Protective and Juvenile Services Manual

1. 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.
2. 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;
               1. 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:
                1. Domestic violence in the home;
                2. Family member’s drug/alcohol use;
                3. Physical and/or mental health issues; and
                4. 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
               1. A major injury;
               2. A child(ren) under the age of six (6) years;
               3. Child(ren)/youth who are suffering from acute and untreated medical conditions;
               4. Child(ren)/youth who are in immediate need of food;
               5. 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;
               6. Bizarre punishment or torture;
               7. In addition to abuse and/or neglect, the child(ren)/youth is suicidal;
               8. Involving abandonment;
               9. Doctors and hospital emergency rooms concerning child(ren)/youth under their care;
               10. Parent(s) who state they are unable to cope and feel they will hurt or kill their child(ren)/youth;
               11. When it is likely the family may flee the area;
               12. The need for protective custody is indicated;
               13. The use or manufacture of methamphetamine;
               14. Withholding of medically indicated treatment from disabled infants with life-threatening conditions; ⁶ and/or
               15. 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
               1. Collateral contacts shall not be considered as initiating an investigation or assessment unless the referral is subsequently accepted.
               2. 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
               1. DFS data system focusing on narrative and history;
               2. DFS files;
               3. Police records (SS-32); and/or
               4. 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.
               1. 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.
                  1. Definitions
                     1. 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
                     2. 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
                  2. Tracks
                     1. 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. ¹⁴ The criteria includes:
                        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; ¹⁵
                        3. It is likely child(ren)/youth will need to be removed from his/her home;
                        4. Child(ren)/youth fatality;
                        5. Major injury; and/or
                        6. Sexual abuse.
                     2. 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
                     3. 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
                  3. 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.
               2. 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
                  1. Referrals in which the reporter can give no credible evidence or reason to suspect that abuse and/or neglect has occurred;
                  2. Referrals in which insufficient information is given to identify and/or locate the child(ren)/youth;
                  3. 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;
                  4. Referrals where the events took place more than six (6) months previous;
                  5. 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
                  6. 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.
               3. Closed Referrals. An intake may be closed as unfounded with supervisory approval.
               4. 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)
³ CPS 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)
¹² W.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)
¹⁶ W.S. 14-3-204(a)(3)(B)
¹⁷ CPS Rules Chapter 2, Section 7(e)
¹⁸ CR Rules, Chapter 2, Section 2 (f)
¹⁹ CPS Rules, Chapter 2, Section 3(h) and Section 4(m)

1. 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.
2. 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

¹ 42 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
³ Withholding Medically Indicated Treatment from Disabled Infants Appendix B
⁴ Investigation Track Policy 1.3.3
⁵ W.S. 14-3-420
⁶  Family Services Plan Policy 1.6 and Court Progress Reports and Timelines Policy 2.8

EFFECTIVE DATE: January 14, 2013

1. 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
2. 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
               1. The DFS caseworker shall contact District/County Attorney to initiate legal proceedings.
               2. The DFS shall contact and consult with Attorney General’s office.
               3. 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.

¹ W.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

The Wyoming Department of Family Services reserves the right to change the provisions of this policy at any time. Nothing in this policy limits the Director’s authority to establish or revise policy. This policy is adopted to guide the internal operations of the Wyoming Department of Family Services and does not create any legally enforceable interest or limit the Director’s or designee’s authority. 

State Authority: 

Wyoming State Statute

Child Protection Rules

Purpose:  

The purpose of this policy is to assess whether any child is likely to be in present or imminent danger, which would require 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.  

Definitions:

A Person Responsible for a Child's Welfare: The child's parent, noncustodial parent, guardian, custodian, stepparent, foster parent or other person, institution or agency having the physical custody or control of the child.

Acts of Protection: Any act by the caregiver that protected the children from harm prior to this report, that is demonstrated over a period of time.

Caregiver: A person who is responsible for children’s care, custody, or welfare. See definition for A Person Responsible for a Child’s Welfare. 

Complicating Factors: Any factor that complicates the work with the family that is not a direct harm to the children.

Danger: Credible worries or concerns that the Department  and others in the community have about actions the caregiver may take in the future that could harm the child.

Harm: Past actions by the caregiver that have hurt the children physically, developmentally, or emotionally.

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. 

 Primary Household: The home where the alleged safety threat occurred. 

Safety: Actions of protection taken by the caregiver that mitigate the danger over time. 

Safety Assessment: The process focusing on identifying threats of harm, evaluating their

potential severity, determining the imminence of the threat, and identifying what protective capacities exist in the children’s environment.

 Secondary Household: Location children  may be in with a secondary caretaker, such as a non-custodial parent or relative/kinship placement. This household shall have an informal safety assessment. 

Policy Statement:  

The Department shall abide by the requirements of a safety assessment as stated in Wyoming State Statute and Wyoming Child Protection Rules.

Policy: 

A safety assessment shall be initiated on all open cases and continue through the life of a case. 

The safety assessment and plan shall be completed with the family.  

Policy and Training Review: 

Annually review by state office staff 

Party Responsible for Policy Oversight: 

Social Services Analyst 

References and Forms:

Wyoming State Statute

Child Protection Rules

Face to Face Policy

Wyoming Practice Model:

The Wyoming Practice Model (WPM) is a solution-focused, family centered approach that uses strategies and techniques that build on the children and family’s strengths in an effort to find solutions that ensure safety, permanency, and well-being for children. The Department has integrated elements of evidence-based practices and techniques into an overall philosophy. WPM is an encompassing term for the philosophy and tools of our best practice casework. WPM aims to build, strengthen, and collaborate across professional systems and family networks to foster a family centered practice and shape the environment to help support families. 

State Authority: 

Wyoming State Statute

Child Protection Rules

Purpose:  

The purpose of the risk assessment and reassessment is to evaluate the possibility of future risk to the child(ren), guide the case planning process with the family, and guide case decisions, such as when to return a child(ren) to the home or close a case in a structured, systematic way.

Definitions:

A Person Responsible for a Child's Welfare: The child's parent, noncustodial parent, guardian, custodian, stepparent, foster parent or other person, institution or agency having the physical custody or control of the child.

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, unless the abandonment is a relinquishment substantially in accordance with W.S. 14-11-101 through 14-11-109, 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 as defined by law.

Caregiver: A person who is responsible for children’s care, custody, or welfare. See definition for A Person Responsible for a Child’s Welfare. 

Complicating Factors: Anything that complicates the work with the family that is not direct harm. 

Danger:  Credible worries or concerns that the Department  and others in the community have about actions the caregiver may take in the future that could harm the child(ren).

Emotional/Psychological Abuse: An injury to the psychological capacity or emotional stability of a child(ren) as evidenced by an observable or substantial impairment in their ability to function within a normal range of performance and behavior with due regard to their culture. 

Risk Assessments: The risk tool to be completed in the Department’s database.

Risk Reassessment: The risk reassessment tool to be completed in the Department’s database as this guides the decision on case closure. 

Harm: Past actions by the caregiver that have hurt the child(ren) physically, developmentally, or emotionally.

Homeless: A homeless person is an individual without permanent housing who may live on the streets; stay in a shelter, mission, single room occupancy facilities, abandoned building or vehicle; or in any other unstable or non-permanent situation.

Neglect: 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.

Physical Injury: Any harm to a child including but not limited to disfigurement, impairment of any bodily organ, skin bruising if greater in magnitude than minor bruising associated with reasonable corporal punishment, bleeding, burns, fracture of any bone, subdural hematoma or substantial malnutrition.

Primary Household: The home where the alleged safety threat occurred. In reference to Juvenile Probation cases this would be the home where the child(ren) primarily resides.  A formal risk assessment shall be completed on this household.

Secondary Household: Location a child(ren) may be in with a secondary caretaker, such as a non-custodial parent or relative/kinship placement. This household shall have an informal risk assessment. 

Service Provision: The set of activities and the relationships you bring into play to address safety and help the child(ren) and families control and manage their lives. Services provided should be least intrusive as possible.

Sexual Abuse: The commission or allowing the commission of a sexual offense against the child as defined by law, which includes any sexual contact, sexual intrusion or sexual exploitation of a child by parents, caretakers, siblings, or other adults or children living in the home. 

Policy Statement:  

The Department shall abide by the requirements of a risk assessment as stated in Wyoming State Statute and Wyoming Child Protection Rules.

Policy: 

The Department shall initiate a risk assessment on all open cases within 30 days of case opening. 

The risk reassessment shall be completed at a minimum of every six months from the completion of the initial risk assessment.

Policy and Training Review: 

Annually review by state office staff 

Party Responsible for Policy Oversight: 

Social Services Analyst 

References and Forms:

Wyoming State Statute

Child Protection Rules

1. 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
2. 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)
² CPS 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. 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.
2. 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.

¹ CPS 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
⁶ CPS Rules, Chapter 2, Section 3(d)
⁷ CPS 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)

WYOMING PRACTICE MODEL

The Department of Family Services’ Wyoming Practice Model (WPM) is a solution-focused, family centered approach that uses strategies and techniques that build on the children, youth and family’s strengths in an effort to find solutions that ensure safety, permanency, and well-being for children. The Department has integrated elements of evidence-based practices and techniques into its  overall case management philosophy. WPM is a term  encompassing  both the philosophy itself and tools used to support  our best practice casework. 

FEDERAL AND STATE AUTHORITY 

Child Abuse Prevention Treatment Act (CAPTA) {42 U.S.C. § 5101, et. seq}

Child Protection Act {Wyoming State Statute 14-3-201-216}

Child Protection Services Act {Wyoming State Statute 14-3-401-441}

Child Protection Rules

 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, unless the abandonment is a relinquishment substantially in accordance with W.S. 14-11-101 through 14-11-109, 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 as defined by law. {W.S. 14-3-202}

Central Registry: A statewide electronic record of persons who have been the subject of a substantiated maltreatment allegation or for whom a complaint is under investigation. The record contains the findings of the adult/child protection investigation. Entries on the Central Registry can be expunged when good cause is shown. {Child Protection Rules}

Child Care Center:  A facility in which care is provided for part of a day for sixteen (16) or more children. {Child Care Licensing Rules}

Child Care Provider (Licensed): Any person at or above the age of majority or any legal entity, who applies, qualifies for and is issued a license or a person who is providing child care without a license. {Child Care Licensing Rules}

Dedicated Special Investigator: A Department employee whose primary responsibility is to investigate cases that meet the definition of a special investigation. 

Human Trafficking:  Intentionally or knowingly recruiting, transporting, harboring or enticing a minor for the purpose of forced labor or sexual servitude. {W.S. 6-2-701 thru 707}

Imminent Danger: 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. {W.S. 14-3-202}

Neglect: 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.  {W.S. 14-3-202}

Institutional Child Abuse and Neglect: Situations of child abuse or neglect where a foster home or other public or private residential home, institution or agency is responsible for the child's welfare. {W.S.14-3-202}

Perpetrator: A person who is responsible for the abuse or neglect. {Child Protection Rules}

Person Responsible for a Child's Welfare: Includes the child's parent, noncustodial parent, guardian, custodian, stepparent, foster parent, caretaker, or other person, institution or agency having the physical custody or control of the child. {W.S. 14-3-202}

Preponderance of the Evidence: The standard of proof which is met when evidence, based on the facts, indicates that it is more likely than not the child was abused or neglected. {Child Protection Rules}

Professional Reporter: Includes medical personnel, school personnel and facilities or agencies making the report. 

Risk Assessment: A process used by the Department which considers the likelihood of subsequent abuse or neglect. The Department’s assessment of possible future danger happening to a child.  {CPS Rules, Chapter 1}

Safety: Actions of protection taken by the caregiver that mitigate the danger and are demonstrated over time. 

Safety Assessment: The process focusing on identifying threats of harm, evaluating potential severity, assessing the vulnerability of the child(ren), determining the imminence of the threat, and identifying what protective capacities exist in the child(ren)’s environment. {CPS Rules, Chapter 1}

Sexual Offense Against a Child: Includes offenses under W.S. 6-2-314 - sexual abuse of a minor in the first degree; W.S. 6-2-315 - sexual abuse of a minor in the second degree; W.S. 6-2-316 - sexual abuse of a minor in the third degree; W.S. 6-2-317 - sexual abuse of a minor in the fourth degree; W.S. 6-2-318 - soliciting to engage in illicit sexual relations; and W.S. 6-2-706 - sexual servitude of a minor (sex trafficking).

Special Investigation: Is a thorough investigation of abuse and/or neglect allegations utilizing appropriate expertise while preventing conflict of interest issues. 

Substantiated Report: Any report of child abuse or neglect made pursuant to W.S. 14-3-201 thru 14-3-216 that, upon investigation, is supported by a preponderance of the evidence. {W.S. 14-3-202}

Unsubstantiated Report: Any report of child abuse or neglect  made pursuant to W.S. 14-3-201 thru 14-3-216 that, which is determined, after an investigation, is not supported by a preponderance of the evidence. {W.S. 14-3-202}

PURPOSE  

The Department shall conduct an investigation to assess the immediate safety of the child and determine if child abuse and/or neglect occurred through a process of gathering facts, obtaining and reviewing relevant collateral information, and completing appropriate assessments to render  a finding.

POLICY 

1. Criteria and process of a Child Protection Services (CPS) Investigation
   1. The Department shall investigate and initiate services with the family of an abused or neglected child(ren) to assist in resolving problems that lead to or caused the child abuse or neglect.
   2. The Department shall cooperate, coordinate and assist with the prosecution and law enforcement agencies.
   3. The Department shall investigate allegations of abuse and neglect when it meets the definition of abuse and/or neglect and any of the following criteria:
      1. It is likely the children will need to be removed from his/her home;
      2. Child fatality;
      3. Major injury; and/or
      4. Sexual abuse.
         1. Could include a child who has been identified as a sex trafficking victim.
      5.  The Department has been notified a child has been taken into temporary protective custody by law enforcement, a physician or hospital medical staff.
      6. Cases shall also be assigned to the investigation track if it is a court involved non-placement case in which the case is adjudicated.

                4. The investigation track process shall include   the following components:  

1. 1. 1. Response Priority
      2. Investigation Plan
      3. Safety Assessment
      4. Safety Planning
      5. Statement of Allegations
      6. Interviewing
      7. Investigation Report
      8. Findings
      9. Risk Assessment
      10. Face to Face visits
      11. Services
      12. Risk Reassessment before case closure

1.  Response Priority and Investigation Plan

The Department shall initiate an investigation within twenty-four (24) hours after notification of a suspected case of child abuse or neglect, and identify possible interviews and evidence to be gathered.

2. Safety and Risk of the child(ren) and family

The Department shall assess safety and risk of the child(ren) and develop a safety plan.

• In-person contact with the child(ren) shall be conducted by the Department.

3. Statement of Allegations

The Department shall identify the allegations of abuse and/or neglect actions and notify the alleged perpetrator. 

4. Interviews

The Department shall make in-person contact with the alleged victim child(ren), non-offending parent(s) of the child(ren), witnesses to the alleged abuse/neglect and alleged perpetrator(s) to conduct interviews to gather information and evidence of the allegation(s).

1. During the initial interview with the child(ren), parent(s) and alleged perpetrator, the Department shall inform him/her that a referral has been received and the Department has a duty to ensure the child(ren) is safe and to investigate; and the investigation may involve law enforcement or the court if needed to protect the child(ren) from further abuse and/or neglect.
2. The interviews shall be conducted individually to gather information and evidence.

