leading to parental consent to medically indicated treatment.
  3. The DFS caseworker shall arrange a meeting with the parent(s) and responsible physician to explain why CPS arrived at its decision, share relevant information and ask the parent(s) to reevaluate the situation.
  4. If the parent(s) consider themselves unable to raise the disabled infant, the DFS caseworker shall provide information regarding the availability of adoptive placements and referral to appropriate agencies.
  5. Seek Court Action. If it is determined medically indicated treatment is being or will be withheld, and the disabled infant's condition requires an urgent response or efforts by CPS or hospital personnel to obtain parental consent to treatment would be futile or already have failed, the DFS caseworker shall immediately contact the District/County Attorney. The District/County Attorney shall also be contacted to pursue any of the following:
    1. Independent medical evaluation; or
    2. Emergency medical treatment.⁵
7. Follow-Up. The DFS caseworker shall offer and provide appropriate services to meet the family’s needs and monitor court ordered treatment.⁶

¹42 U.S. C.A. § 5101 and W.S. 14-3-201 through 14-3-216
² Withholding Medically Indicated Treatment from Disabled Infants Appendix A
³Withholding Medically Indicated Treatment from Disabled Infants Appendix B
⁴ Investigation Track Policy 1.3.3
⁵W.S. 14-3-420
⁶ Family Services Plan Policy 1.6 and Court Progress Reports and Timelines Policy 2.8

1.1.2 Safe Haven

EFFECTIVE DATE: January 14, 2013

WYOMING DEPARTMENT OF FAMILY SERVICES	CHAPTER: Child Protection Services POLICY: Safe Haven “Relinquishment of a Newborn” POLICY NUMBER: 1.1.2
Current: 1/13 Revised: 4/07, 1/13 Original: 4/07

Purpose
Safety for a Newborn Child Act provides to a parent of a newborn child, 14 days or younger, to relinquish the child so he/she may be cared for and protected. The relinquishment of a newborn child shall not constitute abuse and/or neglect and the child shall not be considered an abused and/or neglected child so long as the relinquishment is carried out in substantial compliance with provisions of this act. Safe Haven facilities include:¹
- A fire station;
- A hospital; and/or
- A police department or sheriff's office
Procedures
1. The Department of Family Services (DFS) District Manager shall contact the Social Services Division (SSD) Administrator within twenty-four (24) hours of a relinquishment of a newborn child.
2. The DFS Local Office and Caseworker Role
  1. The DFS office shall assume physical custody and care of the child immediately upon notice from the safe haven provider or hospital. DFS is authorized to approve and consent to all necessary medical care. The DFS caseworker shall complete an application for Medicaid for the child.
  2. The DFS caseworker shall immediately place or contract for placement of the newborn child in a potential adoptive home using either a private adoption agency or foster-adoptive home. If possible, and if identifying information has been provided, placement with relatives for adoption shall be considered.
  3. The DFS caseworker shall comply with all mandates of the Indian Child Welfare Act (ICWA)² if it applies.
  4. DFS may call to the District/County Attorney informing them of the relinquishment of a newborn child.
  5. The DFS caseworker shall work with law enforcement agencies in an effort to ensure that the newborn child has not been identified as a missing child.
  6. The DFS caseworker shall conduct or assist the adoption agency with a search of the putative father registry for unmarried biological fathers and if the putative father is identified, make contact.
  7. If neither parent of the newborn child requests the return of the child within three (3) months after the date of the delivery to a safe haven provider, the DFS caseworker shall refer the case to the District/County Attorney and Attorney General’s office for the termination of the parent-child legal relationship. ³
3. Procedure if a Parent Returns
  1. Parent returns for the child within three (3) months:
    1. If DFS has knowledge that the parent requesting return of the child is the biological parent of that child and there are no maltreatment concerns, then the DFS caseworker shall return the child.
    2. If DFS does not know that the parent requesting return of the child is the biological parent:
      1. DFS shall request the parent provide evidence that he/she is the biological parent. DFS may assist the parent(s) with paternal/maternal testing.
      2. If the parent does not have satisfactory evidence or is unwilling to cooperate, then DFS shall request assistance from law enforcement to take temporary protective ⁴ custody with allegations of abandonment. ⁵
        
        The DFS caseworker shall contact District/County Attorney to initiate legal proceedings.
        
        The DFS shall contact and consult with Attorney General’s office.
        
        The DFS caseworker shall assist the parent with a reunification plan. ⁶
  2. Parent returns after three (3) months. If a parent returns for the child after three (3) months, the DFS caseworker shall refer him/her to private counsel.
4. Document in WYCAPS
  1. Go to Composition Screen, click on the “removal pop-up” and check Safe Haven Box
  2. Removal Method-voluntary placement and Removal Reason-relinquishment
  3. Caretaker Structure-other. If the caretaker of the child is unknown, create a WYCAPS client ID using unknown, (last name) Safe (first name) and H (middle initial). If the caretaker becomes known to DFS, the client ID shall be modified with the correct name; this client ID shall be used on the Caretaker Maintenance Screen.

¹W.S. 14-11-101 through 14-11-109
² 25 USC ¤ 1901 Indian Child Welfare Act (ICWA) of 1978, P.L. 95-608 and Indian Child Welfare Act Policy 2.6
³ W.S. 14-2-308 through 14-2-319
⁴ WS 14-3-405
⁵ CPS Rules, Chapter 1 and 2
⁶ CPS Rules, Chapter 2, Section 7 and Family Services Plan Policy 1.6

1.2 CPS Assessment

1.2.1 Safety Assessment & Planning

WYOMING DEPARTMENT OF FAMILY SERVICES	CHAPTER: Placement POLICY: Safety Assessment & Planning POLICY NUMBER: 1.2.1
EFFECTIVE DATE: January 14, 2013	Current: 1/13 Revised: 10/05, 7/11, 2/13 Original: 8/13/0

A. Purpose

The assessment of the child(ren)/youth safety shall be initiated at intake and continue through the life of a case.

The purposes of the Safety Assessment are to help assess whether any child(ren)/youth is likely to be in present or imminent danger, which requires a protecting intervention, and to help guide what interventions will be initiated or maintained to provide appropriate protection, which may include protective custody.

The purpose of the ongoing safety assessment is to assess any impending danger and ongoing safety threats over the life of a case.

B. Procedure

1. Safety Assessment: The safety of the child(ren)/youth shall be assessed for all accepted reports and shall be completed on the family composition/household where the alleged abuse and/or neglect occurred. ¹

a. The Safety Assessment, including completion of the Safety Assessment Tool, shall be completed:

1) Within seven (7) calendar days of receipt of report: A Safety Assessment shall be initiated at intake and completed within seven (7) calendar days of receipt of the report;

2) After 30 days of case opening;

3) At conclusion of an investigation if it is longer than 30 days; and

4) Prior to reunification.

2. The Safety Assessment Tool shall be completed in its written form, discussed with the child(ren)/youth and family, and entered into the Department of Family Services (DFS) data system. The written copy shall be placed in the file.

a. The safety issues shall be discussed with the family and the family shall be involved in developing the Written Family Safety Plan (see section 3 below).

b. If it is not possible for the family to be involved in the Safety Assessment it shall be completed by the DFS Caseworker and then reviewed with the family. Changes may be made with the family if necessary and appropriate.

3. Written Family Safety Plan: If the Safety Assessment reveals any factors, behaviors, or conditions that may be associated with a child(ren)/youth in imminent danger (Questions 1-14 on the Safety Assessment Tool), a Written Family Safety Plan shall be completed with the family.

a. All parties present at initial contact, including the family, shall participate in creation of the plan and then sign the plan.

b. The family shall receive a copy of the plan and agree to follow through with its components.

c. If the family does not wish to receive services and refuses to work with the DFS, the box should be checked on the plan stating “family refuses supportive services.” Family should be asked to sign. If they are unwilling, the DFS Caseworker shall document reason in comment section.

4. If the court is involved, safety concerns documented in the Safety Assessment, Written Family Safety Plan, and ongoing l safety assessments shall be noted in court reports and addressed in the Family Service Plan.

5. Cases initially assigned to the Assessment Track but assessed as “Unsafe” may be considered for reassignment to the Investigation Track.

a. The DFS Caseworker shall discuss the safety decision with his/her Supervisor or designee.

b. The Supervisor may transfer a case from the Assessment Track to the Investigation Track when the safety decision is “Unsafe.” The reason for this transfer shall be based on Investigation Track criteria.

c. The family shall be informed verbally as soon as the decision is made to transfer the case from the Assessment Track to the Investigation Track.

d. The family shall be given written notice of this decision within seven (7) calendar days.

6. Ongoing safety assessment: The safety of child(ren)/youth shall be assessed and documented for all child(ren) with an open case at least once monthly, or more as necessary.

a. During monthly face-to-face visits with the child(ren)/youth and parent(s) or caretaker(s), safety shall be assessed and documented in narrative or on the monthly DFS Caseworker contact sheet with reference in narrative. ²

1) The DFS Caseworker shall assess the child(ren)/youth and parent(s) or caretaker(s) behaviors, attitudes, motives, emotions, disabilities, level of functioning, protective capacities, and/or situations which may pose a threat to the child(ren)/youth.

b. There are six (6) domains that shall be considered when assessing safety: type of maltreatment, nature of maltreatment/surrounding circumstances, child(ren)/youth functioning, parenting discipline, general parenting, and adult function.

c. If safety concerns are identified through an ongoing safety assessment, the DFS Caseworker shall discuss the safety concerns with the child(ren)/youth and parent(s) and/or caretaker(s), and one (1) of the following things shall be done:

1) If the child(ren)/youth remains in his/her home (where the alleged incident of abuse/neglect occurred) a Safety Assessment shall be done and a Written Family Safety Plan developed and initiated; or

2) If the child(ren)/youth is in placement, the situation shall be staffed with a Supervisor to determine if a new intake needs to be done, or if a Written Family Safety Plan needs to be developed and initiated.

¹CPS Rules, Chapter 2, Section 2(e)
² Face-to-Face Policy 2.3

1.2.2 Risk Assessment & Reassessment

WYOMING DEPARTMENT OF FAMILY SERVICES	CHAPTER: Child Protection Services POLICY: Risk Assessment and Reassessment POLICY NUMBER: 1.2.2
EFFECTIVE DATE: January 14, 2013	Current: 1/13 Revised: 9/2007, 1/13 Original: 10/2005

Purpose
The purpose of the risk assessment is to assist the Department of Family Services (DFS) Caseworker with case evaluation of the possibility of future risk to child(ren)/youth in the home, guide the case planning process with the family, and guide case decisions, such as when to return a child(ren)/youth to the home or close a case in a structured, systematic way.The risk assessment identifies families who have low, moderate, high, or very high probabilities of continuing to abuse or neglect their child(ren)/youth. By completing the risk assessment, the DFS Caseworker obtains an objective appraisal of the likelihood that a family will maltreat their child(ren)/youth in the next 18 to 24 months. The difference between risk levels is substantial. High risk families have significantly higher rates of subsequent referral and substantiation than low risk families and are more often involved in serious abuse or neglect incidents.The risk assessment scales do not predict recurrence, but simply assess the probability that family may have another incident without intervention by the DFS. The risk assessment is not intended to replace or supersede DFS Caseworker judgment.The risk reassessment combines items from the original risk assessment with additional items that evaluate a family’s progress toward Family Service Plan goals.
Procedure
1. Risk Assessment
  1. A risk assessment shall be completed on the DFS data system for all open cases where risks are identified. The risk assessment is completed:
    1. By the assigned DFS Caseworker;
    2. After the completion of the safety assessment and the DFS Caseworker has reached a conclusion regarding the allegation. If a DFS Caseworker has not reached a conclusion within 30 days, the risk assessment shall be completed; and
    3. Based on conditions that exist at the time the incident is reported and investigated as well as the prior history of the family.
2. Risk Reassessment

1. 1. The risk reassessment shall be completed on the DFS data system by the assigned DFS Caseworker on all cases that remain open for services that had identified risks.
  2. The risk reassessment shall be completed, at a minimum, every six (6) months from the completion of the initial risk assessment and at the following times
    1. A reassessment shall be completed sooner than six (6) months if there are new circumstances or new information which would affect risk; multiple risk reassessments can be completed for an incident;
    2. At case transfer;
    3. When there are changes in placement;
    4. Prior to reunification; and
    5. Prior to closing a report and no later than 30 calendar days from the start of the investigation.

1. 1. The risk reassessment guides the decision on case closure. The DFS Caseworker shall discuss the decision to close a case with his/her Supervisor.
    1. All cases in which risk is reduced to low shall be considered for closure unless special circumstances exist.
    2. Cases in which risk remains or is reduced to moderate may be considered for closure.
    3. High or very high risk cases shall remain open unless special circumstances exist.

1.3 CPS Tracks

1.3.1 CPS Prevention Track

WYOMING DEPARTMENT OF FAMILY SERVICES	CHAPTER: Child Protection Services POLICY: Prevention Track POLICY NUMBER: 1.3.1
EFFECTIVE DATE: January 15, 2016	Current: 1/16 Revised: 10/09, 1/13, 1/16 Original: 8/01

Purpose
The Prevention Track is to help families access available services to prevent possible abuse and/or neglect and prevent problems from escalating to a level where assessment or investigative services are required. When preventive services are deemed appropriate by the Department of Family Services (DFS), they may be provided if the family voluntarily accepts assistance. ¹
Procedures
1. A family is eligible for preventive services when a referral has been received where there are no allegations of abuse and/or neglect, but there are identified risk factors that indicate the need for services to prevent abuse and/or neglect and the family voluntarily accepts services. Identified risk factors include, but are not limited to:
  1. Prior open case(s);
  2. Parent(s) and/or caretaker(s) inability to hold a job and is showing signs of stress;
  3. Parent(s) and/or caretaker(s) has a past or current alcohol and/or drug problem that is unresolved;
  4. Parent(s) and/or caretaker(s) is showing signs of stress or being over-whelmed;
  5. Child(ren)/youth’s unaddressed behavioral issues are causing increased stress for the parent and/or caretaker;
  6. Parent(s) and/or caretaker(s) has past or current mental health problem that is not being addressed through community services;
  7. Parent(s) and/or caretaker(s) is using ineffective or age inappropriate discipline methods and is showing signs of increased agitation;
  8. A pregnant woman is using drugs/alcohol; and/or
  9. Domestic violence situation where the child(ren)/youth is not present and the child(ren)/youth is not showing behavioral or emotional trauma.
2. Process
  1. The DFS Caseworker shall attempt in-person contact with the caretaker(s) and child(ren) within seven (7) calendar days, provide the Child Protection Services (CPS) pamphlet (SS-3N) and offer services. In-person contact may be extended if the DFS Caseworker is unable to make contactfollowing good faith efforts. ²
  2. Safety Assessment. The safety of the child(ren)/youth shall be assessed for all accepted referrals. ³
  3. Risk Assessment. Risk factors shall be assessed for all accepted referrals unless the case is closed within 30 days of acceptance. ⁴
3. Services may be purchased or provided by DFS when a Safety Plan or Family Preservation Plan (F-SS9c) is developed and the services are consistent with the plan. ⁵
  1. The Safety Plan may be used if opened for less than 30 days;
  2. Cases open more than 30 days, the DFS caseworker and family shall develop a Family Preservation Plan.
4. New Intake. If the DFS Caseworker observes conditions that fit the criteria for abuse and/or neglect, a new intake shall be completed and the case shall be referred for investigation or assessment.
5. The DFS Caseworker shall close the case when services are no longer needed or appropriate, or the family declines services.

