WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Child Protection Services POLICY: CPS Intake and Track Assignment POLICY NUMBER: 1.1 |
EFFECTIVE DATE: October 1, 2015 | Current: 10/2015 Revised: 4/06, 10/09, 1/13, 10/15 Original: 11/2002 |
- Purpose
Intake is the first stage of the child protection process which allows the Department of Family Services (DFS) to gather sufficient information from a reporter and DFS records to identify and locate the child(ren)/youth, parent(s), or caretaker(s). The information gathered helps determine if the referral meets the statutory definitions of child abuse and/or neglect, helps assess the seriousness of the child(ren)/youth and family’s situation and if the referral is within the scope of Child Protective Services (CPS). 1 The expectation is that a family-centered, strengths-based approach is implemented so the reporter is able to voice his/her concerns and DFS can understand the relationship of the reporter to the family as well as the motives of the reporter. - Procedure
- Process
- 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
- Reporter Information. All information about the reporter shall be documented (i.e. name, address, phone number and relationship to the child(ren)/youth).
- Referral Information. The DFS Caseworker shall collect pertinent information from the reporter related to the following:
- Child(ren)/youth’s information;
- Parent(s) and/or caretaker(s)’s information;
- Alleged perpetrator(s)’s information;
- Other household members;
- Address and phone number(s);
- Allegations;
- Collect as much specific information from the reporter, including, what, where and when the incident occurred.
- Relative information;
- Prior history;
- Collateral contacts;
- Other concerns:
- Domestic violence in the home;
- Family member’s drug/alcohol use;
- Physical and/or mental health issues; and
- Special needs for any family members.
- The strengths of the family and the family’s culture; and
- 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);
- 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.
- Once the intake is complete, the DFS Caseworker shall give it to a supervisor or designee immediately. 3
- 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
- Identify and locate the child(ren)/youth and the parent(s) and/or caretaker(s);
- Determine if the referral requires special investigation;
- Assess the seriousness of the situation, consider the urgency for response, and initiate the safety assessment;
- Immediate Response. The supervisor shall determine the need for immediate response. In-person contact shall be immediately attempted (and made no later than twenty-four (24) hours after receipt of the referral) with the alleged victim and/or family when the referral alleges any of the following: 5
- A major injury;
- A child(ren) under the age of six (6) years;
- Child(ren)/youth who are suffering from acute and untreated medical conditions;
- Child(ren)/youth who are in immediate need of food;
- In addition to abuse and/or neglect, the parent(s) or caretaker(s) are psychotic, behaving in a bizarre manner or acting under the influence of drugs or alcohol;
- Bizarre punishment or torture;
- In addition to abuse and/or neglect, the child(ren)/youth is suicidal;
- Involving abandonment;
- Doctors and hospital emergency rooms concerning child(ren)/youth under their care;
- Parent(s) who state they are unable to cope and feel they will hurt or kill their child(ren)/youth;
- When it is likely the family may flee the area;
- The need for protective custody is indicated;
- The use or manufacture of methamphetamine;
- Withholding of medically indicated treatment from disabled infants with life-threatening conditions; 6 and/or
- Victim of Human/Sex Trafficking. 7
- 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
- Collateral contact. DFS may make collateral contacts for the purpose of assessing safety, clarifying, or establishing the credibility of the referral, and to help determine the appropriate track. 9
- Collateral contacts shall not be considered as initiating an investigation or assessment unless the referral is subsequently accepted.
- School employees and records, law enforcement, Benefit Specialists, medical personnel, public health, mental health may be used as collateral contacts.
- The DFS Caseworker shall check records to obtain pertinent information, including past DFS involvement, which may include, but not limited to: 10
- DFS data system focusing on narrative and history;
- DFS files;
- Police records (SS-32); and/or
- CPS records from other states if the DFS Caseworker believes it to exist.
- Accept or Reject Referral. The referral shall be rejected or assigned by the DFS Supervisor within twenty-four (24) hours and document in the DFS data system as to the reason for the track assignment.
- Accepted Referrals. An intake shall be assigned to the Investigation Track or Assessment Track if the referral meets the definition of abuse and/or neglect, 11 or Prevention Track if there are no allegations of abuse and/or neglect, but risk factors and services to the family could prevent abuse and/or neglect from occurring.
- Definitions
- Abuse- inflicting or causing physical or mental injury, harm or imminent danger to the physical or mental health or welfare of a child other than by accidental means, including abandonment…, excessive or unreasonable corporal punishment, malnutrition or substantial risk thereof by reason of intentional or unintentional neglect, and the commission or allowing the commission of a sexual offense against a child. 12
- Neglect- with respect to a child means a failure or refusal by those responsible for the child's welfare to provide adequate care, maintenance, supervision, education or medical, surgical or any other care necessary for the child's well being. Treatment given in good faith by spiritual means alone, through prayer, by a duly accredited practitioner in accordance with the tenets and practices of a recognized church or religious denomination is not child neglect for that reason alone. 13
- Tracks
- Investigation Track. After a referral has been accepted, it shall be assigned to the Investigation Track if the referral alleges abuse and/or neglect and meets the criteria for the Investigation Track. 14 The criteria includes:
- Criminal charges could be filed;
- Child(ren)/youth appear to be in imminent danger (includes threatened harm and means a statement, overt act, condition or status which represents an immediate and substantial risk of sexual abuse or physical or mental injury even when there are no signs of injury; 15
- It is likely child(ren)/youth will need to be removed from his/her home;
- Child(ren)/youth fatality;
- Major injury; and/or
- Sexual abuse.
- Assessment Track. After a referral has been accepted, it shall be assigned to the Assessment Track if the referral alleges abuse and/or neglect but does not meet the criteria for the Investigation Track. 16
- Prevention Track. After a referral has been accepted where there are no allegations of abuse and/or neglect, but there are identified risk factors that indicate the need for services to prevent abuse and/or neglect. 17
- 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:
- 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.
- Definitions
- Rejected Referrals. Rejection of a referral requires supervisory authority within twenty-four (24) hours and document in the DFS data system as to the reason for the rejection. The following referrals may be rejected: 18
- Referrals in which the reporter can give no credible evidence or reason to suspect that abuse and/or neglect has occurred;
- Referrals in which insufficient information is given to identify and/or locate the child(ren)/youth;
- Referrals involving physical or sexual assaults on child(ren)/youth by persons who are not the caretaker(s), which are criminal issues and referred to law enforcement;
- Referrals where the events took place more than six (6) months previous;
- Referrals with the allegations state a caretaker was Driving Under the Influence (DUI) arrest that occurred more than one (1) year prior. DUI referrals may be reviewed for consideration by the district manager and supervisor; and/or
- Referrals involving a child(ren)/youth who has committed a sexual offense and has already entered an appropriate treatment program that will adequately address his/her offender behavior, and the victim(s) has or is receiving appropriate treatment.
- Closed Referrals. An intake may be closed as unfounded with supervisory approval.
- Information and Referral.If the referral is not accepted, the DFS caseworker may make a referral for services to other community resources, agencies or DFS programs.
- 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.
- 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
- 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
- New Referrals
- DFS shall initiate a new intake of abuse and/or neglect discovered during the course of an assessment or investigation. 19
- 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.
- 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.
- Process
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)
WYOMING DEPARTMENT OF FAMILY SERVICES |
CHAPTER: Child Protection Services POLICY: Reports of Withholding Medically Indicated Treatment from Disabled Infants POLICY NUMBER: 1.1.1 |
EFFECTIVE DATE: January 14, 2013 | Current: 1/13 Revised: 2/08, 1/13 Original: 8/01 |
- Purpose
Child Abuse Prevention Treatment Act (CAPTA) allows the Department of Family Services (DFS) to have procedures to respond to referrals of withholding of medically indicated treatment which means failure to respond to a disabled infant’s life threatening condition by providing treatment, including appropriate nutrition, hydration, and medication. 1 The term does not include the failure to provide treatment to a disabled infant when, in the treating physician’s medical judgment:- A disabled infant is chronically and irreversibly comatose;
- The provisions of such treatment would:
- Prolong dying;
- Not be effective in ameliorating or correcting all of the disabled infant’s life-threatening conditions; or
- Otherwise be futile in terms of the survival of the disabled infant;
- The provision of such treatment would be virtually futile in terms of the survival of the disabled infant and the treatment itself under such circumstances would be inhumane.
- Procedure
- Refer Intake Immediately
- 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.
- The District Manager shall contact the Social Services Division (SSD) Administrator immediately with the information.
- Determine Status of Disabled infant. The DFS caseworker shall:
- Work with the hospital liaison to determine the disabled infant’s status; 2 and
- 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.
- 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
- Decide Upon CPS Action. The DFS caseworker, supervisor, and District Manager shall prepare the investigation information to review with the SSD Administrator.
- 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.
- Decision-Making
- The DFS caseworker shall conduct the investigation. 4
- 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:
- The availability of a hospital review process that has not yet taken place; and
- 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.
- 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.
- 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.
- 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:
- Independent medical evaluation; or
- Emergency medical treatment. 5
- Follow-Up. The DFS caseworker shall offer and provide appropriate services to meet the family’s needs and monitor court ordered treatment. 6
- Refer Intake Immediately
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
WYOMING DEPARTMENT OF FAMILY SERVICES |
CHAPTER: Child Protection Services POLICY: Safe Haven “Relinquishment of a Newborn” POLICY NUMBER: 1.1.2 |
Current: 1/13 Revised: 4/07, 1/13 Original: 4/07 |
- Purpose
Safety for a Newborn Child Act provides to a parent of a newborn child, 14 days or younger, to relinquish the child so he/she may be cared for and protected. The relinquishment of a newborn child shall not constitute abuse and/or neglect and the child shall not be considered an abused and/or neglected child so long as the relinquishment is carried out in substantial compliance with provisions of this act. Safe Haven facilities include: 1- A fire station;
- A hospital; and/or
- A police department or sheriff's office
- Procedures
- 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.
- The DFS Local Office and Caseworker Role
- 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.
- 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.
- The DFS caseworker shall comply with all mandates of the Indian Child Welfare Act (ICWA) 2 if it applies.
- DFS may call to the District/County Attorney informing them of the relinquishment of a newborn child.
- 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.
- 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.
- 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
- Procedure if a Parent Returns
- Parent returns for the child within three (3) months:
- 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.
- If DFS does not know that the parent requesting return of the child is the biological parent:
- DFS shall request the parent provide evidence that he/she is the biological parent. DFS may assist the parent(s) with paternal/maternal testing.
- If the parent does not have satisfactory evidence or is unwilling to cooperate, then DFS shall request assistance from law enforcement to take temporary protective 4 custody with allegations of abandonment. 5
- The DFS caseworker shall contact District/County Attorney to initiate legal proceedings.
- The DFS shall contact and consult with Attorney General’s office.
- The DFS caseworker shall assist the parent with a reunification plan. 6
- 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.
- Parent returns for the child within three (3) months:
- Document in WYCAPS
- Go to Composition Screen, click on the “removal pop-up” and check Safe Haven Box
- Removal Method-voluntary placement and Removal Reason-relinquishment
- 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
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Placement POLICY: Safety Assessment & Planning POLICY NUMBER: 1.2.1 |
EFFECTIVE DATE: January 1, 2020 | Current: 1/2020 Revised: 10/05, 7/11, 2/13, 1/2020 Original: 8/13/0 |
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 DEPARTMENT OF FAMILY SERVICES |
CHAPTER: Child Protection Services POLICY: Child Protection Risk Assessment and Reassessment POLICY NUMBER: 1.2.2 |
EFFECTIVE DATE: January 1, 2020 | Current: 1/2020 Revised: 9/2007, 1/13 Original: 10/2005 |
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
WYOMING DEPARTMENT OF FAMILY SERVICES |
CHAPTER: Child Protection Services POLICY: Prevention Track POLICY NUMBER: 1.3.1 |
EFFECTIVE DATE: January 15, 2016 | Current: 1/16 Revised: 10/09, 1/13, 1/16 Original: 8/01 |
- Purpose
The Prevention Track is to help families access available services to prevent possible abuse and/or neglect and prevent problems from escalating to a level where assessment or investigative services are required. When preventive services are deemed appropriate by the Department of Family Services (DFS), they may be provided if the family voluntarily accepts assistance. 1 - Procedures
- 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:
- Prior open case(s);
- Parent(s) and/or caretaker(s) inability to hold a job and is showing signs of stress;
- Parent(s) and/or caretaker(s) has a past or current alcohol and/or drug problem that is unresolved;
- Parent(s) and/or caretaker(s) is showing signs of stress or being over-whelmed;
- Child(ren)/youth’s unaddressed behavioral issues are causing increased stress for the parent and/or caretaker;
- Parent(s) and/or caretaker(s) has past or current mental health problem that is not being addressed through community services;
- Parent(s) and/or caretaker(s) is using ineffective or age inappropriate discipline methods and is showing signs of increased agitation;
- A pregnant woman is using drugs/alcohol; and/or
- Domestic violence situation where the child(ren)/youth is not present and the child(ren)/youth is not showing behavioral or emotional trauma.
- Process
- 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
- Safety Assessment. The safety of the child(ren)/youth shall be assessed for all accepted referrals. 3
- Risk Assessment. Risk factors shall be assessed for all accepted referrals unless the case is closed within 30 days of acceptance. 4
- 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
- The Safety Plan may be used if opened for less than 30 days;
- Cases open more than 30 days, the DFS caseworker and family shall develop a Family Preservation Plan.
- 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.
- The DFS Caseworker shall close the case when services are no longer needed or appropriate, or the family declines services.
- 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 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)
WYOMING DEPARTMENT OF FAMILY SERVICES |
CHAPTER: Child Protective Services POLICY: Assessment Track POLICY NUMBER: 1.3.2 |
EFFECTIVE DATE: January 15, 2016 | Current: 1/16 Revised: 10/04, 9/07, 10/09, 1/13, 1/16 Original: 11/02 |
- Purpose
The Assessment Track is designed to create a climate in which families will be comfortable in acknowledging family concerns and seek assistance when there are allegations of abuse and/or neglect, but the criteria of an investigation is not met, and services to the family could prevent problems from escalating to a level for which an investigation is warranted. 1The DFS Caseworker shall work with the family to identify strengths and needs, so they may resolve issues that have become problematic and allow for community involvement in meeting the needs of the family. The outcome of the Assessment Track is the identification of natural supports for the family, development of a functioning referral network for the family, and achieving goals developed in a Family Service Plan to alleviate the problems identified by the family and the DFS Caseworker. - Procedures
- Assessment Track Process
- The DFS Caseworker shall immediately attempt in-person contact when the immediate response criteria is met. 2
- Initiating the Assessment
- Initiating an assessment begins when the referral is assigned. The DFS Caseworker shall review the referral and confirm accuracy of the information.
- In-person contact with family members shall be made within seven (7) calendar days of receipt of the referral. 3
- 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.
- 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
- 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.
- In conjunction with the assessment, the DFS Caseworker shall assess and complete the Safety and Risk assessments for all accepted referrals. 5
- Conducting the Assessment with the family
- 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.
- 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.
- The interview with the child(ren)/youth
- During the initial interview with the child(ren)/youth, the DFS Caseworker shall inform him/her that a referral has been received and DFS has 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.
- 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.
- 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
- 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.
- 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:
- 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:
- The family feels they are able to resolve the issues on their own;
- The initial contact is all the intervention required; or
- There was no substance to the referral.
- 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.
- 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.
- 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.
- 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
- Track changes shall occur within seven (7) days of assigning the track with a Supervisor approval.
- The DFS Caseworker and/or Supervisor shall document the decision and reason in case narrative.
- 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).
- 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:
- Service Provision
- 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
- 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.
- Appropriate referrals to other community agencies may be made for child(ren)/youth not at risk of immediate harm.
- 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:
- Include the names, addresses and birthdates of all family members;
- Outline current and previous contacts with the family;
- Identify safety and risk factors;
- Include law enforcement contacts; and
- Include other information that would assist the District/County Attorney.
- Assessment Track Process
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 DEPARTMENT OF FAMILY SERVICES | CHAPTER: Child Protection Services POLICY: Investigation Track POLICY NUMBER: 1.3.3 |
EFFECTIVE DATE: January 15, 2016 | Current: 1/16 Revised: 6/04, 10/09, 9/10, 1/13, 1/16 Original: 11/02 |
- Purpose
The Child Protective Service (CPS) Investigation Track determines if abuse and/or neglect occurred and what interventions may be provided to prevent future abuse. - Procedure
- Investigation Track Assignment. A referral shall be assigned to the Investigation Track if the referral meets the definition of abuse and/or neglect 1 and the criteria for the Investigation Track: 2
- Definition
- Abuse- inflicting or causing physical or mental injury, harm or imminent danger to the physical or mental health or welfare of a child[(ren)/youth] other than by accidental means, including abandonment, excessive or unreasonable corporal punishment, malnutrition or substantial risk thereof by reason of intentional or unintentional neglect, and the commission or allowing the commission of a sexual offense against a child[(ren)/youth] as defined by law; 3 and/or
- Neglect- with respect to a child[(ren)/youth] means a failure or refusal by those responsible for the child[(ren)/youth's] welfare to provide adequate care, food, clothing, safe shelter, maintenance, supervision, , education or medical, surgical or any other care necessary for the child[(ren)/youth's] well being. Treatment given in good faith by spiritual means alone, through prayer, by a duly accredited practitioner in accordance with the tenets and practices of a recognized church or religious denomination is not child neglect for that reason alone. 4
- Criteria for Investigation Track
- Criminal charges could be filed;
- Child(ren)/youth appear to be in imminent danger (includes threatened harm and means a statement, overt act, condition or status which represents an immediate and substantial risk of sexual abuse or physical or mental injury even when there are no signs of injury); 5
- It is likely the child(ren)/youth will need to be removed from his/her home;
- Child/youth fatality;
- Major injury; and/or
- Sexual abuse.