5. Investigation Conclusions, Report and Findings

1. The Department shall make a final determination as to whether a child(ren) was abused or neglected as soon as the investigation has been completed and no later than six (6) months of case assignment.
2. A District/County Attorney may ask the Department to delay on making a  final determination due to a pending criminal case.
3. The determination shall be based upon whether the information and evidence gathered during the investigation constitutes a preponderance of evidence of child abuse or neglect and completed in an Investigation Report.
4. Allegations must be determined to be substantiated or unsubstantiated.

Substantiated Cases

Determination of a finding is a decision made by the Department. 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. A court finding of child abuse and/or neglect shall be presumptive evidence that the report is substantiated. 

1. For an allegation to be substantiated, information and evidence gathered shall constitute a preponderance of the evidence that the child(ren) were abused and/or neglected and the following criteria shall be present:
   1. The maltreatment meets the definition of abuse and/or neglect;
   2. The perpetrator is a caretaker, meaning a person responsible for a child’s welfare; and
   3. The supervisor and district manager have reviewed the investigation report concur with the finding;
   4. Allegations where a court has accepted a criminal plea of guilty or nolo contendere (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.
2. Person(s) of substantiated cases shall be placed on the Central Registry.

Unsubstantiated Cases

In the absence of preponderance of evidence of abuse and/or neglect, the allegations and the investigation shall be unsubstantiated.  

The Department shall notify the alleged perpetrator and the child(ren)’s non-offending parent(s) the finding of the investigation. 

1. In substantiated cases, the Department shall inform the perpetrator that the findings will be documented in the Department's data system; His/her name has been entered on the Central Registry; He/she may respond in writing to the findings of the investigation and such statement will be included with the Central Registry report; and he/she may request an administrative hearing pursuant to the Department's Contested Case Hearing Procedures.

6. Services

The Department shall offer services to the family when a report is substantiated and/or the Department deems services are appropriate for the  family to ensure safety and well-being of the child(ren).

1. Any child under the age of six (6) receiving services from the Department 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.
2. When the best interest of the child requires court action, the Department shall contact the District/County Attorney to request initiation of legal proceedings and shall provide the requested documentation consistent with the practices in that jurisdiction

7.  Risk Reassessment

A Risk Reassessment shall be completed by the Department before case closure.

Special Investigation

The Department shall investigate allegations that meet the investigation criteria as well as allegations made regarding:

1. Child(ren) who is in the Department of Family Services’ (DFS) custody.
2. Child(ren) who are in a certified child care.
3. Child(ren) who are in a state-certified residential facility.
4. DFS employees or certified foster homes/parent(s).
5. Child(ren) who are in the Wyoming Boys’ School or Wyoming Girls’ School.
6. Child(ren) 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.

The Department shall follow the Investigation Track procedures which includes the following components:  

1. Response Priority
2. Investigation Plan
3. Safety Assessment
4. Safety Planning
5. Statement of Allegations
6. Interviewing
7. Investigation Report
8. Findings
9. Risk Assessment
10. Face to Face visits
11. Case Plan
12. Risk Reassessment before case closure

Facilities may be named on the Central Registry due to institutional neglect, which may include, but is not limited to abusive staff and/or policy or environmental factors, which place children at risk.

POLICY OVERSIGHT AND TRAINING REVIEW 

The Department shall review the policy annually and provide training at least every two (2) years

Change in Policy

WYOMING PRACTICE MODEL

The Department of Family Services’ Wyoming Practice Model (WPM) is a solution-focused, family centered approach that uses strategies and techniques that build on the children, youth and family’s strengths in an effort to find solutions that ensure safety, permanency, and well-being for children. The Department has integrated elements of evidence-based practices and techniques into its  overall case management philosophy. WPM is a term  encompassing  both the philosophy itself and tools used to support  our best practice casework. 

PURPOSE  

The Department shall conduct a Family Assessment on all cases for the purpose of ensuring appropriate services are provided to the identified needs and to guide the case planning process.  

 DEFINITIONS

Caretaker/caregiver-  A person who is responsible for a child’s care, custody, or welfare

Formal Assessment- This refers to the Family Assessment completed in the Department of Family Services database.  

Informal Assessment- This refers to asking questions associated with the Family Assessment and to be used during monthly face to face visits, case plan reviews, and/or secondary household. 

Primary Household- The home where the alleged safety threat occurred. In reference to Juvenile Probation cases this would be the home where the child primarily resides.  A formal safety assessment shall be completed on this household.

Secondary Household- Location a child may spend with a secondary caretaker i.e. non-custodial parent or relative/kinship placement needs to have an informal family assessment. Example: asking the child about what is occurring in this home. 

POLICY 

The Family Assessment shall be completed on all case types no later than 45 days but prior to the Predispositional Report and/or Case Plan.

The Family Assessment shall be documented in the Department’s data system. 

The results of the Family Assessment shall be used to inform the case plan and case plan goals. 

POLICY OVERSIGHT AND TRAINING REVIEW 

Annually review by state office staff 

1. 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).
2. 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:
               1. DFS pursuing his/her removal from the home; or
               2. DFS making reasonable efforts to prevent such removal.
               3. 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
               1. 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.
               2. 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.
               3. 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
               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.
            2. 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.
            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.

¹ Child Abuse Prevention Treatment Act (CAPTA) 2003 and CAPTA Re-Authorization Act 2010
² Preventing Sex Trafficking and Strengthening Families Act
³ CPS 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).
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
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
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

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.

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.

WYOMING PRACTICE MODEL

The Department of Family Services’ Wyoming Practice Model (WPM) is a solution-focused, family centered approach that uses strategies and techniques that build on the children, youth and family’s strengths in an effort to find solutions that ensure safety, permanency, and well-being for children. The Department has integrated elements of evidence-based practices and techniques into its  overall case management philosophy. WPM is a term  encompassing  both the philosophy itself and tools used to support  our best practice casework. 

PURPOSE  

The Department shall conduct a Family Assessment on all cases for the purpose of ensuring appropriate services are provided to the identified needs and to guide the case planning process.  

 DEFINITIONS

Caretaker/caregiver-  A person who is responsible for a child’s care, custody, or welfare

Formal Assessment- This refers to the Family Assessment completed in the Department of Family Services database.  

Informal Assessment- This refers to asking questions associated with the Family Assessment and to be used during monthly face to face visits, case plan reviews, and/or secondary household. 

Primary Household- The home where the alleged safety threat occurred. In reference to Juvenile Probation cases this would be the home where the child primarily resides.  A formal safety assessment shall be completed on this household.

Secondary Household- Location a child may spend with a secondary caretaker i.e. non-custodial parent or relative/kinship placement needs to have an informal family assessment. Example: asking the child about what is occurring in this home. 

POLICY 

The Family Assessment shall be completed on all case types no later than 45 days but prior to the Predispositional Report and/or Case Plan.

The Family Assessment shall be documented in the Department’s data system. 

The results of the Family Assessment shall be used to inform the case plan and case plan goals. 

POLICY OVERSIGHT AND TRAINING REVIEW 

Annually review by state office staff 

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.

¹ Child Abuse Prevention Treatment Act (CAPTA) 2003 and CAPTA Re-Authorization Act 2010
²Preventing Sex Trafficking and Strengthening Families Act
³ CPS 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)
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
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
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)

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.

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. Purpose
   The Department of Family Services (DFS) shall arrange for care and supervision of the child(ren)/youth in the most appropriate and least restrictive setting necessary to meet the child(ren)/youth's needs when a child(ren)/youth is placed in DFS physical and legal temporary protective custody.A child(ren)/youth may be taken into protective custody by a law enforcement officer, physician, physician's assistant, or nurse practitioner without a warrant or court order and without the consent of the parent(s), legal guardian(s) or others exercising temporary or permanent control over the child(ren)/youth when there is reasonable cause to believe there is imminent danger to the his/her life, health or safety. A District/County Attorney may file an emergency petition, or the DFS, a local law enforcement officer, an administrator of a hospital in which a child(ren)/youth reasonably believed to have been abused and/or neglected is being treated, or any physician, physician's assistant, or nurse practitioner who treated the child(ren)/youth may request the court for a protective order.DFS shall comply with all mandates of the federal Indian Child Welfare Act (ICWA) and the Multiethnic Placement Act (MEPA) in placement cases.
2. Procedure
   1. Voluntary
      1. A voluntary placement occurs when a parent(s) or legal guardian(s) indicates he/she is unable to care for his/her child(ren)/youth and no other placement option is available, or the parent(s) or legal guardian(s) fear he/she may abuse and/or neglect his/her child(ren)/youth.
         1. The DFS Caseworker shall meet with the parent(s) or legal guardian(s) to explain, negotiate and sign the Voluntary Placement Agreement (F-SS11) which shall include the responsibilities of the parent(s) or legal guardian(s) and DFS during the placement.
            1. This agreement can be terminated with a ten day written notice by the parent or the agency.The DFS Caseworker shall facilitate a meeting to determine appropriate Family Service Plan and/or Youth Empowered Success (YES) Case Plan goals to guide the family in preparing for the child(ren)/youth’s return to home.
      2. A voluntary placement may be provided to families for 60 days and not to exceed 180 days. The District Manager may approve an additional 60 days. The Social Services Division Administrator shall approve stays exceeding another 60 days.
      3. Child support shall be negotiated in accordance with DFS Child Support Policy as part of the voluntary placement.
      4. If the parent(s) or legal guardian(s) has medical coverage on the child(ren)/youth prior to placement, the parent must maintain the coverage. The DFS Caseworker shall process foster care medical coverage paperwork reflecting any coverage which parents provide on a voluntarily placed child(ren)/youth.
   2. Reasonable Efforts
      1. Reasonable efforts are required to prevent placement, unless documented safety issues make it inappropriate to prevent removal. Reasonable efforts include both:
         1. Provided services, and
         2. Purchased services (document in the court order, family service plans).
      2. Placement is made only when there is no other reasonable remedy available. Alternatives to state custody shall be considered when a safety plan can be developed which may include but is not limited to:
         1. Abusive parent may leave the home;
         2. The child(ren)/youth may temporarily stay with family or friends (background and safety checks shall be completed);
         3. Relatives or friends may stay with the family to protect the child(ren)/youth (background and safety checks shall be completed);
         4. Intensive family based services may ensure a reasonable degree of safety; or
      3. Work with Jill-The reasonable efforts requirement may be waived at the court’s discretionary. In circumstances where the court has found reasonable efforts to preserve or reunify with the family does not apply, it is a federal requirement to hold a permanency hearing within 30 days of the court’s finding. It may not be reasonable to provide reunification efforts when a parent(s) has a felony conviction committing one (1) of the following acts:
         1. The parent(s) has committed murder of another child of the parent;
         2. The parent(s) committed voluntary manslaughter of another child of the parent;
         3. The parent(s) aided or abetted, attempted, conspired, or solicited to commit the murder or manslaughter of a child of the parent; and/or
         4. The parent(s) committed a felony assault that resulted in serious bodily injury to the child or another child of the parent.
         5. Sexual Registry. The parent is required to register as a sex offender pursuant to W.S. 7-19-302 if the offense involved the child or another child of that parent. This shall not apply if the parent is only required to register for conviction under W.S. 6-2-201.
   3. Temporary Custody
      1. DFS is responsible for the welfare of any child(ren)/youth placed in its legal and/or physical custody. When this occurs, the DFS Caseworker shall:
         1. Accept physical custody of the child(ren)/youth;
         2. Make reasonable efforts to inform the parent(s), legal guardian(s) or other person responsible for the child(ren)/youth’s welfare;
         3. Arrange for the care and supervision of the child(ren)/youth in the most appropriate and least restrictive setting. The DFS Caseworker shall take into consideration placement in close proximity to home, with a non-custodial parent or extended relatives and/or kin, with previous foster parents, with siblings, parents of a sibling of the child, where such parent has legal custody of such sibling, and in the same school; The DFS Caseworker shall:
            1. Comply with the Multi-Ethnic/Interethnic Adoption Provisions Act;
            2. Follow procedures in Placement in a Non-Certified Home policy, when applicable;
            3. Contact the DFS Foster Care Coordinator by the next work day when a child(ren)/youth is placed in a foster home within the district.
            4. Contact and consult with the DFS Foster Care Coordinator by the next day when a child(ren)/youth is placed in a foster home in another district to ensure a good match between child(ren)/youth already in the potential foster home.
               1. Make arrangements with the local DFS field office where the foster home is located so an alternate DFS Caseworker can be assigned to work with the foster parents.
               2. When a child(ren)/youth is placed with a Child Placing Agency (CPA), the DFS Caseworker shall work with his/her Supervisor to contact the local DFS supervisor and/or foster care coordinator with the information about the child(ren)/youth to assist with services for the child(ren)/youth and child placing agency/foster family.
         4. At the time of placement, emergency information for child(ren)/youth shall be provided to the foster parent(s). DFS Caseworkers may use the Emergency Placement Information (F-SS49a).
         5. Complete the Temporary Protective Custody Form (F-SS12), Shelter Care/Initial/Detention Hearing Report (F-SS120) and/or affidavit;
            1. Provide a copy to the County Attorney/District Attorney and place in file;
         6. Initiate the investigation;
         7. Conduct the Safety and Risk Assessments;
         8. Assess the child(ren)/youth’s mental and physical health needs; and
         9. Get a picture of child(ren)/youth for file and date the photo.
         10. Develop a visitation plan for siblings who are unable to be placed in the same home.
         11. Enter all pertinent child(ren)/youth and family information into the DFS data system.
   4. Obtaining Legal Custody
      1. When the best interest of the child(ren)/youth requires court action, the DFS Caseworker shall contact the District/County Attorney to initiate legal proceedings and, if requested, shall assist during the proceedings.
         1. If court action is initiated, the court may request DFS notify the parents of the child(ren)/youth.
         2. If the District/County Attorney elects not to bring court action, DFS may petition the court, through the Attorney General’s Office, for appointment of a guardian ad litem (GAL) who shall act in the best interest of the child(ren)/youth and who may petition the court to direct the District/County Attorney to show cause why an action should not be commenced.
      2. No initial placement or change in placement shall occur without DFS approval. Placement information shall be entered in the DFS data system within seven (7) days of initial placement or a change in placement.
      3. The DFS Caseworker shall make concerted efforts to keep parent(s) informed of his/her child(ren)/youth’s safety and well-being and shall be given the opportunity to be involved in all facets of the child(ren)/youth’s care unless ordered by the court that it is not in the child(ren)/youth’s best interest or deemed inappropriate. These reasons shall be documented in the DFS data system.
      4. The DFS Caseworker shall ensure the child(ren)/youth receive prompt and appropriate attention to his/her education, mental health and health care needs.
      5. The DFS Caseworker shall identify whether a child(ren)/youth is at risk of a placement disruption and, if so, identify the steps to be taken to minimize or eliminate the risk. Appropriate supportive services shall be provided to foster parent(s) in order to minimize placement disruptions. In the case of foster parents, the services may include intensive home-based services and respite care.
      6. Within seven (7) calendar days of when child(ren)/youth is taken into custody, the DFS Caseworker shall complete the Placement Application (F-SS501A) and Report to Child Support Enforcement (DFS543).
      7. The DFS Caseworker shallstart the diligent search process for the non-custodial parent and relatives/kin as soon as the child(ren)/youth is placed in DFS custody. The DFS Caseworker shall provide verbal or written notice to relatives within 30 calendar days of placement and may use the Notice to Relative (F-SS65c).
      8. The DFS Caseworker shall provide notice of all juvenile court proceedings involving child(ren)/youth in DFS custody to parent(s), guardian(s), and substitute care provider(s). The DFS Caseworker shall also inform all entities of schedule changes, appointment cancellations including visits, court dates and other scheduled meetings as soon as changes are known.
      9. The DFS Caseworker shall develop an initial visitation plan for the child(ren)/youth and parents as well as other connections for the child(ren)/youth.
      10. The DFS Caseworker shall engage the family to develop a Family Service Plan and/or Youth Empowered Success (YES) Case Plan.
      11. DFS Caseworker, within 30 calendar days of placement, shall change payee to DFS from parent(s) if child(ren)/youth is receiving social security or veteran’s administration (VA) benefits and/or apply for any programs the child(ren)/youth may qualify for including, but not limited to:
          1. Social Security benefits;
          2. Veteran’s Administration benefits;
          3. Developmental Disability Waiver;
          4. Children’s Mental Health Waiver; and/or
          5. Individual Education Plan (IEP).
      12. The DFS Caseworker shall determine whether or not the child(ren)/youth will move with the foster parent(s) if he/she moves to another court jurisdiction and/or district within the state. The DFS Caseworker shall also:
          1. Notify the local Foster Care Coordinator if the home is moving so he/she can coordinate with the Foster Care Coordinator in the new area to transfer the foster home file and make arrangements to do a home visit and update the certification for the new home.
          2. Make appropriate notifications if child(ren)/youth is moving and make arrangements with the DFS office where the foster home is moving so an alternate DFS Caseworker can be assigned for the child(ren)/youth.
      13. In cases where placement is in a relative/kinship or foster home, DFS Caseworker shall:
          1. Have parents fill out the Child/Youth Information Form (F-SS49b) and return to the DFS Caseworker. Provide a copy to the caregiver(s).
          2. Make arrangements and/or facilitate a meeting (unless it is not in the child(ren)/youth’s best interest) between the caregiver(s) and parent(s) to discuss the child(ren)/youth’s needs, medications, health issues, likes/dislikes, current provider(s), activities, and programs child(ren)/youth is currently involved in. Make arrangements for any appointments the child(ren)/youth need which may include medical and dental exams; developmental and/or mental health assessments, screenings, and/or evaluations, so parent(s) may be involved in the appointment(s) as appropriate.
          3. Provide information to the caregiver(s) regarding the child(ren)/youth’s relative(s) and/or kin, and other connections to continue positive relationships. This information shall be shared at the time of placement, if known, or as soon thereafter as the information becomes available.
          4. Within 30 calendar days of placement, review all information they have regarding the child(ren)/youth and complete the Acknowledgment of Shared Information (F-SS49) with the caregiver(s) for each child(ren)/youth placed in his/her home. Copies shall be given to the caregiver and to the Foster Care Coordinator when placement is in a foster home. The original shall be maintained in the case file. The DFS Caseworker and caregiver(s) shall keep each other informed of any changes.
          5. Provide caregiver(s) with copies of Family Service Plans which pertain to him/her (caregiver(s) and child(ren)/youth pages) and other paperwork needed by the caregiver(s) to provide care and to be an active member of the treatment team. Inform caregiver(s) of program and staff changes (especially for child(ren)/youth in his/her care).
      14. Placement Changes
          1. The DFS Caseworker shall make every effort to provide services needed to prevent a change in placement. However, if this is not successful or possible, advance notification will allow time to plan for and support the child(ren)/youth through the transition as well as allow more time for identification and matching with an appropriate placement.
          2. Notification
             1. DFS Caseworker shall provide written notice of change of placement of the child(ren)/youth ten (10) calendar days prior to the placement change to:
                1. Court;
                2. District/County Attorney;
                3. GAL and/or child(ren)/youth attorney;
                4. Placement provider,
                5. Parent(s) Attorney; and
                6. Parent(s).
             2. If child(ren)/youth is placed in a relative/kinship or foster home, DFS Caseworker shall provide the caregiver(s) with at least fourteen (14) calendar days advance notice of plans to move a child(ren)/youth. Exceptions to the advance notice are when:
                1. The Court orders the move;
                2. There are allegations of child abuse or neglect and the child(ren)/youth appear to be in imminent danger; and/or
                3. All parties mutually agree.
             3. When placement changes are necessary, the DFS Caseworker shall ensure additional therapeutic and/or other needed services are available for caregiver(s) and his/her family and the child(ren)/youth.
             4. The DFS Caseworker shall notify other agencies and/or organizations of changes in placements, when applicable, including but not limited to:
                1. Foster Care Coordinator;
                2. Benefit Specialist;
                3. Financial Services Division (if social security payments or VA benefits redirected to DFS);
                4. Child(ren)/youth’s school(s);
                5. Public health;
                6. Child Support Enforcement;
                7. Child(ren)/youth’s physician; and/or
                8. Developmental Disability Waiver Program.
   5. Case Management
      1. On an on-going basis, the DFS Caseworker shall:
         1. Keep the parent(s) engaged and inform him/her of the child(ren)/youth’s important information including, but not limited to:
            1. Medical appointments;
            2. School meetings; and
               1. Counseling
         2. Conduct face to face visits;
         3. Update pictures of child(ren)/youth (annually or more often as needed);
         4. Write court reports and follow court timelines;
         5. Attend hearings and assure parent(s) and caregiver(s) are aware of hearings;
         6. Keep child(ren)/youth portfolio current;
         7. Develop and update visitation plans; and
         8. Determine whether or not child(ren)/youth in DFS custody is an undocumented immigrant under the age of 21. If so, he/she may qualify for Special Immigrant Juvenile Status (SIJS) and in some cases able to become lawful permanent residents. This may be his/her only opportunity to obtain legal status.
   6. Documentation. Update the DFS data system screens and narrative within seven (7) days of a contact and/or a change, adding and correcting data as it becomes available (i.e. DOB, SS#, placement and  addresses).