¹ CPS Rules, Chapter 2, Section 7(e)
²CPS Rules, Chapter 2
³ CPS Rules, Chapter 2, Section 2(e); Safety Assessment Policy 1.2.1
⁴ CPS Rules, Chapter 2, Section 2(i)(i); Risk Assessment Policy 1.2.3
⁵ CPS Rules, Chapter 2, Section 7(f)

1.3.2 Assessment Track

WYOMING DEPARTMENT OF FAMILY SERVICES	CHAPTER: Child Protective Services POLICY: Assessment Track POLICY NUMBER: 1.3.2
EFFECTIVE DATE: January 15, 2016	Current: 1/16 Revised: 10/04, 9/07, 10/09, 1/13, 1/16 Original: 11/02

Purpose
The Assessment Track is designed to create a climate in which families will be comfortable in acknowledging family concerns and seek assistance when there are allegations of abuse and/or neglect, but the criteria of an investigation is not met, and services to the family could prevent problems from escalating to a level for which an investigation is warranted. ¹The DFS Caseworker shall work with the family to identify strengths and needs, so they may resolve issues that have become problematic and allow for community involvement in meeting the needs of the family. The outcome of the Assessment Track is the identification of natural supports for the family, development of a functioning referral network for the family, and achieving goals developed in a Family Service Plan to alleviate the problems identified by the family and the DFS Caseworker.
Procedures
1. Assessment Track Process
  1. The DFS Caseworker shall immediately attempt in-person contact when the immediate response criteria is met. ²
  2. Initiating the Assessment
    1. Initiating an assessment begins when the referral is assigned. The DFS Caseworker shall review the referral and confirm accuracy of the information.
    2. In-person contact with family members shall be made within seven (7) calendar days of receipt of the referral. ³
      1. After attempting contact, a delay of in-person contact with the family beyond seven (7) calendar days shall be approved by the District Manager or his/her designee.
      2. In-person contact is not required when the DFS Caseworker has made a good faith attempt to contact the family of the referral, but cannot locate them or they refused to cooperate with the assessment. ⁴
      3. If the DFS Caseworker is denied access to the child(ren)/youth, the DFS Caseworker may request assistance from law enforcement or the county attorney to gain access.
      4. In conjunction with the assessment, the DFS Caseworker shall assess and complete the Safety and Risk assessments for all accepted referrals. ⁵
  3. Conducting the Assessment with the family
    1. Contact shall include all family members including the parent(s), caretaker(s) and/or legal guardian(s), and the child(ren)/youth who are part of the referral. If the child(ren)/youth is not home at the time of contact, the contact with the family members can still take place. If the parent(s) refuses to work with DFS and there are concerns about not having seen the child(ren)/youth, the DFS Caseworker shall discuss the concerns with the Supervisor.
      1. The DFS Caseworker may request law enforcement to accompany him/her when making contact with the family without switching the referral to the Investigation Track. The DFS Caseworker shall immediately advise the family the reason law enforcement is involved.
    2. The interview with the child(ren)/youth
      1. During the initial interview with the child(ren)/youth, the DFS Caseworker shall inform him/her that a referral has been received and DFS has the duty to ensure the child(ren)/youth is safe; the information may be shared with law enforcement and/or the court, if needed, to protect the child(ren)/youth from further abuse and/or neglect.
      2. If the child(ren)/youth is interviewed before the parent(s) or caretaker(s) and the parent(s) or caretaker(s) is unaware of the interview, it is essential that the DFS Caseworker meet with the family on the same day, if possible. The child(ren)/youth should never be placed in a position of informing the parent(s) they were interviewed by a representative of DFS.
    3. The interview of the child(ren)/youth’s custodial parent. During the initial interview with the child(ren)/youth's custodial parent, legal guardian or legal custodian, DFS shall provide the Child Protection Pamphlet(F-SS3N). ⁶
  4. Determination/Conclusion. After the initial meeting with the family and the completion of the safety and risk assessments, the determination as to what shall occur next shall be made based on one (1) of the following:
    1. Case Closed: Child Safe (NO ASSMT CHILD SAFE): It may be used if it is determined at the time of the initial contact that either:
      1. The family feels they are able to resolve the issues on their own;
      2. The initial contact is all the intervention required; or
      3. There was no substance to the referral.
    2. Case Closed: Family Declined Assessment (DCL ASSMT NSPN): It may be used when the family declines services and, if after the completion of the Safety Assessment, a written safety plan is not necessary. However, if a written safety plan is needed and the family has refused to work with DFS, the DFS Caseworker shall work with the supervisor to encourage the family to accept the safety plan and case assessment and document all information on the Safety Assessment, Written Safety Plan and narrative.
    3. Case Closed: Unable to Locate (UNABLE TO LOCATE): It is used when diligent effort has been made to locate the family and the DFS Caseworker has been unsuccessful.
    4. Assessment will Proceed: This disposition is to be used when safety and/or risk factors have been identified and the family is willing to engage in a family service plan.
    5. Refer for Investigation/Changing Track Assignment: This disposition is to be used when the DFS Caseworker finds concerns during the initial contact regarding abuse and/or neglect issues which meet the criteria for the Investigation Track. ⁷
      1. Track changes shall occur within seven (7) days of assigning the track with a Supervisor approval.
      2. The DFS Caseworker and/or Supervisor shall document the decision and reason in case narrative.
      3. The DFS Caseworker shall provide verbal notice to the family and alleged perpetrator as soon as possible when a decision is made to change the track assignment. Written notice shall be provided to the alleged perpetrator within seven (7) calendar days of when a decision is made to change track assignment. Additionally, written notice shall be provided to the alleged perpetrator within seven (7) calendar days of when a decision is made to change track assignment (SS-3N).
2. Service Provision
  1. Services may be provided to families and may be purchased or provided by DFS when a Written Safety Plan or Family Preservation Plan (F-SS9c) and/or Youth Empowered Success Case Plan is developed and the services are consistent with the Family Service Plan and/or Youth Empowered Success Case Plan.⁸
  2. Child(ren) under the age of six (6) receiving services from DFS and involved in a case of abuse and/or neglect shall be referred to agencies providing early intervention services under part C of the Individuals with Disabilities Education Act. ⁹ Documentation of the screening shall be entered into the DFS Data System within seven (7) calendar days.
  3. Appropriate referrals to other community agencies may be made for child(ren)/youth not at risk of immediate harm.
3. Court Action Request. When the best interest of the child requires court action, the DFS Caseworker shall request the local District/County Attorney to initiate legal proceedings. ¹⁰ The request shall:
  1. Include the names, addresses and birthdates of all family members;
  2. Outline current and previous contacts with the family;
  3. Identify safety and risk factors;
  4. Include law enforcement contacts; and
  5. Include other information that would assist the District/County Attorney.

¹CPS Rules, Chapter 2, Section 3
² CPS Rules, Chapter 2, Section 4(e)
³ CPS Rules, Chapter 2, Section 3(c)
⁴ CPS Rules, Chapter 2, Section 4(i)
⁵ CPS Rules, Chapter 2, Section 3(e); Safety Assessment Policy 1.2.1 and Risk Assessment Policy 1.2.2
⁶CPS Rules, Chapter 2, Section 3(d)
⁷CPS Rules Chapter 2, Section 3(f) and 4(c)(iii)
⁸ W.S. 14-3-204(a)(vi); CPS Rules Chapter 2, Section 7(a-b); Family Service Plan and/or Youth Empowered Success Case Plan Policy 1.6
⁹ Individuals with Disabilities Education Act (IDEA) and Child Abuse Prevention Treatment Act (CAPTA); W.S. 14-3-204(a)(ix)
¹⁰ W.S.14-3-204(a)9B)

1.3.3 Investigation Track

WYOMING DEPARTMENT OF FAMILY SERVICES	CHAPTER: Child Protection Services POLICY: Investigation Track POLICY NUMBER: 1.3.3
EFFECTIVE DATE: January 15, 2016	Current: 1/16 Revised: 6/04, 10/09, 9/10, 1/13, 1/16 Original: 11/02

Purpose
The Child Protective Service (CPS) Investigation Track determines if abuse and/or neglect occurred and what interventions may be provided to prevent future abuse.
Procedure
1. Investigation Track Assignment. A referral shall be assigned to the Investigation Track if the referral meets the definition of abuse and/or neglect ¹ and the criteria for the Investigation Track: ²
  1. Definition
    1. Abuse- inflicting or causing physical or mental injury, harm or imminent danger to the physical or mental health or welfare of a child[(ren)/youth] other than by accidental means, including abandonment, excessive or unreasonable corporal punishment, malnutrition or substantial risk thereof by reason of intentional or unintentional neglect, and the commission or allowing the commission of a sexual offense against a child[(ren)/youth] as defined by law; ³and/or
    2. Neglect- with respect to a child[(ren)/youth] means a failure or refusal by those responsible for the child[(ren)/youth's] welfare to provide adequate care, food, clothing, safe shelter, maintenance, supervision, , education or medical, surgical or any other care necessary for the child[(ren)/youth's] well being. Treatment given in good faith by spiritual means alone, through prayer, by a duly accredited practitioner in accordance with the tenets and practices of a recognized church or religious denomination is not child neglect for that reason alone. ⁴
  2. Criteria for Investigation Track
    1. Criminal charges could be filed;
    2. Child(ren)/youth appear to be in imminent danger (includes threatened harm and means a statement, overt act, condition or status which represents an immediate and substantial risk of sexual abuse or physical or mental injury even when there are no signs of injury); ⁵
    3. It is likely the child(ren)/youth will need to be removed from his/her home;
    4. Child/youth fatality;
    5. Major injury; and/or
    6. Sexual abuse.
2. Changing Track Assignment.This may be used when the DFS Caseworker finds concerns during the initial contact regarding abuse and/or neglect issues which do not meet the criteria for the Investigation Track. ⁶
  1. Track changes shall occur within seven (7) days of assigning the track with a Supervisor approval.
  2. The DFS Caseworker and/or Supervisor shall document the decision and reason in case narrative.
  3. The DFS Caseworker shall provide verbal notice to the family and alleged perpetrator as soon as possible when a decision is made to change the track assignment. Written notice shall be provided to the alleged perpetrator within seven (7) calendar days of when a decision is made to change track assignment. Additionally, written notice shall be provided to the alleged perpetrator within seven (7) calendar days of when a decision is made to change track assignment Child Protection Pamphlet(F-SS3N).
3. Investigation Process
  1. In-person contact shall be immediately attempted when child(ren)/youth appear to be in imminent danger. ⁷
  2. DFS shall immediately contact the appropriate law enforcement agency. ⁸
  3. DFS shall initiate a new intake of a different allegation type of abuse or neglect discovered during the course of the investigation.⁹
  4. During the course of the investigation, additional reports may be received by the field office regarding the same incident and are to be treated as part of the initial investigation.
  5. The investigation timelines may be extended with the District Manager’s written approval when the investigation is conducted by law enforcement and law enforcement and/or the county attorney has requested DFS not move forward with the DFS investigation until the criminal investigation has been completed. ¹⁰ Documentation/narrative shall be entered into the DFS Data System monthly regarding the status of the criminal investigation and/or reasons law enforcement and/or the county attorney continue to request DFS not move forward with the DFS investigation.
  6. Temporary Protective Custody. When DFS has been notified a child(ren)/youth has been taken into temporary protective custody by law enforcement, a physician or hospital medical staff, DFS Caseworker shall follow Authority for Placement and Placement Process Policy. ¹¹
  7. Initiating the Investigation
    1. Initiating an investigation begins when the referral is assigned. The DFS Caseworker shall review the referral and confirm accuracy of the information.
    2. Investigative Plan. The DFS Caseworker shall initiate and document in narrative within seven (7) days of assignment interviewees and possible evidence to be gathered.
    3. In-person Contact. In-person contact with the alleged child(ren)/youth, family and perpetrator(s) of the referral shall be made within twenty-four (24) hours and no later than seven (7) calendar days of receipt of the referral. ¹² However, in sexual abuse and facility investigations, formation of the investigative team and investigative plan may take longer than twenty-four (24) hours.
      1. After attempting immediate initial contact, a delay of in-person contact with the child(ren)/youth and alleged perpetrator(s) beyond seven (7) calendar days shall be approved by the District Manager or his/her designee.
      2. In-person contact is not required when the DFS Caseworker has made a good faith attempt to contact the subjects of the referral, but cannot locate them. ¹³
      3. If the DFS Caseworker is denied access to the child(ren)/youth or the alleged perpetrator(s) refuses to cooperate with the investigation, the DFS Caseworker shall request assistance from law enforcement or the District/County Attorney to gain access. ¹⁴
      4. Safety and Risk Assessments. The DFS Caseworker shall assess and complete the safety and risk assessments for all accepted referrals. ¹⁵
  8. Conducting Initial Interviews
    1. The initial interview with the child(ren)/youth. During the initial interview with the child(ren)/youth, the DFS Caseworker shall inform him/her that a referral has been received and DFS has duty to ensure the child(ren)/youth is safe and investigate; the investigation may involve law enforcement or the court if needed to protect the child(ren)/youth from further abuse and/or neglect.
    2. The initial interview of the child(ren)/youth’s parent(s). During the initial interview with the child(ren)/youth 's parent(s) or legal guardian(s), DFS shall provide the Child Protection Pamphlet. ¹⁶
    3. The initial interview of the alleged perpetrator. During the initial interview of the alleged perpetrator, DFS shall provide Child Protection Pamphlet. ¹⁷
    4. Statement of Allegations. The DFS Caseworker shall send and may provide in person a Statement of Allegations (SS-2) to the alleged perpetrator’s last known address by first class mail within seven (7) calendar days of the initial interview of the alleged perpetrator and to the child(ren)/youth 's parent(s) or legal guardian(s). ¹⁸
4. Investigation Conclusion and Findings
  1. Upon completion of an investigation, the DFS caseworker shall make a recommended final determination in the Investigation Report(F-SS17A) as to whether a child(ren)/youth was abused and/or neglected to include documentation of interviews and evidence gathered. The Investigation Report shall be submitted to the supervisor before final approval of the findings. ¹⁹ The finding shall be based upon whether the information and evidence gathered during the investigation constitutes preponderance of evidence of child abuse and/or neglect. The finding shall be entered into the DFS data system.
  2. If a finding has not been determined within six (6) months of the case being accepted, the DFS Caseworker shall review the investigation with the supervisor and/or manager and a finding shall be based upon whether the information and evidence gathered during the investigation constitutes preponderance of evidence of child abuse and/or neglect. The finding shall be entered into the DFS data system.
  3. If a District/County Attorney has asked a finding not be made because of a pending criminal case, or there are other reasons a finding cannot be made after six (6) months, the DFS Caseworker shall notify the District Manager.
  4. Determination of a finding is a decision made by DFS. Findings may be made prior to or without court adjudication of the same incident. Findings are not dependent on, and may be different from, adjudicative decisions. However, a court finding of child abuse and/or neglect shall be presumptive evidence that the report is substantiated. ²⁰
  5. Allegations must be determined to be substantiated or unsubstantiated and shall be documented in DFS’s data system. ²¹
    1. Substantiation: Information and evidence gathered constitutes a preponderance of evidence that the child(ren)/youth was abused and/or neglected.
      1. The following criteria shall be present:
        
        The maltreatment meets the definition of abuse and/or neglect; ²²
        
        The perpetrator is a caretaker, meaning a person responsible for a child(ren)/youth’s welfare; ²³ and
        