- Definition
- Changing Track Assignment.This may be used when the DFS Caseworker finds concerns during the initial contact regarding abuse and/or neglect issues which do not meet the criteria for the Investigation Track. 6
- Track changes shall occur within seven (7) days of assigning the track with a Supervisor approval.
- The DFS Caseworker and/or Supervisor shall document the decision and reason in case narrative.
- The DFS Caseworker shall provide verbal notice to the family and alleged perpetrator as soon as possible when a decision is made to change the track assignment. Written notice shall be provided to the alleged perpetrator within seven (7) calendar days of when a decision is made to change track assignment. Additionally, written notice shall be provided to the alleged perpetrator within seven (7) calendar days of when a decision is made to change track assignment Child Protection Pamphlet(F-SS3N).
- Investigation Process
- In-person contact shall be immediately attempted when child(ren)/youth appear to be in imminent danger. 7
- DFS shall immediately contact the appropriate law enforcement agency. 8
- DFS shall initiate a new intake of a different allegation type of abuse or neglect discovered during the course of the investigation. 9
- During the course of the investigation, additional reports may be received by the field office regarding the same incident and are to be treated as part of the initial investigation.
- The investigation timelines may be extended with the District Manager’s written approval when the investigation is conducted by law enforcement and law enforcement and/or the county attorney has requested DFS not move forward with the DFS investigation until the criminal investigation has been completed. 10 Documentation/narrative shall be entered into the DFS Data System monthly regarding the status of the criminal investigation and/or reasons law enforcement and/or the county attorney continue to request DFS not move forward with the DFS investigation.
- Temporary Protective Custody. When DFS has been notified a child(ren)/youth has been taken into temporary protective custody by law enforcement, a physician or hospital medical staff, DFS Caseworker shall follow Authority for Placement and Placement Process Policy. 11
- Initiating the Investigation
- Initiating an investigation begins when the referral is assigned. The DFS Caseworker shall review the referral and confirm accuracy of the information.
- Investigative Plan. The DFS Caseworker shall initiate and document in narrative within seven (7) days of assignment interviewees and possible evidence to be gathered.
- In-person Contact. In-person contact with the alleged child(ren)/youth, family and perpetrator(s) of the referral shall be made within twenty-four (24) hours and no later than seven (7) calendar days of receipt of the referral. 12 However, in sexual abuse and facility investigations, formation of the investigative team and investigative plan may take longer than twenty-four (24) hours.
- After attempting immediate initial contact, a delay of in-person contact with the child(ren)/youth and alleged perpetrator(s) beyond seven (7) calendar days shall be approved by the District Manager or his/her designee.
- In-person contact is not required when the DFS Caseworker has made a good faith attempt to contact the subjects of the referral, but cannot locate them. 13
- If the DFS Caseworker is denied access to the child(ren)/youth or the alleged perpetrator(s) refuses to cooperate with the investigation, the DFS Caseworker shall request assistance from law enforcement or the District/County Attorney to gain access. 14
- Safety and Risk Assessments. The DFS Caseworker shall assess and complete the safety and risk assessments for all accepted referrals. 15
- Conducting Initial Interviews
- The initial interview with the child(ren)/youth. During the initial interview with the child(ren)/youth, the DFS Caseworker shall inform him/her that a referral has been received and DFS has duty to ensure the child(ren)/youth is safe and investigate; the investigation may involve law enforcement or the court if needed to protect the child(ren)/youth from further abuse and/or neglect.
- The initial interview of the child(ren)/youth’s parent(s). During the initial interview with the child(ren)/youth 's parent(s) or legal guardian(s), DFS shall provide the Child Protection Pamphlet. 16
- The initial interview of the alleged perpetrator. During the initial interview of the alleged perpetrator, DFS shall provide Child Protection Pamphlet. 17
- Statement of Allegations. The DFS Caseworker shall send and may provide in person a Statement of Allegations (SS-2) to the alleged perpetrator’s last known address by first class mail within seven (7) calendar days of the initial interview of the alleged perpetrator and to the child(ren)/youth 's parent(s) or legal guardian(s). 18
- Investigation Conclusion and Findings
- Upon completion of an investigation, the DFS caseworker shall make a recommended final determination in the Investigation Report(F-SS17A) as to whether a child(ren)/youth was abused and/or neglected to include documentation of interviews and evidence gathered. The Investigation Report shall be submitted to the supervisor before final approval of the findings. 19 The finding shall be based upon whether the information and evidence gathered during the investigation constitutes preponderance of evidence of child abuse and/or neglect. The finding shall be entered into the DFS data system.
- If a finding has not been determined within six (6) months of the case being accepted, the DFS Caseworker shall review the investigation with the supervisor and/or manager and a finding shall be based upon whether the information and evidence gathered during the investigation constitutes preponderance of evidence of child abuse and/or neglect. The finding shall be entered into the DFS data system.
- If a District/County Attorney has asked a finding not be made because of a pending criminal case, or there are other reasons a finding cannot be made after six (6) months, the DFS Caseworker shall notify the District Manager.
- Determination of a finding is a decision made by DFS. Findings may be made prior to or without court adjudication of the same incident. Findings are not dependent on, and may be different from, adjudicative decisions. However, a court finding of child abuse and/or neglect shall be presumptive evidence that the report is substantiated. 20
- Allegations must be determined to be substantiated or unsubstantiated and shall be documented in DFS’s data system. 21
- Substantiation: Information and evidence gathered constitutes a preponderance of evidence that the child(ren)/youth was abused and/or neglected.
- The following criteria shall be present:
- The maltreatment meets the definition of abuse and/or neglect; 22
- The perpetrator is a caretaker, meaning a person responsible for a child(ren)/youth’s welfare; 23 and
- The Supervisor and District Manager have reviewed the investigation report, concur with the finding, and the District Manager signs the Notice of Conclusions (SS-5).
- DFS shall substantiate all allegations where a court has accepted a criminal plea of guilty or nolo contender (adjudicated but not admitting or denying-not contesting) or a civil, juvenile or criminal court has made a finding that the alleged perpetrator committed certain acts that constitute abuse and/or neglect. 24
- When law enforcement conducts an investigation of abuse and/or neglect of a child(ren)/youth, independently from the DFS, and provides a report of the investigation to DFS, the DFS Caseworker shall review the investigation record. After reviewing the record and consulting with the supervisor, manager and investigator, when necessary, the DFS Caseworker shall enter allegation information and an appropriate finding into the computer system.
- Perpetrators of substantiated cases are placed on the central registry. Names of individuals, not facilities, are generally registered on the Central Registry. Exception may be made when maltreatment is likely to persist due to abusive staff, policy, or environmental factors which place child(ren)/youth at risk, and the facility fails to appropriately address these factors. When a facility is placed on the Central Registry, notice of findings and client statement shall be provided to the appropriate person(s) with administrative responsibility for the facility. 25
- The following criteria shall be present:
- Unsubstantiation: In the absence of preponderance of evidence of abuse and/or neglect, the allegations and the investigation shall be unsubstantiated. DFS may offer services to the family. 26
- Substantiation: Information and evidence gathered constitutes a preponderance of evidence that the child(ren)/youth was abused and/or neglected.
- Case Follow-up
- Child(ren) under the age of six (6) receiving services from DFS and involved in a case of abuse and/or neglect shall be referred to agencies providing early intervention services under part C of the Individuals with Disabilities Education Act. 27 Documentation of the screening shall be entered into the DFS Data System within seven (7) calendar days.
- In substantiated cases, the DFS Caseworker may follow-up with a family within three (3) months of case closure to determine how the child(ren)/youth and family are doing. 28
- Third Party and Federal Agency Investigation Findings
- When DFS assists law enforcement in third party criminal complaints (i.e. non-custodial physical, and sexual assaults), the allegation information and appropriate findings may be entered into the computer system if all required notices (SS-2, SS-5, and SS-6) are provided to the subject of the investigation. 29
- When federal agencies conduct maltreatment investigations of a child(ren)/youth in federal parks or on military bases, the cases may be entered into the computer system when sanctioned by an existing agreement or contract signed by DFS, the Attorney General, and the federal agency. 30
- When investigations are completed by the Wind River Reservation under the Intergovernmental Tribal-State Contract for the Provision of Social Services, Tribal Social Services is responsible for entry of cases into the DFS data system. 31
- Notification of Findings
- DFS shall send the Notice of Conclusions (SS-5) and Voluntary Statement (SS-6) within seven (7) calendar days of the conclusion of the investigation to the last known address of the alleged perpetrator by first class mail. 32 DFS Caseworker shall mark the “1st Class Mail” box in the DFS data system.
- DFS shall inform the child(ren)/youth’s parent(s), legal guardian(s), guardian ad litem or legal custodian, the judge (when the child(ren)/youth is in custody of the state) and alleged perpetrator(s) in writing of the conclusions of the investigation. 33
- DFS shall make reasonable efforts to inform the non-custodial parent in writing (copy of SS-5 (deleting address of the perpetrator)) if the investigation is substantiated and of any proposed action to be taken. 34
- DFS shall inform mandated professional reporters who report suspected child abuse and/or neglect that an investigation was conducted and the allegations were substantiated or unsubstantiated. The notification shall be in writing and is the Notice of Conclusions To Reporter(SS-5R).
- When the best interest of the child(ren)/youth requires court action, DFS shall contact the District/County Attorney to initiate legal proceedings and may make available a copy of the Investigation Report. 35
- DFS Caseworker shall send a copy of the Statement of Allegations, Notice of Conclusions and Voluntary Statement to DFS State Office Central Registry Program in all substantiated cases. 36
- Investigation Track Assignment. A referral shall be assigned to the Investigation Track if the referral meets the definition of abuse and/or neglect 1 and the criteria for the Investigation Track: 2
1 W.S. 14-3-202, CPS Rules, Chapter 1, Section 4 and Chapter 2, Section 2(i)
2 WS 14-3-204, CPS Rules, Chapter 2, Section 4
3 W.S. 14-3-202; CPS Rules, Chapter 1, Section 4(b)
4 W.S. 14-3-202; CPS Rules, Chapter 1, Section 4(s)
5 CPS Rules, Chapter 1, Section 4 (b)(ii)
6 CPS Rules Chapter 2, Section 4 (n)
7 CPS Rules, Chapter 2, Section 4(e)
8 W.S 206(a)(i) CPS Rules, Chapter 2, Section 4(c)
9 CR Rules, Chapter 2, Section 2(d)
10 CPS Rules, Chapter 2, Section 4(d)
11 WS 14-3-208, CPS Rules Section 4(l) and Authority for Placement and Placement Process Policy 2.1
12 CPS Rules, Chapter 2, Section 4
13 CPS Rules, Chapter 2, Section 4(f)(i)
14 CPS Rules, Chapter 2, Section 4(f)(ii)
15 CPS Rules, Chapter 2, Section 2 (e); Safety Assessment Policy 1.2.1 and Risk Assessment Policy 1.2.2
16 CPS Rules, Chapter 2, Section 4(g)(ii)(A-C)
17 W.S. 14-3-204(a)(iii); CPS Rules, Chapter 2, Section 4(h)(i-ii)
18 W.S. 14-3-204(a)(v)
19 Legislative Child Protection Audit 2008
20 CPS Rules, Chapter 2, Section 6 and CR Rules Chapter 2, Section 2(e)
21 W.S. 14-3-202(a)(ix-x); CPS Rules, Chapter 2, Section 6 (b) and (d); CR Rules Chapter 2, Section 2(f)
22 W.S. 14-3-202(a ); CPS Rules, Chapter 2, Section 6(a)
23 W.S. 14-3-202(a)(i)
24 CPS Rules, Chapter 2, Section 6(b)(ii)
25 CR Rules Chapter 2, Section 2(b)
26 CPS Rules, Chapter 2, Section 6 (b)(iii) and Section 7(d)
27 Individuals with Disabilities Education Act (IDEA) and Child Abuse Prevention Treatment Act (CAPTA); 14-3-2049(a)(ix)
28 CPS Rules, Chapter 2, Section 8
29 WS 14-3-204 & CR Rules, Chapter 2, Section 1(c)
30 CR Rules, Chapter 2, Section 1(d)
31 CR Rules, Chapter 2, Section 1(e)
32 WS 14-3-204(a)(v) and CPS Rules Chapter 2, Section 6 (c)
33 CPS Rules, Chapter 2, Section 6(c)
34 W.S. 14-3-204(a)(vi)
35 WS 14-3-204(a)(viii)
36 Legislative Child Protection Audit 2008
WYOMING DEPARTMENT OF FAMILY SERVICES |
CHAPTER: Child Protection Services POLICY: Special Investigations Policy Number: 1.3.4 |
EFFECTIVE DATE: January 15, 2016 | Current: 1/2016 Revised: 1/2007; 8/2007, 5/22/09, 10/12, 1/16 Original: 6/2003 |
- PURPOSE
The purpose of a Special Investigation is to provide a thorough investigation of abuse and/or neglect allegations utilizing appropriate expertise while preventing conflict of interest issues. The special investigation alleviates ethical and boundary violations through a structured internal investigation decision making process.- Referrals appropriate for Special Investigations A Special Investigation shall be assigned if the allegations meet the criteria of the investigation track 1 and allegations are made regarding:
- Child(ren)/youth who are the Department of Family Services’ (DFS) custody.
- Child(ren) who are in a state-certified child day care facility.
- Child(ren)/youth who are in a state-certified residential facility (see Facility Special Investigation Policy)
- DFS employees or certified foster homes/parent(s).
- Child(ren)/youth who are in the Wyoming Boys’ School or Wyoming Girls’ School.
- Child(ren)/youth and/or vulnerable adults regarding issues involving DFS personnel, law enforcement, medical employees, school staff and/or prominent community members which the district manager believes may warrant a special investigation.
- Referrals appropriate for Special Investigations A Special Investigation shall be assigned if the allegations meet the criteria of the investigation track 1 and allegations are made regarding:
- PROCEDURE
- District Manager’s Responsibility
- When a referral is made to DFS concerning alleged vulnerable adult (APS) or child (CPS) protection matters that may require a special investigation, the district manager or designee shall determine whether the referral meets the applicable statutory definitions of abuse and/or neglect, abandonment or exploitation.
- The DFS field office district manager or designee shall determine if an immediate response is necessary for the safety of the person(s) involved. An immediate response is necessary for a child(ren)/youth in DFS physical and legal custody having a physical injury. If an immediate response is necessary, the DFS field office shall take immediate and appropriate action to ensure the safety of all individuals involved. At this time the APS/CPS Pamphlet (APS-3N/SS-3N) may be provided.
- The local office shall initiate a face-to-face safety assessment within twenty-four (24) hours of receipt of the referral. 2
- The local office receiving the referral shall be responsible for entering and forwarding any necessary information into the DFS Data System, as well as providing support and logistical assistance to the assigned special investigation teams.
- The district manager shall make contact with the Services Administrator, Analyst/designee within twenty-four (24) hours of receipt of the referral to discuss whether the referral shall be designated a Special Investigation.
- The district manager shall notify the Services Administrator or Analyst/designee of a critical incident involving a child/youth major injury or fatality immediately and the field office shall follow the Child Major Injury/Fatality Review Team Policy or if an adult, follow APS policy.
- The district manager shall make contact with staff responsible for foster home coordination of all accepted and rejected referrals involving DFS certified foster homes in his/her district within twenty-four (24) hours of receipt of the referral.
- The district manager shall make contact with the appropriate human resource manager within twenty-four (24) hours of receipt of a referral involving a DFS employee as the subject of an allegation.
- For an incident involving the Wyoming Boys’ School or the Wyoming Girls’ School, contact is to be made to the Services Administrator.
- In consultation with the district manager:
- The Services Administrator or Analyst/designee shall contact the lead attorney general within forty-eight (48) hours of receipt of the referral via phone contact and/or email. The Attorney General’s office shall act as a liaison throughout the course of the case.
- The district manager, Services Administrator and/or Analyst/designee, the Lead Attorney General, and other appropriate division staff shall act as the Administrative Group.
- For allegations involving a juvenile facility, notification shall be made to the appropriate district manager. For allegations involving a state certified child day care facility, Child Care Licensing shall be notified.
- When a referral is made to DFS concerning alleged vulnerable adult (APS) or child (CPS) protection matters that may require a special investigation, the district manager or designee shall determine whether the referral meets the applicable statutory definitions of abuse and/or neglect, abandonment or exploitation.
- Administrative Group Responsibilities
- The Administrative Group shall:
- Discuss specific issues and concerns;
- Discuss the allegations;
- Set parameters for the investigation;
- Appoint a special investigator or team and name a team leader; and
- Provide information about the discussions regarding the allegations, issues/concerns and parameters to the team leader.