A. Purpose

The Department of Family Services (DFS) shall arrange for care and supervision of the child(ren)/youth in the most appropriate and least restrictive setting necessary to meet the child(ren)/youth's needs when the child(ren)/youth cannot live safely with their families. The first considerations for placement shall be with relative/kinship caregiver(s) capable of offering and demonstrating the resource of a safe, stable and appropriate home and place all siblings together unless it is not in the child(ren)’s/youth’s best interest or due to other circumstances that cannot be prevented.

B. Procedure

1. Assessment of a non-certified home prior to placement. The DFS Caseworker shall:

a. Determine for each adult living in the home that he/she does not have a substantiated case listed in the DFS Central Registry.

b. Request law enforcement to check their records to determine if there are any reasons the home should not be used for placement.

c. Walk through of the home to determine whether or not there are any safety issues. DFS may request law enforcement’s assistance, if needed or call another DFS office for assistance if the emergency placement option is in an out of county home.

d. Prior to making any decision to place a child(ren)/youth in a non-certified home, the DFS District Manager or his/her designee shall be advised of the results of the assessment listed above and give approval for the placement.

2. The DFS Caseworker shall complete the following within seven (7) calendar days from the date of placement if an emergency placement is made in a non-certified home:

a. Complete all of the background check requirements for all adults living in home.

1) Signed and completed FBI National Crime Information Center (NCID) (blue card);
2) Division of Criminal Investigation (DCI) (orange card);
3) Fingerprint cards and completed DCI Prescreen (SS-26);
4) Local Law Enforcement Background Check (SS-32) for all adult household members;
5) Also, complete a search of applicable sex offender registries and initiate central registry checks for all states where adult household members have lived in the past five (5) years. ¹

b. Provide and collect a completed Application to Care for Children (F-SS61).
c. Provide and collect a completed Emergency Contact Information and Disaster Plan (F-SS54a).

d. Obtain a minimum of five (5) references using the Foster Home Reference Letter (F-SS56). Verbal references are acceptable using the Foster Home Reference Letter format.

1) Three (3) non-relative references from persons who have known the applicant(s) for at least two (2) years and have a general knowledge about the applicant(s)’s ability to care for a child.

2) Two (2) relative references (i.e., parents, siblings, and other relatives) to determine family relationships and support as well as appropriateness of the applicant(s) to provide foster care.

e. The DFS caseworker or Foster Care Coordinator and caregiver(s) shall complete a Health and Safety Checklist (F-SS54).

f. Document in the child(ren)/youth’s case file the reason for placement in a non-certified home and results of the emergency background checks and reference checks.

g. Notify the Foster Care Coordinator of the placement.

3. The DFS caseworker shall advise the caregiver(s) he/she needs to cooperate with all Interstate Compact on the Placement of Children (ICPC) and Interstate Compact on the Placement of Juveniles (ICJ) requirements if child(ren)/youth in DFS custody is placed out-of-state. ²

4. The DFS caseworker shall discuss what type(s) of support the caregiver(s) is going to need to be able to successfully care for the child(ren)/youth placed in his/her home. ³

a. The DFS caseworker shall discuss financial options that may be available to help support the child(ren)/youth including:

1) POWER/TANF program;
2) Child support;
3) Other cash assistance programs;
4) Other family members;
5) Foster care maintenance payment; and/or
6) Community resources.

5. The DFS caseworker shall determine whether or not the caregiver(s) is going to pursue certification to be a foster home. The caregiver(s) may receive a foster care maintenance payment from the date a child(ren)/youth is placed in their home as long as they are cooperating with completing all of the foster care certification requirements. The full certification process shall be completed within ninety (90) calendar days of application, unless an extension is approved in writing by the DFS District Manager or his/her designee. ⁴ If placed in another state, the caregiver(s) must cooperate with the certification requirements for the state in which the caregiver resides.

a. The placement is not IV-E reimbursable, if the child(ren)/youth is eligible for IV-E, until the home is fully certified.

b. The following procedure shall be followed if the caregiver(s) initially decided to become certified and subsequently either decides not to pursue certification or does not follow through on the certification requirements within ninety (90) calendar days of the child(ren)/youth’s placement in the caregiver(s) home.

1) The foster care coordinator shall send the Notice of Foster Care Action – Denial (F-SS59) advising the caregiver(s) he/she no longer qualifies for a foster care maintenance payment and the date payment shall end; and

2) The DFS caseworker may make a referral to the POWER/TANF program if the caregiver(s) is related to the child(ren)/youth and the child(ren)/youth remains in the home.

¹ http://www.hunter.cuny.edu/socwork/nrcfcpp/downloads/policyissues/State_Child_Abuse_Registries.pdf

² ICPC Policy 5.18 and ICJ Policy #

³ Relative/Kinship Placement Policy #

⁴ Family Foster Care Policy #

A. PURPOSE

When it is in the best interest of the child(ren)/youth, the Department of Family Services (DFS) shall place the child(ren)/youth with the child(ren)/youth's noncustodial/absent parent.

B. PROCEDURE

1. Consideration of Noncustodial/Absent Parent

a. When a child(ren)/youth's removal from the home is necessary, DFS shall make diligent efforts to identify and locate a noncustodial/absent parent willing and suitable to care for the child(ren)/youth. The diligent efforts to locate noncustodial/absent parents shall begin at the time the case is initiated and continue throughout the life of the case or until the parent is located.

b. Once a noncustodial/absent parent has been located, reasonable efforts shall be made to engage this parent in the case and primary consideration shall be given to this parent when selecting an out-of-home placement.

1) Often the child(ren)/youth is already familiar with his/her noncustodial/absent parent. The child(ren)/youth may have an ongoing relationship with him/her, and he/she may have a personal interest in the child(ren)/youth.

c. The DFS Caseworker shall clearly document, in narrative and in the case file, all efforts made to locate and engage the noncustodial/absent parent as well as any assessments made once they are located (see below).

d. If custody orders or visitation orders have been determined through a court or through a divorce decree, copies shall be obtained by the DFS Caseworker whenever possible.

2. Assessment of the Noncustodial/Absent Parent

a. The DFS caseworker shall assess the noncustodial/ absent parent and any other adult living in the home, suitability as follows:

1) Conduct an abuse and/or neglect check on the DFS data system;
2) Conduct a criminal history check by contacting law enforcement;
If history appears showing the noncustodial/absent parent has been convicted of a serious crime or is on the Central Registry for prior abuse and/or neglect, the District Manager or designee shall decide if the placement may occur.
4) Inquire if there is an existing custody order that requires visitation to be monitored, a restraining order, or any other court order prohibiting contact with the child(ren)/youth;
5) Ensure a walk through of the home to assess whether or not there are any safety issues; and
6) The DFS Caseworker may also consider:

a) The age, wishes, and needs of the child(ren)/youth;
b) Any special therapeutic, medical, or other needs of the child(ren)/youth;
c) The nature of the abuse and/or neglect in the custodial parent’s home;
d) The extent to which the noncustodial/absent parent was or should have been aware of the child(ren)/youth's circumstances in the home he/she was removed from;
e) The degree of existing relationship or history between the child(ren)/youth and the noncustodial/absent parent; and
f) The ability of the two (2) parents to cooperate with respect to parenting/reunification.

b. Home Study

1) If there is sufficient information and documentation in the case file for the DFS Caseworker to determine whether a noncustodial/absent parent could adequately and safely care for the child(ren)/youth, a home study is not necessary, unless ordered by the court.

2) If the information on the noncustodial/absent parent is insufficient, if there are concerns raised by any party about the noncustodial/absent parent, or if the child(ren)/youth has had limited or no contact with the person, a written home study may be required. DFS Caseworkers shall consult with his/her DFS Supervisor as needed.

3) If the noncustodial/absent parent is out-of-state and a home study is necessary, ICPC policy shall be followed.

3. Placement with the Noncustodial/Absent Parent

a. If the child(ren)/youth is placed with the noncustodial/absent parent a Family Service Plan and/or a Youth Empowered Success (YES) Case Plan shall be developed in order to address the needs of the child(ren)/youth and family.

b. Visitation shall be facilitated between the child(ren)/youth and parent whom the child(ren)/youth was removed from, as long as it is safe to do so.

c. Child Support Enforcement shall be notified regarding placement of the child(ren)/youth.

d. The DFS Caseworker shall inform the noncustodial/absent parent of his/her right to modify or change previous custody orders, divorce decrees, and/or visitation orders.

4. If placement will NOT be made with noncustodial/absent parent, the DFS Caseworker shall:

a. Keep the noncustodial/absent parent informed and included in all court proceedings and informed of his/her rights and responsibilities.

b. Develop a Family Service Plan and/or YES Case Plan which includes the permanency goal for the child(ren)/youth and any services necessary.

c. Arrange visitation with noncustodial/absent parent as appropriate.

d. Clearly document in the case file if the noncustodial/absent parent does not wish to work with DFS or be involved in his/her child(ren)/youth’s life. The DFS Caseworker shall continue to inform and involve the noncustodial/absent parent in the court proceedings as long as his/her parental rights are in tact.

¹ W.S. 14-3-208 (a)(iii)
² Diligent Search Policy 2.2
³ ICPC Policy 2.7

A. PURPOSE

A Child(ren)/youth is more likely to be successful and stable in his/her foster care placements and have better outcomes if he/she is placed with relative(s)/kin.

B. PROCEDURE

1. The Department of Family Services (DFS) Caseworker shall locate relative/kinship placement options when child(ren)/youth is placed in DFS custody or when placement appears likely.  ¹ Further, the DFS Caseworker shall:

a. Ask parent(s) (the Important People in the Child(ren)’s Life (F-SS65) is a resource that can be used to help facilitate the discussion):

1) Who the child(ren)/youth is most connected to and where he/she would like the child(ren)/youth to live;

2) Who he/she would trust to care for his/her child(ren)/youth if something happened to him/her; and

3) If there is any relative(s)/kin he/she has concerns about placing the child(ren)/youth with (and why).

b. Ask child(ren)/youth (the People Remembered Chart (F-SS65b) :

1) Who he/she feels safe with and where he/she would like to live; and

2) If there is any relative(s)/kin he/she does not want to live with and why.