        The Supervisor and District Manager have reviewed the investigation report, concur with the finding, and the District Manager signs the Notice of Conclusions (SS-5).
      2. DFS shall substantiate all allegations where a court has accepted a criminal plea of guilty or nolo contender (adjudicated but not admitting or denying-not contesting) or a civil, juvenile or criminal court has made a finding that the alleged perpetrator committed certain acts that constitute abuse and/or neglect. ²⁴
      3. When law enforcement conducts an investigation of abuse and/or neglect of a child(ren)/youth, independently from the DFS, and provides a report of the investigation to DFS, the DFS Caseworker shall review the investigation record. After reviewing the record and consulting with the supervisor, manager and investigator, when necessary, the DFS Caseworker shall enter allegation information and an appropriate finding into the computer system.
      4. Perpetrators of substantiated cases are placed on the central registry. Names of individuals, not facilities, are generally registered on the Central Registry. Exception may be made when maltreatment is likely to persist due to abusive staff, policy, or environmental factors which place child(ren)/youth at risk, and the facility fails to appropriately address these factors. When a facility is placed on the Central Registry, notice of findings and client statement shall be provided to the appropriate person(s) with administrative responsibility for the facility. ²⁵
    2. Unsubstantiation: In the absence of preponderance of evidence of abuse and/or neglect, the allegations and the investigation shall be unsubstantiated. DFS may offer services to the family. ²⁶
  6. Case Follow-up
    1. Child(ren) under the age of six (6) receiving services from DFS and involved in a case of abuse and/or neglect shall be referred to agencies providing early intervention services under part C of the Individuals with Disabilities Education Act. ²⁷ Documentation of the screening shall be entered into the DFS Data System within seven (7) calendar days.
    2. In substantiated cases, the DFS Caseworker may follow-up with a family within three (3) months of case closure to determine how the child(ren)/youth and family are doing.²⁸
  7. Third Party and Federal Agency Investigation Findings
    1. When DFS assists law enforcement in third party criminal complaints (i.e. non-custodial physical, and sexual assaults), the allegation information and appropriate findings may be entered into the computer system if all required notices (SS-2, SS-5, and SS-6) are provided to the subject of the investigation. ²⁹
    2. When federal agencies conduct maltreatment investigations of a child(ren)/youth in federal parks or on military bases, the cases may be entered into the computer system when sanctioned by an existing agreement or contract signed by DFS, the Attorney General, and the federal agency. ³⁰
    3. When investigations are completed by the Wind River Reservation under the Intergovernmental Tribal-State Contract for the Provision of Social Services, Tribal Social Services is responsible for entry of cases into the DFS data system. ³¹
5. Notification of Findings
  1. DFS shall send the Notice of Conclusions (SS-5) and Voluntary Statement (SS-6) within seven (7) calendar days of the conclusion of the investigation to the last known address of the alleged perpetrator by first class mail. ³² DFS Caseworker shall mark the “1st Class Mail” box in the DFS data system.
  2. DFS shall inform the child(ren)/youth’s parent(s), legal guardian(s), guardian ad litem or legal custodian, the judge (when the child(ren)/youth is in custody of the state) and alleged perpetrator(s) in writing of the conclusions of the investigation. ³³
  3. DFS shall make reasonable efforts to inform the non-custodial parent in writing (copy of SS-5 (deleting address of the perpetrator)) if the investigation is substantiated and of any proposed action to be taken. ³⁴
  4. DFS shall inform mandated professional reporters who report suspected child abuse and/or neglect that an investigation was conducted and the allegations were substantiated or unsubstantiated. The notification shall be in writing and is the Notice of Conclusions To Reporter(SS-5R).
  5. When the best interest of the child(ren)/youth requires court action, DFS shall contact the District/County Attorney to initiate legal proceedings and may make available a copy of the Investigation Report. ³⁵
  6. DFS Caseworker shall send a copy of the Statement of Allegations, Notice of Conclusions and Voluntary Statement to DFS State Office Central Registry Program in all substantiated cases. ³⁶

¹ W.S. 14-3-202, CPS Rules, Chapter 1, Section 4 and Chapter 2, Section 2(i)
² WS 14-3-204, CPS Rules, Chapter 2, Section 4
³ W.S. 14-3-202; CPS Rules, Chapter 1, Section 4(b)
⁴ W.S. 14-3-202; CPS Rules, Chapter 1, Section 4(s)
⁵ CPS Rules, Chapter 1, Section 4 (b)(ii)
⁶ CPS Rules Chapter 2, Section 4 (n)
⁷ CPS Rules, Chapter 2, Section 4(e)
⁸ W.S 206(a)(i) CPS Rules, Chapter 2, Section 4(c)
⁹ CR Rules, Chapter 2, Section 2(d)
¹⁰ CPS Rules, Chapter 2, Section 4(d)
¹¹ WS 14-3-208, CPS Rules Section 4(l) and Authority for Placement and Placement Process Policy 2.1
¹²CPS Rules, Chapter 2, Section 4
¹³ CPS Rules, Chapter 2, Section 4(f)(i)
¹⁴ CPS Rules, Chapter 2, Section 4(f)(ii)
¹⁵ CPS Rules, Chapter 2, Section 2 (e); Safety Assessment Policy 1.2.1 and Risk Assessment Policy 1.2.2
¹⁶ CPS Rules, Chapter 2, Section 4(g)(ii)(A-C)
¹⁷ W.S. 14-3-204(a)(iii); CPS Rules, Chapter 2, Section 4(h)(i-ii)
¹⁸ W.S. 14-3-204(a)(v)
¹⁹ Legislative Child Protection Audit 2008
²⁰CPS Rules, Chapter 2, Section 6 and CR Rules Chapter 2, Section 2(e)
²¹ W.S. 14-3-202(a)(ix-x); CPS Rules, Chapter 2, Section 6 (b) and (d); CR Rules Chapter 2, Section 2(f)
²² W.S. 14-3-202(a ); CPS Rules, Chapter 2, Section 6(a)
²³ W.S. 14-3-202(a)(i)
²⁴CPS Rules, Chapter 2, Section 6(b)(ii)
²⁵ CR Rules Chapter 2, Section 2(b)
²⁶ CPS Rules, Chapter 2, Section 6 (b)(iii) and Section 7(d)
²⁷ Individuals with Disabilities Education Act (IDEA) and Child Abuse Prevention Treatment Act (CAPTA); 14-3-2049(a)(ix)
²⁸ CPS Rules, Chapter 2, Section 8
²⁹ WS 14-3-204 & CR Rules, Chapter 2, Section 1(c)
³⁰ CR Rules, Chapter 2, Section 1(d)
³¹CR Rules, Chapter 2, Section 1(e)
³² WS 14-3-204(a)(v) and CPS Rules Chapter 2, Section 6 (c)
³³ CPS Rules, Chapter 2, Section 6(c)
³⁴W.S. 14-3-204(a)(vi)
³⁵ WS 14-3-204(a)(viii)
³⁶ Legislative Child Protection Audit 2008

1.3.4 Special Investigation Track

WYOMING DEPARTMENT OF FAMILY SERVICES	CHAPTER: Child Protection Services POLICY: Special Investigations Policy Number: 1.3.4
EFFECTIVE DATE: January 15, 2016	Current: 1/2016 Revised: 1/2007; 8/2007, 5/22/09, 10/12, 1/16 Original: 6/2003

PURPOSE
The purpose of a Special Investigation is to provide a thorough investigation of abuse and/or neglect allegations utilizing appropriate expertise while preventing conflict of interest issues. The special investigation alleviates ethical and boundary violations through a structured internal investigation decision making process.
1. Referrals appropriate for Special Investigations A Special Investigation shall be assigned if the allegations meet the criteria of the investigation track¹and allegations are made regarding:
  1. Child(ren)/youth who are the Department of Family Services’ (DFS) custody.
  2. Child(ren) who are in a state-certified child day care facility.
  3. Child(ren)/youth who are in a state-certified residential facility (see Facility Special Investigation Policy)
  4. DFS employees or certified foster homes/parent(s).
  5. Child(ren)/youth who are in the Wyoming Boys’ School or Wyoming Girls’ School.
  6. Child(ren)/youth and/or vulnerable adults regarding issues involving DFS personnel, law enforcement, medical employees, school staff and/or prominent community members which the district manager believes may warrant a special investigation.

PROCEDURE
1. District Manager’s Responsibility
  1. When a referral is made to DFS concerning alleged vulnerable adult (APS) or child (CPS) protection matters that may require a special investigation, the district manager or designee shall determine whether the referral meets the applicable statutory definitions of abuse and/or neglect, abandonment or exploitation.
    1. The DFS field office district manager or designee shall determine if an immediate response is necessary for the safety of the person(s) involved. An immediate response is necessary for a child(ren)/youth in DFS physical and legal custody having a physical injury. If an immediate response is necessary, the DFS field office shall take immediate and appropriate action to ensure the safety of all individuals involved. At this time the APS/CPS Pamphlet (APS-3N/SS-3N) may be provided.
    2. The local office shall initiate a face-to-face safety assessment within twenty-four (24) hours of receipt of the referral.²
    3. The local office receiving the referral shall be responsible for entering and forwarding any necessary information into the DFS Data System, as well as providing support and logistical assistance to the assigned special investigation teams.
  2. The district manager shall make contact with the Services Administrator, Analyst/designee within twenty-four (24) hours of receipt of the referral to discuss whether the referral shall be designated a Special Investigation.
    1. The district manager shall notify the Services Administrator or Analyst/designee of a critical incident involving a child/youth major injury or fatality immediately and the field office shall follow the Child Major Injury/Fatality Review Team Policy or if an adult, follow APS policy.
    2. The district manager shall make contact with staff responsible for foster home coordination of all accepted and rejected referrals involving DFS certified foster homes in his/her district within twenty-four (24) hours of receipt of the referral.
    3. The district manager shall make contact with the appropriate human resource manager within twenty-four (24) hours of receipt of a referral involving a DFS employee as the subject of an allegation.
    4. For an incident involving the Wyoming Boys’ School or the Wyoming Girls’ School, contact is to be made to the Services Administrator.
  3. In consultation with the district manager:
    1. The Services Administrator or Analyst/designee shall contact the lead attorney general within forty-eight (48) hours of receipt of the referral via phone contact and/or email. The Attorney General’s office shall act as a liaison throughout the course of the case.
    2. The district manager, Services Administrator and/or Analyst/designee, the Lead Attorney General, and other appropriate division staff shall act as the Administrative Group.
    3. For allegations involving a juvenile facility, notification shall be made to the appropriate district manager. For allegations involving a state certified child day care facility, Child Care Licensing shall be notified.
2. Administrative Group Responsibilities
  1. The Administrative Group shall:
    1. Discuss specific issues and concerns;
    2. Discuss the allegations;
    3. Set parameters for the investigation;
    4. Appoint a special investigator or team and name a team leader; and
    5. Provide information about the discussions regarding the allegations, issues/concerns and parameters to the team leader.
3. Investigator/ Investigation Team Responsibilities
  1. The team leader shall meet with other team members to clarify goals and develop strategies for the investigation, including how to conduct interviews in the least disruptive manner while ensuring a thorough evaluation of all identified issues. The investigation plan shall be initiated and documented. The investigation team shall provide regular updates to the administrative group on the status of the investigation.
  2. The investigator and/or team leader shall follow all other applicable notification procedures outlined in the Investigation Track Policy (APS/CPS), including providing the APS-2/SS-2 to all appropriate parties. The investigator and/or team shall follow the investigation policy;
    1. Once the investigator and/or team leader determines the goals of the investigation have been met and that facts relevant to all issues have been adequately collected, the special investigation team shall meet with the district manager from the jurisdiction where the incident occurred and may contact the administrative group to discuss the investigation and recommendations for the allegation findings;
    2. The team shall provide the Special Investigation Report (APS-17C/SS-17C) to the SD Analyst/designeewith the investigation summary and recommendations.
4. Conclusion of the Special Investigation
  1. The SD Analyst/designee shall send the Special Investigation Report (APS-17C/SS-17C) to the administrative group and the DFS lead counsel from the AG’s office. A meeting will be arranged by the SD Analyst/designee for the administrative group and the investigative team to review the investigation and report.
  2. The investigator, their supervisor, the district manager and the Services Administrator shall approve the report and recommendations before the Notice of Conclusions (APS-5/SS-5) are sent to appropriate parties.
  3. District managers are responsible for ensuring that all notifications are carried out in a manner consistent with the intent of the findings and any applicable rules or laws.

¹Wyoming Statute 14-3-204/35-20-103; CPS Rules/APS Rules
² APS Rules, Chapter 2, Section 2 /CPS Rules, Chapter 2, Section 2

1.3.5 Licensed Facility Special Investigations

WYOMING DEPARTMENT OF FAMILY SERVICES	CHAPTER: Child Protection Services POLICY: Licensed Facility Special Investigations POLICY NUMBER: 1.3.5
EFFECTIVE DATE: January 15, 2016	Current: 1/2016 Revised: Original:1/16