- The Administrative Group shall:
- Investigator/ Investigation Team Responsibilities
- The team leader shall meet with other team members to clarify goals and develop strategies for the investigation, including how to conduct interviews in the least disruptive manner while ensuring a thorough evaluation of all identified issues. The investigation plan shall be initiated and documented. The investigation team shall provide regular updates to the administrative group on the status of the investigation.
- The investigator and/or team leader shall follow all other applicable notification procedures outlined in the Investigation Track Policy (APS/CPS), including providing the APS-2/SS-2 to all appropriate parties. The investigator and/or team shall follow the investigation policy;
- Once the investigator and/or team leader determines the goals of the investigation have been met and that facts relevant to all issues have been adequately collected, the special investigation team shall meet with the district manager from the jurisdiction where the incident occurred and may contact the administrative group to discuss the investigation and recommendations for the allegation findings;
- The team shall provide the Special Investigation Report (APS-17C/SS-17C) to the SD Analyst/designeewith the investigation summary and recommendations.
- Conclusion of the Special Investigation
- The SD Analyst/designee shall send the Special Investigation Report (APS-17C/SS-17C) to the administrative group and the DFS lead counsel from the AG’s office. A meeting will be arranged by the SD Analyst/designee for the administrative group and the investigative team to review the investigation and report.
- The investigator, their supervisor, the district manager and the Services Administrator shall approve the report and recommendations before the Notice of Conclusions (APS-5/SS-5) are sent to appropriate parties.
- District managers are responsible for ensuring that all notifications are carried out in a manner consistent with the intent of the findings and any applicable rules or laws.
- District Manager’s Responsibility
1 Wyoming Statute 14-3-204/35-20-103; CPS Rules/APS Rules
2 APS Rules, Chapter 2, Section 2 /CPS Rules, Chapter 2, Section 2
WYOMING DEPARTMENT OF FAMILY SERVICES |
CHAPTER: Child Protection Services POLICY: Licensed Facility Special Investigations POLICY NUMBER: 1.3.5 |
EFFECTIVE DATE: January 15, 2016 | Current: 1/2016 Revised: Original:1/16 |
- Purpose
The purpose of a Facility Special Investigation is to provide a thorough investigation of abuse and/or neglect allegations within a 24 hour congregate care facility licensed by the Department of Family Services (DFS). This policy shall be used in the following circumstances:- There is an allegation of abuse and/or neglect that occurred or is occurring in a 24 hour congregate care facility;
- An assessment is conducted pursuant to current policy that uncovers possible abuse and/or neglect in a 24 hour congregate care facility;
- A 24 hour congregate care facility exhibits a pattern of behavior that warrants a new assessment to determine if the pattern of behavior constitutes abuse and/or neglect; or
- Information is discovered during a licensing investigation or inquiry that uncovers possible abuse and/or neglect in a 24 hour congregate care facility.
- Procedures
- Facility Special Investigators
- Designated DFS child protection caseworkers (CP) and facility licensors shall be selected by the division administrator, acquire specialized knowledge in conducting facility investigations and investigations of abuse and/or neglect in facilities, and be the Agency’s facility special investigators.
- Facility special investigators shall investigate allegations of child abuse and/or neglect in 24 hour congregate care facilities pursuant to Section A of this policy.
- Facility special investigators will be assigned to cover specific facilities and/or areas of the state.
- For each referral for investigation, one CP and one licensing special investigator shall be assigned based on geographic location of the incident and shall be the facility special investigators for the incident referral and investigation. If an assigned facility special investigator is unable to respond to and/or investigate the incident due to their absence from work, an alternate special investigator may be assigned.
- Designated DFS child protection caseworkers (CP) and facility licensors shall be selected by the division administrator, acquire specialized knowledge in conducting facility investigations and investigations of abuse and/or neglect in facilities, and be the Agency’s facility special investigators.
- Incident Referrals
- Referrals made to an on-call caseworker: The worker shall respond pursuant to local practice and existing Agency policy, conduct a Safety Assessment, enter an “Intake” in WYCAPS pursuant to intake policy, and notify the designated licensing facility special investigator the next day.
- Referrals received by local child protection caseworkers or licensors during working hours: The local worker shall respond pursuant to local practice and existing Agency policy, conduct a Safety Assessment, enter an “Intake” in WYCAPS pursuant to intake policy, and notify the designated facility special investigator immediately.
- Critical Incident Reports (CIR) received by the state licensing program manager: The licensing program manager shall notify the local field office in the area in which the facility is located, and the local field office shall ensure a Safety Assessment is completed pursuant to local practice and Agency policy. The local worker conducting the Safety Assessment shall enter an “Intake” in WYCAPS pursuant to intake policy, and notify the designated facility special investigator immediately.
- CIRs received by a local DFS field office: A worker shall conduct a Safety Assessment pursuant to local practice and Agency policy, enter an “Intake” in WYCAPS pursuant to intake policy, and notify the state licensing program manager and designated facility special investigator within 24 hours.
- Law enforcement receives a referral or CIR: Law enforcement should notify the DFS local office of a referral or CIR within 48 hours. A worker shall conduct a Safety Assessment pursuant to local practice and Agency policy, enter an “Intake” in WYCAPS pursuant to intake policy, and notify the state licensing program manager and designated facility special investigator within 24 hours.
- Investigation Determination and Process
- Upon receiving notification of a facility special investigation referral, the licensing facility special investigator shall notify the state facility special investigation coordinator and the CP facility special investigator assigned to the facility or geographical location in which the facility is located. The designated licensing and CP facility special investigators shall be considered the facility special investigative team.
- The licensing facility special investigator shall also notify the district manager for the district in which the facility is located of the referral and/or incident in the facility to inform the district manager of the facility special investigative team who will lead the response.
- The CP facility special investigator shall notify their direct supervisor of the referral tomake the supervisor aware of the CP facility investigator’s work priority in the facility special investigation.
- The facility special investigative team shall jointly determine whether the incident or referral warrants a full facility special investigation. The facility special investigative team may consult with other persons or entities to gather information to make this determination but may not engage in an actual investigation until a formal investigation has been initiated.
- If the facility special investigative team determines that an abuse and/or neglect issue is not present, the licensing facility special investigator shall follow licensing policy, rules, and statute to determine further course of action independent from a facilities special investigation.
- If the CP facility special investigator conducts an onsite visit of the facility or consults with the licensing facility special investigator to evaluate whether an abuse and/or neglect issue is present and to determine whether an investigation is warranted, but determines that an abuse and/or neglect concern is not present, the CP facility special investigator shall enter narrative into the WYCAPS incident that was assigned at the time of the Safety Assessment. The narrative shall explain the situation and reasoning for no abuse and/or neglect issue(s) being found. The CP facility special investigator shall close the incident without assigning the incident to a track.
- Investigation track:
- With the determination that a facilities special investigation shall commence, the CP facility special investigator shall assign the WYCAPS incident that was opened at the time of the Safety Assessment to the investigation track.
- The CP facility special investigator and social services supervisor located in thegeographical area in which the facility is located shall sign and deliver the Statement of Child Abuse / Neglect Allegations (F- SS-2) to the person(s) being investigated.
- The facility special investigative team shall conduct a thorough onsite investigation of the facility in which the incident occurred, including but not limited to the facility itself, employees or individuals involved in the incident, and management and operations of the facility.
- Investigation timelines shall follow the timelines established by licensing and child protection statutes, rules, and policy.
- During the course of a facilities special investigation, the investigative team, state facility special investigations coordinator, and state licensing program manager shall engage in conference calls scheduled no less frequently than weekly.
- At the conclusion of the investigation, the investigative team shall complete the Facilities Special Investigation Report (F-SS-17b).
- Assessment track:
- With the determination that the incident referral does not warrant an investigation but needs to be followed as an assessment, the CP facility special investigator shall assign the WYCAPS incident that was opened at the time of the Safety Assessment to the assessment track, and turn the referral over to the local field office in which the facility is located to work the incident as an assessment. The local office shall follow child protection statutes, rules, and policy regarding the assessment track process.
- If at any time during the assessment track information is discovered that warrants an investigation, the worker shall notify the worker’s direct supervisor, and the supervisor shall immediately notify the designated CP facility special investigator. The CP facility special investigator shall contact the designated licensing special investigator to reinitiate the facilities special investigative team, and shall follow the investigation track structure in Section B. 3. c.
- Upon receiving notification of a facility special investigation referral, the licensing facility special investigator shall notify the state facility special investigation coordinator and the CP facility special investigator assigned to the facility or geographical location in which the facility is located. The designated licensing and CP facility special investigators shall be considered the facility special investigative team.
- Investigation Conclusion: Investigation Panel
- At the conclusion of an investigation, the facility special investigative team shall present information contained in the F-SS-17b and any additional necessary information to an investigative panel (Panel) for the Panel to make a determination of incident substantiation or unsubstantiation regarding abuse and/or neglect allegations.
- Information shall be presented in an objective fashion with enough details to allow the Panel to make a finding. This includes the disclosure of information that both lends to a conclusion of substantiation and unsubstantiation regarding abuse and/or neglect allegations.
- After objective information is presented to the Panel, each member of the facilities investigative team and the district manager for the district in which the facility is located shall make a recommendation to the Panel for substantiation or unsubstantiation of abuse and/or neglect allegations, and provide reasoning for the recommendation.
- The Panel shall make the final determination of substantiation or unsubstantiation of abuse and/or neglect allegations by majority vote. Any dissenters to the majority vote should be noted in the WYCAPS narrative.
- The district manager shall sign the Notice of Conclusions (F-SS-5) on behalf of the Panel and deliver the F-SS-5 and Voluntary Statement (F- SS-6) documents to the required parties.
- Panel composition: The Panel shall consist of, at a minimum, the division administrator or their designee, a state program manager within the division, and a district manager. The division administrator may designate additional Panel members as necessary to avoid conflicts of interest.
- If a district manager and/or state program manager has been actively involved in or directly assisted with the investigation, the division administrator may assign an alternate district manager and/or state program manager to sit on the Panel for the particular incident the district manager or state program manager was involved in or assisted with.
- At the conclusion of an investigation, the facility special investigative team shall present information contained in the F-SS-17b and any additional necessary information to an investigative panel (Panel) for the Panel to make a determination of incident substantiation or unsubstantiation regarding abuse and/or neglect allegations.
- Appeals
- All requests by a substantiated perpetrator or facility for an appeal shall be addressed by existing Agency and fair hearing rules.
- All requests by a substantiated perpetrator for amendment from the WY Central Registry of Abuse and Neglect of Children and Vulnerable Adults shall follow existing rules and policy for amendment.
- Facility Special Investigators
WYOMING DEPARTMENT OF FAMILY SERVICES |
CHAPTER: Child Protective Services POLICY: Shelter Care/Initial/Detention Hearing Report POLICY NUMBER: 1.4 |
EFFECTIVE DATE: January 14, 2013 | Current:1/13 Revised: 4/06/1/13 Original:4/06 |
-
- Purpose
A shelter care or detention hearing must be held within forty-eight (48) hours, excluding weekends and holidays, of taking protective custody or detention of a minor. 1 The purpose of the Shelter Care/Initial/Detention Hearing Report (F-SS120) is to provide necessary information on abuse and/or neglect, Child in Need of Supervision (CHINS), and juvenile delinquency cases to the juvenile court. - Procedure
When a child(ren)/youth is removed from his/her current living arrangement, the DFS Caseworker shall notify the District/County Attorney of the child(ren)/youth removal. This removal shall occur either as a protective custody decision by law enforcement or a physician, or as detention for an illegal action or community safety issue. The DFS Caseworker shall provide the District/County Attorney, guardian ad litem or public defender, and the parent(s) or legal guardian(s) with a report that provides the following information. It is understood that some of the information may be difficult to provide within forty-eight (48) hours but attempts to locate the data shall be made by theDFS Caseworker.The Shelter Care/Initial/Detention Hearing Report shall list the following:- Identifying information regarding the child(ren)/youth, family, household members, and other important people;
- Physical and mailing address of the family;
- Presenting situation;If continuation in the home would be contrary to the welfare of the child(ren)/youth and if removal from the home is in the best interest of the child(ren)/youth;
- Reasonable efforts that have been made to prevent the removal of the child(ren)/youth; 2
- Effort(s) made to contact the absent parent(s)and/or relative(s);
- Indian Child Welfare Act (ICWA); 3
- Recommendations; and
- Placement.
- Purpose
1 W.S. 14-3-409, 14-6-209 and 14-6-409
2 Social Security Act/Title IV-E
3 Indian Child Welfare Act (ICWA) 25 U.S.C. Section 1901 et seq. of 1978, P.L. 95-608
WYOMING DEPARTMENT OF FAMILY SERVICES |
CHAPTER: Child Protection Services POLICY: Predisposition Reports POLICY NUMBER: 1.5 |
EFFECTIVE DATE: January 15, 2016 | Current:1/16 Revised: 4/06, 1/13, 1/16 Original:8/99 |
- Purpose
The purpose of a predisposition investigation is to collect information necessary and relevant for a court to formulate an appropriate dispositional order. Predisposition reports (PDR) shall be concise, factual, unbiased, and contain only information relevant to the court’s disposition decision. The report shall depict the family’s strengths and needs. 1 - Procedure
- A PDR shall be completed seven (7) days prior to the disposition hearing, and within any time frame as ordered by the court. 2 Information shall be collected from interviews with the family and collateral contacts, school and/or day care records, law enforcement agencies (criminal history), and DFS assessments and/or independent assessments.
- The assigned DFS Caseworker shall complete the DFS PDR (F-SS121) by summarizing the significant findings of the investigation. The PDR shall be submitted to the court and Multidisciplinary Team within the time frame assigned. The report shall include recommendations for a Family Service Plan and/or the Youth Empowered Success (YES) Case Plan, as well as a recommended intervention options.
- The PDR shall contain the following information: 3
- Identifying information regarding the child(ren)/youth, family, household members and other important people;
- Physical and mailing addresses;
- Judicial information;
- Present situation involving the child(ren)/youth and family;
- Education of the parents and child(ren)/youth;
- Employment history of caretakers and/or parents;
- Support system of the family and child(ren)/youth;
- Law enforcement contacts for any individual in the home;
- Service and/or Placement history;
- Physical, mental/emotional health and substance abuse history of all family members, including any preexisting and identified handicapping conditions;
- Financial conditions (child(re)/youth and parent(s) and/or caretaker(s)) and financial obligations, if the child(ren)/youth is placed;
- Reason(s) why remaining in the home is contrary to the welfare; 4
- Reasonable efforts made to prevent removal, including a description of the efforts to provide services to the child(ren)/youth in the home prior to placement, if placement is recommended;
- Efforts made to contact absent parent(s) other relatives as well as parents of a sibling of the child where such parent has legal custody of such sibling; 5
- Indian Child Welfare Act (ICWA); 6
- DFS caseworker observations and recommendations:
- Indicate whether the placement is in or out of state; and
- Certification of funds.
- For Juvenile Court cases alleging a youth of a delinquent act or as a Child in Need of Supervision (CHINS), the PDR shall also include the following:
- Offense (Official and Juvenile Versions);
- Victim Impact Statement (if identified);
- Prior Offense History; and
- Restitution.
- The PDR shall contain the following information: 3
1 W.S. 14-3-427, 14-6-227 and 14-6-427
2 W.S. 14-3-427, 14-6-227 and 14-6-427
3 W.S. 14-3-427, 14-6-227, 14-6-427 and 21-13-315(d)
4 Social Security Act/Title IV-E
5 42 USCA Section 671(a)(29)
6 Indian Child Welfare Act (ICWA) 25 U.S.C. Section 1901 et seq. of 1978, P.L. 95-608
Policy Title: | Family Assessment Policy |
Effective Date: | July 1, 2020 |
Revision Date: | |
Approval | Korin A. Schmidt, Director |
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
WYOMING DEPARTMENT OF FAMILY SERVICES |
CHAPTER: Child Protection Services POLICY: Case Plan POLICY NUMBER: 1.6 |
EFFECTIVE DATE: February 1, 2017 | Current: 2/2017 Revised: 8/04, 4/07, 10/09, 1/12, 11/12, 1/13, 9/15, 1/16, 2/17 Original: 6/98 |
- Purpose
A Case Plan is a document created in partnership with the family and in collaboration with formal and informal supports. The Case Plan may be created during a family team meeting, MDT or other appropriate meeting. The Case Plan establishes measurable goals and steps that specifically address the needs of the entire family while incorporating the safety, well-being, and permanency of the child(ren)/youth. Case Plans are family centered, strengths based, individualized, culturally competent, comprehensive, reflective of community partnerships and outcome based. 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). - Procedure
- 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
- For non-placement cases, a Case Plan:
- Shall be completed within 30 days of opening a case; 3
- Shall be completed 30 days after adjudication or within 60 days after the case is filed (Juvenile services cases) whichever comes first;
- May be developed if a family will agree to services before the adjudication; and/or
- Is not required if the case is open less than 30 days, and there is no substantiation, and there are no services provided.
- Candidates for Foster Care (IV-E)
- 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
- A candidate for foster care is a child(ren)/youth who is at serious risk of removal from home as evidenced by:
- DFS pursuing his/her removal from the home; or
- DFS making reasonable efforts to prevent such removal.
- The child(ren)/youth’s Case Plan needs to clearly indicate that foster care is the planned arrangement for the child(ren)/youth unless effective preventative services are provided. Therefore, the Case Plan shall state that the child(ren)/youth is at serious risk of removal from his/her home because DFS believes a plan of action is needed to prevent that removal and reviewed/discussed at least every six (6) months.