2. The DFS Caseworker shall assess the relative(s)/kin placement options suggested by parent(s), child(ren)/youth (if applicable) and/or known to DFS. Assessment does not guarantee the child(ren)/youth will be placed in the relative(s)/kin’s home. ²  Additionally, the DFS Caseworker shall:

a. Advise the relative(s)/kin that the child(ren)/youth’s placement with him/her is on a temporary basis and does not necessarily mean the child(ren)/youth will remain with him/her on a longer term or permanent basis.

b. Determine for each adult living in the home that he/she does not have a substantiated case listed in the DFS Central Registry and further, request law enforcement to check their records to determine if there are any reasons the home should not be used for placement.

c. Review the Relative/Kinship Placement Agreement (F-SS50) with the relative(s)/kin and have all parties’ sign, preferably prior to placement, but no later than seven (7) days from date of placement.

d. Not exclude a relative(s)/kin from being assessed or considered as a placement option because of relative(s)/kin income, amount of prior contact of relative(s)/kin with the child(ren)/youth or geographic location.

e. Explore the following factors in determining suitability of a relative(s)/kin home (factors include, but are not limited to):

1) Relationship between the child(ren)/youth and relative(s)/kin;

2) Ability and desire of the relative(s)/kin to protect the child(ren)/youth (assure there is no pressure for the child(ren)/youth to recant allegations of abuse and/or neglect);

3) Safe and nurturing home environment;

4) Presence of substance abuse and/or domestic violence;

5) Willingness and ability of the relative(s)/kin to accept the child(ren)/youth;

6) Ability of the relative(s)/kin to meet the child(ren)/youth’s developmental needs;

7) Relationship between parent(s) and relative(s)/kin;

8) Family dynamics in the relative(s)/kin home related to abuse and/or neglect of the child(ren)/youth;

9) Willingness and ability of the relative(s)/kin to cooperate with DFS, courts, multidisciplinary team (MDT) members and other agencies, individuals and/or organizations who are working with the child(ren)/youth and/or his/her family;

10) Existing support systems and any additional assistance the relative(s)/kin may need to provide a safe, nurturing home for the child(ren)/youth;

11) Other child(ren)/youth in the home and impact of placement; and

12) Health status of relative(s)/kin and provisions to meet child(ren)/youth’s long term needs.

3. The DFS Caseworker shall attempt to coordinate a meeting or MDT including the child(ren)/youth (as appropriate), parent(s), family members and community supports identified by the family to make recommendations regarding the best on-going placement option(s) for the child(ren)/youth when he/she cannot return home. Placement decisions developed through the meeting shall be shared with the MDT and the Court.
4. The DFS Caseworker shall obtain the information needed and initiate an Interstate Compact on the Placement of Children (ICPC) referral for an assessment of the relative(s)/ kin’s home within 30 days of the relative(s)/ kin’s request if a relative(s)/kin lives out of state and indicates a desire to be a placement resource. ³

5. If more than one(1) relative(s)/kin requests consideration for temporary or permanent placement of the child(ren) and the relative(s)/kin cannot reach a consensus on the best placement, the DFS Caseworker shall conduct an assessment (Family and Home Assessment (F-SS35)) of each potential relative(s)/kin’s ability to meet the child(ren)/youth’s developmental, educational, mental health, emotional, social, health/medical, supervision and safety needs and prepare home study reports.

a. The DFS Caseworker shall compare the home study to determine appropriate placement.

1) Existing relationship with the child(ren)/youth;

2) Child(ren)/youth’s preference;

3) Parent(s)’s preference;

4) Willingness to take all of the siblings;

5) Proximity to parent(s) and current school(s);

6) Willingness to work with the parent(s) and supervise visitation;

7) Ability to meet the child(ren)/youth’s immediate and long term needs; and/or

8) Ability to contribute to the achievement of the child(ren)/youth’s permanency plan.

6. The household may not be certified as a foster home and the relative(s)/kin may not receive foster care maintenance payments as long as the adult household member(s) remains on the Central Registry and lives in the home.

a. In limited circumstances, the relative(s)/kin household may still be used as a placement resource if it is in the child(ren)/youth’s best interest and if approved in writing by the District Manager, or his/her designee, or ordered by the Judge.

7. If the decision is made NOT to place a child(ren)/youth with relative(s)/kin, the DFS Caseworker shall:

a. Inform the relative(s)/kin of the decision;

b. Include relative(s)/kin in the Family Service Plan and/or Youth Empowered Success (YES) Case Plan and permanency planning as appropriate;

c. Ensure or facilitate ongoing contact with the relative(s)/kin if it is in the child(ren)/youth’s best interest (i.e. phone calls, e-mail, exchanging letters, contributions to the child's Life Book, respite care and visits). ⁴

8. The DFS Caseworker shall inform the relative(s)/kin of the availability of support services, training and financial resources to support the placement when placing a child(ren)/youth with a relative(s)/kin. The DFS Caseworker shall determine the types of services needed to support the relative(s)/kin’s efforts to protect and care for the child(ren)/youth, and explore support the relative(s)/kin has available through other family members as well as the community and how he/she will use identified family and community supports to meet the needs of the child(ren)/youth. The relative(s)/kin’s needs and services shall be addressed in the Family Service Plan and/or YES Case Plan. ⁵

a. Medical

1) Upon placement of the child(ren)/youth in DFS custody, the DFS Caseworker shall apply on behalf of the child(ren)/youth, for medical assistance by completing the Placement Application (F-SS501a) and submit required documentation to the DFS Benefit Specialist.

2) The DFS Caseworker shall work with the DFS Benefit Specialist to assure the child(ren)/youth remains eligible for medical assistance while he/she is in DFS custody.

b. Financial resources

1) POWER/TANF relative payment. The DFS Caseworker may refer the relative(s)/kin to meet with a DFS Benefit Specialist to apply for POWER/TANF if he/she is not receiving a foster care maintenance payment.

2) Child support.

3) Other cash assistance programs. The child(ren)/youth may qualify, depending on individual circumstances for the following, including, but not limited to: Supplemental Security Income (SSI), Social Security Disability or Veteran’s Assistance (based on parent’s disability), or Social Security Survivor’s Benefits (if parent is deceased). If the relative(s)/kin decides to receive a foster care maintenance payment, these benefits will be re-directed to the State.

4) Other family members.
5) Foster care maintenance payment. The relative/kin is required to complete the foster care certification requirements in order to be considered for foster care maintenance payments.

c. Other resources and services may be available in the community through either DFS or other providers.

d. Training resources for relative(s)/kin include, but are not limited to:

1) Traditions of Caring curriculum;

2) PRIDE training;

3) Local support group(s) for relative(s)/kin and/or foster parents;

4) Foster care coordinators; and

5) Wyoming Kinship Advocacy.

9. The DFS Caseworker shall assure relative(s)/kin has been notified of all proceedings regarding child(ren)/youth placed with him/her. The relative(s)/kin has the right to be heard in all juvenile court proceedings regarding the child(ren)/youth in his/her care, however, the relative(s)/kin is not a party to the juvenile proceedings.

10. The DFS Caseworker shall include relative(s)/kin who has a child(ren)/youth placed with his/her in meetings, including MDT meetings, notify him/her of meetings so he/she can participate in the development and updates of the Family Service Plan and/or YES Case Plan. The Family Service Plan and/or YES Case Plan shall address the needs of the relative(s)/kin.

11. The DFS Caseworker shall provide the relative(s)/kin with information regarding his/her responsibilities and determine whether or not they will need any assistance in carrying out his/her responsibilities. Relative(s)/kin, whether or not he/she is certified as a foster home, have the same responsibilities as foster parents.

12. The DFS Caseworker shall meet with the relative(s)/kin on a monthly basis, or more as needed, and continually assess support needs to assure a safe, stable placement.

13. The DFS Caseworker shall continuously look for appropriate relative(s)/kin placements over the life of the case. If a placement change becomes necessary, relative(s)/kin shall be re-explored as possible placement resources.

¹ Diligent Search 2.2
² Placement in a Non Certified Home Policy 2.1.1
³ ICPC policy 5.18
⁴ Preserving Connections Policy 2.4
⁵ Family Services Plan/Youth Empowered Success Case Plan Policy 1.6

1. Purpose
   Appropriate funding must be available to care for a child(ren)/youth removed from his/her home via court order or protective custody. Financial responsibility is to be determined during placement proceedings and established by court order.^[1]The Department of Family Services (DFS) shall investigate all sources to be used to help finance the child(ren)/youth’s placement. In addition, recovery of costs from parent(s) is essential to maintain service levels and to maintain continued responsibility and involvement of the parent(s). A voluntary placement shall include child support.^[2]
2. Procedures
   1. Description of Payments for Placement Services
      1. A payment authorization shall be prepared on each child(ren)/youth in a paid placement and shall be renewed at three (3) to six (6) month intervals or whenever a change in placement occurs. DFS offices shall advise care provider(s) to keep records regarding income and expenditures of each child(ren)/youth.
      2. DFS cannot pay two (2) foster care maintenance payments for the same child(ren)/youth for the same period of time. When a child(ren)/youth is in two (2) placements/facilities, DFS shall authorize payment for the placement facility where the child(ren)/youth resides overnight.^[3]
   2. Placement Types
      Room, board, clothing, transportation, and personal incidentals are already included in the rates per month for each child(ren)/youth. DFS does not fund any medical services. Placement types include:
      1. Family Foster Care. A family foster care payment is made for each day the child(ren)/youth is in foster care, including the day he/she enters and the day he/she leaves, unless it is the same day. This payment is based on the rate established in the DFS Financial Services Division (FSD) rate memo, which provides a differential payment according to the age of the child(ren)/youth.
      2. Licensed Child Placing Agency. Rates vary and shall be negotiated with and approved by the state DFS, FSD.
      3. Specialized Foster Care. Specialized Foster Care services are available for children birth to 18 years, who meet the qualifications on the Levels of Care Assessment (Needs Based Care Assessment (SS – 67or 68). Payments shall be established per the DFS Rate Memo to accommodate child(ren)/youth with special needs.^[4]
      4. Therapeutic Foster Care (TFC). TFC services are available for children birth to 18 years. Services include psychological and mental health treatment as well as training and support for the foster family unit. Payments shall be established per the DFS, FSD rate memo.
      5. Crisis Beds. Crisis beds are available to serve child(ren)/youth 10 to 18 years old and are paid through the contract with the state.
      6. Group Home. Group Home services are available to child(ren)/youth 10 to 18 years old and placed into DFS custody. Basic rates for maintenance and services vary and shall be negotiated with and approved by the Social Services Administrator and DFS FSD.
      7. Residential Treatment Center (RTC). RTC services are available to child(ren)/youth 10 to 18 years old and placed into DFS custody. Basic rates for maintenance and services vary and shall be negotiated with and approved by the Social Services Administrator and DFS FSD.
      8. Psychiatric Residential Treatment Facility (PRTF). PRTF services are available to child(ren)/youth placed into DFS custody. Basic rates for maintenance and services vary and shall be negotiated with and approved by Wyoming Department of Health (WDH).
   3. Clothing Expenses
      1. Clothing shall be provided by parent(s) when possible.
      2. If the child(ren)/youth enters placement without adequate and necessary clothing, the DFS caseworker may create a payment authorization for the purchase of clothing one (1) time only. Clothing purchased for the child(ren)/youth while in care belongs to the child(ren)/youth. The amount of clothing purchased shall be determined by the child(ren)/youth's age as listed in the DFS FSD rate memo.
      3. The District Manager shall approve any emergency exception to this policy (i.e. clothing stolen, destroyed by fire).
   4. Respite Service for Certified Foster Care and Approved Relative Care
      1. Respite care is a service for certified foster parent(s) and approved relative(s)/kin with whom child(ren)/youth in DFS custody are placed. The purpose of respite care is to provide a temporary break in caring for the child(ren)/youth. In order to qualify for respite services the following applies:
      2. A contract shall be provided for each child(ren)/youth in the custody of DFS, who is in need of respite care; the rate shall be negotiated with and approved by DFS and cannot exceed 30 days annually;
      3. In order to qualify for respite services the following applies:
         1. The payment for respite care shall not affect the regular income maintenance payments of the regular or respite provider(s).
         2. The respite provider must be a certified foster home or approved by the District Manager and at a minimum follow the Placement in Non-Certified Home Policy 2.1.1;
         3. The respite provider shall be provided information on how to obtain medical care for the child(ren)/youth, instruction on addressing the needs of the child(ren)/youth, contact information for the child(ren)/youth’s regular caregiver(s), DFS Caseworker, parent(s), counselor(s), and any other applicable emergency information.
         4. Respite services should be requested by the current foster parent(s)/approved relative(s)/kin at least 10 days in advance. ^[5] However, if it is an emergency situation, the care shall be arranged as quickly as possible.
      4. Respite cannot occur and be paid for unless the DFS caseworker has been notified of the respite situation prior to it occurring.
   5. Coordination with Schools for Placements
      1. If the child(ren)/youth cannot be educated within the school of origin, the school must provide an alternative education program for the child(ren)/youth.^[6]
      2. If the school can educate the child(ren)/youth within the school district but the child(ren)/youth requires placement out of the community, educational costs are covered in group homes and residential treatment facilities by the school district.
   6. Income of Children in Care. Child(ren)/youth may accumulate savings to a maximum of $2,000. ^[7]

1. W.S. 14-3-208; 14-6-209; 14-6-409 ↑
2. Please see Child Support Policy for further guidance. ↑
3. Title IV-E Plan ↑
4. Authority for Placement and Placement Process Policy 2.1 and Specialized Foster Care Policy 2.1.4 ↑
5. Foster Care manual/Foster Parent Responsibilities ↑
6. Fostering Connections to Success and Increasing Adoptions Act 2008 (HR 6893) 42 United States Code § 675(5) ↑
7. SSI Beneficiaries must not have resources worth more than $2,000. www.socialsecurity.gov ↑

A. Purpose

A child(ren)/youth's parent(s) is obligated to pay child support and continue any medical insurance coverage when a child(ren)/youth is removed from his/her home and placed in out-of-home care by court order or through a voluntary placement agreement with the State of Wyoming, Department of Family Services (DFS). ¹ When a child(ren)/youth goes into out-of-home placement, the DFS Caseworker shall refer the case to Child Support Enforcement (CSE) unless there is good cause. Child support amounts shall be established. ² Child support collected assists DFS in recovering a portion or all of the maintenance costs of the out-of-home care, including state institutional placements.