Purpose
The purpose of a Facility Special Investigation is to provide a thorough investigation of abuse and/or neglect allegations within a 24 hour congregate care facility licensed by the Department of Family Services (DFS). This policy shall be used in the following circumstances:
1. There is an allegation of abuse and/or neglect that occurred or is occurring in a 24 hour congregate care facility;
2. An assessment is conducted pursuant to current policy that uncovers possible abuse and/or neglect in a 24 hour congregate care facility;
3. A 24 hour congregate care facility exhibits a pattern of behavior that warrants a new assessment to determine if the pattern of behavior constitutes abuse and/or neglect; or
4. Information is discovered during a licensing investigation or inquiry that uncovers possible abuse and/or neglect in a 24 hour congregate care facility.
Procedures
1. Facility Special Investigators
  1. Designated DFS child protection caseworkers (CP) and facility licensors shall be selected by the division administrator, acquire specialized knowledge in conducting facility investigations and investigations of abuse and/or neglect in facilities, and be the Agency’s facility special investigators.
    1. Facility special investigators shall investigate allegations of child abuse and/or neglect in 24 hour congregate care facilities pursuant to Section A of this policy.
    2. Facility special investigators will be assigned to cover specific facilities and/or areas of the state.
    3. For each referral for investigation, one CP and one licensing special investigator shall be assigned based on geographic location of the incident and shall be the facility special investigators for the incident referral and investigation. If an assigned facility special investigator is unable to respond to and/or investigate the incident due to their absence from work, an alternate special investigator may be assigned.
2. Incident Referrals
  1. Referrals made to an on-call caseworker: The worker shall respond pursuant to local practice and existing Agency policy, conduct a Safety Assessment, enter an “Intake” in WYCAPS pursuant to intake policy, and notify the designated licensing facility special investigator the next day.
  2. Referrals received by local child protection caseworkers or licensors during working hours: The local worker shall respond pursuant to local practice and existing Agency policy, conduct a Safety Assessment, enter an “Intake” in WYCAPS pursuant to intake policy, and notify the designated facility special investigator immediately.
  3. Critical Incident Reports (CIR) received by the state licensing program manager: The licensing program manager shall notify the local field office in the area in which the facility is located, and the local field office shall ensure a Safety Assessment is completed pursuant to local practice and Agency policy. The local worker conducting the Safety Assessment shall enter an “Intake” in WYCAPS pursuant to intake policy, and notify the designated facility special investigator immediately.
  4. CIRs received by a local DFS field office: A worker shall conduct a Safety Assessment pursuant to local practice and Agency policy, enter an “Intake” in WYCAPS pursuant to intake policy, and notify the state licensing program manager and designated facility special investigator within 24 hours.
  5. Law enforcement receives a referral or CIR: Law enforcement should notify the DFS local office of a referral or CIR within 48 hours. A worker shall conduct a Safety Assessment pursuant to local practice and Agency policy, enter an “Intake” in WYCAPS pursuant to intake policy, and notify the state licensing program manager and designated facility special investigator within 24 hours.
3. Investigation Determination and Process
  1. Upon receiving notification of a facility special investigation referral, the licensing facility special investigator shall notify the state facility special investigation coordinator and the CP facility special investigator assigned to the facility or geographical location in which the facility is located. The designated licensing and CP facility special investigators shall be considered the facility special investigative team.
    1. The licensing facility special investigator shall also notify the district manager for the district in which the facility is located of the referral and/or incident in the facility to inform the district manager of the facility special investigative team who will lead the response.
    2. The CP facility special investigator shall notify their direct supervisor of the referral tomake the supervisor aware of the CP facility investigator’s work priority in the facility special investigation.
  2. The facility special investigative team shall jointly determine whether the incident or referral warrants a full facility special investigation. The facility special investigative team may consult with other persons or entities to gather information to make this determination but may not engage in an actual investigation until a formal investigation has been initiated.
    1. If the facility special investigative team determines that an abuse and/or neglect issue is not present, the licensing facility special investigator shall follow licensing policy, rules, and statute to determine further course of action independent from a facilities special investigation.
    2. If the CP facility special investigator conducts an onsite visit of the facility or consults with the licensing facility special investigator to evaluate whether an abuse and/or neglect issue is present and to determine whether an investigation is warranted, but determines that an abuse and/or neglect concern is not present, the CP facility special investigator shall enter narrative into the WYCAPS incident that was assigned at the time of the Safety Assessment. The narrative shall explain the situation and reasoning for no abuse and/or neglect issue(s) being found. The CP facility special investigator shall close the incident without assigning the incident to a track.
  3. Investigation track:
    1. With the determination that a facilities special investigation shall commence, the CP facility special investigator shall assign the WYCAPS incident that was opened at the time of the Safety Assessment to the investigation track.
    2. The CP facility special investigator and social services supervisor located in thegeographical area in which the facility is located shall sign and deliver the Statement of Child Abuse / Neglect Allegations (F- SS-2) to the person(s) being investigated.
    3. The facility special investigative team shall conduct a thorough onsite investigation of the facility in which the incident occurred, including but not limited to the facility itself, employees or individuals involved in the incident, and management and operations of the facility.
    4. Investigation timelines shall follow the timelines established by licensing and child protection statutes, rules, and policy.
    5. During the course of a facilities special investigation, the investigative team, state facility special investigations coordinator, and state licensing program manager shall engage in conference calls scheduled no less frequently than weekly.
    6. At the conclusion of the investigation, the investigative team shall complete the Facilities Special Investigation Report (F-SS-17b).
  4. Assessment track:
    1. With the determination that the incident referral does not warrant an investigation but needs to be followed as an assessment, the CP facility special investigator shall assign the WYCAPS incident that was opened at the time of the Safety Assessment to the assessment track, and turn the referral over to the local field office in which the facility is located to work the incident as an assessment. The local office shall follow child protection statutes, rules, and policy regarding the assessment track process.
    2. If at any time during the assessment track information is discovered that warrants an investigation, the worker shall notify the worker’s direct supervisor, and the supervisor shall immediately notify the designated CP facility special investigator. The CP facility special investigator shall contact the designated licensing special investigator to reinitiate the facilities special investigative team, and shall follow the investigation track structure in Section B. 3. c.
4. Investigation Conclusion: Investigation Panel
  1. At the conclusion of an investigation, the facility special investigative team shall present information contained in the F-SS-17b and any additional necessary information to an investigative panel (Panel) for the Panel to make a determination of incident substantiation or unsubstantiation regarding abuse and/or neglect allegations.
    1. Information shall be presented in an objective fashion with enough details to allow the Panel to make a finding. This includes the disclosure of information that both lends to a conclusion of substantiation and unsubstantiation regarding abuse and/or neglect allegations.
    2. After objective information is presented to the Panel, each member of the facilities investigative team and the district manager for the district in which the facility is located shall make a recommendation to the Panel for substantiation or unsubstantiation of abuse and/or neglect allegations, and provide reasoning for the recommendation.
    3. The Panel shall make the final determination of substantiation or unsubstantiation of abuse and/or neglect allegations by majority vote. Any dissenters to the majority vote should be noted in the WYCAPS narrative.
    4. The district manager shall sign the Notice of Conclusions (F-SS-5) on behalf of the Panel and deliver the F-SS-5 and Voluntary Statement (F- SS-6) documents to the required parties.
  2. Panel composition: The Panel shall consist of, at a minimum, the division administrator or their designee, a state program manager within the division, and a district manager. The division administrator may designate additional Panel members as necessary to avoid conflicts of interest.
    1. If a district manager and/or state program manager has been actively involved in or directly assisted with the investigation, the division administrator may assign an alternate district manager and/or state program manager to sit on the Panel for the particular incident the district manager or state program manager was involved in or assisted with.
5. Appeals
  1. All requests by a substantiated perpetrator or facility for an appeal shall be addressed by existing Agency and fair hearing rules.
  2. All requests by a substantiated perpetrator for amendment from the WY Central Registry of Abuse and Neglect of Children and Vulnerable Adults shall follow existing rules and policy for amendment.

1.4 CP Shelter Care / Initial / Detention Hearing Report

WYOMING DEPARTMENT OF FAMILY SERVICES	CHAPTER: Child Protective Services POLICY: Shelter Care/Initial/Detention Hearing Report POLICY NUMBER: 1.4
EFFECTIVE DATE: January 14, 2013	Current:1/13 Revised: 4/06/1/13 Original:4/06

1. Purpose
  A shelter care or detention hearing must be held within forty-eight (48) hours, excluding weekends and holidays, of taking protective custody or detention of a minor.¹The purpose of the Shelter Care/Initial/Detention Hearing Report (F-SS120) is to provide necessary information on abuse and/or neglect, Child in Need of Supervision (CHINS), and juvenile delinquency cases to the juvenile court.
2. Procedure
  When a child(ren)/youth is removed from his/her current living arrangement, the DFS Caseworker shall notify the District/County Attorney of the child(ren)/youth removal. This removal shall occur either as a protective custody decision by law enforcement or a physician, or as detention for an illegal action or community safety issue. The DFS Caseworker shall provide the District/County Attorney, guardian ad litem or public defender, and the parent(s) or legal guardian(s) with a report that provides the following information. It is understood that some of the information may be difficult to provide within forty-eight (48) hours but attempts to locate the data shall be made by theDFS Caseworker.The Shelter Care/Initial/Detention Hearing Report shall list the following:
  1. Identifying information regarding the child(ren)/youth, family, household members, and other important people;
  2. Physical and mailing address of the family;
  3. Presenting situation;If continuation in the home would be contrary to the welfare of the child(ren)/youth and if removal from the home is in the best interest of the child(ren)/youth;
  4. Reasonable efforts that have been made to prevent the removal of the child(ren)/youth; ²
  5. Effort(s) made to contact the absent parent(s)and/or relative(s);
  6. Indian Child Welfare Act (ICWA); ³
  7. Recommendations; and
  8. Placement.

¹W.S. 14-3-409, 14-6-209 and 14-6-409
² Social Security Act/Title IV-E
³Indian Child Welfare Act (ICWA) 25 U.S.C. Section 1901 et seq. of 1978, P.L. 95-608

1.5 CP Predisposition Report

WYOMING DEPARTMENT OF FAMILY SERVICES	CHAPTER: Child Protection Services POLICY: Predisposition Reports POLICY NUMBER: 1.5
EFFECTIVE DATE: January 15, 2016	Current:1/16 Revised: 4/06, 1/13, 1/16 Original:8/99

Purpose
The purpose of a predisposition investigation is to collect information necessary and relevant for a court to formulate an appropriate dispositional order. Predisposition reports (PDR) shall be concise, factual, unbiased, and contain only information relevant to the court’s disposition decision. The report shall depict the family’s strengths and needs. ¹
Procedure
1. A PDR shall be completed seven (7) days prior to the disposition hearing, and within any time frame as ordered by the court. ² Information shall be collected from interviews with the family and collateral contacts, school and/or day care records, law enforcement agencies (criminal history), and DFS assessments and/or independent assessments.
2. The assigned DFS Caseworker shall complete the DFS PDR (F-SS121) by summarizing the significant findings of the investigation. The PDR shall be submitted to the court and Multidisciplinary Team within the time frame assigned. The report shall include recommendations for a Family Service Plan and/or the Youth Empowered Success (YES) Case Plan, as well as a recommended intervention options.
  1. The PDR shall contain the following information:³
    1. Identifying information regarding the child(ren)/youth, family, household members and other important people;
    2. Physical and mailing addresses;
    3. Judicial information;
    4. Present situation involving the child(ren)/youth and family;
    5. Education of the parents and child(ren)/youth;
    6. Employment history of caretakers and/or parents;
    7. Support system of the family and child(ren)/youth;
    8. Law enforcement contacts for any individual in the home;
    9. Service and/or Placement history;
    10. Physical, mental/emotional health and substance abuse history of all family members, including any preexisting and identified handicapping conditions;
    11. Financial conditions (child(re)/youth and parent(s) and/or caretaker(s)) and financial obligations, if the child(ren)/youth is placed;
    12. Reason(s) why remaining in the home is contrary to the welfare; ⁴
    13. Reasonable efforts made to prevent removal, including a description of the efforts to provide services to the child(ren)/youth in the home prior to placement, if placement is recommended;
    14. Efforts made to contact absent parent(s) other relatives as well as parents of a sibling of the child where such parent has legal custody of such sibling;⁵
    15. Indian Child Welfare Act (ICWA); ⁶
    16. DFS caseworker observations and recommendations:
    17. Indicate whether the placement is in or out of state; and
    18. Certification of funds.
  2. For Juvenile Court cases alleging a youth of a delinquent act or as a Child in Need of Supervision (CHINS), the PDR shall also include the following:
    1. Offense (Official and Juvenile Versions);
    2. Victim Impact Statement (if identified);
    3. Prior Offense History; and
    4. Restitution.

¹W.S. 14-3-427, 14-6-227 and 14-6-427
²W.S. 14-3-427, 14-6-227 and 14-6-427
³ W.S. 14-3-427, 14-6-227, 14-6-427 and 21-13-315(d)
⁴Social Security Act/Title IV-E
⁵42 USCA Section 671(a)(29)
⁶Indian Child Welfare Act (ICWA) 25 U.S.C. Section 1901 et seq. of 1978, P.L. 95-608

1.6 CP Case Plan

WYOMING DEPARTMENT OF FAMILY SERVICES	CHAPTER: Child Protection Services POLICY: Case Plan POLICY NUMBER: 1.6
EFFECTIVE DATE: February 1, 2017	Current: 2/2017 Revised: 8/04, 4/07, 10/09, 1/12, 11/12, 1/13, 9/15, 1/16, 2/17 Original: 6/98

Purpose
A Case Plan is a document created in partnership with the family and in collaboration with formal and informal supports. The Case Plan may be created during a family team meeting, MDT or other appropriate meeting. The Case Plan establishes measurable goals and steps that specifically address the needs of the entire family while incorporating the safety, well-being, and permanency of the child(ren)/youth. Case Plans are family centered, strengths based, individualized, culturally competent, comprehensive, reflective of community partnerships and outcome based. ¹The DFS Caseworker may use the Family Service Case Plan (F-SS9B), Family Preservation Case Plan (F-SS9C) or Juvenile Services Case Plan (F-SS-9D).
Procedure
1. Case Plans are required for all open cases. The Case Planshall be developed with the all family members. With respect to a youth who is 14 years of age or older, the case plan shall be developed in consoltation with that youth and at the option of the youth, the youth may chose two (2) members of the case planning team who will represent his/her best interest. One (1) of those members chosen by the youth may be designated to be the youth’s adviser and/or advocate with respect to the application of the reasonable and prudent parent standard. ²
  1. For non-placement cases, a Case Plan:
    1. Shall be completed within 30 days of opening a case; ³
    2. Shall be completed 30 days after adjudication or within 60 days after the case is filed (Juvenile services cases) whichever comes first;
    3. May be developed if a family will agree to services before the adjudication; and/or
    4. Is not required if the case is open less than 30 days, and there is no substantiation, and there are no services provided.
    5. Candidates for Foster Care (IV-E)
      1. For every child/youth where DFS is working with the family to prevent removal, the DFS caseworker shall make a determination as to whether or not the child(ren)/youth qualifies as a candidate for foster care.⁴
      2. A candidate for foster care is a child(ren)/youth who is at serious risk of removal from home as evidenced by:
        
        DFS pursuing his/her removal from the home; or
        
        DFS making reasonable efforts to prevent such removal.
        
        The child(ren)/youth’s Case Plan needs to clearly indicate that foster care is the planned arrangement for the child(ren)/youth unless effective preventative services are provided. Therefore, the Case Plan shall state that the child(ren)/youth is at serious risk of removal from his/her home because DFS believes a plan of action is needed to prevent that removal and reviewed/discussed at least every six (6) months.
      3. Documentation of Eligibility
        
        A checkbox provided on the Case Plan must be checked indicating that the child is at serious risk of removal from the home if case plan goals are not achieved.
        
        The DFS Caseworker shall check the appropriate box on the Case Plan maintenance screen on the DFS data system and identify which child(ren)/youth are candidates for foster care.
        
        Redetermination for candidates for foster care shall be made every six months. An alert will be generated in the DFS data system which will be sent to the caseworker during the 5th month. At that time the caseworker shall update the Case Plan as well as the DFS data system.
  2. Placement Cases. The Family Service Case Plan (F-SS9B) or Juvenile Service Case Plan (F-SS9D) shall be developed with the family, to incorporate all parent/caregiver(s), including non-custodial and/or incarcerated parent/caregiver(s), youth and children (when age appropriate) within 60 days of placement. Placement cases need to identify a Permanency Goal.⁵
    1. Visitation Plan
      1. The Notice of Visitation Planfor Family(F-SS15) shall be an on-going document that shall be addressed throughout placement to establish specific visitation requirements for parent(s), child(ren)/youth, and siblings. The Notice of Visitation Plan for Preserving Connections (F-SS15A) shall be used for other significant people, which may include maternal/paternal relatives, other members of the family, neighbors with in the child(ren)/youth have a connection and other important people in the family’s lives. ⁶
        
        The DFS Caseworker and family team shall establish the visitation schedule that best suits the family members and meet a minimum of one (1) time monthly to review progress of the Case Plan and Visitation Plan.
        
        Reasonable visitation requests shall not be denied for a child(ren)/youth in placement and his/her families unless there are identified safety risks and/or the court order directs no visitation.
        
        Contact between a child(ren)/youth in placement and his/her siblings and parent(s) should occur several times a week when appropriate, through in-person contact, telephone calls, cards, letters, parental attendance at child(ren)/youth’s activities, and at medical or counseling appointments.
        
        Alternative visitation plans may be created when safety concerns are determined by DFS and noted by the court due to substance abuse and parents are court ordered to provide negative urinalysis and cannot meet the courts expectation. The alternative plan will allow parents to maintain a relationship with the child and not comprise safety. This shall include phone calls, correspondents, video visits and supervised visits when the parent isn't intoxicated.
      2. Transportation for the family is an important part of visitation.
        