- Documentation of Eligibility
- A checkbox provided on the Case Plan must be checked indicating that the child is at serious risk of removal from the home if case plan goals are not achieved.
- The DFS Caseworker shall check the appropriate box on the Case Plan maintenance screen on the DFS data system and identify which child(ren)/youth are candidates for foster care.
- Redetermination for candidates for foster care shall be made every six months. An alert will be generated in the DFS data system which will be sent to the caseworker during the 5th month. At that time the caseworker shall update the Case Plan as well as the DFS data system.
- 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
- Visitation Plan
- The Notice of Visitation Planfor Family(F-SS15) shall be an on-going document that shall be addressed throughout placement to establish specific visitation requirements for parent(s), child(ren)/youth, and siblings. The Notice of Visitation Plan for Preserving Connections (F-SS15A) shall be used for other significant people, which may include maternal/paternal relatives, other members of the family, neighbors with in the child(ren)/youth have a connection and other important people in the family’s lives. 6
- The DFS Caseworker and family team shall establish the visitation schedule that best suits the family members and meet a minimum of one (1) time monthly to review progress of the Case Plan and Visitation Plan.
- Reasonable visitation requests shall not be denied for a child(ren)/youth in placement and his/her families unless there are identified safety risks and/or the court order directs no visitation.
- Contact between a child(ren)/youth in placement and his/her siblings and parent(s) should occur several times a week when appropriate, through in-person contact, telephone calls, cards, letters, parental attendance at child(ren)/youth’s activities, and at medical or counseling appointments.
- Alternative visitation plans may be created when safety concerns are determined by DFS and noted by the court due to substance abuse and parents are court ordered to provide negative urinalysis and cannot meet the courts expectation. The alternative plan will allow parents to maintain a relationship with the child and not comprise safety. This shall include phone calls, correspondents, video visits and supervised visits when the parent isn't intoxicated.
- Transportation for the family is an important part of visitation.
- If a child(ren)/youth is in a Medicaid funded placement, Medicaid shall pay the transportation costs of the family if it is identified in the Medicaid Treatment Plan;
- If a child(ren)/youth is in a Department of Family Services (DFS) funded placement, the DFS will assist in transportation when necessary, as long as the visits are described and approved in the Case and Visitation Plan(s) for the family.
- Visitation events shall be documented in the case file using narrative entry in the DFS data system within seven (7) days.
- 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
- Discharge/Transition Summary and Plan
- 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.
- 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.
- Concurrent Plan
- 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
- The plan shall state who the child(ren)/youth will be placed with and the expected legal permanent outcome if reunification efforts fail.
- Rights for Wyoming Foster Youth
- 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
- Another Planned Permanent Living Arrangement (APPLA)
- 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.
- Efforts shall continue to identify a Permanency plan other than APPLA and those efforts shall be on-going while the youth remains in care.
- Independent and Transitional Living Plan-The Independent and Transitional Living Plan (F-SS09t) shall be developed as part of the Case Plan. 10
- Visitation Plan
- For non-placement cases, a Case Plan:
- In developing the Case Plan, the following shall be considered during the creation plan: 11
- 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
- How safety and risk factors identified through the required assessment tools will be addressed; 13
- What the presenting issue is that brought the family to the attention of DFS;
- The strengths and needs of the family as well as the cultural, ethnic, and family traditions;
- The most appropriate permanency plan and an assessment as to the need for a concurrent permanency plan and placement;
- 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
- 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;
- 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;
- 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.
- 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.
- Child(ren)/youth shall receive an initial medical, dental and optical examination within 30 days of placement. 15
- 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
- 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
- Siblings should be placed together unless it is not in their best interest and those reasons shall be documented. 18
- Diligent search for absent parent and relatives shall be completed in 30 days and each shall be notified of placement. 19
- Assessments shall be completed on child(ren)/youth, to include the Ansell Casey.
- ICWA shall be addressed, if appropriate. 20
- Case Plan Distribution
- 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.
- The page pertaining to foster parent(s) and placement facilities may be provided to the placement resource within seven (7) days of development.
- A copy of the Case Plan may be distributed to other family team members if the family gives permission.
- The Case Plan shall be scanned into the DFS data system and a hard copy placed in the file. 21
- 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.
- 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:
- Safety, permanency and well-being;
- Community protection;
- Family involvement;
- Family satisfaction;
- Services support and delivery;
- Barriers to effective service provision;
- Timeliness; and
- Cost vs. benefit.
- 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
- 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.
- 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.
- 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 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
WYOMING DEPARTMENT OF FAMILY SERVICES |
CHAPTER: Child Protection Services POLICY: Substance Abuse Testing POLICY NUMBER: 1.6.1 |
EFFECTIVE DATE: June 1, 2017 | Current: 6/17 Revised: 10/09, 1/13,6/17 Original: 10/09 |
A. Purpose: The Department of Family Services (DFS) shall establish guidelines for substance abuse screening for youth under the supervision of DFS and parent(s), legal guardian(s) and/or other person(s) under the jurisdiction of the Juvenile Court in an effort to reduce substance abuse.
B. Procedure
1. Authorization for Substance Abuse Testing.
a. All youth who are ordered to supervision may be required to submit to a urinalysis screen upon commencement of supervision by DFS and on a random basis. Parent(s) legal guardian(s) and/or other persons, shall submit to substance abuse screening if there is a valid Juvenile Court order requiring such.
2. Urine specimen collection, storage, and testing procedures.
a. The DFS Caseworker shall be cognizant of his/her own personal safety when conducting substance abuse screening. Due to the potential increased risk of assault, substance abuse testing shall only be conducted in location where another DFS Caseworker, law enforcement officer, other staff, school personnel, or any other official personnel are located nearby. The DFS Caseworker shall adhere to the following requirements while conducting substance abuse testing:
1) The youth, parents(s), legal guardian(s) and/or other persons (hereinafter referred to as subject) shall not be informed when urine specimen collections are scheduled.
2) The times when the process takes place shall be staggered so to avoid becoming predictable. Urinalysis testing may take place at any time, day or night.
3) The DFS Caseworker shall only supervise subjects of the same gender.
4) The subject shall be under constant observation at all times during the collection process.
5) The DFS Caseworker shall be responsible for ensuring the chain of custody and that the testing of urine samples is completed in accordance with this policy.
6) The DFS Caseworker shall ask the subject to fully disclose information regarding any and all prescription or over-the-counter medication that he/she is taking.
7) Prior to the subject providing a urine sample, the DFS Caseworker collecting the sample shall:
a) Positively identify the subject through the use of a photograph or recognition by another DFS staff member.
b) Have all necessary articles for collection including: vials, cups, labels, rubber gloves, roster, and required forms.
c) Ensure the urine specimen cannot be adulterated by taking precautions which may include, but not be limited to, the following:
(1) Complete a thorough inspection of the collection area.
(2) Ensure the collection site is clean, well lighted, and used solely for urinalysis testing during the collection process.
(3) Prohibit smoking or eating at the collection site.
(4) Conduct an appropriate visual search of the subject before entering the designated area where the urine specimen will be provided.
(5) Have the subject wash his/her hands prior to giving a specimen.
8) The DFS Caseworker shall wear gloves during the collection and labeling process.
b. The DFS Caseworker shall follow the procedure specified by the manufacturer of the testing equipment or by the testing laboratory, which shall include the following:
1) Give the vial or collection cup to the subject and directly observe the voiding of urine into the container. If, for whatever reason, staff does not observe the subject urinating into the cup or vial, the sample shall not be accepted.
2) If a collection cup was used in place of the vial, staff shall instruct the subject to transfer the urine from the cup into the vial.
3) Instruct the subject to cap the vial then discard the urine remaining in the cup.
4) Complete all necessary logs, chain of custody forms, information sheets, and sealing labels with the name of the subject, number, date, and the time the specimen was collected.
5) List the name of the DFS Caseworker collecting the sample.
6) List all prescription medication being taken by the subject.
7) Affix one (1) label to the side of the vial and one(1) label over the tightened cap of the vial in such a manner that it contacts both sides of the vial, thus sealing the cap to the vial.
8) Store the sample in a secure area inaccessible to the subject.
9)Urine samples shall be stored in leak proof containers.
10) Within forty-eight (48) hours after collection, the sample shall be mailed or delivered to the testing laboratory.
c. The subject may be substance abuse tested using an approved on-site urine screening procedure conducted according to the protocol approved by the manufacturer of the testing equipment. The DFS Caseworker may choose whether to use an on-site test or laboratory submittal depending on his/her Supervisor or local protocol.
1) The DFS Caseworker using on-site (presumptive) urine testing shall follow all product protocol and follow the same safety precautions as listed above.
2) All records of test results shall be made a part of the subject’s file. If there is no medical justification for the substance abuse test to be positive, the test shall be confirmed by one (1) of the following methods:
a) Submit the sample to a laboratory for confirmation.
(1) The DFS Caseworker shall instruct the subject to transfer the urine to a laboratory submittal vial.
(2)The DFS Caseworker shall follow the same procedure for laboratory submittal including but not limited to filling out the information sheet and affixing the seals.
b) The subject’s admission (written and witnessed) to the use of an illegal substance that resulted in a positive indication on the test.
3) The results of the substance abuse test shall be forwarded to the appropriate agency for determination of legal proceedings, sanction, or treatment intervention that may be warranted.
d. Inability to provide a urine sample.
1)If the subject is unable to provide a specimen immediately upon request, he/she shall remain under constant observation by the DFS Caseworker until he/she is able to provide a sample or until one (1) hour has elapsed, whichever occurs first.
2) The subject may be given eight (8) ounces of liquid to drink every hour.
3) If the subject does not provide a specimen within one (1) hour, the subject shall be considered to be refusing to submit to substance abuse testing. Refusal or failure to submit to substance abuse testing may result in sanction and/or notification to the Juvenile Court.
3. Saliva Testing and Collection.
a. The subject may be substance abuse tested using regimens that do not require the subject to supply a urine specimen. Substance abuse screening through saliva collection shall be conducted by using a screening procedure according to the protocol approved by the manufacturer of the testing equipment. The DFS Caseworker shall:
1) Direct the subject to discard any chewing gum, oral tobacco, or any other foreign object in their mouth.
2) Peel open the package and give the pad to the subject instructing him/her to not touch the absorbent portion of the pad and to directly place it in between his/her lower cheek and gum for a minimum of two (2) minutes but no longer than five (5) minutes.
3) Directly observe the subject during the collection time. If, for whatever reason, the DFS Caseworker does not observe the subject, the sample is not valid.
4) In the presence of the subject, the DFS Caseworker shall:
a) After the collection, open the vial in the upright position and direct the subject to insert the pad end into the vial using caution to not remove the blue liquid in the vial as it is necessary for the preservation of the sample.
b) Break the handle on the collection stick and discard.
c) While holding the vial, the DFS Caseworker shall instruct the subject to snap the cap onto the vial, ensuring the cap is securing affixed.
d) Complete all necessary logs, information sheets, and sealing labels with the name of the subject, number, date, and the time the specimen was collected.
e) List the name of the DFS Caseworker collecting the sample.
f) List all prescription medication being taken by the subject.
g) Affix one (1) end of the label to the side of the vial and the other end of the label over the cap of the vial in such a manner that it contacts both sides of the vial, thus sealing the cap to the vial. The DFS Caseworker shall have the subject initial and date the vial integrity seal.
h) Place the vial into the provided submittal box.
i) Affix the box security seal to both ends of the submittal box, have the subject initial, and date the box security seal.
5) The DFS Caseworker shall then place the sample in a secure area inaccessible to the subject.
6) The DFS Caseworker shall make arrangements for the transport of the sample to the testing laboratory as soon as possible in accordance with procedures required by the laboratory.
4. Portable Breath Testing.
a. Subjects shall submit to portable breath testing if there is a valid Juvenile Court order requiring such. The DFS Caseworker shall follow the breathalyzer manufacturer’s instructions for use and ensure the unit is calibrated per specifications.
WYOMING DEPARTMENT OF FAMILY SERVICES |
CHAPTER: Child Protective Services POLICY: Transportation POLICY NUMBER: 1.6.2 |
EFFECTIVE DATE: June 1, 2017 | Current: 6/17 Revised: 10/09, 1/13, 6/17 Original: 10/09 |
A. Purpose
To safely transport child(ren)/youth and/or families to assist in achieving Case Plan goals and the administration of services.
B. Procedure
It is often necessary for a child(ren)/youth to be transported in order obtain services or comply with the Case Plan. The utmost caution shall be exercised while transporting a child(ren)/youth. DFS Caseworkers may transport child(ren)/youth and their families.
1. In the case that a child(ren)/youth needs to be transported by DFS, the DFS caseworker conducting the transport shall:
a. Never use personal vehicles to transport child(ren)/youth.
1) When the DFS caseworker is conducting the transport, he/she shall verify that the vehicle is in good running condition with adequate fuel.
2) The DFS caseworker shall verify that all passengers have their seatbelts securely fastened and that car seats are properly secured.
b. Conduct the transport using a minimum of two (2) DFS caseworkers with at least one (1) being of the same gender of the child(ren)/youth when the child(ren)/youth being transported is over the age of twelve.
1) A case by case exception may be made by the DFS Supervisor.
c. The DFS caseworker shall conduct a visual scan to ensure that there are no hazardous objects within reach of the child(ren)/youth.
d. Follow the State of Wyoming Vehicle Use Policies and Procedure.
e. Discuss the transportation plan and/or any safety concerns with his/her immediate supervisor.
1) For longer trips DFS caseworkers shall contact and inform his/her immediate supervisor of departure and arrival at destination.
f. Have a working and charged cellular phone whenever possible.
g. Separate males and females as best as possible when transporting multiple child(ren)/youth.
h. Activate the child and window locks on the rear doors.
i. The DFS caseworkers shall not leave the child(ren)/youth unattended and the child(ren)/youth shall remain within sight and sound of DFS caseworkers at all times..
j. Turn off and secure the vehicle prior to leaving it unattended. No child(ren)/youth should be left unattended within a vehicle.
2. When travel is required in inclement weather, the following considerations shall be made:
a. Road conditions: DFS caseworker shall not transport child(ren)/youth on roads classified by the Wyoming Department of Transportation as having “no unnecessary travel,” closed, or when the chain law is imposed on that respective section of road.
3. On a case-by-case basis, the DFS Supervisor may make exceptions in emergency situations, when not in violation of law, as long as the transport does not compromise the safety of staff, child(ren)/youth, or family.
C. Secure Transport
Child(ren)/youth who are being transported via a secure transport vehicle while mechanical restraints are in use shall be considered to be secure transports.
1. The District Manager or designee shall have approval of the use of secure transport.
2. Transports shall only be done in an agency approved secure transport vehicle.
3. When possible, notification of the use of secure transport shall be made to the Court, GAL, and District/County Attorney.
4. Secure transports to and from the WBS/WGS shall have prior authorization and coordination from the WBS/WGS Superintendent or their designee.
5. A contraband search of the transport vehicle shall be conducted directly prior to, and after the transport.
6. The DFS caseworkers shall perform a thorough search for contraband of the individual being transported prior to placing them inside the transport vehicle.
D. Mechanical Restraints. (Use of handcuffs, belly chains and leg restraints).
1. The District Manager or designee shall have approval of the use of mechanical restraints.
2. Only agency approved mechanical restraints can be used.
3. All transportation DFS caseworkers shall be trained by qualified personnel in the proper use of mechanical restraints and proper search techniques.
4. All handcuffs and leg restraints shall be checked for tightness and double locked.
5. Restroom use.
a. Child(ren)/youth shall remain within sight and sound of DFS caseworkers at all times during restroom use.
b. All but one of the child’s/youth’s hands shall remain restrained while the restroom is being used.
E. Youth That Abscond
1. If a child/youth that is being transported attempts to abscond, DFS caseworkers shall immediately contact law enforcement to advise them of the situation, identity of the child/youth, description of the child/youth and the direction of travel.
2. At no time shall DFS caseworkers attempt to apprehend or chase after the child/youth.
3. DFS caseworkers shall attempt to keep a visual of the child/youth in order to provide information to law enforcement to aid in apprehension.
WYOMING DEPARTMENT OF FAMILY SERVICES |
CHAPTER: Child Protection Services POLICY: Community Child Protection Teams POLICY NUMBER: 1.7 |
EFFECTIVE DATE: 5/1/2015 | Current: 5/2015 Revised: 5/2015 Original: 5/2015 |
- Purpose
Community Child Protection Teams are created and operated to identify or develop community resources to serve abused and neglected children within the community, to advocate for improved services or procedures for such children and to provide information and assistance to the state agency, local child protection agency and multidisciplinary teams, if a multidisciplinary team has been appointed.1 The local child protection team shall not act as a multidisciplinary team, but members of the child protection team may serve on a multidisciplinary team if appointed.2The local Child Protection Team may:- Assist and coordinate with the state agency, the local child protective agency and all available agencies and organizations dealing with children;
- Coordinate the provision of appropriate services for abused and neglected children and their families;
- Identify training needs, sponsor training and raise community awareness of child protection issues; and
- Assist and make recommendations of appropriate services in individual cases brought to it by DFS.