B. Procedures

1. Court Ordered Out-of-Home Care

a. After the Shelter Care Hearing or any other hearing in which a child(ren)/youth may be placed in out-of- home care, depending on when the child(ren)/youth is placed, the DFS Caseworker or his/her designee shall complete and provide the following CSE forms to the Benefits Unit:

1) Report to Child Support Enforcement, DFS-543 (for each parent) on behalf of the child(ren)/youth; and

2) Good Cause form, DFS-546FC, within 20 days of removal, if claiming good cause.

a) A DFS Caseworker shall consult with a Supervisor and/or District Manager regarding good cause reasons for not opening a child support case. The following reasons may be considered as good cause:

(1) Possible physical/emotional harm resulting to the child(ren)/youth or custodial parent;
(2) The child(ren)/youth was conceived as a result of incest or forcible rape;
(3) Legal action for adoption is pending in court;
(4) Parent(s) is receiving counseling to help decide whether to keep or relinquish the child(ren)/youth for adoption;
(5) A court determination that parent(s) would be unable to comply with an established reunification plan due to the financial hardship caused by paying child support;
(6) Termination of parental rights (TPR) is imminent and is part of the permanency plan or TPR has been completed;
(7) The non-custodial parent is a potential placement resource;
(8) Death of the parent(s) (death certificate, social security letter or obituary); and/or
(9) Child(ren)/youth is expected to be in foster care for only a short time (60 days or less).

b. Paternity Establishments

1) The DFS Caseworker shall obtain the following if the parents of the child(ren)/youth
were not married at the time the child(ren)/youth was born:

a) The child(ren)/youth’s birth certificate stating the father’s name and an affidavit acknowledging paternity from both the mother and father. The paternity affidavit can be requested through CSE or State Vital Records;

b) An Order Establishing Paternity of the named father, in which the DFS Caseworker
shall request a copy through CSE; or

c) In the event that paternity has not been established, the DFS Caseworker shall refer the case to CSE.

2) The DFS Caseworker shall get the following if the parents of the child(ren)/youth were married at the time of the child(ren)/youth’s birth:

a)  The child(ren)/youth’s birth certificate stating the name of the father;

b) A divorce decree or order naming the child(ren)/youth as being born of the marriage; or

c) If the child(ren)/youth’s father is someone other than the mother’s husband or ex-husband, DFS Caseworker shall call CSE to verify if paternity has been established.

c. The DFS Caseworker shall direct the child(ren)/youth’s parents to CSE after the Shelter Care hearing or any other hearing which a child(ren)/youth may be placed.

d. The DFS Caseworker may request a representative from the local Judicial District CSE office attend to assist in answering any child support questions.

2. Case Management

a. Encouraging the families’ financial accountability, the DFS Caseworker shall keep informed of the status of child support payments and provisions of medical support while the child(ren)/youth remains in out-of-home placement. The Judicial District CSE office shall monitor child support payments and provisions for medical support to determine if further enforcement of the order is necessary.

b. Prior to a Multi-Disciplinary Team (MDT) meeting, or a Review Hearing, the DFS Caseworker shall complete the Quarterly Report (F-SS123), using information obtained from the DFS data system and from contacting the local Judicial District CSE office. This information shall be provided to the court or MDT and used in working with the family, as part of the Family Service plan and/or Youth Empowered Success (YES) Case Plan.

c. The DFS Caseworker shall forward copies of all notifications to the local Judicial District CSE office.

3. Voluntary Placements

a. Prior to authorization of a voluntary placement, the DFS Caseworker shall meet with the family to notify them of their financial obligation and, if medical insurance exists, the requirement for maintaining medical insurance coverage during the placement. The DFS Caseworker may request a representative from the local Judicial District CSE office attend to assist in answering any child support questions.

b. Child support shall not be pursued for voluntary placements less than 60 days in length or any other good cause reason.

c. The DFS Caseworker shall assist the parent(s) of the child(ren)/youth to obtain and complete the Report To Child Support Enforcement (DFS-543), and any other required financial information to send to the local Judicial District CSE office. Child support establishment and enforcement in voluntary placement situations shall be handled by the local Judicial District CSE office.

4. Relative/Non-Foster Care Placements

a. Relative/Non-Foster care placements which are certified foster parents and are receiving financial assistance shall be referred to CSE unless there is good cause. Relative/Non-Foster care placements, not receiving financial assistance through DFS, shall not be referred to CSE.

5. Temporary Visitation or Trial Home Visits

a. Unless otherwise ordered by the court, child support payments shall continue during periods of temporary visitation/trial home visits. A DFS Caseworker shall consult with the Supervisor and/or District Manager regarding discontinuing child support payments after the child(ren)/youth has been home for 60 days. At this time, the District Manager shall inform CSE Manager to stop the child support court order by e-mail.

6. Termination of Parental Rights (TPR)

a. Prior to any court hearing on TPR, no DFS employee shall negotiate child support arrearages owed to the state without obtaining written permission from the Director of DFS or his/her designee.

7. Relinquishment of Parental Rights

a. Parent(s) who may be deciding to relinquish parental rights shall be informed he/she shall not be forgiven any pending or arrears child support in exchange for his/her voluntary relinquishment of parental rights.

8. Case Closure Procedures

a. Upon notification that a child(ren)/youth has returned home and is no longer in DFS legal custody, the DFS Caseworker shall inform the Supervisor and the Supervisor shall:

1) E-mail the CSE District Manager; and

2) Send a copy of the court order vacating custody of the child(ren)/youth to the local CSE office.

9. Closed Cases

a. Child support obligations exist until paid in full or the court orders otherwise.

b. DFS shall not instruct or encourage the Judicial District CSE office to discontinue the active pursuit of child support and medical support obligations. After all child support obligations have been paid in full, the Judicial District CSE shall send a closure letter to the DFS office informing the DFS Caseworker that the case shall be closed. ³

c. A Judicial District CSE may request in writing to DFS that a child support case be closed for the following reasons:

1) The child(ren)/youth was in out-of-home placement for less than 60 days;

2) The Judicial District CSE office does not have enough identifying information to locate the non-custodial parent and at least one (1) year has elapsed without being able to obtain the information; ⁴

3) The non-custodial parent's only source of income is Supplemental Security Income (this income cannot be withheld); ⁵

4) DFS has not expended money on the child(ren)/youth according to an EPICS report for the case. Medicaid expenses are not DFS expenses but incurred by Department of Health;

5) Wyoming does not have jurisdiction over the child support case, or the responding state in the child support case will not establish an order pursuant to its state law; ⁶ and/or

6) Other reasons upon agreement by the DFS and CSE District Managers.

d. The Judicial District CSE office may close a case after the DFS District Manager has returned a signed reply to the written request stating that the Judicial District CSE office shall not pursue child support and shall close the case.

10. Child Support Arrears Owed to the State

The procedure to waive child support arrears, owed to the state, is as follows:

a. The DFS District Manager shall make a formal request to the CSE Administrator to waive arrears;

b. The CSE Administrator shall research the case and send a recommendation to the DFS Director; and

c. DFS Director shall contact the CSE Administrator with the final decision and the CSE Administrator shall advise the DFS District Manager of the final decision.

¹ W.S. 14-3-435, 14-6-435 & 14-6-236
² W.S. 20-2-304
³ Code of Federal Regulations (CFR), Title 45, Section 303.11
⁴ Code of Federal Regulations (CFR), Title 45, Section 303.11(b)(4)(ii)
⁵ W.S. 20-2-303(a)(ii)
⁶ Code of Federal Regulations (CFR), Title 45, Section 303.11(b)(1)

WYOMING PRACTICE MODEL

The Department of Family Services’ Wyoming Practice Model (WPM) is a solution-focused, family centered approach that uses strategies and techniques that build on the children, youth and family’s strengths in an effort to find solutions that ensure safety, permanency, and well-being for children. The Department has integrated elements of evidence-based practices and techniques into its  overall case management philosophy. WPM is a term  encompassing  both the philosophy itself and tools used to support  our best practice casework. 

FEDERAL AND STATE AUTHORITY 

Wyoming Statute §§ W.S. 1-22-101 through 1-22-116, W.S. 14-2-309

Wyoming Adoption Rules, Chapter 1

Social Security Act, Title IV-E {42 U.S.C. 670}

DEFINITIONS

Adoption: The creation of a parent-child relationship by judicial order; the relation of parent and child created by law between persons who are not in fact parent and child. Adoption creates a parent-child relationship between the adopted child and the adoptive parents with all the rights, privileges and responsibilities that attach to that relationship. {Wyoming Adoption Rules, Chapter 1, Section 3} 

Adoptive Family: A married couple or single person evaluated and approved for adoption by the Department pursuant to a court order or a private child placement agency, certified by the State of Wyoming, or another state’s certifying agency. {Wyoming Adoption Rules, Chapter 1, Section 3} 

Case Plan: an individualized, family centered, strength-based document created in partnership with the child(ren)/youth and family to establish 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. {Wyoming Child Protection Rules, Chapter 1, Section 4}

Diligent Search: On-going efforts in identifying, locating, and contacting the absent parent(s) and/or relatives and kinship families regarding their interest in maintaining connections with the child and/or providing a temporary or permanent placement for or adopting a child when the child is removed from the home. {Wyoming Adoption Rules, Chapter 1, Section 3} 

Kin: Individuals who are unrelated by birth or marriage but have a significant relationship that would take on the characteristics of a family relationship. {Social Security Act/42 U.S.C. 670} 

Interstate Compact on the Placement of Children (ICPC): The compact in place to ensure protection and services to child(ren)/youth who are placed across state lines for foster care or adoption. {Wyoming Adoption Rules, Chapter 1, Section 3} 

Relative:  Individuals of specified degree who had a legal relationship with the child at the time the child entered care: adult siblings, grandparents, great grandparents, aunts, uncles or a parent of a sibling of the child (if the parent has legal custody of the sibling). {Wyoming Adoption Rules, Chapter 1, Section 3 and Public Law 113-183 (Preventing Sex Trafficking and Strengthening Families Act}.

Relinquishment: A voluntary action on the part of the parent(s) which relinquishes custody of the child(ren)/youth to the Department, a private child placement agency, or an individual empowered by statute to assume these rights. {Wyoming Adoption Rules, Chapter 1, Section 3} 

Special Needs: A child who exhibits one (1) or more of the following characteristics {Wyoming Adoption Rules, Chapter 1, Section 3}:

1. Has irreversible or non-correctable physical or mental disabilities;
2. Has physical, mental or emotional disabilities correctable through surgery, treatment or other specialized services; 
3. Is six (6) years of age or older; 
4. Has been in the same foster family home for a lengthy period of time, emotional ties have developed with the foster family and adoption assistance is necessary to facilitate an adoption; 
5. Is a member of a racial minority; or
6. Is a member of a sibling group and needs to be placed in the same home with siblings.

Subsidized Adoption: The granting of financial and/or medical assistance to an approved adoptive home which may include a monthly cash subsidy, one-time non-recurring adoption expenses, and/or Medicaid coverage for the adoption of a child(ren)/youth with special needs. {Wyoming Adoption Rules, Chapter 1, Section 3}.

Termination of Parental Rights (TPR): An action by a court of competent jurisdiction that terminates the parent-child relationship divesting a parent(s) of all legal rights and privileges to the child(ren)/youth and relieves the child(ren)/youth of all duties to that parent(s), except that the order may or may not divest that parent(s) of duties of support obligations. {Wyoming Adoption Rules, Chapter 1, Section 3}.

PURPOSE:  

The purpose of this policy is to outline the Department of Family Services (Department)’s process for  locating adoptive families and finalizing a permanency plan of adoption for children who cannot safely return home.

Adoption is a permanency goal for children who are legally free for adoption by termination of parental rights or relinquishment. The Department shall pursue adoption for children for whom reunification is not possible or not in the child’s best interest. Adoption provides children with permanent homes with relative or non-relative adoptive parents. Financial and medical assistance may be available to adoptive families to facilitate and support the adoption of children with special needs.

POLICY 

In all cases where parental rights have been terminated or all parents have relinquished care and custody of the child, the Department shall locate an adoptive family who is fit and competent to assume the care, custody, and control of the child(ren)/youth and able to meet the child(ren)/youth’s specific needs. 

 Locating Appropriate Adoptive Placements:

When the child(ren)/youth’s permanency goal has been changed to adoption by the presiding juvenile court judge, the Department shall begin the process of locating an adoptive family who is able to meet the specific needs of the child(ren)/youth. In many cases, the child(ren)/youth will be in placement with a suitable relative or a foster family who wishes to adopt the child(ren)/youth. Adoption by these families may be in the best interest of the child(ren)/youth.

If the relatives or foster family are not an appropriate adoptive placement, the following process shall be followed in order to identify an adoptive family for the child(ren)/youth:

1. Search for relatives or kin with whom the child(ren)/youth has an existing connection and determine their ability or willingness to adopt the child(ren)/youth.
2. The Department field office shall prepare a profile of the child(ren)/youth with non-identifying information to be sent to the Department State Office.
3. The Department State Office Adoption Program Analyst shall review the profile and match the profile with any existing prospective adoption homes.
4. The Department State Office shall forward the home studies for those adoptive homes to the Field Office having legal custody of the child(ren)/youth available for adoption. 
5. The Department Field Office shall evaluate the home studies provided and identify the most appropriate adoptive home for the child(ren)/youth.
6. If none of the adoptive home studies submitted are determined to be suitable for the child(ren)/youth based upon their specific needs, the Department Field Office shall:
   1. Request additional adoptive home studies from the Department State Office.
   2. Consult with the Foster Care Coordinator to determine if there are any existing foster homes who may be an appropriate adoptive placement.
   3. Refer the child(ren)/youth to Wendy’s Wonderful Kids to assist with locating an adoptive home.
7.  Department Field Offices shall not contact adoption agencies directly for the purpose of obtaining an adoptive home study. All requests for adoptive home studies shall be made through the Department State Office.
8. If the Department has exhausted all previously listed resources without locating a suitable adoptive family for the child(ren)/youth and the child(ren)/youth is legally free for adoption, the child(ren)/youth shall be registered with the Adoption Exchange.
9. Before selecting an adoptive home, the Department shall ensure that a home study has been completed and approved, including background checks and appropriate certification requirements. 
   1. If the Department completes a home study and makes a recommendation against an adoptive placement, the applicant may request a meeting with the Department District Manager in the Field Office where the home study was completed.
   2. If the child(ren)/youth will be adopted by their foster family, an additional adoption home study is not required unless there has been a significant change in the family’s circumstances or family dynamic since the time the foster care home study was completed.
   3. If the adoptive family is located outside of Wyoming, the Department caseworker shall follow the Department's Interstate Compact on the Placement of Children (ICPC) policy to ensure that both a foster care home study and an adoption home study are completed and approved by the receiving state.
   4. If the child will be adopted by a non-certified relative with whom the child is currently placed in foster care, a home study may not have been completed.  A home study is not required in these circumstances. If the child will be adopted by a non-certified relative with whom the child was not previously placed in foster care, an adoption home study shall be completed prior to the finalization of the adoption.
   5. In all cases, background checks to include fingerprints and central registry screens will be completed. 

Evaluating Adoption Home Studies:

The Department Field Office shall evaluate home studies provided by the State Office and/or Wendy’s Wonderful Kids to determine the best fit for the child(ren)/youth based upon their specific needs.

Planning for Placement of the Child(ren)/Youth:

Once the selected family’s home study has been approved, the Department Caseworker may work directly with the adoption agency (if applicable) and the family to plan for the placement of the child(ren)/youth. 

1. Prior to the finalization of the adoption, financial arrangements such as monthly subsidy payments and Medicaid/health insurance matters shall be agreed upon by the Department and the adoptive family. 
2.   A child shall be in pre-adoptive placement for a minimum of six (6) months.  In cases where the child is being adopted by the foster family, this requirement has usually been met by the time parental rights have been terminated.
3. If the child being adopted is age 14 or over, and the adoption is occuring in Wyoming, written consent of the child shall be required to finalize the adoption.
4. The Department may contract with private child placement service agencies for the provision of services to include, but not limited to:
   1. Pre and post placement counseling of a child(ren)/youth and his/her prospective adoptive family.
   2. Supervision of placement of  child(ren)/youth in their adoptive home prior to finalization of the adoption. 