        If a child(ren)/youth is in a Medicaid funded placement, Medicaid shall pay the transportation costs of the family if it is identified in the Medicaid Treatment Plan;
        
        If a child(ren)/youth is in a Department of Family Services (DFS) funded placement, the DFS will assist in transportation when necessary, as long as the visits are described and approved in the Case and Visitation Plan(s) for the family.
      3. Visitation events shall be documented in the case file using narrative entry in the DFS data system within seven (7) days.
    2. Discharge/Transition Summary and Plan
      1. The Discharge/Transition Summary and Plan shall be developed (by the placement facility) for each child/youth, as a part of his/her Individualize Service Plan of Care (ISPC) or Individualized Treatment Plan of Care (ITPC), within 14 calendar days of placement. The DFS Caseworker shall verify the Discharge/Transition Summary and Plan was completed as part of the ISPC or ITPC and request a copy for the file.
      2. The Discharge/Transition Summary and Plan shall include placement time-line, anticipated discharge date, primary and secondary placement upon release, a summary of to what degree objectives were accomplished, and continuing care plan with referrals to other programs and/or community service providers and listing of current medications with refill dates, as appropriate.
    3. Concurrent Plan
      1. The concurrent plan shall be done simultaneously with the permanency goal and shall begin when the need for the concurrent plan is determined and identified. ⁷
      2. The plan shall state who the child(ren)/youth will be placed with and the expected legal permanent outcome if reunification efforts fail.
    4. Rights for Wyoming Foster Youth
      1. A copy of the F-SS9r shall be included with the Case Plan/ for any youth 14 years of age or older and signed by the youth as acknowledgement of receipt. ⁸
    5. Another Planned Permanent Living Arrangement (APPLA)
      1. APPLA may only be identified as a permanency plan for youth who are 16 years or older. ⁹ APPLA is only to be identified as a permanency plan when efforts for all other permanency options have been unsuccessful.
      2. Efforts shall continue to identify a Permanency plan other than APPLA and those efforts shall be on-going while the youth remains in care.
      3. Independent and Transitional Living Plan-The Independent and Transitional Living Plan (F-SS09t) shall be developed as part of the Case Plan. ¹⁰
2. In developing the Case Plan, the following shall be considered during the creation plan: ¹¹
  1. Persons who will assist in developing the plan, including the DFS Caseworker, family, family team and/or MDT members and person(s)/agency responsible for implementing the different parts of the plan and timeframes; ¹²
  2. How safety and risk factors identified through the required assessment tools will be addressed; ¹³
  3. What the presenting issue is that brought the family to the attention of DFS;
  4. The strengths and needs of the family as well as the cultural, ethnic, and family traditions;
  5. The most appropriate permanency plan and an assessment as to the need for a concurrent permanency plan and placement;
  6. Describe the services offered and provided to prevent removal of the child(ren)/youth from his/her home as well as services already in place. Identify individualized services and supports needed to meet the goals of the permanency plan and concurrent plan if applicable; ¹⁴
  7. Level and intensity of the services and supports as well as how each is measured and a method identified to determine how the goals and steps will be met;
  8. Resources needed to overcome barriers to the identified services and supports. Financial responsibility for services should be shared by other team members and community resources. DFS should be only one (1) resource of funding utilized;
  9. The case worker may use the Well-being page of the Family Service Case Plan to indicate if there are any special needs for the child(re)/youth if it is a non-placement case.
  10. The DFS Caseworker shall complete the Well-being page of the Family Service Case Plan if the child(ren)/youth is placed in out-of-home care.
    1. Child(ren)/youth shall receive an initial medical, dental and optical examination within 30 days of placement. ¹⁵
    2. Efforts shall be made to keep the child(ren)/youth in the school of origin, when the child(ren)/youth is initially placed and each time there is a change in placement, unless it is not in his/her best interest and documented in the case file. If remaining in the same school is not in the best interest of the child(ren)/youth, the DFS Caseworker shall coordinate with the school(s) to ensure the child(ren)/youth is immediately enrolled and school records are transferred in a timely basis. ¹⁶
    3. Child(ren) under the age of six (6) receiving services from DFS and involved in a case of child abuse or neglect shall be referred to agencies providing early intervention services under part C of the Individuals with Disabilities Education Act (IDEA). Child(ren) birth to six (6) years of age shall receive, or have an appointment set for an early childhood screening/assessment within 30 days of placement. ¹⁷
    4. Siblings should be placed together unless it is not in their best interest and those reasons shall be documented. ¹⁸
    5. Diligent search for absent parent and relatives shall be completed in 30 days and each shall be notified of placement. ¹⁹
    6. Assessments shall be completed on child(ren)/youth, to include the Ansell Casey.
    7. ICWA shall be addressed, if appropriate. ²⁰
3. Case Plan Distribution
  1. The DFS Caseworker shall provide a signed complete copy of the Case Plan to the parent(s), court, and attorneys within seven (7) days of development and shall file with the court no later than five (5) business days of the disposition hearing and five (5) days prior to a review hearing if an updated plan was completed.
  2. The page pertaining to foster parent(s) and placement facilities may be provided to the placement resource within seven (7) days of development.
  3. A copy of the Case Plan may be distributed to other family team members if the family gives permission.
  4. The Case Plan shall be scanned into the DFS data system and a hard copy placed in the file. ²¹
  5. Anytime the Case Plan is updated and/or modified, the changes shall be initialed or signed by the parent(s), DFS Caseworker, and child(ren)/youth (if appropriate) and dated. The changes shall be provided to all parties within seven (7) days.
4. The DFS Caseworker shall meet with the family monthly to review progress of the Case Plan in order to measure both efficiency and effectiveness of the interventions in supporting both the family and DFS goals, to include:
  1. Safety, permanency and well-being;
  2. Community protection;
  3. Family involvement;
  4. Family satisfaction;
  5. Services support and delivery;
  6. Barriers to effective service provision;
  7. Timeliness; and
  8. Cost vs. benefit.
5. The DFS Caseworker, family, family team and/or MDT shall meet quarterly to review the progress of the Case Plan and adjust it if needed to meet the needs of each family member. ²²
6. Case Plan goal updates and changes. A Case Plan shall be updated for every change in placement and document any modifications in services, schools, and/or other changes and shall be filed in the court no later than five (5) business days after such update/change.
7. Change in the Permanency Plan. A new Case Plan shall be completed when the permanency plan has been changed and shall be filed in the court no later than five (5) business days after such update/change.

¹Child Abuse Prevention Treatment Act (CAPTA) 2003 and CAPTA Re-Authorization Act 2010
² Preventing Sex Trafficking and Strengthening Families Act
³CPS Rules, Chapter 2, Sect. 7(f)
⁴ 45 CFR 1356.60: Social Security Act section 471(a)(15) and (16); DHHS Grant Appeals Board Decision No. 844
⁵ CPS Rules, Sect. 7 (f) and Adoption Safe Family Act (ASFA) 1997: AND W.S. 14-3-427(k) and/or 14-6-427(k).
⁶Fostering Connections to Success and Increasing Adoptions Act 2008 (HR 6893) 42 United States Code § 675(5)
⁷ Concurrent Planning Guide, Appendix A
⁸Preventing Sex Trafficking and Strengthening Families Act
⁹ Preventing Sex Trafficking and Strengthening Families Act
¹⁰ Fostering Connections to Success and Increasing Adoptions Act 2008 (HR 6893) 42 United States Code § 675(5)(H) & Independent and Transitional Living Plan Policy 3.4.1
¹¹ W.S. 14-3-427(f)
¹² W.S. 14-3-204(a)(vi), W.S.14-3-208(a)(ii), AND W.S. 14-3-427(f). Diligent Search Policy 2.2 and Perserrving Connections Policy 2.4
¹³Safety Assessment Policy 1.2.1 and Risk Assessment Policy 1.2.3 and Title IV-E Plan
¹⁴ Title IV-E Plan/Child and Family Services Improvement and Innovation Act
¹⁵ W.S. 14-3-208(a) (v) AND Fostering Connections 42 United States Code § 622(b)(15)
¹⁶ Title IV-E Plan/Child and Family Services Improvement and Innovation Act (2011) AND Fostering Connections to Success and Increasing Adoptions Act 2008 (HR 6893) requires Education Stability 42 United States Code 675 (1)(G)
¹⁷ Individuals with Disabilities Education Act (IDEA) and Child Abuse Prevention Treatment Act (CAPTA) AND Wyoming Statute § 14-3-204 (a)(ix).
¹⁸ Fostering Connections to Success and Increasing Adoptions Act 2008 (HR 6893) 42 United States Code § 671(a)(31)(A) and (B)
¹⁹ W.S. 14-3-208(a)(ii) AND Fostering Connections to Success and Increasing Adoptions Act 2008 (HR 6893) 42 United States Code 671(a)(29)
²⁰ 25 U.S.C. § 1902- ICWA
²¹ DFS data sytem/WYCAPS certification requires the Case plan to be in scanned into the state SACWIS.
²² W.S. 14-3-427(m

1.6.1 CP Substance Abuse Testing

WYOMING DEPARTMENT OF FAMILY SERVICES	CHAPTER: Child Protection Services POLICY: Substance Abuse Testing POLICY NUMBER: 1.6.1
EFFECTIVE DATE: June 1, 2017	Current: 6/17 Revised: 10/09, 1/13,6/17 Original: 10/09

A. Purpose: The Department of Family Services (DFS) shall establish guidelines for substance abuse screening for youth under the supervision of DFS and parent(s), legal guardian(s) and/or other person(s) under the jurisdiction of the Juvenile Court in an effort to reduce substance abuse.

B. Procedure

1. Authorization for Substance Abuse Testing.

a. All youth who are ordered to supervision may be required to submit to a urinalysis screen upon commencement of supervision by DFS and on a random basis. Parent(s) legal guardian(s) and/or other persons, shall submit to substance abuse screening if there is a valid Juvenile Court order requiring such.

2. Urine specimen collection, storage, and testing procedures.

a. The DFS Caseworker shall be cognizant of his/her own personal safety when conducting substance abuse screening. Due to the potential increased risk of assault, substance abuse testing shall only be conducted in location where another DFS Caseworker, law enforcement officer, other staff, school personnel, or any other official personnel are located nearby. The DFS Caseworker shall adhere to the following requirements while conducting substance abuse testing:

1) The youth, parents(s), legal guardian(s) and/or other persons (hereinafter referred to as subject) shall not be informed when urine specimen collections are scheduled.

2) The times when the process takes place shall be staggered so to avoid becoming predictable. Urinalysis testing may take place at any time, day or night.

3) The DFS Caseworker shall only supervise subjects of the same gender.

4) The subject shall be under constant observation at all times during the collection process.

5) The DFS Caseworker shall be responsible for ensuring the chain of custody and that the testing of urine samples is completed in accordance with this policy.

6) The DFS Caseworker shall ask the subject to fully disclose information regarding any and all prescription or over-the-counter medication that he/she is taking.

7) Prior to the subject providing a urine sample, the DFS Caseworker collecting the sample shall:

a) Positively identify the subject through the use of a photograph or recognition by another DFS staff member.

b) Have all necessary articles for collection including: vials, cups, labels, rubber gloves, roster, and required forms.

c) Ensure the urine specimen cannot be adulterated by taking precautions which may include, but not be limited to, the following:

(1) Complete a thorough inspection of the collection area.
(2) Ensure the collection site is clean, well lighted, and used solely for urinalysis testing during the collection process.
(3) Prohibit smoking or eating at the collection site.
(4) Conduct an appropriate visual search of the subject before entering the designated area where the urine specimen will be provided.
(5) Have the subject wash his/her hands prior to giving a specimen.

8) The DFS Caseworker shall wear gloves during the collection and labeling process.

b. The DFS Caseworker shall follow the procedure specified by the manufacturer of the testing equipment or by the testing laboratory, which shall include the following:

1) Give the vial or collection cup to the subject and directly observe the voiding of urine into the container. If, for whatever reason, staff does not observe the subject urinating into the cup or vial, the sample shall not be accepted.

2) If a collection cup was used in place of the vial, staff shall instruct the subject to transfer the urine from the cup into the vial.

3) Instruct the subject to cap the vial then discard the urine remaining in the cup.

4) Complete all necessary logs, chain of custody forms, information sheets, and sealing labels with the name of the subject, number, date, and the time the specimen was collected.

5) List the name of the DFS Caseworker collecting the sample.

6) List all prescription medication being taken by the subject.

7) Affix one (1) label to the side of the vial and one(1) label over the tightened cap of the vial in such a manner that it contacts both sides of the vial, thus sealing the cap to the vial.

8) Store the sample in a secure area inaccessible to the subject.

9)Urine samples shall be stored in leak proof containers.

10) Within forty-eight (48) hours after collection, the sample shall be mailed or delivered to the testing laboratory.

c. The subject may be substance abuse tested using an approved on-site urine screening procedure conducted according to the protocol approved by the manufacturer of the testing equipment. The DFS Caseworker may choose whether to use an on-site test or laboratory submittal depending on his/her Supervisor or local protocol.

1) The DFS Caseworker using on-site (presumptive) urine testing shall follow all product protocol and follow the same safety precautions as listed above.

2) All records of test results shall be made a part of the subject’s file. If there is no medical justification for the substance abuse test to be positive, the test shall be confirmed by one (1) of the following methods:

a) Submit the sample to a laboratory for confirmation.

(1) The DFS Caseworker shall instruct the subject to transfer the urine to a laboratory submittal vial.
(2)The DFS Caseworker shall follow the same procedure for laboratory submittal including but not limited to filling out the information sheet and affixing the seals.

b) The subject’s admission (written and witnessed) to the use of an illegal substance that resulted in a positive indication on the test.

3) The results of the substance abuse test shall be forwarded to the appropriate agency for determination of legal proceedings, sanction, or treatment intervention that may be warranted.

d. Inability to provide a urine sample.

1)If the subject is unable to provide a specimen immediately upon request, he/she shall remain under constant observation by the DFS Caseworker until he/she is able to provide a sample or until one (1) hour has elapsed, whichever occurs first.

2) The subject may be given eight (8) ounces of liquid to drink every hour.

3) If the subject does not provide a specimen within one (1) hour, the subject shall be considered to be refusing to submit to substance abuse testing. Refusal or failure to submit to substance abuse testing may result in sanction and/or notification to the Juvenile Court.

3. Saliva Testing and Collection.

a. The subject may be substance abuse tested using regimens that do not require the subject to supply a urine specimen. Substance abuse screening through saliva collection shall be conducted by using a screening procedure according to the protocol approved by the manufacturer of the testing equipment. The DFS Caseworker shall:

1) Direct the subject to discard any chewing gum, oral tobacco, or any other foreign object in their mouth.

2) Peel open the package and give the pad to the subject instructing him/her to not touch the absorbent portion of the pad and to directly place it in between his/her lower cheek and gum for a minimum of two (2) minutes but no longer than five (5) minutes.

3) Directly observe the subject during the collection time. If, for whatever reason, the DFS Caseworker does not observe the subject, the sample is not valid.

4) In the presence of the subject, the DFS Caseworker shall:

a) After the collection, open the vial in the upright position and direct the subject to insert the pad end into the vial using caution to not remove the blue liquid in the vial as it is necessary for the preservation of the sample.

b) Break the handle on the collection stick and discard.

c) While holding the vial, the DFS Caseworker shall instruct the subject to snap the cap onto the vial, ensuring the cap is securing affixed.

d) Complete all necessary logs, information sheets, and sealing labels with the name of the subject, number, date, and the time the specimen was collected.

e) List the name of the DFS Caseworker collecting the sample.

f) List all prescription medication being taken by the subject.

g) Affix one (1) end of the label to the side of the vial and the other end of the label over the cap of the vial in such a manner that it contacts both sides of the vial, thus sealing the cap to the vial. The DFS Caseworker shall have the subject initial and date the vial integrity seal.

h) Place the vial into the provided submittal box.

i) Affix the box security seal to both ends of the submittal box, have the subject initial, and date the box security seal.

5) The DFS Caseworker shall then place the sample in a secure area inaccessible to the subject.

6) The DFS Caseworker shall make arrangements for the transport of the sample to the testing laboratory as soon as possible in accordance with procedures required by the laboratory.

4. Portable Breath Testing.

a. Subjects shall submit to portable breath testing if there is a valid Juvenile Court order requiring such. The DFS Caseworker shall follow the breathalyzer manufacturer’s instructions for use and ensure the unit is calibrated per specifications.

1.6.2 CP Transportation

WYOMING DEPARTMENT OF FAMILY SERVICES	CHAPTER: Child Protective Services POLICY: Transportation POLICY NUMBER: 1.6.2
EFFECTIVE DATE: June 1, 2017	Current: 6/17 Revised: 10/09, 1/13, 6/17 Original: 10/09

A. Purpose

To safely transport child(ren)/youth and/or families to assist in achieving Case Plan goals and the administration of services.