- Procedure
- Community Child Protection Teams
- Formation and Membership. The DFS District Manager shall assist in forming the Child Protection Team. If the DFS District Manager does not act as chair, the team may elect its own chairperson. Each community has unique needs and resources and may create the team in a way that best serves that particular community. The local child protection team shall be composed of:
- A member of the district attorney’s office;
- A designated representative from the school district(s);
- A representative from the local DFS field office;
- A representative from the county government;
- A representative from each city and town in the county;
- Domestic violence counselor/advocate
- Representatives from other relevant professions; and
- Temporary members selected for the needs of a particular case as determined by the team.
- Operating Policies and Activities
- By January 1 of each year, each Child Protection Team shall submit its Child Protection Team Plan (SS-22) to the State Child Protective Services State Office and the local field office. The SS-22 is available as an electronic template in WORD. At a minimum, the Child Protection Team Plan shall include operating policies that describe:
- The general composition of the team including discipline;
- Frequency of meetings (that shall be held at a minimum of quarterly;
- Public education projects and trainings presented in the previous year;
- Public education projects and trainings to be presented in the upcoming year;
- Statement of confidentiality standards for team members;
- Goals of the team for the upcoming year; and
- Gaps in community resources
- The Child Protection Team Plan shall reflect input from members and shall be created in partnership with the members.
- By January 1 of each year, each Child Protection Team shall submit its Child Protection Team Plan (SS-22) to the State Child Protective Services State Office and the local field office. The SS-22 is available as an electronic template in WORD. At a minimum, the Child Protection Team Plan shall include operating policies that describe:
- Formation and Membership. The DFS District Manager shall assist in forming the Child Protection Team. If the DFS District Manager does not act as chair, the team may elect its own chairperson. Each community has unique needs and resources and may create the team in a way that best serves that particular community. The local child protection team shall be composed of:
- Confidentiality and Case Review Activities
- Confidentiality Statement
- All records and proceedings of the child protection teams are confidential and subject to W.S 14-3-214. Information contained in those records shall not be disclosed to the public in any manner.
- A Confidentiality Agreement shall be signed by all persons who attend Child Protection Team case staffing prior to a discussion of a case. Signed Child Protection Team Confidentiality Agreements are required for all in attendance at the meeting.
- DFS is authorized to disclose relevant case information to the Child Protection Team members who sign a Confidentiality Agreement. Information shall be shared from cases to determine resources for the family.
- Maintenance/Storage of Records
- The chairperson shall file signed Confidentiality Agreements sequentially by date of the meeting with all other Child Protection Team documents.
- Confidentiality Statement
- Community Child Protection Teams
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Probation Services POLICY: Probation Intake and Case Assignment POLICY NUMBER: 1.1 |
EFFECTIVE DATE: September 28, 2015 | Current: 9/15 Revised: 08/13/04, 10/08, 1/13, 9/15 Original: |
A. Purpose
The intake process serves as the first stage of the probation process. Throughout this stage careful, detailed, and thorough work shall take place laying a foundation to make well-informed decisions throughout the life of the case. The quality and consistency of information gathered at this stage directly impacts subsequent intervention.
B. Procedure
1. Notification
The Department of Family Services (DFS) receives notification of the filing of a Delinquency or Children in Need of Supervision (CHINS) petition from the District/County Attorney and/or parent(s). Information from the petition shall be entered onto the Intake Screen in the DFS data system.
2. Gathering Information
a. The DFS Caseworker shall conduct an intake, gathering necessary information through receipt of court information and add the information into the DFS data system within seven (7) calendar days of the receipt of the report.
b. The DFS Caseworker shall check DFS records in order to obtain pertinent information, including any previous DFS involvement; and
c. DFS Supervisor shall assign the case to a DFS Caseworker after initial court hearing and/or court
order for DFS involvement.
1) The DFS Caseworker shall make collateral contacts for the purpose of collecting additional information for use in case planning.
2) The DFS Caseworker shall then use information collected to complete the Positive Achievement Change Tool (PACT). Information gathered at intake can be useful to others, such as the court, the District/County Attorney and youth’s attorney and shall serve as the foundation for the Pre-Dispositional Report and the Youth Empowered Success (YES) Case Plan. The intake may also identify issues that shall require further investigation or more clinical assessment at a later date.
d. For the protection of youth at risk of human and sex trafficking, and for identifying, documenting and determining appropriate services for such youth who the state has reasonable cause to believe are victims, or are at-risk of becoming victims of human or sex trafficking shall be screened at the earliest point after intake, or no later than 7 days of case opening. 1
3. Contact with youth and family
a. The DFS Caseworker shall make initial contact with the youth and family within seven (7) calendar days after the initial court hearing ordering DFS involvement.
b. The DFS Caseworker may obtain consent to release information from the youth and parent(s) prior to making collateral contacts (collateral contact means obtaining information concerning a youth and/or family from a person who has knowledge of the youth and/or family situation (i.e. school employees and records, law enforcement, Benefit Specialists, medical personnel, court records, public health, mental health, and substance abuse)).
c. The DFS Caseworker shall explain that a complaint has been filed, outline the allegations of the complaint, and explain that the intake is meant to assist the youth and/or family but services are voluntary at this point.
d. The DFS Caseworker shall make services available to the youth and/or family on a voluntary basis in order to begin addressing the needs identified by the youth and/or family.
1 Preventing Sex Trafficking and Strengthening Families Act/ Human and Sex Trafficking Policy 2.9
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Probation Services POLICY: Juvenile Services Assessment POLICY NUMBER: 1.2 |
EFFECTIVE DATE: January 1, 2020 | Current: 1/2020 Revised: 5/10, 1/13, 6/17 Original: 6/09 |
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.
Purpose:
The Department shall evaluate the possibility of future risk of recidivism through the risk assessment. The Juvenile Risk Assessment shall be used as a guide in determining the most appropriate course of action and case planning for each youth by examining levels of risk to re-offend. The Juvenile Risk Assessment shall be used in conjunction with professional skill and judgment. The Juvenile Risk Assessment shall be used on all Juvenile Services cases.
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.
Accountability: Accountability focuses on the need to create an awareness and acceptance in youth of the harmful consequences of their negative behavior. It refers to the requirement that offenders “make amends” for the harm resulting from their crimes by repaying or restoring losses to victims and the community. Accountability demands that youthful offenders make amends and has strong implications for rehabilitation and reduced recidivism.
Adjudication: A finding by the court or the jury, incorporated in a decree, as to the truth of the facts alleged in the petition
Caregiver: A person who is responsible for children’s care, custody, or welfare. See definition for A Person Responsible for a Child’s Welfare.
Child In Need Of Supervision (CHINS): Any child who is habitually truant or has run away from home or habitually disobeys reasonable and lawful demands of his parents, guardian, custodian or other proper authority or is ungovernable and beyond control.
Competency Development: Competency development is an active, positive activity in which youth develop skills through productive and meaningful work.
Community Protection: The Community Protection objective explicitly acknowledges and endorses a long-time public expectation that juvenile services must place equal emphasis on ensuring public and child safety at the most efficient cost and using the least restrictive level of service possible to protect the community. Community protection envisions a wide variety of creative intermediate sanctions (and positive incentives) with confinement as a last resort.
Delinquent Act: An act punishable as a criminal offense by the laws of this state or any political subdivision thereof, or contempt of court under W.S. 14-6-242, or an act violating the terms and conditions of any court order which resulted from the criminal conviction of any child but does not include a status offense.
Drug/Chemical: A medicine or other substance which has a physiological effect when ingested or otherwise introduced into the body (this may refer to illegal substances, over the counter medication, prescribed medications, tobacco, vaping, over the counter cleaning products and aerosols for the purpose of huffing).
Family: Nuclear family and/or biological family.
Juvenile Risk Assessment: The juvenile risk assessment in the Department’s database.
Motivational Interviewing: Motivational interviewing is a directive, client-centered counseling style for eliciting behavior change by helping clients to explore and resolve ambivalence.
Non-Violent Offense to Property or Person: Offenses to include but not limited to delinquent acts that do not involve the use of force or injury to another person or property.
Solution Focused Inquiry Questions: A practice of using questions and having conversations that strengthen an individual or family's capacity to achieve their own best judgement in difficult times by surfacing and making visible:
- People's past and present capacities (how they survived the trauma);
- Achievements, assets, networks of support, unexplored potentials;
- Innovations, strengths, high-point moments;
- Values, traditions, stories;
- Expressions of wisdom; and
- Visions of valued and possible futures.
Violent Offenses: Offenses included but not limited to delinquent acts that involve the use or threat of force or injury to another person or property.
Policy Statement:
The Department shall evaluate the possibility of future risk of recidivism through the Juvenile Risk Assessment within 30 days of case opening. A Juvenile Risk Reassessment shall be completed at a minimum of every three (3) months of the initial Juvenile Risk Assessment.
Policy:
The Department shall complete the Juvenile Risk Assessment in the Department of Family Services data system on all Probation cases that are open for services within 30 days of the case opening and/or initial PDR, whichever comes first.
The Juvenile Risk Assessment shall be used to reassess every 3 months from initial assessment, at case closure or if there is a significant change within the case (i.e. a new offense, changes to the child’s placement, and/or changes to adults in the household).
Case plans shall address any scored “Red Flag” questions within the tool and any current identified High Risk questions.
Case plans shall be updated with any new scored “Red Flag” questions and current scored High Risk questions through the reassessment process.
Policy and Training Review:
Annually reviewed by state office staff.
Party Responsible for Policy Oversight:
Social Services Analyst
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Probation Services POLICY: Intensive Supervision Program POLICY NUMBER: 1.3 |
EFFECTIVE DATE: June 1, 2017 | Current: 6/17 Revised: 1/13, 6/17 Original: 8/99 |
A. Purpose
Intensive Supervision provides the Department of Family Services (DFS) and Juvenile Courts with an alternative to out-of-home placement or incarceration, recognizing the opportunity for care and treatment within the family and community. 1 The Intensive Supervision Program (ISP) is a balanced approach to supervision, which is designed to enhance public safety. This program will promote youth accountability, intensive treatment services and long-term behavioral change by the youth while maintaining DFS’s commitment to public safety. ISP will focus on evaluating a youth’s assets and liabilities, identifying problems and classifying risk to the community so that appropriate decisions will be made in supervision of the youth.
ISP will:
- Promote public safety through increased surveillance and risk control strategies.
- Focus on out-of-home placement bound youth and enhancement from traditional probation.
- Promote youth accountability to the victim, the youth’s family and the community at large through restitution, supervision fees, community service, and support of family, mandatory school and/or employment, curfews, and drug and/or alcohol screening.
- Promote long-term behavioral change by the youth by providing intensive services through substance abuse evaluation and/or treatment, other mental and health services, life skills groups, cognitive thinking classes, educational and/or vocational training and employment skills.
B. Procedure
1. Classification and Eligibility Criteria
a. To be eligible for ISP participation, youth must be classified as high risk and/or high need as demonstrated on the Juvenile Services Assessment (JS Assessment), and/or as deemed appropriate by a DFS ISP Caseworker, Supervisor or District Manager.
b. Polysubstance abusing youth, youth committing violent or weapon related offenses, sex offending youth and those exhibiting the need for a high level of supervision will generally be considered appropriate for ISP.
2. ISP Referral and Selection
a. Referrals for ISP may come from DFS Caseworkers, Wyoming Boys’ School (WBS), Wyoming Girls’ School (WGS), and/or Juvenile Court.
1) DFS Caseworker Referral
a) During the Predisposition Report (PDR) process the DFS Caseworker conducting the investigation may staff potential ISP cases with other DFS ISP Caseworkers.
b) DFS ISP Caseworker shall assess overall suitability based on criteria and available space.
c) If accepted, the DFS Caseworker conducting the investigation shall inform the court of the youth’s appropriateness for ISP. The recommendation shall also be made at the youth’s Multi-Disciplinary Team (MDT) meeting.
d) The DFS Caseworker may also recommend youth for enhancement from standard probation to ISP. The DFS ISP Caseworker shall assess the youth’s overall suitability based upon criteria, available space, likelihood of the youth’s success in ISP and the JS Assessment.
2) WBS, WGS or other Out-of-Home Placement Referral
a) If deemed eligible, a youth may be placed into ISP following release from out-of-home placement based on a recommendation by placement staff and/or the DFS Caseworker. ISP offers an opportunity for early release from placement with increased levels of community supervision and resources.
b) DFS ISP Caseworker shall assess overall suitability based on program criteria, which includes completion of the JS Assessment, available space, the likelihood of the youth’s success in the program and the viability of the release plan.
3) Juvenile Court. By order of the court, a youth may be placed on ISP.
3. Program Capacities
a. Availability shall be determined by each local office, depending on case load size of each DFS ISP Caseworker.
4. Orientation/Intake
a. If the case is being transferred from one (1) DFS Caseworker to another at the time the youth is placed on ISP, the file shall be provided to the DFS ISP Caseworker within two (2) business days.
b. The orientation/intake process shall take place within five (5) days following the youth’s acceptance/arrival. To complete the orientation/intake process the DFS ISP Caseworker shall:
1) Complete the JS Assessment if not already done.
2) Review and sign the ISP Agreement (F-SS113).
3) Explain and answer questions regarding program levels, intermediate sanctions, rewards, weekly schedules and curfews.
4) Take a photograph of the youth for the file.
5) Ensure the youth signs the Release of Information forms for all appropriate services, including but not limited to, treatment and/or counseling, school, and employment.
6) Explain the use of electronic monitoring equipment and that it is optional unless ordered by the court.
7) Ensure the youth submits a list of all persons residing in his/her home, and any additional individuals who may visit the home. The lists shall be subject to DFS ISP Caseworker’s approval.
8) The DFS ISP Caseworker shall make referrals to other agencies for evaluations or services, to include specific time frames for initial contact.
5. ISP Agreement
a. All youth placed on ISP shall sign the ISP Agreement and ISP Schedule/Curfew Restrictions and Allowances (117a, 117b, and 117c) for each level. 2
b. The DFS ISP Caseworker shall read and review the ISP Agreement with each ISP youth, and shall witness his/her signature within five (5) days of the youth’s acceptance/arrival. A copy of the signed ISP Agreement and court order shall be provided to the youth and placed in the file.
6. Supervision Levels and Contacts
a. ISP may be approximately 270 days, consisting of three (3) levels of 90 days each.
1) Level 1
a) The DFS ISP Caseworker shall meet face-to-face with the youth a minimum of eight (8) times per month, which may include home visits, school visits, employment visits, and office visits.
b) The DFS ISP Caseworker shall make monthly collateral contacts as necessary, which shall include, but are not limited to, school staff, employers, counselors, and family members.
c) Youth shall be subject to random urinalysis tests as deemed necessary by the DFS ISP Caseworker. Random Breathalyzer tests shall be done as deemed necessary by the DFS ISP Caseworker.
d) Curfew will be set and monitored by the DFS ISP Caseworker.
e) ISP youth shall prepare a weekly schedule detailing school hours, work hours, all counseling appointments, ISP groups, and personal activities. Youth are limited to six (6) hours of unsupervised/free time.
2) Level 2:
a) The DFS ISP Caseworker shall meet face-to-face with each youth a minimum of six (6) times per month, which may include home visits, school visits, employment visits, office visits, and surveillance.
b) The DFS ISP Caseworker shall make monthly collateral contacts as necessary, which shall include, but are not limited to, school staff, employers, counselors, and family members.
c) Youth shall be subject to random urinalysis tests as deemed necessary by the DFS ISP Caseworker. Random Breathalyzer tests shall be performed as deemed necessary by the DFS ISP Caseworker.
c) Curfew shall be set and monitored by the DFS ISP Caseworker.
3) ISP youth shall be given increased access to the community but activities shall be meaningful and serve a specific purpose. All activities shall appear on this/her weekly schedule and include only those approved by the DFS ISP Caseworker.
3) Level 3:
a) The DFS ISP Caseworker shall meet face-to-face with youth a minimum of four (4) times per month, which may include home visits, school visits, employment visits and surveillance.
b) The DFS ISP Caseworker shall make monthly collateral contacts as necessary, which shall include, but are not limited to, school staff, employers, counselors and family members.
c) Youth shall be subject to random urinalysis tests as deemed necessary by the DFS ISP Caseworker. Random Breathalyzer tests done as deemed necessary.
d) Curfew shall be set and monitored by the DFS ISP Caseworker.
4) ISP youth shall fill out the Resident/Visitors List (F-SS116). A copy of the perspective visitor’s driver’s license (or some form of photo identification) shall be provided to DFS ISP Caseworker in order to run a local records check. Based on the individual’s record check, visitation will be approved or denied. The DFS ISP Caseworker shall determine visitation allowance based on youth’s compliance with each level.
5) The length of ISP shall be extended when a youth regresses to a lower level of supervision. The amount of time spent at that lower regressed level shall be added to the duration of the program.
6) After the youth has completed a supervision level (including any extensions due to regression) the DFS ISP Caseworker may move the youth to the next level of the program or keep the youth at his/her current level for an additional 30 days. The DFS ISP Caseworker shall staff the case with his/her Supervisor prior to the decision.
b. Only youth who successfully move through Levels 1 through 3 shall be considered for transfer to traditional probation supervision or released from probation.
7. Violations
a. All violations shall be investigated immediately and action determined by the DFS ISP Caseworker and reported to the court.