Policy Oversight and Training Review:

Every two years by assigned Social Services Analyst 

Transmittal Information

WYOMING PRACTICE MODEL

The Department of Family Services’ Wyoming Practice Model (WPM) is a solution-focused, family centered approach that uses strategies and techniques that build on the children, youth and family’s strengths in an effort to find solutions that ensure safety, permanency, and well-being for children. The Department has integrated elements of evidence-based practices and techniques into its  overall case management philosophy. WPM is a term  encompassing  both the philosophy itself and tools used to support  our best practice casework. 

FEDERAL AND STATE AUTHORITY

Wyoming Statute §§ W.S. 1-22-101 through 1-22-116, W.S. 14-2-309

Wyoming Adoption Rules, Chapter 1

Social Security Act, Title IV-E

DEFINITIONS 

Adoption: The creation of a parent-child relationship by judicial order; the relation of parent and child created by law between persons who are not in fact parent and child. Adoption creates a parent-child relationship between the adopted child and the adoptive parents with all the rights, privileges and responsibilities that attach to that relationship. {Wyoming Adoption Rules, Chapter 1, Section 3}  

Adoptive Family: A married couple or single person evaluated and approved for adoption by the Department pursuant to a court order or a private child placement agency, certified by the State of Wyoming, or another state’s certifying agency. {Wyoming Adoption Rules, Chapter 1, Section 3} 

Interstate Compact on Adoption and Medical Assistance (ICAMA): The compact in place to ensure adopted child(ren)/youth who are subject to an adoption subsidy agreement and move across state lines will receive medical and other services. {Wyoming Adoption Rules, Chapter 1, Section 3}

Interstate Compact on the Placement of Children (ICPC): The compact in place to ensure protection and services to child(ren)/youth who are placed across state lines for foster care or adoption. {Wyoming Adoption Rules, Chapter 1, Section 3}

Special Needs: A child who exhibits one (1) or more of the following characteristics {Wyoming Adoption Rules, Chapter 1, Section 3}:

1. Has irreversible or non-correctable physical or mental disabilities;
2. Has physical, mental or emotional disabilities correctable through surgery, treatment or other specialized services; 
3. Is six (6) years of age or older; 
4. Has been in the same foster family home for a lengthy period of time,      emotional ties have developed with the foster family and adoption assistance is necessary to facilitate an adoption; 
5. Is a member of a racial minority; or
6. Is a member of a sibling group and needs to be placed in the same home with siblings.

Subsidized Adoption: The granting of financial and/or medical assistance to an approved adoptive home which may include a monthly cash subsidy, one-time non-recurring adoption expenses, and/or Medicaid coverage for the adoption of a child(ren)/youth with special needs. {Wyoming Adoption Rules, Chapter 1, Section 3} 

PURPOSE  

Adoption provides child(ren)/youth with permanent homes with relative or non-relative adoptive parents. Financial and medical assistance may be available to adoptive families to facilitate and support the adoption of child(ren)/youth with special needs. 

Adoption assistance and subsidy agreements are designed to provide financial and medical assistance to adoptive families. The Department may enter into a subsidy agreement with prospective adoptive parent(s). The agreement must be entered into  prior to the finalization of the adoption for adoption for child(ren)/youth who are in the legal custody of the Department or a child placement agency certified by the state of Wyoming.

POLICY 

In all cases where parental rights have been terminated or all parents have relinquished the care and custody of the child(ren), the Department shall locate an adoptive family who is fit and competent to assume the care, custody, and control of the child(ren)/youth and able to meet the child’s specific needs. Once the child has been placed in an appropriate adoptive placement, the Department shall work directly with the family to evaluate the needs of the child and come to an agreement regarding the financial and medical assistance which will be provided to the family which may include a monthly cash subsidy, Medicaid coverage for the child, and/or assistance in paying for the one-time, non-recurring fees associated with finalizing the adoption. 

Eligibility: 

The Department may grant subsidy payments to adoptive parent(s), if at the time of placement for adoption, all the following apply:

1.   The child is in the legal custody of the Department or a child placement agency certified by the state of Wyoming;
2. The child is legally available for adoption;
3. The Department or a certified, private child placement agency is financially responsible for the child;
4. The child qualifies as special needs as defined above;
5. Reasonable efforts to place the child without a subsidy have proven unsuccessful, except when it would be against the best interests of the child and the child has been in the same foster family home for a lengthy period of time, emotional ties have developed with the foster family; and 
6. The Department has determined the adoptive parent(s) can provide for the nonfinancial needs of the child.

Or

1. The child was eligible for Supplemental Security Income (SSI) programs under the Social Security Act before the adoption was finalized (regardless of whether or not a payment was made) and meets one or more of the special needs requirements specified above. For more information, please visit the Children’s Bureau Chapter 8.2B.12: Child Welfare Policy Manual.

Negotiating Adoption Assistance/Subsidy Agreement:

Negotiating the adoption assistance/subsidy agreement consists of the Department and adoptive parent(s) jointly identifying the child(ren)/youth's known service needs, circumstances of the adoptive family, and resources needed to meet the child(ren)/youth’s needs.

Adoption Assistance/Subsidy Agreement:

Prospective adoptive parent(s) shall be notified about the availability of adoption assistance/subsidy for the adoption of a child(ren)/youth with special needs (as defined above), which may include Medicaid, one-time non-recurring adoption expenses, and/or a monthly cash payment.

1. The determination of the amount of subsidy shall be based upon the child(ren)'s needs and the circumstances of the adoptive parent.
2. Application for subsidy is to be made by the adoptive parent on behalf of the child(ren). Application shall be made on the Application for Adoption Assistance and/or Waiver.
3. The amount of the cash adoption assistance payment shall be less than the foster care maintenance payment the child(ren)/youth received or would receive in a foster family home.
4. Payment of one-time, non-recurring expenses related to the facilitation of a special needs adoption may be provided by the Department. 
5. After the subsidy is agreed upon by the Department, in consultation with the adoptive parents, an Adoption Assistance Agreement shall be signed by all the parties. 
6. The Adoption Assistance Agreement shall be completed prior to the finalization of the adoption.
7. Medicaid may request a copy of the adoption decree for the child to maintain continued coverage. If requested, the adoptive parents may provide the decree to Medicaid directly or they may request the Department to send a copy of the decree on their behalf.

Adoption Assistance for One-time, Non-recurring Adoption Expenses Only:

If an ongoing subsidy (monthly cash payment and continued Medicaid coverage) is not in place, the Adoption Assistance Agreement shall terminate upon payment of the one-time, non-recurring adoption expenses.

Termination of the Adoption Assistance Subsidy Agreement:

Once an Adoption Assistance Agreement is signed and in effect, it can be terminated only under three (3) circumstances:

1. The child(ren)/youth has attained the age of 18 (or 21 if the State has determined that the child(ren)/youth has a mental or physical disability which would warrant continuation of assistance).
2. The State determines that the adoptive parent(s) are no longer legally responsible for support of the child(ren)/youth (for example, parental rights have been terminated, the child(ren)/youth becomes an emancipated minor, marries, or enlists in the military).
3. The State determines that the adoptive parent(s) are no longer providing any support to the child(ren)/youth.

Adoption Attorney:

The adoptive family is responsible for hiring an attorney to process the adoption of the child(ren)/youth.

1. If the child(ren)/youth and their adoptive family reside outside of Wyoming, the adoptive family will need to hire an attorney in their state of residence to finalize the adoption.

Annual Review:

The Adoption Assistance Agreement shall be reviewed at least annually to determine if the terms of the Adoption Assistance Agreement have changed or remain the same. The adoptive parent is required to sign a form provided by the Department indicating: 

1. If the child(ren)/youth has reached his/her 18th birthday, are there any mental or physical disabilities which warrant the continuation of the Adoption Assistance Agreement;
2. If the adoptive parent continues to be legally responsible for the support of the child(ren)/youth, and is providing financial support for the child(ren)/youth;
3. If the child(ren)/youth continues to reside in the home of the adoptive parent;
4. If there are any changes in the household that would affect the Adoption Assistance Agreement; and 
5. If the adoptive parent wants to continue to receive the amount within the Adoption Assistance Agreement or renegotiate the amount based upon a change in circumstances.

John H. Chafee Foster Care Program for Successful Transition to Adulthood:

Child(ren)/youth who are adopted from foster care after turning 16 years old may be eligible for the Education and Training Voucher Program which will provide assistance for expenses for higher learning.

Moving Out of State:

Once the child(ren)/youth has been determined eligible, the Adoption Assistance Agreement continues in effect regardless of the state of residence.

1. The adoptive parent must notify the Department of any change in his/her address.
2. The Department state office shall notify the new state of the child(ren)'s eligibility status for Medicaid coverage once the information is received from the adoptive parent and request is made for Medicaid.
3. The Department is responsible for payment of the subsidy amount to the adoptive parent in his/her new state of residence.
4. The Department shall notify the Wyoming Department of Health Medicaid office when a child(ren)/youth moves to another state so the Wyoming Medicaid case can be closed.

Fair Hearings:

If an Adoption Assistance Agreement is denied, terminated, or modified, the Department District Manager or his/her designee shall notify the adoptive parent of that decision in writing.

1. If the adoptive parent does not agree with that decision, regarding the Adoption Assistance Agreement, the adoptive parent shall write to the Department District Manager or his/her designee within 30 calendar days from the date of the adverse decision and request that a fair hearing be scheduled.

Policy Oversight and Training Review

Every two years by assigned Social Services Analyst 

Transmittal Information

A. Purpose

The purpose of Adoption Archiving is to maintain a record of the adoption.

B. Procedure

1. Adoption File

a. The file shall be labeled with the same incident name which is on the Child Protective Services (CPS) or Juvenile Services (JS) file.

b. The following labeled sections shall be included in the archived adoption file:

1) Final Decree;
2) Relinquishment or Termination of Parental Rights;
3) Consent of the District Manager to Adoption;
4) Placement Agreement with Adoptive Parent(s); and
5) Medical Information.

2. Instructions

a. The following instructions shall be followed when putting the file together:

1) No duplicate copies;
2) Remove all paper clips, staples, and rubber bands;
3) Unfold any turned corners;
4) Tape very small documents to a letter size sheet of white paper; and
5) Do not use any type of “sticky notes.” If additional information is necessary, prepare a separate document.

b. Per the adoption rules, an adoption file shall be sent to the Department of Family Services (DFS) state office, Adoption Analyst, within ninety (90) days of completion of the adoption to be sealed.

c. The DFS Caseworker shall use the Adoption Archiving Checklist and Cover Letter (F-SS40d) to include all information necessary for the adoption file.

1) The Adoption Archiving Checklist and Cover Letter and all items listed on the checklist shall be included in the adoption file.

2) The Adoption Archiving Checklist and Cover Letter shall be signed by both the DFS Caseworker and Supervisor prior to the adoption file being sent to the State Office.

3) Incomplete files sent to the State Office shall be returned to the field office with a request for complete information.

d. The DFS Caseworker shall include the following medical information in the file:

1) The Birth Parent’s Social and Medical History (F-SS40b) form shall be filled out, as completely as possible, on each biological parent of the adopted child(ren)/youth.

a) This form may be completed early on in the case in order to obtain necessary medical history.

b) This form may be completed by an adult relative or any adult who has knowledge of the family medical history. It does not have to be completed by the parent.

c) This form should not have any names or personal identification (DOB or Social Security numbers) included. Only the relationship of the person completing the form should be stated (i.e. parent/self, caseworker, aunt, uncle).

2) The Report of Medical Examination (F-SS45), for every infant child(ren)/youth under the age of one (1) year who is adopted.

3) The Older Child Medical History Information (F-SS40c) for any child(ren)/youth over the age of one (1) year who is adopted.

e. Other information shall be kept in the CPS or JS file. CPS and JS files shall be archived according to previous set policies. ¹

f. IV-E eligibility information for child(ren)/youth receiving IV-E adoption subsidies shall be retained in the eligibility file. ²

¹ Administration and Information (A&I) archives
² Social Security Act/Title IV-E

WYOMING PRACTICE MODEL

The Department of Family Services’ Wyoming Practice Model (WPM) is a solution-focused, family centered approach that uses strategies and techniques that build on the children, youth and family’s strengths in an effort to find solutions that ensure safety, permanency, and well-being for children. The Department has integrated elements of evidence-based practices and techniques into its  overall case management philosophy. WPM is a term  encompassing  both the philosophy itself and tools used to support  our best practice casework. 

FEDERAL AND STATE AUTHORITY

Wyoming Statutes: 3-1-101 through 3-1-111 and 3-2-102

Federal Statutes, Social Security Act:

473(d)(3)(A-C), [42 U.S.C. §673(d)(3)(A-C)];

473(a)(4)(A&B), [42 U.S.C. §673(a)(4)(A&B)];

473 (d)(1)(A-C), [42 U.S.C. §673(d)(1)(A-C)];

473 (d)(2), [42 U.S.C. §673(d)(2)];

 473(b)(1-4), [42 U.S.C. §673(b)(1-4)];

471(a), [42 U.S.C. §671(a)];

471(a)(28), [42 U.S.C. §671(a)(28)];

471(a)(20)(C), [42 U.S.C. §671(a)(C)];

475(1)(F), [42 U.S.C. §675(1)(F)];

 479(B)(c)(1)(C)(ii)(II), [42 U.S.C. §679c(1)(C)(ii)(II)]

DEFINITIONS

Case Plan: The Department's written document which outlines the outcomes, goals, and tasks in order to meet the needs of the family with regards to safety, permanency and well-being of the child. {Wyoming Child Protection Rules, Chapter 1, Section 4}

Child: A person under eighteen (18) years of age. {W.S 14-3-202, W.S. 14-3-402,W.S. 14-6-201, 14-6-402}

Concurrent Plan: A case plan developed in addition to the child's main case plan with other possible outcomes to assure safety and permanency for the child. {Wyoming Child Protection Rules, Chapter 1, Section 4}

Diligent Search: Efforts made to contact absent parents, relatives and others. {Wyoming Adoption Rules, Chapter 1, Section 3} 

Interstate Compact on Adoption and Medical Assistance (ICAMA): A compact established to ensure that children subject to a IV-E guardianship subsidy agreement moving across state lines receive medical and other services. {Wyoming Adoption Rules, Chapter 1, Section 3} 

Interstate Compact on the Placement of Children (ICPC): The compact in place to ensure protection and services to children who are placed across state lines for foster care, guardianship, or adoption. {Wyoming Adoption Rules, Chapter 1, Section 3} 

Legal Guardian: A person appointed by court order to be the guardian of a minor child who is required to exercise the powers and duties of a guardian pursuant to that court order and applicable statutes. {Social Security Act, Part IV-E, 42 U.S.C. §670}

Permanency: An individualized, most appropriate, permanent plan for the child, including but not limited to family reunification, adoption, guardianship, or Another Planned Permanent Living Arrangement. {Wyoming Child Protection Rules, Chapter 1, Section 4}

Reasonable Efforts: The term "reasonable" generally means fair, proper, just, moderate, or suitable under the circumstances. Reasonable efforts means doing what is reasonable; it does not mean doing everything that is possible. {W.S 14-3-202, W.S. 14-3-402,W.S. 14-6-201, 14-6-402}

Relative: For purposes of the guardianship policy and procedures only, relative is defined as: adult siblings, grandparents, great grandparents, aunts, uncles, a parent of a sibling of the child (if the parent has legal custody of the sibling), and kin. Kin are individuals who are unrelated by birth or marriage, but have a significant relationship that would take on the characteristics of a family relationship. Kin is a person to whom the child or child’s family had a significant emotional tie prior to Department involvement.  {Social Security Act, Part IV-E, 42 U.S.C. §67; Wyoming Adoption Rules, Chapter 1, Section 3 and Public Law 113-183; Preventing Sex Trafficking and Strengthening Families Act}

SNAP: Supplemental Nutrition Assistance Program (SNAP) is designed to promote the general welfare and safeguard the health and well being of the nation's population by raising the levels of nutrition among low-income households.