B. Procedure

It is often necessary for a child(ren)/youth to be transported in order obtain services or comply with the Case Plan. The utmost caution shall be exercised while transporting a child(ren)/youth. DFS Caseworkers may transport child(ren)/youth and their families.

1. In the case that a child(ren)/youth needs to be transported by DFS, the DFS caseworker conducting the transport shall:

a. Never use personal vehicles to transport child(ren)/youth.

1) When the DFS caseworker is conducting the transport, he/she shall verify that the vehicle is in good running condition with adequate fuel.

2) The DFS caseworker shall verify that all passengers have their seatbelts securely fastened and that car seats are properly secured.

b. Conduct the transport using a minimum of two (2) DFS caseworkers with at least one (1) being of the same gender of the child(ren)/youth when the child(ren)/youth being transported is over the age of twelve.

1) A case by case exception may be made by the DFS Supervisor.

c. The DFS caseworker shall conduct a visual scan to ensure that there are no hazardous objects within reach of the child(ren)/youth.

d. Follow the State of Wyoming Vehicle Use Policies and Procedure.

e. Discuss the transportation plan and/or any safety concerns with his/her immediate supervisor.

1) For longer trips DFS caseworkers shall contact and inform his/her immediate supervisor of departure and arrival at destination.

f. Have a working and charged cellular phone whenever possible.

g. Separate males and females as best as possible when transporting multiple child(ren)/youth.

h. Activate the child and window locks on the rear doors.

i. The DFS caseworkers shall not leave the child(ren)/youth unattended and the child(ren)/youth shall remain within sight and sound of DFS caseworkers at all times..

j. Turn off and secure the vehicle prior to leaving it unattended. No child(ren)/youth should be left unattended within a vehicle.

2. When travel is required in inclement weather, the following considerations shall be made:

a. Road conditions: DFS caseworker shall not transport child(ren)/youth on roads classified by the Wyoming Department of Transportation as having “no unnecessary travel,” closed, or when the chain law is imposed on that respective section of road.

3. On a case-by-case basis, the DFS Supervisor may make exceptions in emergency situations, when not in violation of law, as long as the transport does not compromise the safety of staff, child(ren)/youth, or family.

C. Secure Transport

Child(ren)/youth who are being transported via a secure transport vehicle while mechanical restraints are in use shall be considered to be secure transports.

1. The District Manager or designee shall have approval of the use of secure transport.

2. Transports shall only be done in an agency approved secure transport vehicle.

3. When possible, notification of the use of secure transport shall be made to the Court, GAL, and District/County Attorney.

4. Secure transports to and from the WBS/WGS shall have prior authorization and coordination from the WBS/WGS Superintendent or their designee.

5. A contraband search of the transport vehicle shall be conducted directly prior to, and after the transport.

6. The DFS caseworkers shall perform a thorough search for contraband of the individual being transported prior to placing them inside the transport vehicle.

D. Mechanical Restraints. (Use of handcuffs, belly chains and leg restraints).

1. The District Manager or designee shall have approval of the use of mechanical restraints.

2. Only agency approved mechanical restraints can be used.

3. All transportation DFS caseworkers shall be trained by qualified personnel in the proper use of mechanical restraints and proper search techniques.

4. All handcuffs and leg restraints shall be checked for tightness and double locked.

5. Restroom use.

a. Child(ren)/youth shall remain within sight and sound of DFS caseworkers at all times during restroom use.

b. All but one of the child’s/youth’s hands shall remain restrained while the restroom is being used.

E. Youth That Abscond

1. If a child/youth that is being transported attempts to abscond, DFS caseworkers shall immediately contact law enforcement to advise them of the situation, identity of the child/youth, description of the child/youth and the direction of travel.

2. At no time shall DFS caseworkers attempt to apprehend or chase after the child/youth.

3. DFS caseworkers shall attempt to keep a visual of the child/youth in order to provide information to law enforcement to aid in apprehension.

1.7 Community Child Protection Teams

WYOMING DEPARTMENT OF FAMILY SERVICES	CHAPTER: Child Protection Services POLICY: Community Child Protection Teams POLICY NUMBER: 1.7
EFFECTIVE DATE: 5/1/2015	Current: 5/2015 Revised: 5/2015 Original: 5/2015

Purpose
Community Child Protection Teams are created and operated to identify or develop community resources to serve abused and neglected children within the community, to advocate for improved services or procedures for such children and to provide information and assistance to the state agency, local child protection agency and multidisciplinary teams, if a multidisciplinary team has been appointed.1 The local child protection team shall not act as a multidisciplinary team, but members of the child protection team may serve on a multidisciplinary team if appointed.^²The local Child Protection Team may:
1. Assist and coordinate with the state agency, the local child protective agency and all available agencies and organizations dealing with children;
2. Coordinate the provision of appropriate services for abused and neglected children and their families;
3. Identify training needs, sponsor training and raise community awareness of child protection issues; and
4. Assist and make recommendations of appropriate services in individual cases brought to it by DFS.
Procedure
1. Community Child Protection Teams
  1. Formation and Membership. The DFS District Manager shall assist in forming the Child Protection Team. If the DFS District Manager does not act as chair, the team may elect its own chairperson. Each community has unique needs and resources and may create the team in a way that best serves that particular community. The local child protection team shall be composed of:
    1. A member of the district attorney’s office;
    2. A designated representative from the school district(s);
    3. A representative from the local DFS field office;
    4. A representative from the county government;
    5. A representative from each city and town in the county;
    6. Domestic violence counselor/advocate
    7. Representatives from other relevant professions; and
    8. Temporary members selected for the needs of a particular case as determined by the team.
  2. Operating Policies and Activities
    1. By January 1 of each year, each Child Protection Team shall submit its Child Protection Team Plan (SS-22) to the State Child Protective Services State Office and the local field office. The SS-22 is available as an electronic template in WORD. At a minimum, the Child Protection Team Plan shall include operating policies that describe:
      1. The general composition of the team including discipline;
      2. Frequency of meetings (that shall be held at a minimum of quarterly;
      3. Public education projects and trainings presented in the previous year;
      4. Public education projects and trainings to be presented in the upcoming year;
      5. Statement of confidentiality standards for team members;
      6. Goals of the team for the upcoming year; and
      7. Gaps in community resources
    2. The Child Protection Team Plan shall reflect input from members and shall be created in partnership with the members.
2. Confidentiality and Case Review Activities
  1. Confidentiality Statement
    1. All records and proceedings of the child protection teams are confidential and subject to W.S 14-3-214. Information contained in those records shall not be disclosed to the public in any manner.
    2. A Confidentiality Agreement shall be signed by all persons who attend Child Protection Team case staffing prior to a discussion of a case. Signed Child Protection Team Confidentiality Agreements are required for all in attendance at the meeting.
    3. DFS is authorized to disclose relevant case information to the Child Protection Team members who sign a Confidentiality Agreement. Information shall be shared from cases to determine resources for the family.
  2. Maintenance/Storage of Records
    1. The chairperson shall file signed Confidentiality Agreements sequentially by date of the meeting with all other Child Protection Team documents.

Chapter 1 - Probation Services

1.1 Probation Intake

WYOMING DEPARTMENT OF FAMILY SERVICES	CHAPTER: Probation Services POLICY: Probation Intake and Case Assignment POLICY NUMBER: 1.1
EFFECTIVE DATE: September 28, 2015	Current: 9/15 Revised: 08/13/04, 10/08, 1/13, 9/15 Original:

A. Purpose

The intake process serves as the first stage of the probation process. Throughout this stage careful, detailed, and thorough work shall take place laying a foundation to make well-informed decisions throughout the life of the case. The quality and consistency of information gathered at this stage directly impacts subsequent intervention.

B. Procedure

1. Notification

The Department of Family Services (DFS) receives notification of the filing of a Delinquency or Children in Need of Supervision (CHINS) petition from the District/County Attorney and/or parent(s). Information from the petition shall be entered onto the Intake Screen in the DFS data system.

2. Gathering Information

a. The DFS Caseworker shall conduct an intake, gathering necessary information through receipt of court information and add the information into the DFS data system within seven (7) calendar days of the receipt of the report.

b. The DFS Caseworker shall check DFS records in order to obtain pertinent information, including any previous DFS involvement; and

c. DFS Supervisor shall assign the case to a DFS Caseworker after initial court hearing and/or court
order for DFS involvement.

1) The DFS Caseworker shall make collateral contacts for the purpose of collecting additional information for use in case planning.

2) The DFS Caseworker shall then use information collected to complete the Positive Achievement Change Tool (PACT). Information gathered at intake can be useful to others, such as the court, the District/County Attorney and youth’s attorney and shall serve as the foundation for the Pre-Dispositional Report and the Youth Empowered Success (YES) Case Plan. The intake may also identify issues that shall require further investigation or more clinical assessment at a later date.

d. For the protection of youth at risk of human and sex trafficking, and for identifying, documenting and determining appropriate services for such youth who the state has reasonable cause to believe are victims, or are at-risk of becoming victims of human or sex trafficking shall be screened at the earliest point after intake, or no later than 7 days of case opening. ¹

3. Contact with youth and family

a. The DFS Caseworker shall make initial contact with the youth and family within seven (7) calendar days after the initial court hearing ordering DFS involvement.

b. The DFS Caseworker may obtain consent to release information from the youth and parent(s) prior to making collateral contacts (collateral contact means obtaining information concerning a youth and/or family from a person who has knowledge of the youth and/or family situation (i.e. school employees and records, law enforcement, Benefit Specialists, medical personnel, court records, public health, mental health, and substance abuse)).

c. The DFS Caseworker shall explain that a complaint has been filed, outline the allegations of the complaint, and explain that the intake is meant to assist the youth and/or family but services are voluntary at this point.

d. The DFS Caseworker shall make services available to the youth and/or family on a voluntary basis in order to begin addressing the needs identified by the youth and/or family.

¹Preventing Sex Trafficking and Strengthening Families Act/ Human and Sex Trafficking Policy 2.9

1.2 Assessment

WYOMING DEPARTMENT OF FAMILY SERVICES	CHAPTER: Probation Services POLICY: Juvenile Services Assessment POLICY NUMBER: 1.2
EFFECTIVE DATE: June 1, 2017	Current: 6/17 Revised: 5/10, 1/13, 6/17 Original: 6/09

A. Purpose

The Juvenile Services (JS) Assessment is an evidence-based risk and needs assessment. The underlying philosophy of the JS Assessment is the reduction of recidivism and placement rates by helping youth under supervision increase personal accountability and make positive changes in his/her attitudes and behaviors, thereby adding to community protection. The JS Assessment shall be used as a guide in determining the most appropriate course of action and case planning for each youth by examining levels of risk to re-offend based on risk and protective factors. It shall also be used by the Department of Family Services (DFS) caseworker in identifying targets of intervention, monitoring youth’s progress and case management. The JS Assessment shall be used in conjunction with professional skill and judgment. The JS Full Assessment shall be used on all DFS Juvenile Services supervised cases, although the JS Risk Assessment may be completed at intake if desired.

Goals of the JS Assessment are to:

1. Identify the youth’s level of risk to re-offend, risk and protective factors, linked to criminal behavior, so the most appropriate course of action for each youth (appropriate services, length of probation, and level of supervision) can be developed.

2. Gather relevant information related to the youth, his/her family circumstances and his/her environment; allow families to identify strengths and needs to resolve issues that have become problematic; identification of natural family supports.

3. Maximize casework skills and support the role and responsibilities of the DFS caseworker from that of monitoring sanctions to that of an agent of change who models pro-social behaviors and works with the youth and his/her family to reduce the risk to re-offend.

4. Allow the opportunity to determine if targeted factors change as a result of service intervention.

B. Procedure

1. Who /Administering the Juvenile Services Assessment

a. Only individuals trained in the administration of the JS Assessment and the DFS interviewing curriculum shall administer the tool.

b. The JS Assessment includes two assessments:

1) The JS Risk Assessment (SS-119r) is a shorter assessment, used to collect a minimum amount of information for each case such as level of risk to re-offend or whether further assessment is needed.

2) The JS Full-Assessment (SS-119) includes additional information to the Pre-Assessments and shall be performed ultimately on all Probation (PB) cases open for services.

2. How

a. The DFS caseworker shall conduct an interview with the youth and family, gathering necessary information for the JS Assessment and case planning.

b. Prior to the interview, the DFS caseworker shall explain the purpose of the JS Assessment to the youth and his/her family:

1) Identify factors that place the youth at risk to re-offend;
2) Identify the areas of strength specific to the youth and family;
3) Develop a case plan targeting the areas of need;
4) Provide targeted services for the youth;
5) Monitor the youth’s success; and
6) Assist at court disposition.

c. The DFS caseworker shall perform the interview in a private setting with no interruptions and shall not complete the JS Assessment at the time of the interview, but rather take notes and complete the JS Assessment after the interview.

d. If a youth refuses to be interviewed for the intake or JS Assessment or is otherwise unable to be interviewed for any reason, the reason the JS Assessment cannot be completed shall be documented in the DFS data system narrative.

e. The DFS caseworker shall obtain consent from the youth and family and shall make collateral contacts for the purpose of verifying information received from the youth and family. The DFS caseworker shall also check DFS records in order to obtain pertinent information, including any previous DFS involvement.

f. The DFS caseworker shall use information collected at intake to complete the JS Full Assessment (although the JS Risk Assessment may completed initially if desired).

1) A complete criminal history shall be collected prior to completion of the JS Risk or Full Assessment.

2) As new delinquent offenses occur in the youth’s case, the JS Risk or Full Assessment shall be updated. In addition, when the disposition on a case changes, the criminal history and JS Risk or Full Assessment shall be updated to reflect the change. (i.e. A consent decree is ordered and the offense is dismissed following completion of the consent decree.)

3) The DFS caseworker shall ensure accuracy of the criminal and delinquent history for each juvenile into the criminal history screen.

4) After completion of the JS Assessment, the DFS caseworker shall:

a) Review any mental health report prior to meeting with the family. If any mental health report indicates that Further Assessment is indicated or if the DFS caseworker feels there is a risk to the youth;

b) Discuss the results of the assessment with the youth and family, including a summary of the major risk and protective factors, and explain that the results shall aid in the development of the case plan; and

c) Discuss concerns with the family and provide a referral of the youth to any master’s level therapist, psychologist, or psychiatrist for a clinical consult.

g. The JS Assessment can be edited (i.e. a mistake was made upon initially completing the assessment), or amended (additional information was received that changes the answers previously reported on the JS Assessment) within 30 days of the initial JS Assessment completion though an assessment shall not be edited once any dispositional recommendation has been made in the case related to that assessment.

h. A printed copy of the completed JS Assessment shall be put in the youth’s case file.

3. When

a. Completing the JS Assessment

1) For juvenile services cases in which the youth lives at home, trial home placements, independent living, foster care and specialized and therapeutic foster care and pre-adoptive/adoptive cases shall be completed as follows:

a) An intake shall be completed and entered into the DFS data system within seven (7) calendar days of the receipt of the report.

b) A JS Risk or Full Assessment shall be done at the earliest point after intake, never to exceed the first Multi Disciplinary Team (MDT) meeting or thirty (30) days after adjudication, whichever comes first. Cases assigned to supervision with the DFS shall receive the JS Full Assessment at the earliest possible point, never to exceed 30 days from case assignment. (The JS Full assessment may be completed initially, in place of the JS Risk Assessment, if desired.)