8. Electronic Monitoring
a. Electronic Monitoring equipment shall be available for DFS ISP Caseworker to use at his/her discretion.
b. The DFS ISP Caseworker may place youth on electronic monitoring due to the level of risk they pose to the community when they are initially placed under ISP. If the ISP youth is not placed under electronic monitoring upon his/her commencement, the DFS ISP Caseworker may also utilize electronic monitoring, in lieu of revocation, as an intermediate sanctioning option when violations of program rules occur.
c. When using electronic monitoring, youth shall sign the Electronic Monitoring Program Contract (F-SS112).
9. Youth School/Employment
a. The ISP Youth shall attend school and/or work full time (35-40 hours per week) throughout the duration of ISP. Any variation to full time student or full time employment status shall be considered by the DFS ISP Caseworker on an individual basis.
1 W.S. 14-6-309 through 314
2 W.S. 14-6-310
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Probation Services POLICY: Shelter Care/Initial/Detention Hearing Report POLICY NUMBER: 1.4 |
EFFECTIVE DATE: January 14, 2013 | Current:1/13 Revised: 4/06/1/13 Original:4/06 |
A. Purpose
A shelter care or detention hearing must be held within forty-eight (48) hours, excluding weekends and holidays, of taking protective custody or detention of a minor. 1 The purpose of the Shelter Care/Initial/Detention Hearing Report (F-SS120) is to provide necessary information on abuse and/or neglect, Child in Need of Supervision (CHINS), and juvenile delinquency cases to the juvenile court.
B. Procedure
When a child(ren)/youth is removed from his/her current living arrangement, the DFS Caseworker shall notify the District/County Attorney of the child(ren)/youth removal. This removal shall occur either as a protective custody decision by law enforcement or a physician, or as detention for an illegal action or community safety issue. The DFS Caseworker shall provide the District/County Attorney, guardian ad litem or public defender, and the parent(s) or legal guardian(s) with a report that provides the following information. It is understood that some of the information may be difficult to provide within forty-eight (48) hours but attempts to locate the data shall be made by the DFS Caseworker.
The Shelter Care/Initial/Detention Hearing Report shall list the following:
1. Identifying information regarding the child(ren)/youth, family, household members, and other important people;
2. Physical and mailing address of the family;
3. Presenting situation;
4. If continuation in the home would be contrary to the welfare of the child(ren)/youth and if removal from the home is in the best interest of the child(ren)/youth; 2
5. Reasonable efforts that have been made to prevent the removal of the child(ren)/youth;
6. Effort(s) made to contact the absent parent(s)and/or relative(s);
7. Indian Child Welfare Act (ICWA); 3
8. Recommendations; and
9. Placement.
1 W.S. 14-3-409, 14-6-209 and 14-6-409
2 Social Security Act/Title IV-E
3 Indian Child Welfare Act (ICWA) 25 U.S.C. Section 1901 et seq. of 1978, P.L. 95-608
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Probation Services POLICY: Predisposition Reports POLICY NUMBER: 1.5 |
EFFECTIVE DATE: January 15, 2016 | Current:1/16 Revised: 4/06, 1/13, 1/16 Original:8/99 |
A. Purpose
The purpose of a predisposition investigation is to collect information necessary and relevant for a court to formulate an appropriate dispositional order. Predisposition reports (PDR) shall be concise, factual, unbiased, and contain only information relevant to the court’s disposition decision. The report shall depict the family’s strengths and needs. 1
B. Procedure
1. A PDR shall be completed seven (7) days prior to the disposition hearing, and within any time frame as ordered by the court. 2 Information shall be collected from interviews with the family and collateral contacts, school and/or day care records, law enforcement agencies (criminal history), and DFS assessments and/or independent assessments.
2. The assigned DFS Caseworker shall complete the DFS PDR (F-SS122) by summarizing the significant findings of the investigation. The PDR shall be submitted to the court and Multidisciplinary Team within the time frame assigned. The report shall include recommendations for a Family Service Plan and/or the Youth Empowered Success (YES) Case Plan, as well as a recommended intervention options.
a. The PDR shall contain the following information:3
1) Identifying information regarding the child(ren)/youth, family, household members and other important people;
2) Physical and mailing addresses;
3) Judicial information;
4) Present situation involving the child(ren)/youth and family;
5) Education of the parents and child(ren)/youth;
6) Employment history of caretakers and/or parents;
7) Support system of the family and child(ren)/youth;
8) Law enforcement contacts for any individual in the home;
9) Service and/or Placement history;
10) Physical, mental/emotional health and substance abuse history of all family members, including any preexisting and identified handicapping conditions;
11) Financial conditions (child(re)/youth and parent(s) and/or caretaker(s)) and financial obligations, if the child(ren)/youth is placed;
12) Reason(s) why remaining in the home is contrary to the welfare; 4
13) Reasonable efforts made to prevent removal, including a description of the efforts to provide services to the child(ren)/youth in the home prior to placement, if placement is recommended;
14) Efforts made to contact absent parent(s) other relatives as well as parents of a sibling of the child where such parent has legal custody of such sibling; 5
15) Indian Child Welfare Act (ICWA); 6
16) DFS caseworker observations and recommendations:
17) Indicate whether the placement is in or out of state; and
18) Certification of funds.
b. For Juvenile Court cases alleging a youth of a delinquent act or as a Child in Need of Supervision (CHINS), the PDR shall also include the following:
1) Offense (Official and Juvenile Versions);
2) Victim Impact Statement (if identified);
3) Prior Offense History; and
4) Restitution
1 W.S. 14-3-427, 14-6-227 and 14-6-427
2 W.S. 14-3-427, 14-6-227 and 14-6-427
3 W.S. 14-3-427, 14-6-227, 14-6-427 and 21-13-315(d)
4 Social Security Act/Title IV-E
5 42 USCA Section 671(a)(29)
6 Indian Child Welfare Act (ICWA) 25 U.S.C. Section 1901 et seq. of 1978, P.L. 95-608
Policy Title: | Family Assessment Policy |
Effective Date: | July 1, 2020 |
Revision Date: | |
Approval | Korin A. Schmidt, Director |
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
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Probation Services POLICY: Case Plan POLICY NUMBER: 1.6 |
EFFECTIVE DATE: February 1, 2017 | Current: 2/2017 Revised: 8/04, 4/07, 10/09, 1/12, 11/12, 1/13, 9/15, 1/16, 2/17 Original: 6/98 |
A. Purpose
A Case Plan is a document created in partnership with the family and in collaboration with formal and informal supports. The Case Plan may be created during a family team meeting, MDT or other appropriate meeting. The Case Plan establishes measurable goals and steps that specifically address the needs of the entire family while incorporating the safety, well-being, and permanency of the child(ren)/youth. Case Plans are family centered, strengths based, individualized, culturally competent, comprehensive, reflective of community partnerships and
outcome based. 1 The DFS Caseworker may use the Family Service Case Plan (F-SS9B), Family Preservation Case Plan (F-SS9C) or Juvenile Services Case Plan (F-SS-9D).
B. Procedure
1. Case Plans are required for all open cases. The Case Plan shall be developed with the all family members. With respect to a youth who is 14 years of age or older, the case plan shall be developed in consoltation with that youth and at the option of the youth, the youth may chose two (2) members of the case planning team who will represent his/her best interest. One (1) of those members chosen by the youth may be designated to be the youth’s adviser and/or advocate with respect to the application of the reasonable and prudent parent standard. 2
a. For non-placement cases, a Case Plan:
1) Shall be completed within 30 days of opening a case; 3
2) Shall be completed 30 days after adjudication or within 60 days after the case is filed (Juvenile services cases) whichever comes first;
3) May be developed if a family will agree to services before the adjudication; and/or
4) Is not required if the case is open less than 30 days, and there is no substantiation, and there are no services provided.
5) Candidates for Foster Care (IV-E)
(1) For every child/youth where DFS is working with the family to prevent removal, the DFS caseworker shall make a determination as to whether or not the child(ren)/youth qualifies as a candidate for foster care. 4
(2) A candidate for foster care is a child(ren)/youth who is at serious risk of removal from home as evidenced by:
i. DFS pursuing his/her removal from the home; or
ii. DFS making reasonable efforts to prevent such removal.
iii. The child(ren)/youth’s Case Plan needs to clearly indicate that foster care is the planned arrangement for the child(ren)/youth unless effective preventative services are provided. Therefore, the Case Plan shall state that the child(ren)/youth is at serious risk of removal from his/her home because DFS believes a plan of action is needed to prevent that removal and reviewed/discussed at least every six (6) months.
(3) Documentation of Eligibility
i. A checkbox provided on the Case Plan must be checked indicating that the
child is at serious risk of removal from the home if case plan goals are not
achieved.
ii. The DFS Caseworker shall check the appropriate box on the Case Plan maintenance screen on the DFS data system and identify which child(ren)/youth are candidates for foster care.
iii. Redetermination for candidates for foster care shall be made every six months. An alert will be generated in the DFS data system which will be sent to the caseworker during the 5th month. At that time the caseworker shall update the Case Plan as well as the DFS data system.
b) Placement Cases. The Family Service Case Plan (F-SS9B) or Juvenile Service Case
Plan (F-SS9D) shall be developed with the family, to incorporate all parent/caregiver(s), including non-custodial and/or incarcerated parent/caregiver(s), youth and children (when age appropriate) within 60 days of placement. Placement cases need to identify a Permanency Goal. 5
1) Visitation Plan
a) The Notice of Visitation Plan for Family (F-SS15) shall be an on-going document that shall be addressed throughout placement to establish specific visitation requirements for parent(s), child(ren)/youth, and siblings. The Notice of Visitation Plan for Preserving Connections (F-SS15A) shall be used for other significant people, which may include maternal/paternal relatives, other members of the family, neighbors with in the child(ren)/youth have a connection and other important people in the family’s lives. 6
(1) The DFS Caseworker and family team shall establish the visitation schedule that best suits the family members and meet a minimum of one (1) time monthly to review progress of the Case Plan and Visitation Plan.
(2) Reasonable visitation requests shall not be denied for a child(ren)/youth in placement and his/her families unless there are identified safety risks and/or the court order directs no visitation.
(3) Contact between a child(ren)/youth in placement and his/her siblings and parent(s) should occur several times a week when appropriate, through in-person contact, telephone calls, cards, letters, parental attendance at child(ren)/youth’s activities, and at medical or counseling appointments.
(4)Alternative visitation plans may be created when safety concerns are determined by DFS and noted by the court due to substance abuse and parents are court ordered to provide negative urinalysis and cannot meet the courts expectation. The alternative plan will allow parents to maintain a relationship with the child and not comprise safety. This shall include phone calls, correspondents, video visits and supervised visits when the parent isn't intoxicated.
b) Transportation for the family is an important part of visitation.
(1) If a child(ren)/youth is in a Medicaid funded placement, Medicaid shall pay the transportation costs of the family if it is identified in the Medicaid Treatment Plan;
(2) If a child(ren)/youth is in a Department of Family Services (DFS) funded placement, the DFS will assist in transportation when necessary, as long as the visits are described and approved in the Case and Visitation Plan(s) for the family.
c) Visitation events shall be documented in the case file using narrative entry in the DFS data system within seven (7) days.
2) Discharge/Transition Summary and Plan
a) The Discharge/Transition Summary and Plan shall be developed (by the
placement facility) for each child/youth, as a part of his/her Individualize Service Plan of Care (ISPC) or Individualized Treatment Plan of Care (ITPC), within 14 calendar days of placement. The DFS Caseworker shall verify the Discharge/Transition Summary and Plan was completed as part of the ISPC or ITPC and request a copy for the file.
b) The Discharge/Transition Summary and Plan shall include placement time-line, anticipated discharge date, primary and secondary placement upon release, a summary of to what degree objectives were accomplished, and continuing care plan with referrals to other programs and/or community service providers and listing of current medications with refill dates, as appropriate.
3) Concurrent Plan
a) The concurrent plan shall be done simultaneously with the permanency goal and shall begin when the need for the concurrent plan is determined and identified. 8
b) The plan shall state who the child(ren)/youth will be placed with and the expected legal permanent outcome if reunification efforts fail.
4) Rights for Wyoming Foster Youth
a) A copy of the F-SS9r shall be included with the Case Plan/ for any youth 14 years of age or older and signed by the youth as acknowledgement of receipt.
5) Another Planned Permanent Living Arrangement (APPLA)
a) APPLA may only be identified as a permanency plan for youth who are 16 years or older. 9 APPLA is only to be identified as a permanency plan when efforts for all other permanency options have been unsuccessful.
b) Efforts shall continue to identify a Permanency plan other than APPLA and those efforts shall be on-going while the youth remains in care.
c) Independent and Transitional Living Plan-The Independent and Transitional Living Plan (F-SS09t) shall be developed as part of the Case Plan. 10
2. In developing the Case Plan, the following shall be considered during the creation plan: 11
a. Persons who will assist in developing the plan, including the DFS Caseworker, family, family team and/or MDT members and person(s)/agency responsible for implementing the different parts of the plan and timeframes; 12
b. How safety and risk factors identified through the required assessment tools will be addressed; 13
c. What the presenting issue is that brought the family to the attention of DFS;
d. The strengths and needs of the family as well as the cultural, ethnic, and family traditions;
e. The most appropriate permanency plan and an assessment as to the need for a concurrent permanency plan and placement;
f. Describe the services offered and provided to prevent removal of the child(ren)/youth from his/her home as well as services already in place. Identify individualized services and supports needed to meet the goals of the permanency plan and concurrent plan if applicable; 14
g. Level and intensity of the services and supports as well as how each is measured and a method identified to determine how the goals and steps will be met;
h. Resources needed to overcome barriers to the identified services and supports. Financial responsibility for services should be shared by other team members and community resources. DFS should be only one (1) resource of funding utilized;
i. The case worker may use the Well-being page of the Family Service Case Plan to indicate if there are any special needs for the child(re)/youth if it is a non-placement case.
j. The DFS Caseworker shall complete the Well-being page of the Family Service Case Plan if the child(ren)/youth is placed in out-of-home care.
1) Child(ren)/youth shall receive an initial medical, dental and optical examination within 30 days of placement. 15
2) Efforts shall be made to keep the child(ren)/youth in the school of origin, when the child(ren)/youth is initially placed and each time there is a change in placement, unless it is not in his/her best interest and documented in the case file. If remaining in the same school is not in the best interest of the child(ren)/youth, the DFS Caseworker shall coordinate with the school(s) to ensure the child(ren)/youth is immediately enrolled and school records are transferred in a timely basis. 16
3) Child(ren) under the age of six (6) receiving services from DFS and involved in a case of child abuse or neglect shall be referred to agencies providing early intervention services under part C of the Individuals with Disabilities Education Act (IDEA). Child(ren) birth to six (6) years of age shall receive, or have an appointment set for an early childhood screening/assessment within 30 days of placement. 17
4) Siblings should be placed together unless it is not in their best interest and those reasons shall be documented. 18
5) Diligent search for absent parent and relatives shall be completed in 30 days and each shall be notified of placement. 19
6) Assessments shall be completed on child(ren)/youth, to include the Ansell Casey.
7) ICWA shall be addressed, if appropriate. 20
3. Case Plan Distribution
a) The DFS Caseworker shall provide a signed complete copy of the CasePlan to the parent(s), court, and attorneys within seven (7) days of development and shall file with the court no later than five (5) business days of the disposition hearing and five (5) days prior to a review hearing if an updated plan was completed.
b) The page pertaining to foster parent(s) and placement facilities may be provided to the placement resource within seven (7) days of development.
c) A copy of the Case Plan may be distributed to other family team members if the family gives permission.
d) The Case Plan shall be scanned into the DFS data system and a hard copy placed in the file. 21
e) Anytime the Case Plan is updated and/or modified, the changes shall be initialed or signed by the parent(s), DFS Caseworker, and child(ren)/youth (if appropriate) and dated. The changes shall be provided to all parties within seven (7) days.
4. The DFS Caseworker shall meet with the family monthly to review progress of the Case Plan in order to measure both efficiency and effectiveness of the interventions in supporting both the family and DFS goals, to include:
a) Safety, permanency and well-being;
b) Community protection;
c) Family involvement;
d) Family satisfaction;
e) Services support and delivery;
f) Barriers to effective service provision;
g) Timeliness; and
h) Cost vs. benefit.
5. The DFS Caseworker, family, family team and/or MDT shall meet quarterly to review the progress of the Case Plan and adjust it if needed to meet the needs of each family member. 22
6. Case Plan goal updates and changes. A Case Plan shall be updated for every change in placement and document any modifications in services, schools, and/or other changes and shall be filed in the court no later than five (5) business days after such update/change.
7. Change in the Permanency Plan. A new Case Plan shall be completed when the permanency plan has been changed and shall be filed in the court no later than five (5) business days after such update/change.
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)
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Probation Services POLICY: Substance Abuse Testing POLICY NUMBER: 1.6.1 |
EFFECTIVE DATE: June 1, 2017 | Current: 6/17 Revised: 10/09, 1/13,6/17 Original: 10/09 |
A. Purpose
The Department of Family Services (DFS) shall establish guidelines for substance abuse screening for youth under the supervision of DFS and parent(s), legal guardian(s) and/or other person(s) under the jurisdiction of the Juvenile Court in an effort to reduce substance abuse.
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.