Subsidized Guardianship: The granting of financial and/or medical assistance to an approved prospective guardian which may include a monthly cash subsidy, one-time non-recurring guardianship expenses, and/or Medicaid coverage. Medicaid may only be included in a Guardianship Subsidy Agreement for IV-E eligible guardianships.470 {Social Security Act, Part IV-E, 42 U.S.C. §670}

PURPOSE  

The purpose of this policy is to outline the Department’s process for selecting an appropriate legal guardian for a child in Department custody, as well as outlining steps the agency shall take to finalize the legal guardianship.

Guardianship is designed to provide protection to children who are deprived of natural care and protection from his/her parents. Legal guardianship involves the transfer of legal responsibility for a child in Department custody to a private caregiver who becomes the legal guardian of the child.

POLICY: 

The Department shall not pursue legal guardianship until reasonable efforts have been exhausted to reunite the child with their family and the Department has documented why adoption is not in the best interest of the child. The Department may proceed with legal guardianship as the permanency plan for a child in the Department’s custody, even if a parent of the child does not consent, so long as appropriate notice of the guardianship proceedings are provided to that parent.

In accordance with the Department’s Diligent Search Policy, the Department shall search for relatives and kin of the child when locating an appropriate legal guardian, as preference shall be given to relatives and kin with whom the child has an existing relationship. Both relatives and kin may be eligible for a IV-E guardianship subsidy, if other eligibility requirements are met. Other prospective guardians may be eligible for a state funded subsidy.

Locating Appropriate Legal Guardians:

The Department shall consider the following when selecting an appropriate legal guardian:

1. Qualified relatives and kin.
2. In the absence of qualified relatives or kin, another prospective guardian with whom the child demonstrates a strong attachment. 
3. The Department shall pursue a legal guardianship with the person who is best qualified and willing to serve as guardian.
   1. The child’s guardian cannot also have a professional relationship with the child where there may be financial gain for the prospective guardian, as this would constitute a conflict of interest.

Evaluating Prospective Legal Guardians:

The Department shall evaluate prospective legal guardians to determine the best fit for the child based upon their specific needs.

1. The Department gives preference to an adult relative caregiver over a non-related caregiver when determining a placement for a child, provided the adult relative caregiver meets all relevant child protection standards.
2. The Department shall ensure that a home study has been completed and approved, including background checks and appropriate certification requirements.
   1. Background checks, to include fingerprints and central registry screens, will be completed on any prospective legal guardian and any other adults living in the home of the prospective legal guardian.
3. The Department shall ensure all health and safety requirements have been completed by the prospective legal guardians.

Legal Guardianship Requirements:

The Department shall assure all of the following requirements are met before the legal guardianship is finalized:

1. The child is under 18 years of age and has been in the legal custody of the Department immediately prior to establishing the legal guardianship;
2. The child has resided with the prospective legal guardian for at least six (6) months immediately prior to filing the petition for legal guardianship and entering into a Guardianship Subsidy Agreement. However, the six (6) months placement requirement may be waived by the District Manager for sibling groups when at least one (1) sibling meets all legal guardianship requirements;
   1. In order for a child to be eligible for a IV-E guardianship subsidy, the six (6) month requirement cannot be waived.  Children eligible for a IV-E guardianship subsidy must meet all legal guardianship requirements, including the child being eligible for IV-E  foster care maintenance payments while residing for at least six (6) consecutive months in the home of the prospective relative guardian.
   2. The six month requirement shall not be waived in the absence of extenuating circumstances. The Department shall carefully consider the stability of the placement and the potential consequences of pursuing the guardianship prior to six months, which will include the child being ineligible for IV-E guardianship.
3. Reunification of the child with his/her parent(s) and adoption have been ruled out as permanency goals, despite reasonable efforts having been made to reunite the family or to seek adoption of the child;
4. The child has a strong attachment to the prospective legal guardian(s) and the prospective legal guardian(s) has a strong commitment to caring permanently for the child;
5. Children age 14 years of age and older have participated in creating the legal guardianship arrangement. 
6. The legal guardian(s) is able to support the child financially or is able to with the assistance of a subsidy or other resources which may be available to the child.
   1. Guardians may be eligible to receive Relative Caretaker POWER; however, the guardian cannot receive both a subsidy and POWER assistance.
   2. Guardians may also apply to receive child support and/or social security benefits on behalf of the child in their care.
   3. Prior to the finalization of the guardianship, financial arrangements such as monthly subsidy payments and Medicaid/health insurance matters shall be agreed upon by the Department and the prospective guardian(s).
7. If the prospective legal guardian is located outside of Wyoming, the Department shall follow the Department's Interstate Compact on the Placement of Children (ICPC) policy to ensure that appropriate home studies have been completed and approved by the receiving state.
8. In most cases, the prospective legal guardian(s) is already an approved adult relative home or a certified foster home, and the health and safety requirements have already been met. If not, the requirements shall be completed.  The prospective guardian may qualify for a state funded foster care maintenance payment while completing certification and Legal Guardianship requirements.  

Establishing a Legal Guardianship:

The Attorney General’s (AG) office provides legal assistance to the Department to establish legal guardianships for children in Department custody. The AG’s office reviews legal guardianship requests for appropriateness and prepares all necessary petitions and filings.

A legal guardianship is not fully effective until the Order of Guardianship is entered, then the Oath of Guardians is signed and filed, and Letters of Guardianship are entered by the Clerk of District Court.  The juvenile court case should not be dismissed before all of these steps are completed.  

If the guardianship is going to be subsidized, the subsidy agreement shall be entered into before the Order of Guardianship is entered. 

Case Plan Requirements:

Once guardianship is identified as the most appropriate permanency option for the child, an updated Case Plan shall be completed with guardianship listed as the permanency goal.

1. The Department shall include a description of the following within the case plan:
   1. The steps that the agency has taken to determine that it is not appropriate for the child to be returned home or adopted;
   2. The reasons for any separation of siblings during placement;
   3. The reasons why a permanent placement with a fit and willing relative through guardianship is in the child's best interest;
   4. The ways in which the child meets the eligibility requirements for a kinship guardianship;
   5. Efforts the Department  has made to discuss adoption by the child's relative foster parent as a more permanent alternative to legal guardianship and, in the case of a relative foster parent who has chosen not to adopt, documentation of reasons;
   6. Efforts made by the state to discuss with the child's parent or parents the guardianship arrangement or the reasons why the efforts were not made.

Guardian's Report:

The Department shall notify the prospective legal guardian about their responsibility to routinely report to the Department and the court regarding the child in their care.   

The guardian shall complete a written report regarding the overall condition of the ward in their care. The signed report shall be filed with the court within the guardianship proceedings, and provided to the Department.   At a minimum, the report shall cover the following:

1. The physical condition of the ward, including level of disability or functional incapacity (if applicable);
2. Primary  residence;
3. Treatment, care, and activities of the ward;
4. A description of those actions the guardian has taken on behalf of the ward.

The report must be completed and filed with the court according to the following timelines:

1. Within six (6) months of the guardian's appointment;
2. Every six (6) months following the initial report;
3. Within thirty (30) days of his removal or resignation from, or the termination of, the guardianship;
4. At other times as the court may order.

If a guardian's report is not timely filed, the court may enter an order for the guardian to show cause why the guardian should not be held in contempt.

If the guardian’s report is not provided to the Department according to the court timelines, any applicable guardianship subsidy may temporarily be suspended per the terms of the Guardianship Subsidy Agreement.

Permanent Legal Guardianships:

If a child will be aging out of foster care and the Department has reason to believe that the child will not be able to manage their own affairs as an adult, due to a developmental and/or emotional disability, the Department shall notify the Attorney General’s office and make all reasonable efforts to establish a permanent legal guardianship.

Applicability of Title IV-E Plan Requirements

Social Security Act, sections 471(a)(2) through (9), (12), (13), (20)(C), (25), (26), and (28) through (32) [42 U.S.C. §671(a)(2) through (9), (12), (13), (20)(C), (25), (26), and (28) through (32)] are applicable to the guardian assistance program.

Policy Oversight and Training Review:

Every two years by assigned Social Services Analyst

New Policy

WYOMING PRACTICE MODEL

The Department of Family Services’ Wyoming Practice Model (WPM) is a solution-focused, family centered approach that uses strategies and techniques that build on the children, youth and family’s strengths in an effort to find solutions that ensure safety, permanency, and well-being for children. The Department has integrated elements of evidence-based practices and techniques into its  overall case management philosophy. WPM is a term  encompassing  both the philosophy itself and tools used to support  our best practice casework. 

FEDERAL AND STATE AUTHORITY

Wyoming Statutes: 3-1-101 through 3-1-111 and 3-2-102

Federal Statutes:     

473(d)(3)(A-C), [42 U.S.C. §673(d)(3)(A-C)];

473(a)(4)(A&B), [42 U.S.C. §673(a)(4)(A&B)];

473 (d)(1)(A-C), [42 U.S.C. §673(d)(1)(A-C)];

473 (d)(2), [42 U.S.C. §673(d)(2)];

473(b)(1-4), [42 U.S.C. §673(b)(1-4)];

471(a), [42 U.S.C. §671(a)];

471(a)(28), [42 U.S.C. §671(a)(28)];

471(a)(20)(C), [42 U.S.C. §671(a)(C)];

475(1)(F), [42 U.S.C. §675(1)(F)];

 479(B)(c)(1)(C)(ii)(II), [42 U.S.C. §679c(1)(C)(ii)(II)].

DEFINITIONS:

Case Plan: The Department's written document which outlines the outcomes, goals, and tasks in order to meet the needs of the family with regards to safety, permanency and well-being of the child. {Wyoming Child Protection Rules, Chapter 1, Section 4}

Child: A person under eighteen (18) years of age. {W.S 14-3-202, W.S. 14-3-402,W.S. 14-6-201, 14-6-402}

Concurrent Plan: A case plan developed in addition to the child's main case plan with other possible outcomes to assure safety and permanency for the child. {Wyoming Child Protection Rules, Chapter 1, Section 4}

Diligent Search: Efforts made to contact absent parents, relatives and others. {Wyoming Adoption Rules, Chapter 1, Section 3} 

Interstate Compact on Adoption and Medical Assistance (ICAMA): A compact established to ensure that children subject to a IV-E guardianship subsidy agreement moving across state lines receive medical and other services. {Wyoming Adoption Rules, Chapter 1, Section 3} 

Interstate Compact on the Placement of Children (ICPC): The compact in place to ensure protection and services to children who are placed across state lines for foster care, guardianship, or adoption. {Wyoming Adoption Rules, Chapter 1, Section 3} 

Legal Guardian: A person appointed by court order to be the guardian of a minor child who is required to exercise the powers and duties of a guardian pursuant to that court order and applicable statutes. {Social Security Act, Part IV-E, 42 U.S.C. §670}

Permanency: An individualized, most appropriate, permanent plan for the child, including but not limited to family reunification, adoption, guardianship, or Another Planned Permanent Living Arrangement. {Wyoming Child Protection Rules, Chapter 1, Section 4}

POWER Caretaker Relative Program: Provides cash assistance to family members, such as grandparents, aunts or uncles, who are the primary caregiver to children whose parents are not in the same home and are responsible for the daily care and control of the children.

Reasonable Efforts: The term "reasonable" generally means fair, proper, just, moderate, or suitable under the circumstances. Reasonable efforts means doing what is reasonable; it does not mean doing everything that is possible. {W.S 14-3-202, W.S. 14-3-402,W.S. 14-6-201, 14-6-402}

Relative: For purposes of the guardianship policy and procedures only, relative is defined as: adult siblings, grandparents, great grandparents, aunts, uncles, a parent of a sibling of the child (if the parent has legal custody of the sibling), and kin. Kin are individuals who are unrelated by birth or marriage, but have a significant relationship that would take on the characteristics of a family relationship. Kin is a person to whom the child or child’s family had a significant emotional tie prior to Department involvement.  {Social Security Act, Part IV-E, 42 U.S.C. §670; Wyoming Adoption Rules, Chapter 1, Section 3 and Public Law 113-183; Preventing Sex Trafficking and Strengthening Families Act}

SNAP: Supplemental Nutrition Assistance Program (SNAP) is designed to promote the general welfare and safeguard the health and well being of the nation's population by raising the levels of nutrition among low-income households.

Subsidized Guardianship: The granting of financial and/or medical assistance to an approved prospective guardian which may include a monthly cash subsidy, one-time non-recurring guardianship expenses, and/or Medicaid coverage. Medicaid may only be included in a Guardianship Subsidy Agreement for IV-E eligible guardianships. {Social Security Act, Part IV-E, 42 U.S.C. §670}

PURPOSE:  

The purpose of this policy is to outline the Department of Family Services (Department’s) requirements  for providing financial assistance through a subsidy to facilitate the permanency goal of guardianship. If the legal guardian’s financial concerns are the only barrier to pursuing a legal guardianship, the Department may negotiate a guardianship subsidy, which shall be reflective of the specific needs of the child. 

POLICY: 

Prospective legal guardian(s) shall be notified about the availability of a guardianship subsidy, which may include Medicaid, one-time non-recurring expenses, and/or a monthly cash payment.

Eligibility for a  IV-E Guardianship Subsidy:

A child is eligible for a IV-E guardianship subsidy if the Department determines that:

1. The child has been:
   1. Removed from his or her home pursuant to a voluntary placement agreement or as a result of a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child; and
   2. Eligible for foster care maintenance payments while residing for at least six (6) consecutive months in the home of the prospective relative guardian;
2. Reunification or adoption are not appropriate permanency options for the child;
3. The child demonstrates a strong attachment to the prospective relative guardian and the relative guardian has a strong commitment to caring permanently for the child; and
4. With respect to a child who has attained 14 years of age, the child has been consulted regarding the guardianship arrangement; or

The child has been placed with a successor guardian named in the guardianship agreement.

The child and any sibling of the eligible child may be placed in the same guardianship arrangement, if the Department and the guardian agree on the appropriateness of the arrangement for the siblings; and

1. Guardianship subsidy payments may be paid on behalf of each sibling.

The Department cannot provide a guardianship subsidy for children who were not in Department custody when the legal guardianship was established.

Eligibility for a State Funded Guardianship Subsidy:

Reunification or adoption are not appropriate permanency options for the child.

The Department cannot provide a guardianship subsidy for children who were not in Department custody when the legal guardianship was established.

The State has made a determination that the child demonstrates a strong attachment to the prospective guardian(s);

Legal guardian(s) are committed to the child and want to care for the child permanently.

Determining Eligibility for a IV-E Guardianship Subsidy:

Relatives, as defined above, may be eligible for a IV-E guardianship subsidy, if other eligibility requirements are met. Other prospective guardians may be eligible for a state funded subsidy. 

1. Eligibility for a IV-E guardianship subsidy or state funded subsidy will be determined through consultation with the IV-E Benefit Specialist.
2. Children who are eligible for a IV-E guardianship subsidy are categorically eligible for IV-E Medicaid.

Medicaid:

Non IV-E Medicaid Eligibility (State funded guardianship subsidy, not IV-E eligible):

1. The legal guardian(s) may apply for Medicaid coverage for the child in their care. It is the responsibility of the guardian to apply for Medicaid coverage once the guardianship has been finalized.