2) Cases in which the youth resides in a residential facility, secure residential facility, detention center, group home, Wyoming Boys School (WBS) or Wyoming Girls School (WGS) shall be completed as follows:

a) When a youth, in out of home placement, moves into a more restrictive level of placement (i.e. group home or above), he/she will need a JS Full Assessment completed prior to his/her placement.

b) If a youth has already been in a residential facility, secure residential facility, detention center, group home, WBS or WGS prior to DFS’ receipt of the case, a JS Full Assessment shall be completed on that youth within 30 days of case receipt, based on the previous six (6) months.

c) A JS Assessment will not be required for any youth who has been in a residential facility, secure residential facility, detention center, group home, WBS or WGS for more than three (3) months prior to the DFS’ receipt of the case.

d) Youth in residential facilities, secure residential facilities, detention centers, group homes, WBS or WGS do not require event driven or every three (3) month re-assessments.

e) When a youth returns to his/her home, or moves to a lower/lesser restrictive placement, a JS re-assessment (or initial Full Assessment if applicable) shall be completed within 60 days of the return.

f) A transfer from one residential facility, secure residential facility, group home, detention center, WBS, or WGS to another does not require a JS Assessment, unless:

(1) A youth spends more than 30 days in his/her home, trial placement, independent living, foster care, therapeutic foster care of adoptive/pre-adoptive setting between residential facility, secure residential facility, group home, detention center, WBS or WGS placements he/she will require a JS Assessment.

b. Completing the Re-Assessment

1) After the initial JS Full Assessment, a JS Full Re-Assessment shall be completed by the DFS caseworker on the case, no less than every three (3) months and when there are changes in a case that will likely result in changes to a youth’s risks or protective factors (i.e. initiation of drug use, parent’s divorce, commitment of any new offense in which a referral was received from law enforcement/prosecution).

2) The JS Full Re-Assessment shall demonstrate any significant changes on the risk/protective factors that could affect level of risk and case planning.

4. Levels of Risk

a. The DFS caseworker shall consider overriding the JS Assessment’s risk level when a youth scores low risk, but is demonstrating behavior that is a potential threat to community safety and/or safety of the youth, and warrants increased supervision. Overrides shall be done for level of supervision purposes only.

1) Approval for overrides must be obtained through a staffing with his/her supervisor or District Manager.

2) There are no changes made to the JS Assessment itself other than to document the level is risk over-ridden in the notes section of the Assessment.

3) The override shall also be documented in the DFS data system narrative.

4) Overrides are not necessary when a JS level of risk is lower but Intensive Supervised Probation is warranted due to substance abuse, extreme delinquency and sexual offenses.

5. Interstate Compact for Juveniles (ICJ)

a. Prior to the transfer of a case through ICJ, a JS Full Assessment shall be completed and included in the file for review by the receiving State. ICJ cases under supervision in the State of Wyoming from another State shall receive JS Assessments and Re-Assessments as would an original Wyoming case.

6. Case completion

a. Prior to a case closure, a JS Final Assessment shall be completed by the DFS caseworker within 30 days prior to the incident closure. Upon completion, the JS Final Assessment shall be printed and placed in the youth’s file.

7. Courtesy Supervision / Case Transfer

a. Youth cases being referred to another county for courtesy supervision or transferred for another reason shall have a JS Full Assessment completed prior to the transfer. Upon completion, the JS Full Assessment shall be printed and placed in the youth’s file.

1.3 Intensive supervision Program (ISP)

WYOMING DEPARTMENT OF FAMILY SERVICES	CHAPTER: Probation Services POLICY: Intensive Supervision Program POLICY NUMBER: 1.3
EFFECTIVE DATE: June 1, 2017	Current: 6/17 Revised: 1/13, 6/17 Original: 8/99

A. Purpose

Intensive Supervision provides the Department of Family Services (DFS) and Juvenile Courts with an alternative to out-of-home placement or incarceration, recognizing the opportunity for care and treatment within the family and community. ¹ The Intensive Supervision Program (ISP) is a balanced approach to supervision, which is designed to enhance public safety. This program will promote youth accountability, intensive treatment services and long-term behavioral change by the youth while maintaining DFS’s commitment to public safety. ISP will focus on evaluating a youth’s assets and liabilities, identifying problems and classifying risk to the community so that appropriate decisions will be made in supervision of the youth.

ISP will:

Promote public safety through increased surveillance and risk control strategies.
Focus on out-of-home placement bound youth and enhancement from traditional probation.
Promote youth accountability to the victim, the youth’s family and the community at large through restitution, supervision fees, community service, and support of family, mandatory school and/or employment, curfews, and drug and/or alcohol screening.
Promote long-term behavioral change by the youth by providing intensive services through substance abuse evaluation and/or treatment, other mental and health services, life skills groups, cognitive thinking classes, educational and/or vocational training and employment skills.

B. Procedure

1. Classification and Eligibility Criteria

a. To be eligible for ISP participation, youth must be classified as high risk and/or high need as demonstrated on the Juvenile Services Assessment (JS Assessment), and/or as deemed appropriate by a DFS ISP Caseworker, Supervisor or District Manager.

b. Polysubstance abusing youth, youth committing violent or weapon related offenses, sex offending youth and those exhibiting the need for a high level of supervision will generally be considered appropriate for ISP.

2. ISP Referral and Selection

a. Referrals for ISP may come from DFS Caseworkers, Wyoming Boys’ School (WBS), Wyoming Girls’ School (WGS), and/or Juvenile Court.

1) DFS Caseworker Referral

a) During the Predisposition Report (PDR) process the DFS Caseworker conducting the investigation may staff potential ISP cases with other DFS ISP Caseworkers.

b) DFS ISP Caseworker shall assess overall suitability based on criteria and available space.

c) If accepted, the DFS Caseworker conducting the investigation shall inform the court of the youth’s appropriateness for ISP. The recommendation shall also be made at the youth’s Multi-Disciplinary Team (MDT) meeting.

d) The DFS Caseworker may also recommend youth for enhancement from standard probation to ISP. The DFS ISP Caseworker shall assess the youth’s overall suitability based upon criteria, available space, likelihood of the youth’s success in ISP and the JS Assessment.

2) WBS, WGS or other Out-of-Home Placement Referral

a) If deemed eligible, a youth may be placed into ISP following release from out-of-home placement based on a recommendation by placement staff and/or the DFS Caseworker. ISP offers an opportunity for early release from placement with increased levels of community supervision and resources.

b) DFS ISP Caseworker shall assess overall suitability based on program criteria, which includes completion of the JS Assessment, available space, the likelihood of the youth’s success in the program and the viability of the release plan.

3) Juvenile Court. By order of the court, a youth may be placed on ISP.

3. Program Capacities

a. Availability shall be determined by each local office, depending on case load size of each DFS ISP Caseworker.

4. Orientation/Intake

a. If the case is being transferred from one (1) DFS Caseworker to another at the time the youth is placed on ISP, the file shall be provided to the DFS ISP Caseworker within two (2) business days.

b. The orientation/intake process shall take place within five (5) days following the youth’s acceptance/arrival. To complete the orientation/intake process the DFS ISP Caseworker shall:

1) Complete the JS Assessment if not already done.

2) Review and sign the ISP Agreement (F-SS113).

3) Explain and answer questions regarding program levels, intermediate sanctions, rewards, weekly schedules and curfews.

4) Take a photograph of the youth for the file.

5) Ensure the youth signs the Release of Information forms for all appropriate services, including but not limited to, treatment and/or counseling, school, and employment.

6) Explain the use of electronic monitoring equipment and that it is optional unless ordered by the court.

7) Ensure the youth submits a list of all persons residing in his/her home, and any additional individuals who may visit the home. The lists shall be subject to DFS ISP Caseworker’s approval.

8) The DFS ISP Caseworker shall make referrals to other agencies for evaluations or services, to include specific time frames for initial contact.

5. ISP Agreement

a. All youth placed on ISP shall sign the ISP Agreement and ISP Schedule/Curfew Restrictions and Allowances (117a, 117b, and 117c) for each level. ²

b. The DFS ISP Caseworker shall read and review the ISP Agreement with each ISP youth, and shall witness his/her signature within five (5) days of the youth’s acceptance/arrival. A copy of the signed ISP Agreement and court order shall be provided to the youth and placed in the file.

6. Supervision Levels and Contacts

a. ISP may be approximately 270 days, consisting of three (3) levels of 90 days each.

1) Level 1

a) The DFS ISP Caseworker shall meet face-to-face with the youth a minimum of eight (8) times per month, which may include home visits, school visits, employment visits, and office visits.

b) The DFS ISP Caseworker shall make monthly collateral contacts as necessary, which shall include, but are not limited to, school staff, employers, counselors, and family members.
c) Youth shall be subject to random urinalysis tests as deemed necessary by the DFS ISP Caseworker. Random Breathalyzer tests shall be done as deemed necessary by the DFS ISP Caseworker.

d) Curfew will be set and monitored by the DFS ISP Caseworker.

e) ISP youth shall prepare a weekly schedule detailing school hours, work hours, all counseling appointments, ISP groups, and personal activities. Youth are limited to six (6) hours of unsupervised/free time.

2) Level 2:

a) The DFS ISP Caseworker shall meet face-to-face with each youth a minimum of six (6) times per month, which may include home visits, school visits, employment visits, office visits, and surveillance.

b) The DFS ISP Caseworker shall make monthly collateral contacts as necessary, which shall include, but are not limited to, school staff, employers, counselors, and family members.

c) Youth shall be subject to random urinalysis tests as deemed necessary by the DFS ISP Caseworker. Random Breathalyzer tests shall be performed as deemed necessary by the DFS ISP Caseworker.

c) Curfew shall be set and monitored by the DFS ISP Caseworker.

3) ISP youth shall be given increased access to the community but activities shall be meaningful and serve a specific purpose. All activities shall appear on this/her weekly schedule and include only those approved by the DFS ISP Caseworker.

3) Level 3:

a) The DFS ISP Caseworker shall meet face-to-face with youth a minimum of four (4) times per month, which may include home visits, school visits, employment visits and surveillance.

b) The DFS ISP Caseworker shall make monthly collateral contacts as necessary, which shall include, but are not limited to, school staff, employers, counselors and family members.

c) Youth shall be subject to random urinalysis tests as deemed necessary by the DFS ISP Caseworker. Random Breathalyzer tests done as deemed necessary.

d) Curfew shall be set and monitored by the DFS ISP Caseworker.

4) ISP youth shall fill out the Resident/Visitors List (F-SS116). A copy of the perspective visitor’s driver’s license (or some form of photo identification) shall be provided to DFS ISP Caseworker in order to run a local records check. Based on the individual’s record check, visitation will be approved or denied. The DFS ISP Caseworker shall determine visitation allowance based on youth’s compliance with each level.

5) The length of ISP shall be extended when a youth regresses to a lower level of supervision. The amount of time spent at that lower regressed level shall be added to the duration of the program.

6) After the youth has completed a supervision level (including any extensions due to regression) the DFS ISP Caseworker may move the youth to the next level of the program or keep the youth at his/her current level for an additional 30 days. The DFS ISP Caseworker shall staff the case with his/her Supervisor prior to the decision.

b. Only youth who successfully move through Levels 1 through 3 shall be considered for transfer to traditional probation supervision or released from probation.

7. Violations

a. All violations shall be investigated immediately and action determined by the DFS ISP Caseworker and reported to the court.

8. Electronic Monitoring

a. Electronic Monitoring equipment shall be available for DFS ISP Caseworker to use at his/her discretion.

b. The DFS ISP Caseworker may place youth on electronic monitoring due to the level of risk they pose to the community when they are initially placed under ISP. If the ISP youth is not placed under electronic monitoring upon his/her commencement, the DFS ISP Caseworker may also utilize electronic monitoring, in lieu of revocation, as an intermediate sanctioning option when violations of program rules occur.

c. When using electronic monitoring, youth shall sign the Electronic Monitoring Program Contract (F-SS112).

9. Youth School/Employment

a. The ISP Youth shall attend school and/or work full time (35-40 hours per week) throughout the duration of ISP. Any variation to full time student or full time employment status shall be considered by the DFS ISP Caseworker on an individual basis.

¹ W.S. 14-6-309 through 314
² W.S. 14-6-310

1.4 PB Shelter Care/Initial/Detention Hearing Report

WYOMING DEPARTMENT OF FAMILY SERVICES	CHAPTER: Probation Services POLICY: Shelter Care/Initial/Detention Hearing Report POLICY NUMBER: 1.4
EFFECTIVE DATE: January 14, 2013	Current:1/13 Revised: 4/06/1/13 Original:4/06

A. Purpose

A shelter care or detention hearing must be held within forty-eight (48) hours, excluding weekends and holidays, of taking protective custody or detention of a minor. ¹ The purpose of the Shelter Care/Initial/Detention Hearing Report (F-SS120) is to provide necessary information on abuse and/or neglect, Child in Need of Supervision (CHINS), and juvenile delinquency cases to the juvenile court.

B. Procedure

When a child(ren)/youth is removed from his/her current living arrangement, the DFS Caseworker shall notify the District/County Attorney of the child(ren)/youth removal. This removal shall occur either as a protective custody decision by law enforcement or a physician, or as detention for an illegal action or community safety issue. The DFS Caseworker shall provide the District/County Attorney, guardian ad litem or public defender, and the parent(s) or legal guardian(s) with a report that provides the following information. It is understood that some of the information may be difficult to provide within forty-eight (48) hours but attempts to locate the data shall be made by the DFS Caseworker.

The Shelter Care/Initial/Detention Hearing Report shall list the following:

1. Identifying information regarding the child(ren)/youth, family, household members, and other important people;
2. Physical and mailing address of the family;
3. Presenting situation;
4. If continuation in the home would be contrary to the welfare of the child(ren)/youth and if removal from the home is in the best interest of the child(ren)/youth; ²
5. Reasonable efforts that have been made to prevent the removal of the child(ren)/youth;
6. Effort(s) made to contact the absent parent(s)and/or relative(s);
7. Indian Child Welfare Act (ICWA);³
8. Recommendations; and
9. Placement.

¹ W.S. 14-3-409, 14-6-209 and 14-6-409
² Social Security Act/Title IV-E
³Indian Child Welfare Act (ICWA) 25 U.S.C. Section 1901 et seq. of 1978, P.L. 95-608

1.5 PB Predisposition Report

WYOMING DEPARTMENT OF FAMILY SERVICES	CHAPTER: Probation Services POLICY: Predisposition Reports POLICY NUMBER: 1.5
EFFECTIVE DATE: January 15, 2016	Current:1/16 Revised: 4/06, 1/13, 1/16 Original:8/99

A. Purpose

The purpose of a predisposition investigation is to collect information necessary and relevant for a court to formulate an appropriate dispositional order. Predisposition reports (PDR) shall be concise, factual, unbiased, and contain only information relevant to the court’s disposition decision. The report shall depict the family’s strengths and needs. ¹

B. Procedure

1. A PDR shall be completed seven (7) days prior to the disposition hearing, and within any time frame as ordered by the court. ² Information shall be collected from interviews with the family and collateral contacts, school and/or day care records, law enforcement agencies (criminal history), and DFS assessments and/or independent assessments.