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Probation Services POLICY: Transportation POLICY NUMBER: 1.6.2 |
EFFECTIVE DATE: June 1, 2017 | Current: 6/17 Revised: 10/09, 1/13, 6/17 Original: 10/09 |
A. Purpose
To safely transport child(ren)/youth and/or families to assist in achieving Case Plan goals and the administration of services.
B. Procedure
It is often necessary for a child(ren)/youth to be transported in order obtain services or comply with the Case Plan. The utmost caution shall be exercised while transporting a child(ren)/youth. DFS Caseworkers may transport child(ren)/youth and their families.
1. In the case that a child(ren)/youth needs to be transported by DFS, the DFS caseworker conducting the transport shall:
a. Never use personal vehicles to transport child(ren)/youth.
1) When the DFS caseworker is conducting the transport, he/she shall verify that the vehicle is in good running condition with adequate fuel.
2) The DFS caseworker shall verify that all passengers have their seatbelts securely fastened and that car seats are properly secured.
b. Conduct the transport using a minimum of two (2) DFS caseworkers with at least one (1) being of the same gender of the child(ren)/youth when the child(ren)/youth being transported is over the age of twelve.
1) A case by case exception may be made by the DFS Supervisor.
c. The DFS caseworker shall conduct a visual scan to ensure that there are no hazardous objects within reach of the child(ren)/youth.
d. Follow the State of Wyoming Vehicle Use Policies and Procedure.
e. Discuss the transportation plan and/or any safety concerns with his/her immediate supervisor.
1) For longer trips DFS caseworkers shall contact and inform his/her immediate supervisor of departure and arrival at destination.
f. Have a working and charged cellular phone whenever possible.
g. Separate males and females as best as possible when transporting multiple child(ren)/youth.
h. Activate the child and window locks on the rear doors.
i. The DFS caseworkers shall not leave the child(ren)/youth unattended and the child(ren)/youth shall remain within sight and sound of DFS caseworkers at all times..
j. Turn off and secure the vehicle prior to leaving it unattended. No child(ren)/youth should be left unattended within a vehicle.
2. When travel is required in inclement weather, the following considerations shall be made:
a. Road conditions: DFS caseworker shall not transport child(ren)/youth on roads classified by the Wyoming Department of Transportation as having “no unnecessary travel,” closed, or when the chain law is imposed on that respective section of road.
3. On a case-by-case basis, the DFS Supervisor may make exceptions in emergency situations, when not in violation of law, as long as the transport does not compromise the safety of staff, child(ren)/youth, or family.
C. Secure Transport
Child(ren)/youth who are being transported via a secure transport vehicle while mechanical restraints are in use shall be considered to be secure transports.
1. The District Manager or designee shall have approval of the use of secure transport.
2. Transports shall only be done in an agency approved secure transport vehicle.
3. When possible, notification of the use of secure transport shall be made to the Court, GAL, and District/County Attorney.
4. Secure transports to and from the WBS/WGS shall have prior authorization and coordination from the WBS/WGS Superintendent or their designee.
5. A contraband search of the transport vehicle shall be conducted directly prior to, and after the transport.
6. The DFS caseworkers shall perform a thorough search for contraband of the individual being transported prior to placing them inside the transport vehicle.
D. Mechanical Restraints. (Use of handcuffs, belly chains and leg restraints).
1. The District Manager or designee shall have approval of the use of mechanical restraints.
2. Only agency approved mechanical restraints can be used.
3. All transportation DFS caseworkers shall be trained by qualified personnel in the proper use of mechanical restraints and proper search techniques.
4. All handcuffs and leg restraints shall be checked for tightness and double locked.
5. Restroom use.
a. Child(ren)/youth shall remain within sight and sound of DFS caseworkers at all times during restroom use.
b. All but one of the child’s/youth’s hands shall remain restrained while the restroom is being used.
E. Youth That Abscond
1. If a child/youth that is being transported attempts to abscond, DFS caseworkers shall immediately contact law enforcement to advise them of the situation, identity of the child/youth, description of the child/youth and the direction of travel.
2. At no time shall DFS caseworkers attempt to apprehend or chase after the child/youth.
3. DFS caseworkers shall attempt to keep a visual of the child/youth in order to provide information to law enforcement to aid in apprehension.
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Probation Services POLICY: Interstate Compact for Juveniles (ICJ) POLICY NUMBER: 1.7 |
EFFECTIVE DATE: September 28, 2015 | Current: 9/15 Revised: 1/13, 9/15 Original: 06/01/1998 |
A. Purpose
The Interstate Compact for Juveniles (ICJ) provides the mechanism to effect and regulate the movement of a juvenile across state lines. The ICJ provides uniform procedures to permit the return of juveniles who run away and a system under which juvenile offenders can be supervised in other states. Wyoming enacted legislation in 1957 and became a member state shortly thereafter. 1
B. Procedure
1. Juvenile Served
a. The ICJ Compact provides services for a juvenile who:
1) Is on probation or parole and plans to move out of state;
2) Is a non-delinquent who runs away to another state;
3) Escapes from an institution to another state;
4) Absconds from probation or parole to another state;
5) Is an accused delinquent who runs away to another state; or
6) Requires institutional care and specialized services in another state.
2. Transfer of Probation Supervision
a. Persons Eligible for Transfer of Supervision:
1) A person classified as a juvenile by the sending state and is under the jurisdiction of a court or appropriate authority;
2) Adjudicated delinquents;
3) Adjudicated status offenders/ CHINS; or
4) Juveniles with deferred adjudication; AND
5) A juvenile is eligible for transfer of supervision if he will reside in the receiving state with a parent, legal guardian, relative, non-relative or independently, excluding residential facilities; or
6) Is a full time student at a secondary school or accredited university, college or licensed specialized training program and can provide proof of acceptance and enrollment.
b. DFS Requesting Supervision from Receiving State:
1) The DFS Caseworker shall prepare and submit three (3) ICJ referral packets to the Compact Administrator, Deputy Compact Administrator or designee (ICJ Office).
2) Referral packets shall include:
a) The Parole or Probation Investigation Request (ICJ Form IV ) and Application for Services and Waiver (ICJ Form IA/VI);
b) Petition and/or Arrest Reports;
c) Adjudication and Disposition Court Orders;
d) Conditions of Probation;
e) Pre-Dispositional Report (PDR) including Legal and Social History; School, Medical and Treatment Reports; and
f) Other pertinent information deemed to be of benefit to the receiving state.
3) ICJ Report of Sending State Upon Parolee or Probationer Being Sent to the Receiving State (ICJ Form V) shall be forwarded prior to placement if the juvenile is not already residing in the receiving state.
4) The Compact Administrator, Deputy Compact Administrator or designee shall ensure the referral documents are complete and forwarded to the receiving state within five (5) business days of receipt.
c. Acceptance of and Denial of Supervision:
1) Within thirty (30) calendar days of receipt of ICJ referral packet, the receiving state shall conduct a home evaluation (ICJ Form VIII, Home Evaluation). The Home Evaluation shall include a recommendation for acceptance or denial of the placement.
2) Within forty-five (45) calendar days of receipt of the ICJ request, the receiving state’s ICJ Office shall forward the completed Home Evaluation to the sending state’s ICJ Office. The receiving state may deny placement if it is unsuitable.
3. Supervision and Services Requirements:
a. The receiving state assumes the duties of supervision when it accepts the transfer;
b. Both the sending and receiving states have the authority to enforce the terms of supervision;
c. Costs incurred are the responsibility of the state seeking to impose enforcement sanctions;
d. The sending state is financially responsible for treatment services ordered by the court if they are not available through the supervising agency and/or cannot be obtained through Medicaid or a private payor;
e. The age of majority and duration of supervision are determined by the sending state;
f. Quarterly Progress Reports are due every ninety (90) days by the supervising state;
g. Additional reports shall be provided when concerns arise over the juvenile or a change in placement occurs;
h. Violations shall be reported by the DFS Caseworker to the ICJ Office as soon as possible; and
i. Termination of Supervision shall occur when authorized by the sending state.
4. Travel Permits/ ICJ Form VII
a. Out of State Travel Permits and Agreement to Return (ICJ Form VII) (referred to as Travel Permits) shall be issued for a juvenile testing a placement in another state or traveling to another state ( i.e. family visits, vacation, work, medical care);
b. Travel Permits shall be submitted to the ICJ Office prior to a juvenile traveling to another state, and the ICJ Office shall forward the Travel Permit to jurisdiction of visit;
c. Travel Permits shall be used for travel to another state that will exceed forty-eight (48) hours;
d. Regardless of length of stay, Travel Permits are mandatory if the adjudicating offense includes any of the following:
1) Sex related offenses;
2) Violent offenses that have resulted in personal injury or death;
3) Offenses committed with a weapon; and/or
4) Juveniles committed to state custody.
5. Return of Runaways
a. Within twenty-four (24) hours of detainment, authorities may release a runaway to his/her parent or legal guardian;
b. Holding authorities shall contact the holding state’s ICJ Office if the juvenile remains in custody beyond twenty-four (24) hours;
c. Non-delinquent juveniles who are endangering himself/herself or others held beyond twenty-four (24) hours shall be held in secure facilities;
d. A hearing shall be held by the holding state, in which a judge informs the juvenile of his/her rights;
e. If the juvenile agrees to return to his/her home state, the juvenile and judge shall sign the Consent for Voluntary Return of Out of State Juvenile (ICJ Form III);
f. Authorities shall forward the completed Consent for Voluntary Return of Out of State Juvenile to the holding states’s ICJ Office and a copy shall then be forwarded to the home state’s ICJ Office
g. The home state has five (5) business days to return the juvenile after receiving the signed Consent for Voluntary Return of Out of State Juvenile;
h. If the juvenile refuses to return voluntarily, the appropriate authority in the home state shall prepare a written requisition within sixty (60) calendar days of notification;
i. The home state shall be responsible for costs incurred in the transport of the juvenile.
j. All youth in the care of or under the supervision of the DFS who has been identified as a runaway , abducted, or otherwise missing or absent from care, a DFS Caseworker shall immediately and in no case later than 24 hours notify: 2
1) Local Law Enforcement to be entered into the National Crime Information Center;
2) The National Center for Missing and Exploited Children (1-800-843-5678 or http://www.missingkids.com/home)
3) CA/DA;
4) GAL/Defense atty; and
5) Court/judge
k. The DFS Caseworker shall follow the Human/Sex Trafficking Policy 2.9.
1 W.S. 14-6-101, Articles I to XVI
2 Preventing Sex Trafficking and Strengthening Families Act.
WYOMING DEPARTMENT OF FAMILY SERVICES |
CHAPTER: Placement POLICY: Authority for Placement and Placement Process POLICY NUMBER: 2.1 |
EFFECTIVE DATE: January 21, 2015 | Current: 1/21/15 Revised: 4/3/09, 1/13, 1/15 Original: 6/1998 |
- 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. - Procedure
- Voluntary
- 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.
- 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.
- 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.
- 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.
- 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.
- Child support shall be negotiated in accordance with DFS Child Support Policy as part of the voluntary placement.
- 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.
- 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.
- Reasonable Efforts
- Reasonable efforts are required to prevent placement, unless documented safety issues make it inappropriate to prevent removal. Reasonable efforts include both:
- Provided services, and
- Purchased services (document in the court order, family service plans).
- 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:
- Abusive parent may leave the home;
- The child(ren)/youth may temporarily stay with family or friends (background and safety checks shall be completed);
- Relatives or friends may stay with the family to protect the child(ren)/youth (background and safety checks shall be completed);
- Intensive family based services may ensure a reasonable degree of safety; or
- 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:
- The parent(s) has committed murder of another child of the parent;
- The parent(s) committed voluntary manslaughter of another child of the parent;
- The parent(s) aided or abetted, attempted, conspired, or solicited to commit the murder or manslaughter of a child of the parent; and/or
- The parent(s) committed a felony assault that resulted in serious bodily injury to the child or another child of the parent.
- 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.
- Reasonable efforts are required to prevent placement, unless documented safety issues make it inappropriate to prevent removal. Reasonable efforts include both:
- Temporary Custody
- 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:
- Accept physical custody of the child(ren)/youth;
- Make reasonable efforts to inform the parent(s), legal guardian(s) or other person responsible for the child(ren)/youth’s welfare;
- 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:
- Comply with the Multi-Ethnic/Interethnic Adoption Provisions Act;
- Follow procedures in Placement in a Non-Certified Home policy, when applicable;
- 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.
- 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.
- 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.
- 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.
- 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).
- Complete the Temporary Protective Custody Form (F-SS12), Shelter Care/Initial/Detention Hearing Report (F-SS120) and/or affidavit;
- Provide a copy to the County Attorney/District Attorney and place in file;
- Initiate the investigation;
- Conduct the Safety and Risk Assessments;
- Assess the child(ren)/youth’s mental and physical health needs; and
- Get a picture of child(ren)/youth for file and date the photo.
- Develop a visitation plan for siblings who are unable to be placed in the same home.
- Enter all pertinent child(ren)/youth and family information into the DFS data system.
- 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:
- Obtaining Legal Custody
- 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.
- If court action is initiated, the court may request DFS notify the parents of the child(ren)/youth.
- 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.
- 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.
- 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.
- The DFS Caseworker shall ensure the child(ren)/youth receive prompt and appropriate attention to his/her education, mental health and health care needs.
- 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.
- 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).
- 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).
- 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.
- 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.
- The DFS Caseworker shall engage the family to develop a Family Service Plan and/or Youth Empowered Success (YES) Case Plan.
- 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:
- Social Security benefits;
- Veteran’s Administration benefits;
- Developmental Disability Waiver;
- Children’s Mental Health Waiver; and/or
- Individual Education Plan (IEP).
- 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:
- 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.
- 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.
- In cases where placement is in a relative/kinship or foster home, DFS Caseworker shall:
- Have parents fill out the Child/Youth Information Form (F-SS49b) and return to the DFS Caseworker. Provide a copy to the caregiver(s).
- 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.
- 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.
- 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.
- 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).
- Placement Changes
- 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.
- Notification
- 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:
- Court;
- District/County Attorney;
- GAL and/or child(ren)/youth attorney;
- Placement provider,
- Parent(s) Attorney; and
- Parent(s).
- 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:
- The Court orders the move;
- There are allegations of child abuse or neglect and the child(ren)/youth appear to be in imminent danger; and/or
- All parties mutually agree.
- 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.
- The DFS Caseworker shall notify other agencies and/or organizations of changes in placements, when applicable, including but not limited to:
- Foster Care Coordinator;
- Benefit Specialist;
- Financial Services Division (if social security payments or VA benefits redirected to DFS);
- Child(ren)/youth’s school(s);
- Public health;
- Child Support Enforcement;
- Child(ren)/youth’s physician; and/or
- Developmental Disability Waiver Program.
- 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:
- 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.
- Case Management
- On an on-going basis, the DFS Caseworker shall:
- Keep the parent(s) engaged and inform him/her of the child(ren)/youth’s important information including, but not limited to:
- Medical appointments;
- School meetings; and
- Counseling
- Conduct face to face visits;
- Update pictures of child(ren)/youth (annually or more often as needed);
- Write court reports and follow court timelines;
- Attend hearings and assure parent(s) and caregiver(s) are aware of hearings;
- Keep child(ren)/youth portfolio current;
- Develop and update visitation plans; and
- 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.
- Keep the parent(s) engaged and inform him/her of the child(ren)/youth’s important information including, but not limited to:
- On an on-going basis, the DFS Caseworker shall:
- 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).
- Voluntary
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Placement POLICY: Placement in Non-Certified Home POLICY NUMBER: 2.1.1 |
EFFECTIVE DATE: January 14, 2013 | Current: 1/13 Revised: 4/09; 3/10, 1/13 Original: 6/1998 |
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 #
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Placement POLICY: Placement with a Non-Custodial Parent POLICY NUMBER: 2.1.2 |
EFFECTIVE DATE: January 14, 2013 | Current: 1/13 Revised: 4/3/09, 1/13 Original: 4/3/09 |
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
WYOMING DEPARTMENT OF FAMILY SERVICE | CHAPTER: Placement POLICY: Relative/Kinship Placement POLICY NUMBER: 2.1.3 |
EFFECTIVE DATE: January 14, 2013 | Current: 1/13 Revised: 9/1/10, 1/13 Original: 6/15/04 |
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
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Placement POLICY: Family Foster Care - Purpose POLICY NUMBER: 2.1.4 |
EFFECTIVE DATE: September 2016 | Current: 9/16 Revised: 7/06, 11/07, 9/16 Original: 3/03 |
PURPOSE
Foster care is a temporary service to ensure the safety, well-being, and permanency of child(ren)/youth while in the custody of the Department of Family Services (DFS). The DFS district offices are responsible for the approval, monitoring, and enforcement of standards established for foster homes certified by DFS. When it is in the child(ren)/youth’s best interest, preference shall be given to placement with relatives of the child(ren)/youth in DFS custody.
DFS has a responsibility to foster parents for the success of the foster care program and for successful placement outcomes. As a team, DFS and the foster parent(s) support each other. As such, we treat each other with respect.
A foster parent(s) shall possess personal characteristics, interpersonal skills, and healthy family relationships that will enable them to meet the safety, permanency, stability and well-being needs of child(ren)/youth placed in their care (see Attachment A).