IV-E Medicaid (IV-E eligible only):

1. Children who are placed in an eligible IV-E guardianship and for whom a IV-E guardianship subsidy payment is being made will be categorically eligible for IV-E Medicaid. The Department is responsible for notifying Medicaid of the guardianship arrangement and the child’s continued eligibility for Medicaid.

Negotiating Guardianship Subsidy Agreements:

The prospective legal guardian(s) shall complete an Application for Guardianship Subsidy and/or Waiver on behalf of each child regardless of whether or not they wish to receive a subsidy.

The Department shall work directly with the prospective legal guardian to evaluate the needs of the child and come to an agreement regarding the financial and medical assistance that will be provided to the family, which may include a monthly cash subsidy, Medicaid coverage for the child, and/or assistance in paying for the one-time, non-recurring fees associated with finalizing the guardianship. 

1. The determination of the amount of monthly cash payment shall be based upon the child's needs and the circumstances of the prospective legal guardian(s).
2. The prospective legal guardian(s) may not be eligible for a cash guardianship subsidy if they have chosen to take advantage of other funding sources such as Relative Caretaker POWER.
   1. The guardian(s) shall cooperate with child support enforcement, if they choose to receive relative caretaker POWER.
3.  The amount of the monthly cash payment will ultimately be decided by the Department and shall not exceed the foster care maintenance payment which would have been paid on behalf of the child if the child had remained in a foster family home.
4. Payment of one-time, non-recurring expenses related to the facilitation of a guardianship may be provided by the Department. The amount of one-time, non-recurring expenses is dependent upon the circumstances of each guardianship. While $2,000 is the maximum amount, each guardianship will vary in the amount necessary.
   1. In accordance with the Legal Guardianship Policy, the Attorney General’s office is able to establish legal guardianships on behalf of the Department. The Legal Guardianship Policy shall be followed unless the District Manager determines it is appropriate to use a local private attorney and offer reimbursement of the one-time, non-recurring expenses.
5. After the subsidy is agreed upon by the Department and the prospective legal guardian(s), a Guardianship Subsidy Agreement shall be completed and signed by all the legal guardian(s), Department Caseworker, and the Department District Manager prior to the entry of the Order Appointing Guardians. The guardianship subsidy shall not and cannot be paid if the Guardianship Subsidy Agreement was not signed prior to finalization of the legal guardianship.  Finalization of the legal guardianship is done once the Letters of Guardianship are entered by the Clerk of Court.
6. The Department shall provide the prospective legal guardian with a copy of the signed agreement.

A legal guardianship is not fully effective until the Order of Guardianship is entered, then the Oath of Guardians is signed and filed, and Letters of Guardianship are entered by the Clerk of District Court.  The juvenile court case should not be dismissed before all of these steps are completed.

If the guardianship is going to be subsidized, the subsidy agreement shall be entered into before the Order of Guardianship is entered.   Because of the possibility of the Oath and Letters being filed on the same day the Guardianship Order is entered, the worker should not wait to begin work on the subsidy paperwork, but should begin that work at or before the time the AG files the petition for guardianship.

Once a guardianship subsidy is established, the agreement shall remain in effect as long as the legal guardian(s) is:

1. Using the subsidy to provide for the care and support of the child; and/or,
2. Following all requirements of the Guardianship Subsidy Agreement, including an annual review of the needs of the child in care of the legal guardian(s). Terms of the agreement include:
   1. This agreement shall continue in effect until the child’s 18th birthday. 
   2. The guardian(s) shall immediately notify DFS: 1) of any change in address of the child and/or guardian; 2) if guardian(s) is no longer legally responsible for the child; 3) if the child is no longer receiving any support from the guardian(s); and/or, 4) if the guardianship is terminated.
   3. This agreement shall remain in effect regardless of the state of residence of the guardian(s).  (Refer to ICPC Procedures, Subsection ICAMA.)
   4. The guardian(s) shall cooperate with the annual review process.
   5. The guardian(s) shall notify DFS if the child is not enrolled in and attending school, home school program or independent study program through the school district full time.
   6. Guardianship subsidy may be suspended if the child goes into placement.
   7. Every six months, the guardian(s) shall submit the Guardian’s Report to the court and provide a copy to the Department.
   8. In the event the Department is required or determines to make an across-the-board reduction in the amount of subsidy payments, DFS may adjust the amount of cash payments without the guardian’s approval.

Once a legal guardianship has been finalized, the Department cannot fund the adoption of the child or enter into an adoption subsidy agreement.

Termination of the Guardianship Subsidy Agreement:

The legal guardian(s) are required to inform the Department of circumstances that would make them ineligible for guardianship subsidy payments or eligible for guardianship subsidy payments in a different amount. (see Negotiating Guardianship Subsidy Agreements C. (ii).  

The guardianship subsidy may be suspended or terminated if the legal guardian(s) is not using the guardianship subsidy to provide for the care and support of the child and/or meeting all of the requirements in the Guardianship Subsidy Agreement. The Department District Manager or his/her designee shall notify the legal guardian(s) of that decision in writing.

1. If the legal guardian does not agree with that decision, regarding the Guardianship Subsidy Agreement, the legal guardian shall write to the Department District Manager or his/her designee within 30 calendar days from the date of the adverse decision and request that a fair hearing be scheduled.

The Guardianship Subsidy Agreement, including monthly cash subsidy payments must terminate upon the child’s 18th birthday. Under Wyoming law, a legal guardianship for a minor cannot extend past the child’s 18th birthday. Within the Guardianship Subsidy Agreement the Department shall indicate the child’s 18th birthday so all parties have a clear understanding about when the agreement will terminate. The guardianship itself will terminate on the child’s 18th birthday.

Successor Legal Guardian:

In the event of the death or incapacitation of the child’s legal guardian, a successor legal guardian shall be identified.

1. If a relative or kin guardian dies or becomes incapacitated and a successor legal guardian takes over care, custody and control of the child, the guardianship subsidy payments may continue.
2. Fingerprints and central registry checks must be completed before payments can be made to the successor legal guardian.
   1. If the successor legal guardian does not pass the background check requirements, they will not be eligible to receive the monthly cash subsidy.

Annual Review:

The Guardianship Subsidy Agreement shall be reviewed at least annually to determine if the terms of the agreement have changed or remain the same. The legal guardian is required to sign an Annual Review Form for Subsidized Guardianship provided by the Department indicating: 

1. If the child has reached his/her 18th birthday;
2. If the legal guardian continues to be legally responsible for the child, and if they are providing financial support for the child;
3. If the child continues to reside in the home of the legal guardian;
4. If there are any changes in the household that would affect the Guardianship Subsidy Agreement; and
5. If the legal guardian is satisfied with the terms of the Guardianship Subsidy Agreement amount.

Funding for the state funded legal guardianship subsidy program is contingent upon the availability of state money and is subject to termination at the annual review if funds are not available.

Administrative Hearings:

If a Guardianship Subsidy Agreement is denied, terminated, or modified, the Department District Manager or his/her designee shall notify the guardian(s) of that decision in writing.

1. If the legal guardian does not agree with that decision, regarding the Guardianship Subsidy Agreement, the guardian(s) shall write to the Department District Manager or his/her designee within 30 calendar days from the date of the adverse decision and request that an administrative  hearing be scheduled.

Moving Out of State:

Once the child has been determined eligible for a IV-E Guardianship, the Guardianship Subsidy Agreement continues in effect regardless of the state of residence.

1. The legal guardian(s) must notify the Department of any change in his/her address.
2. The Department state office shall notify the new state of the child's eligibility status for Medicaid coverage once the information is received from the legal guardian(s) and request is made for Medicaid.
3. The Department is responsible for payment of the subsidy amount to the legal guardian(s) in their new state of residence.
4. The Department shall notify the Wyoming Department of Health Medicaid office when the child moves to another state so the Wyoming Medicaid case can be closed.

Subsidy for One-time, Non-recurring Guardianship Expenses Only:

If an ongoing subsidy (monthly cash payment and continued Medicaid coverage) is not in place, the Guardianship Subsidy Agreement shall terminate upon payment of the one-time, non-recurring guardianship expenses.

Applicability of Title IV-E Plan Requirements

Sections 471(a)(2) through (9), (12), (13), (20)(C), (25), (26), and (28) through (32) [42 U.S.C. §671(a)(2) through (9), (12), (13), (20)(C), (25), (26), and (28) through (32)] are applicable to the guardian assistance program.

Policy Oversight and Training Review:

Every two years by assigned Social Services Analyst

New Policy

A. Purpose

The Department of Family Services (DFS) shall provide assistance and services to youth essential for them to successfully transition to adulthood. Eligible youth are those that are age 14 years or older and that have not yet attained 21 years of age who are or have been in foster care placement. ¹

B. Procedure

1. Independent and Transitional Living Services- The DFS Caseworker shall refer all eligible youth to the local Independent Living Provider who shall assist the youth transition to self-sufficiency by providing Chafee funded services such as assistance in obtaining a high school diploma, career exploration, training in daily living skills, training in budgeting and financial management skills, substance abuse prevention, and preventive health activities.

a. All services provided to the youth by the Independent Living Provider shall be documented and available to the DFS case worker for review.

b. The DFS Caseworker and/or Independent Living Coordinator shall provide education to youth about the importance of designating another individual to make health care treatment decisions on his/her behalf if the youth is unable to make those decisions. This information shall be included in the Independent and Transition Plan for youth aging out of care. ²

c. Youth who have aged out of care are eligible to continue receiving Medicaid services until 26 years of age. Before the youth is discharged from custody, the DFS Caseworker shall notify Medicaid using form F-SS607 to ensure the appropriate adjustments are made so benefits may continue. The DFS Caseworker shall advise the youth the importance of notifying the Wyoming Department of Health of his/her current address to continue receiving Medicaid.

d. Rights for Wyoming Foster Youth. All youth in DFS custody have rights. These rights are listed in the “Rights for Wyoming Foster Youth” (F-SS9r) which shall be included with the Family Services Plan/YES case plan for any youth 14 years of age or older and signed by the youth as acknowledgement of receipt. ³

e. The DFS State office shall request an annual credit report for all youth in DFS custody age 14 and older and provide any credit report history to the youth's Caseworker.  ⁴

1) The DFS Caseworker shall review the report with the youth, help him/her interpret the report,
Advise the youth of the sensitive nature of their credit information and how to protect it,
and work to correct any inaccuracies. The report shall not be otherwise distributed.

2) The DFS Caseworker shall address credit reports and consumer skills on the youth's Independent and Transitional Living Plan (F-SS09t).

2. Skills Assessment

a. For youth in foster care, 14 to 21 years of age, the DFS Caseworker shall make arrangements to ensure youth complete the Ansell-Casey Life Skills Assessment (ACLSA). The ACLSA shall assist the DFS Caseworker and Independent Living Provider to identify the youth’s greatest area of needs and provide the most appropriate interventions to address those needs. If appropriate, the caregiver(s), parent(s), or legal guardian(s) shall also complete the ACLSA instrument.

b. A copy of the ACLSA results shall be given to the youth, caregiver(s), parent(s), legal guardian(s) and be present in the DFS file.

c. When the ACLSA is completed with the youth by the DFS Caseworker, he/she shall use the following formula for the youth’s identifier organizational ID for confidentiality purposes:

1) WYDFS with the three (3) digit county ID number;
2) The first initial of his/her first name and first five (5) letters of the last name; and
3) The last four (4) digits of the social security number.
Example: WYDFS120JSMITH0000

3. Independent and Transitional Living Plan

a. The Independent and Transitional Living Plan (F-SS09t) shall be developed in collaboration with all youth ages 14 and older. Independent and Transitional Living Plan shall be an addendum to the Family Service Plan and/or Youth Empowered Success (YES) Case Plan.

1) At least six (6) months prior to the youth aging out of care, the Independent and Transitional Living Plan shall be reviewed by the support team identified by the youth and updated as needed. It is recommended the support team review the plan with the youth at least monthly to assure all of the services and supports identified by the youth are in place to assist with a successful transition from care. ⁶

b. The DFS Caseworker and Independent Living Provider shall utilize the identified needs from the ACLSA to assist the youth to develop the needed skills.

c. The Independent and Transitional Living Plan shall address how the youth will gradually assume more responsibility for independence (i.e. finances, home maintenance, transportation, physical and mental health, use of leisure time, employment) and provide supervision to development and maintain positive adult connections which will follow him/her into adulthood.

d. A team meeting involving the caregiver(s), parent(s), legal guardian(s), mentors, friends, and/or employers may be utilized to create the youth’s Independent and Transitional Living Plan to assist the youth in building a strong support network.

4. Educational and Training Vouchers (ETV)

a. Youth may apply for ETV funds through the Independent Living Provider located in his/her district or the DFS State Office Program Manager. Eligible youth may receive up to $5,000 per school year to cover unmet educational needs. If the youth is in DFS custody at the time of application, the DFS Caseworker shall review and sign the ETV Application The ETV Application is located on the DFS webpage.

1) Youth are eligible for ETV if:

a) He/She meets one of the following criteria:

(1) Youth were in foster care* for 12 months after his/her 14 year birthday;
(2) Youth were adopted or placed in guardianship from foster care on or after his/her (3) Youth have left care after his/her 18 year birthday; AND

b) Youth has a high school diploma or GED; AND

c) Youth attend at least half-time an accredited school that:

(1) Awards a Bachelor’s degree or not less than a two (2) year program that provides credit towards a degree
(2) Provides no less than one (1) year of training towards gainful employment; and/or
(3) Is a vocational program which provides training for gainful employment and the

2) Youth must maintain a 2.0 Grade Point Average (GPA) or better to continue to receive ETV funds. Awards after the first semester will be based on the student’s GPA.

3) Eligibility ends at 23 years of age and only if the youth has received ETV funds prior to
his/her 21 year birthday and receiving passing grades.

5. Child/youth Portfolio. The Department of Family Services and/or Transitional Living Provider shall provide the youth, if 18 years old or older, with original legal documents that will assist him/her with his/her independent living needs when the leaving care. ⁷ A list of these documents is available on the Independent and Transitional Living Plan (F-SS09t)

6. The Chafee Foster Care Independence Act of 1999- allows a portion of allocated federal Chafee funds to be used for room and board for youth who have left foster care because he/she attained 18 years of age and not yet turned 21 years old. The funds are available through the local independent living coordinator. ¹³

¹ The John H. Chafee Foster Care Independence Program (CFCIP) AND The Educational and Training Vouchers Program (ETV) for Youths Aging out of Foster Care, CFCIP 2002
² Legal Aid of Wyoming, Inc. (877) 432-9955 or (307) 432-0807 AND  Wyoming Advance Health Care Directive form at AARP Wyoming website http://www.aarp.org/states/wy/
³ Preventing Sex Trafficking and Strengthening Families Act
⁴ Child and Family Services Improvement and Innovation Act (2011)/ Title IV-E Plan/ Credit Reports for Youth in Foster Care:  Pub. L. 112-34 and Preventing Sex Trafficking and Strengthening Families Act
⁵ Fostering Connections to Success and Increasing Adoptions Act 2008 (HR 6893) 42 United States Code § 675(5)(H)  and Family Service Plan and/or Youth Empowered Success (YES) Case Plan Policy 1.6
⁶ Helping older youth successfully transition from foster care to independence (42 United States Code § 675(5)(H)).
⁷ Preserving Connections Policy 2.4
¹³ The John H. Chafee Foster Care Independence Program (CFCIP) AND The Educational and Training Vouchers Program  (ETV) for Youths Aging out of Foster Care, CFCIP 2002