2. The assigned DFS Caseworker shall complete the DFS PDR (F-SS122) by summarizing the significant findings of the investigation. The PDR shall be submitted to the court and Multidisciplinary Team within the time frame assigned. The report shall include recommendations for a Family Service Plan and/or the Youth Empowered Success (YES) Case Plan, as well as a recommended intervention options.

a. The PDR shall contain the following information:³

1) Identifying information regarding the child(ren)/youth, family, household members and other important people;
2) Physical and mailing addresses;
3) Judicial information;
4) Present situation involving the child(ren)/youth and family;
5) Education of the parents and child(ren)/youth;
6) Employment history of caretakers and/or parents;
7) Support system of the family and child(ren)/youth;
8) Law enforcement contacts for any individual in the home;
9) Service and/or Placement history;
10) Physical, mental/emotional health and substance abuse history of all family members, including any preexisting and identified handicapping conditions;
11) Financial conditions (child(re)/youth and parent(s) and/or caretaker(s)) and financial obligations, if the child(ren)/youth is placed;
12) Reason(s) why remaining in the home is contrary to the welfare; ⁴
13) Reasonable efforts made to prevent removal, including a description of the efforts to provide services to the child(ren)/youth in the home prior to placement, if placement is recommended;
14) Efforts made to contact absent parent(s) other relatives as well as parents of a sibling of the child where such parent has legal custody of such sibling; ⁵
15) Indian Child Welfare Act (ICWA); ⁶
16) DFS caseworker observations and recommendations:
17) Indicate whether the placement is in or out of state; and
18) Certification of funds.

b. For Juvenile Court cases alleging a youth of a delinquent act or as a Child in Need of Supervision (CHINS), the PDR shall also include the following:

1) Offense (Official and Juvenile Versions);
2) Victim Impact Statement (if identified);
3) Prior Offense History; and
4) Restitution

¹W.S. 14-3-427, 14-6-227 and 14-6-427
²W.S. 14-3-427, 14-6-227 and 14-6-427
³W.S. 14-3-427, 14-6-227, 14-6-427 and 21-13-315(d)
⁴Social Security Act/Title IV-E
⁵42 USCA Section 671(a)(29)
⁶Indian Child Welfare Act (ICWA) 25 U.S.C. Section 1901 et seq. of 1978, P.L. 95-608

1.6 PB Case Plan

WYOMING DEPARTMENT OF FAMILY SERVICES	CHAPTER: Probation Services POLICY: Case Plan POLICY NUMBER: 1.6
EFFECTIVE DATE: February 1, 2017	Current: 2/2017 Revised: 8/04, 4/07, 10/09, 1/12, 11/12, 1/13, 9/15, 1/16, 2/17 Original: 6/98

A. Purpose

A Case Plan is a document created in partnership with the family and in collaboration with formal and informal supports. The Case Plan may be created during a family team meeting, MDT or other appropriate meeting. The Case Plan establishes measurable goals and steps that specifically address the needs of the entire family while incorporating the safety, well-being, and permanency of the child(ren)/youth. Case Plans are family centered, strengths based, individualized, culturally competent, comprehensive, reflective of community partnerships and
outcome based. ¹ The DFS Caseworker may use the Family Service Case Plan (F-SS9B), Family Preservation Case Plan (F-SS9C) or Juvenile Services Case Plan (F-SS-9D).

B. Procedure

1. Case Plans are required for all open cases. The Case Plan shall be developed with the all family members. With respect to a youth who is 14 years of age or older, the case plan shall be developed in consoltation with that youth and at the option of the youth, the youth may chose two (2) members of the case planning team who will represent his/her best interest. One (1) of those members chosen by the youth may be designated to be the youth’s adviser and/or advocate with respect to the application of the reasonable and prudent parent standard. ²

a. For non-placement cases, a Case Plan:

1) Shall be completed within 30 days of opening a case; ³

2) Shall be completed 30 days after adjudication or within 60 days after the case is filed (Juvenile services cases) whichever comes first;

3) May be developed if a family will agree to services before the adjudication; and/or

4) Is not required if the case is open less than 30 days, and there is no substantiation, and there are no services provided.

5) Candidates for Foster Care (IV-E)

(1) For every child/youth where DFS is working with the family to prevent removal, the DFS caseworker shall make a determination as to whether or not the child(ren)/youth qualifies as a candidate for foster care. ⁴

(2) A candidate for foster care is a child(ren)/youth who is at serious risk of removal from home as evidenced by:

i. DFS pursuing his/her removal from the home; or

ii. DFS making reasonable efforts to prevent such removal.

iii. The child(ren)/youth’s Case Plan needs to clearly indicate that foster care is the planned arrangement for the child(ren)/youth unless effective preventative services are provided. Therefore, the Case Plan shall state that the child(ren)/youth is at serious risk of removal from his/her home because DFS believes a plan of action is needed to prevent that removal and reviewed/discussed at least every six (6) months.

(3) Documentation of Eligibility

i. A checkbox provided on the Case Plan must be checked indicating that the
child is at serious risk of removal from the home if case plan goals are not
achieved.

ii. The DFS Caseworker shall check the appropriate box on the Case Plan maintenance screen on the DFS data system and identify which child(ren)/youth are candidates for foster care.

iii. Redetermination for candidates for foster care shall be made every six months. An alert will be generated in the DFS data system which will be sent to the caseworker during the 5th month. At that time the caseworker shall update the Case Plan as well as the DFS data system.

b) Placement Cases. The Family Service Case Plan (F-SS9B) or Juvenile Service Case
Plan (F-SS9D) shall be developed with the family, to incorporate all parent/caregiver(s), including non-custodial and/or incarcerated parent/caregiver(s), youth and children (when age appropriate) within 60 days of placement. Placement cases need to identify a Permanency Goal. ⁵

1) Visitation Plan

a) The Notice of Visitation Plan for Family (F-SS15) shall be an on-going document that shall be addressed throughout placement to establish specific visitation requirements for parent(s), child(ren)/youth, and siblings. The Notice of Visitation Plan for Preserving Connections (F-SS15A) shall be used for other significant people, which may include maternal/paternal relatives, other members of the family, neighbors with in the child(ren)/youth have a connection and other important people in the family’s lives. ⁶

(1) The DFS Caseworker and family team shall establish the visitation schedule that best suits the family members and meet a minimum of one (1) time monthly to review progress of the Case Plan and Visitation Plan.

(2) Reasonable visitation requests shall not be denied for a child(ren)/youth in placement and his/her families unless there are identified safety risks and/or the court order directs no visitation.

(3) Contact between a child(ren)/youth in placement and his/her siblings and parent(s) should occur several times a week when appropriate, through in-person contact, telephone calls, cards, letters, parental attendance at child(ren)/youth’s activities, and at medical or counseling appointments.

(4)Alternative visitation plans may be created when safety concerns are determined by DFS and noted by the court due to substance abuse and parents are court ordered to provide negative urinalysis and cannot meet the courts expectation. The alternative plan will allow parents to maintain a relationship with the child and not comprise safety. This shall include phone calls, correspondents, video visits and supervised visits when the parent isn't intoxicated.

b) Transportation for the family is an important part of visitation.

(1) If a child(ren)/youth is in a Medicaid funded placement, Medicaid shall pay the transportation costs of the family if it is identified in the Medicaid Treatment Plan;

(2) If a child(ren)/youth is in a Department of Family Services (DFS) funded placement, the DFS will assist in transportation when necessary, as long as the visits are described and approved in the Case and Visitation Plan(s) for the family.

c) Visitation events shall be documented in the case file using narrative entry in the DFS data system within seven (7) days.

2) Discharge/Transition Summary and Plan

a) The Discharge/Transition Summary and Plan shall be developed (by the
placement facility) for each child/youth, as a part of his/her Individualize Service Plan of Care (ISPC) or Individualized Treatment Plan of Care (ITPC), within 14 calendar days of placement. The DFS Caseworker shall verify the Discharge/Transition Summary and Plan was completed as part of the ISPC or ITPC and request a copy for the file.

b) The Discharge/Transition Summary and Plan shall include placement time-line, anticipated discharge date, primary and secondary placement upon release, a summary of to what degree objectives were accomplished, and continuing care plan with referrals to other programs and/or community service providers and listing of current medications with refill dates, as appropriate.

3) Concurrent Plan

a) The concurrent plan shall be done simultaneously with the permanency goal and shall begin when the need for the concurrent plan is determined and identified. ⁸

b) The plan shall state who the child(ren)/youth will be placed with and the expected legal permanent outcome if reunification efforts fail.

4) Rights for Wyoming Foster Youth

a) A copy of the F-SS9r shall be included with the Case Plan/ for any youth 14 years of age or older and signed by the youth as acknowledgement of receipt.

5) Another Planned Permanent Living Arrangement (APPLA)

a) APPLA may only be identified as a permanency plan for youth who are 16 years or older. ⁹ APPLA is only to be identified as a permanency plan when efforts for all other permanency options have been unsuccessful.

b) Efforts shall continue to identify a Permanency plan other than APPLA and those efforts shall be on-going while the youth remains in care.

c) Independent and Transitional Living Plan-The Independent and Transitional Living Plan (F-SS09t) shall be developed as part of the Case Plan. ¹⁰

2. In developing the Case Plan, the following shall be considered during the creation plan:¹¹

a. Persons who will assist in developing the plan, including the DFS Caseworker, family, family team and/or MDT members and person(s)/agency responsible for implementing the different parts of the plan and timeframes; ¹²
b. How safety and risk factors identified through the required assessment tools will be addressed; ¹³

c. What the presenting issue is that brought the family to the attention of DFS;

d. The strengths and needs of the family as well as the cultural, ethnic, and family traditions;

e. The most appropriate permanency plan and an assessment as to the need for a concurrent permanency plan and placement;

f. Describe the services offered and provided to prevent removal of the child(ren)/youth from his/her home as well as services already in place. Identify individualized services and supports needed to meet the goals of the permanency plan and concurrent plan if applicable; ¹⁴

g. Level and intensity of the services and supports as well as how each is measured and a method identified to determine how the goals and steps will be met;

h. Resources needed to overcome barriers to the identified services and supports. Financial responsibility for services should be shared by other team members and community resources. DFS should be only one (1) resource of funding utilized;

i. The case worker may use the Well-being page of the Family Service Case Plan to indicate if there are any special needs for the child(re)/youth if it is a non-placement case.

j. The DFS Caseworker shall complete the Well-being page of the Family Service Case Plan if the child(ren)/youth is placed in out-of-home care.

1) Child(ren)/youth shall receive an initial medical, dental and optical examination within 30 days of placement. ¹⁵

2) Efforts shall be made to keep the child(ren)/youth in the school of origin, when the child(ren)/youth is initially placed and each time there is a change in placement, unless it is not in his/her best interest and documented in the case file. If remaining in the same school is not in the best interest of the child(ren)/youth, the DFS Caseworker shall coordinate with the school(s) to ensure the child(ren)/youth is immediately enrolled and school records are transferred in a timely basis.¹⁶
3) Child(ren) under the age of six (6) receiving services from DFS and involved in a case of child abuse or neglect shall be referred to agencies providing early intervention services under part C of the Individuals with Disabilities Education Act (IDEA). Child(ren) birth to six (6) years of age shall receive, or have an appointment set for an early childhood screening/assessment within 30 days of placement. ¹⁷
4) Siblings should be placed together unless it is not in their best interest and those reasons shall be documented. ¹⁸
5) Diligent search for absent parent and relatives shall be completed in 30 days and each shall be notified of placement. ¹⁹
6) Assessments shall be completed on child(ren)/youth, to include the Ansell Casey.
7) ICWA shall be addressed, if appropriate. ²⁰

3. Case Plan Distribution

a) The DFS Caseworker shall provide a signed complete copy of the CasePlan to the parent(s), court, and attorneys within seven (7) days of development and shall file with the court no later than five (5) business days of the disposition hearing and five (5) days prior to a review hearing if an updated plan was completed.

b) The page pertaining to foster parent(s) and placement facilities may be provided to the placement resource within seven (7) days of development.

c) A copy of the Case Plan may be distributed to other family team members if the family gives permission.

d) The Case Plan shall be scanned into the DFS data system and a hard copy placed in the file. ²¹

e) Anytime the Case Plan is updated and/or modified, the changes shall be initialed or signed by the parent(s), DFS Caseworker, and child(ren)/youth (if appropriate) and dated. The changes shall be provided to all parties within seven (7) days.

4. The DFS Caseworker shall meet with the family monthly to review progress of the Case Plan in order to measure both efficiency and effectiveness of the interventions in supporting both the family and DFS goals, to include:

a) Safety, permanency and well-being;
b) Community protection;
c) Family involvement;
d) Family satisfaction;
e) Services support and delivery;
f) Barriers to effective service provision;
g) Timeliness; and
h) Cost vs. benefit.

5. The DFS Caseworker, family, family team and/or MDT shall meet quarterly to review the progress of the Case Plan and adjust it if needed to meet the needs of each family member. ²²

6. Case Plan goal updates and changes. A Case Plan shall be updated for every change in placement and document any modifications in services, schools, and/or other changes and shall be filed in the court no later than five (5) business days after such update/change.

7. Change in the Permanency Plan. A new Case Plan shall be completed when the permanency plan has been changed and shall be filed in the court no later than five (5) business days after such update/change.

¹Child Abuse Prevention Treatment Act (CAPTA) 2003 and CAPTA Re-Authorization Act 2010
²Preventing Sex Trafficking and Strengthening Families Act
³CPS Rules, Chapter 2, Sect. 7(f)
⁴45 CFR 1356.60: Social Security Act section 471(a)(15) and (16); DHHS Grant Appeals Board Decision No. 844
⁵CPS Rules, Sect. 7 (f) and Adoption Safe Family Act (ASFA) 1997: AND W.S. 14-3-427(k) and/or 14-6-427(k)
⁶ Fostering Connections to Success and Increasing Adoptions Act 2008 (HR 6893) 42 United States Code § 675(5)
⁷ Concurrent Planning Guide, Appendix A
⁸ Preventing Sex Trafficking and Strengthening Families Act
⁹Preventing Sex Trafficking and Strengthening Families Act
¹⁰Fostering Connections to Success and Increasing Adoptions Act 2008 (HR 6893) 42 United States Code § 675(5)(H) & Independent and Transitional Living Plan Policy 3.4.1
¹¹ W.S. 14-3-427(f)
¹²W.S. 14-3-204(a)(vi), W.S.14-3-208(a)(ii), AND W.S. 14-3-427(f). Diligent Search Policy 2.2 and Perserrving Connections Policy 2.4
¹³ Safety Assessment Policy 1.2.1 and Risk Assessment Policy 1.2.3 and Title IV-E Plan
¹⁴ Title IV-E Plan/Child and Family Services Improvement and Innovation Act
¹⁵ W.S. 14-3-208(a) (v) AND Fostering Connections 42 United States Code § 622(b)(15)
¹⁶ Title IV-E Plan/Child and Family Services Improvement and Innovation Act (2011) AND Fostering Connections to Success and Increasing Adoptions Act 2008 (HR 6893) requires Education Stability 42 United States Code 675 (1)(G
¹⁷ Individuals with Disabilities Education Act (IDEA) and Child Abuse Prevention Treatment Act (CAPTA) AND Wyoming Statute § 14-3-204 (a)(ix).
¹⁸ Fostering Connections to Success and Increasing Adoptions Act 2008 (HR 6893) 42 United States Code § 671(a)(31)(A) and (B)
¹⁹ W.S. 14-3-208(a)(ii) AND Fostering Connections to Success and Increasing Adoptions Act 2008 (HR 6893) 42 United States Code 671(a)(29)
²⁰ 25 U.S.C. § 1902- ICWA
²¹ DFS data sytem/WYCAPS certification requires the Case plan to be in scanned into the state SACWIS.
²² W.S. 14-3-427(m)

1.6.1 PB Substance Abuse Testing

WYOMING DEPARTMENT OF FAMILY SERVICES	CHAPTER: Probation Services POLICY: Substance Abuse Testing POLICY NUMBER: 1.6.1
EFFECTIVE DATE: June 1, 2017	Current: 6/17 Revised: 10/09, 1/13,6/17 Original: 10/09

A. Purpose

The Department of Family Services (DFS) shall establish guidelines for substance abuse screening for youth under the supervision of DFS and parent(s), legal guardian(s) and/or other person(s) under the jurisdiction of the Juvenile Court in an effort to reduce substance abuse.