The foster parent’s role includes intentional, active involvement in advocating, planning, and delivering services to meet the needs of a child(ren)/youth who is not the foster parent’s child(ren)/youth by birth and shall include involvement with the child(ren)/youth’s birth family. Assessing applicants for competencies uniquely related to foster parenting will help guide training and support so that they can effectively fulfill their responsibilities and assist in reaching better outcomes for the child(ren)/youth in their care.
RELATED POLICES AND PROCEDURES
2.1.4.1 DFS Responsibilities to Foster Parents
2.1.4.2 Foster Home Application & Certification
2.1.4.3 On-going Foster Home Certification & Continuous Quality Improvement (CQI)
2.1.4.4 Foster Parent Responsibilities
2.1.4.5 Problem Solving
2.1.4.6 Background Checks
2.1.4.7 Foster Care Rates
2.1.4.8 Foster Home Records
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Placement POLICY: Family Foster Care DFS Responsibilities to Foster Parents POLICY NUMBER: 2.1.4.1 |
EFFECTIVE DATE: September 2016 | Current: 9/16 Revised: 7/00, 11/07, 9/16 Original: 3/03 |
A. PURPOSE
DFS shall provide on-going information and support to the foster parent(s) to assist them in meeting the needs of each child(ren)/youth in their care.
B. PROCEDURE
1. DFS responsibilities include:
a. Providing information and training so the foster parent(s) has the knowledge and skills needed to participate in decision making using the reasonable and prudent parent standard for the participation of the child(ren)/youth in age or developmentally-appropriate activities. 1
b. Providing or assisting in identifying information, training and/or other opportunities for skill building which will assist the foster parent(s) in developing the competencies, skills and knowledge to develop professionally as a foster parent;
c. Providing timely foster care maintenance payments and timely payments for respite care and other services; and
d. The DFS foster care coordinator, in consultation with the child(ren)/youth’s DFS caseworker, making all respite care arrangements.
2. DFS shall communicate with the foster parent(s) regarding issues or concerns about the foster parent(s) or his/her home to resolve issues immediately.
a. Per Special Investigation Policy (1.3.4) and Assessment Track Policy (1.3.2), all allegations of child abuse and/or neglect as well as violations of certification standards made against the foster home shall be investigated or assessed.
b. DFS caseworker, supervisor, or manager shall immediately notify the DFS foster care coordinator of complaints, concerns, and investigations regarding a foster home.
c. A foster parent(s) shall have the right, without reprisal or threat of reprisal, to present complaints and concerns about child(ren)/youth he/she has in his/her care and/or his/her role as a foster parent(s).
3. DFS shall keep the foster parent(s) informed of staff and case changes for a child(ren)/youth in the foster parent(s) care.
4. DFS caseworker shall provide notice of all juvenile court proceedings to foster parents involving child(ren)/youth in their care. Foster parents have the right to be heard in all juvenile court proceedings with regards to child(ren)/youth in their care, however, foster parents are not parties to juvenile proceedings. 2
5. DFS shall return phone calls to foster parents within 48 hours.
6. The DFS caseworker shall assess the needs of the child/youth and/or foster parent(s) and provide appropriate services to address the identified need that pertain to their capacity to provide appropriate care and supervision.
7. DFS caseworker shall respond within 24-hours to all critical incident reports and any concerns/issues jeopardizing the well-being of the foster child.
8. DFS caseworker shall consult and coordinate with the DFS foster care coordinator for all placements in foster homes.
a. The DFS caseworker or DFS foster care coordinator shall provide as much information as possible prior to placing a child in a foster home so the foster parent(s) can make a well-educated and informed decision on whether or not to take the placement.
b. The DFS caseworker shall report any placement and/or changes in a foster home to the DFS foster care coordinator by the next business day.
9. The DFS caseworker or DFS foster care coordinator shall review the foster care Monthly Report Form (F-SS53) and invoice for completeness and submit for payment no later than 48-hours of receipt.
1 Social Security Act 471(a)(24); W.S.14-13-101 – 104
2 45CFR1356.21(o); Wyoming Supreme Court, Rules of Procedure for Juvenile Courts, Rule 2 - Hearing
WYOMING DEPARTMENT OF FAMILY SERVICE | CHAPTER: Placement POLICY: Family Foster Care Foster Home Application & Certification POLICY NUMBER: 2.1.4.2 |
EFFECTIVE DATE: April 2019 | Current: 4/19 Revised: 7/06, 11/07, 9/16, 4/19 Original: 3/03 |
A. PURPOSE
Foster parents who provide foster care for children in DFS custody and receive a foster care maintenance payment are required to be certified pursuant to the following procedures.
B. PROCEDURE
1. Application for Foster Care
Prospective foster parent(s) shall:
a. Be at least 21 years of age (or at least 18 with approval by the DFS district manager (i.e. an adult sibling).
b. Submit a completed application packet which consists of all of the following:
1) Application to Care for Children (F-SS61) completed and signed by all adult household members; and
2) For each adult household member (Background Checks Policy 2.1.4.6):
a) Application for Child Abuse/Neglect and Adult Central Registry Screens (F-SS26);
b) Local Law Enforcement Background Check (F-SS32);
c) Two (2) FBI (blue) fingerprint card(s); and
d) If the adult(s) has not lived in Wyoming for the last five (5) consecutive years, submit all paperwork required to obtain child abuse central registry checks for each of the states he/she has lived in.
c. Submit the names and contact information for a minimum of five (5) references including:
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 child(ren)/youth.
2) Two (2) relative/kinship references (i.e. parents, siblings, and other relatives) to assess family relationships and support as well as appropriateness of the applicant(s) to provide foster care.
d. Satisfactorily complete the following training:
1) The Parent Resources for Information, Development, and Education (PRIDE); Traditions of Caring: Kinship Family Information, Support Groups, and Assessment; or Extending Our Families through Unity pre-service training. If a prospective foster parent has completed one of these trainings or a similar foster/adoptive orientation training in another state or agency previously, documented completion of the course and its key components may be submitted to the DFS foster care coordinator for review and possible approval for meeting this requirement. The DFS foster care coordinator shall determine whether or not the course needs to be repeated if a former foster parent re-applies and his/her last foster home certificate has been expired for more than one (1) year. The DFS foster care coordinator shall document the decision(s) in the DFS data system in the Home Study Incident narrative.
2) On applying the Reasonable and Prudent Parent Standard 1 ; and
3) Infant/child and adult cardiopulmonary resuscitation (CPR) and first aid. Each prospective foster parent shall provide documentation of current certification issued by the American Red Cross, National Safety Council, American Heart Association or Pro First Aid Online CPR Certification. If one foster parent of a two-foster parent household cannot complete CPR due to health reasons, the foster parent shall submit documentation from a physician stating the reason he/she cannot complete the certification. First Aid and CPR requirements are met for physicians, physician assistants, EMT's, nurses, nurse practitioners, and certified nursing assistants with documentation of current license/certification for their profession.
4) The DFS foster care coordinator shall document completion of all training in the DFS data system in Provider Maintenance on the Provider Training Maintenance screen.
e. Provide a copy of current driver’s license of anyone in the household who will be transporting foster child(ren)/youth as well as proof of insurance for any household vehicle(s) which will be used to transport a foster child(ren)/youth.
f. Submit a completed Emergency Contact Information and Disaster Plan (F-SS54a).
g. Submit a completed Financial Statement (F-SS61b).
h. Submit for each adult household member a signed:
1) Foster Care Acknowledgement and Understanding (F-SS57);
2) Statement of Confidentiality and Discipline (F-SS57a); and
3) Medication Policy (F-SS57b).
i. Participate in any additional screening(s), assessment(s) or evaluation(s) which DFS determines is/are necessary to assist in determining if the applicant(s) or other household member(s) have physical, behavioral or emotional problems that may interfere with the applicant’s ability to care for child(ren)/youth in DFS custody.
j. Participate in the completion of a home study.
2. DFS staff eligibility to be foster or adoptive parent(s) for child(ren)/youth served by DFS or a child placing agency.
a. DFS staff shall not be approved as a foster parent or adoptive parent for a child in DFS custody unless recommended by the district manager and approved by the DFS director.
1) When there is an emergency situation which requires relative placement with DFS staff, the DFS district manager may approve temporary placement in the home. Thereafter, a written application shall be submitted and approved by the DFS director.
2) Requests for foster care certification/approval shall be considered by written application using the DFS Staff Request/Agreement to Foster/Adopt Child(ren) in DFS Custody (HR-10) to the DFS district manager.
b. Home studies of DFS staff shall be conducted and completed by staff from another DFS district, or preferably by an outside agency.
c. Placement decisions, case management and supervision of cases where a child(ren)/youth is or may be placed with DFS staff shall be conducted by DFS staff from another DFS office.
d. The case records and home study(s) of DFS staff shall be kept in a locked file cabinet and made available only to the DFS staff who handle the case or the foster home certification or adoption approval.
e. DFS staff who are approved for placement, adoption and/or certification shall not have access to records or otherwise receive information about child(ren)/youth needing foster or adoptive families except that which is given to any foster or adoptive parent who is inquiring about potential placement of a child(ren)/youth. DFS staff who are approved for placement shall use a non-State e-mail account to electronically communicate regarding the child(ren)/youth.
f. In the event DFS hires an existing foster parent to be DFS staff, any child(ren)/youth placed in the home shall not be removed from the employee’s home; however, the employee shall not be considered a future placement option for any other child(ren)/youth in DFS custody without approval as specified in this policy. All other policy requirements regarding DFS staff as specified in this section shall be followed.
g. Any referral or complaint shall be investigated jointly by DFS social services staff and a DFS foster care coordinator, as appropriate, outside the DFS district office in which the DFS staff works.
h. Under no circumstance shall a DFS caseworker provide any case management services or access case information for a case where he/she is related to the child(ren)/youth and/or foster parent.
3. Home Study Process
The person completing the home study shall:
a. Mail or e-mail the Foster Home Reference Letter (F-SS56) to individuals provided as references by the prospective foster parents. Efforts shall be made to contact the applicant(s)’s extended family (i.e., parents, siblings, and other relatives) to assess family relationships and support as well as appropriateness of the applicant(s) to provide foster care.
b. Contact agencies/organizations and obtain references on strengths, areas of concern, and any investigation(s) if a prospective foster parent has applied to be a foster parent and has been a foster parent in another area of the state, in other states or for other agencies
c. Conduct a minimum of three (3) interviews with the applicant(s). Two (2) of the three (3) shall be in their home with all family members present during at least one of the home interviews to assist with making an assessment of family functioning and how foster child(ren)/youth will be accepted in the family including acceptance by other child(ren)/youth in the home, if applicable.
1) Interview each applicant and household member separately.
2) During the interview process, information shall be provided to the applicant(s) to acquaint them with DFS policies, procedures and practices.
d. Assess financial resources and stability to assure the applicant can provide the resources needed to care for foster child(ren)/youth. If not financially stable, explain in the home study how this will be addressed.
e. Assure an on-site inspection using the Foster Home Health and Safety Checklist (F-SS54) has been completed. The form shall be signed by the prospective foster parent(s) and the DFS staff person who conducted the home inspection.
f. A written home study shall be completed utilizing the Family and Home Assessment (F-SS35). The Family and Home Assessment – Questions (F-SS35a) lists standard questions to include in the assessment.
1) Prospective foster parent(s) may view their completed home study; however, the home study is the property of the Department of Family Services and may only be used for DFS purposes. A copy of the home study shall not be provided to the prospective foster parent(s) or other agencies, with the exception of requests made through ICPC.
2) Foster parents shall not be allowed to view or have access to the references.
a) All references are confidential pursuant to the public records act.
b) Information regarding references and background checks shall only list what was completed and whether or not results were favorable or unfavorable.
3) If a prospective foster home is also interested in being considered as a potential adoptive home, the adoption section shall be completed.
g. Review all the information obtained during the home study and application process and make recommendations on whether or not to certify the family.
1) If approval to be a foster and/or adoptive home is recommended, also make recommendations on the:
a) Type(s) of certification;
b) Age(s);
c) Gender(s);
d) Type(s) of child(ren)/youth; and
e) Maximum number of child(ren)/youth.
2) Explain the reason(s) for the recommendation.
3) Submit to the DFS district manager or designee for approval of the home study.
h. Approve or deny the application as specified below in section 7.
4. Types of DFS Foster Home Certification
a. Non-Relative Family Foster Care
b. Relative Family Foster Care – Issued to individual(s) who are related by blood, marriage or adoption to the child(ren)/youth in care and who is/are solely interested in caring for their own relative(s). Foster care maintenance payment rate is the same as for non-relative family foster care.
c. Child Specific Relative Foster Care - Issued to individual(s) who are related by blood, marriage or adoption to the child(ren)/youth in care and who is/are solely interested in caring for their own relative(s) and one or more non-safety waivers 2, limited to items below, have been allowed on a case-by-case basis for the specific relative child(ren)/youth. Foster care maintenance payment rate is the same as for non-relative family foster care.
1) The following certification/recertification requirements may be waived for a foster home certification/recertification when an applicant is related by blood, marriage, or adoption to the child(ren)/youth in DFS custody:
a) CPR/First Aid certification;
b) PRIDE preservice; and/or
c) On-going training requirements
2) The home study (for certification) and/or home study update(s) (for recertification), as applicable, shall indicate which requirement(s) is/are recommended to be waived and the rationale for the request.
3) The DFS district manager shall approve or disapprove any waiver which has been requested.
4) If a waiver is approved by the DFS district manager, the waiver(s) shall be listed on the foster home certificate. The certificate shall also list the specific child(ren)/youth the relative foster home is allowed to care for.
d. Specialized Family Foster Care - Foster parent(s) certified to provide specialized care to child(ren)/youth shall provide additional services to meet a child(ren)/youth’s special needs in accordance with the case plan. The additional services are beyond the standard provision of room and board and parental supervision required for family foster care. The requirements to provide specialized family foster care are:
1) Satisfy all the requirements, standards, and certification procedures of non-relative family foster care.
2) A bachelor’s degree, other professional degree, training, or experience that matches the special needs of the child(ren)/youth.
3) Foster parent(s) shall possess abilities and skills that enable them to work within the community’s human services and educational systems in order to participate in the development and implementation of the treatment plan for the child(ren)/youth.
4) If the foster home is not initially certified to provide specialized foster care document the training and any additional requirements the foster parent(s) meets or has met to be certified to provide specialized foster care and issue a new certificate showing the date the foster parent(s) qualify to provide specialized foster care and expire on the date of the previous certificate. A copy of the new certificate shall be submitted to the IV-E Benefit Specialist.
5) Specialized foster homes are required to obtain 32 hours of training biannually after the first year of certification. (Refer to Policy 2.1.4.3.B.2)
e. Intensive Family Foster Care (IFFC) – Different from specialized foster care as far as the number and variety of therapeutic services provided to the child and foster family. The requirements for IFFC are the same as for specialized foster care with additional requirements as listed below. Receives foster care maintenance payment at a specialized rate.
1) All of the requirements for Specialized Foster Care shall be met;
2) Participate in any additional screenings, assessment or evaluations, as identified by the DFS clinical specialist and DFS foster care coordinator, to assist with determining whether or not the prospective IFFC home has the skills, knowledge, capacity and resources to successfully serve as a IFFC home;
3) Agree to and adhere to the Intensive Family Foster Care Home Acknowledgements and Understanding form (F-SS57c); and
4) The IFFC foster parent(s) shall complete specialized training as identified on the IFFC foster home’s Professional Development Plan/Training Log (F-SS55a). A minimum of 36 hours of training shall be obtained biannually.
5. Foster Home Capacity
a. Adequate space shall be provided for each child(ren)/youth.
b. Foster homes shall be certified for no more than five (5) child(ren)/youth, including a foster parent(s)’ own child(ren)/youth under age 18 years living in the home unless an appropriate exception is granted as set out below. The foster home shall not be certified for more than the number of child(ren)/youth they can reasonably care for. Capacity shall be based on a foster parent’s skills, experience and resources available to care for the child(ren)/youth and based on the best interest of each child(ren)/youth placed in the home.
1) Specialized and IFFC foster homes shall be certified for no more than two (2) foster child(ren)/youth.
2) No more than two (2) child(ren)/youth under the age of two (2) years old shall be placed in the same home.
c. Any exceptions to the capacity limits can only be approved by the DFS district manager.
1) Exceptions may be made when:
a) Increased capacity will allow siblings to remain together;
b) Increased capacity will allow the foster parents to care for a child(ren)/youth they have an established relationship with; and/or
c) The foster parent(s) has shown the ability to parent a large number of child(ren)/youth.
d) The foster parent(s) have special training or skills to provide care to a child(ren)/youth who has a severe disability.
2) In instances where an exception is requested:
a) The DFS foster care coordinator or DFS staff shall provide a written rationale for recommending an exception. He/she shall document the foster parent(s) has the space, vehicle with the required seating capacity, skills, experiences and resources/supports required to care for more than five (5) children and provide a safe, nurturing home while meeting all of the needs for each child(ren)/youth and family member.
b) Documentation of the approval of the exception shall consist of the DFS district manager’s sign-off on the home study or home study update (F-SS55), copy of e-mail and/or signature on foster home certificate and documented in the narrative in the DFS data system Home Study Incident Narrative. If a certificate is being updated, the DFS foster care coordinator shall issue a new certificate with the new effective date and ending with the end date of the current certification.
d. The capacity limit on the certificate may be exceeded for short term placements or respite care, not to exceed 10 days, as approved by the DFS district manager. Otherwise, follow procedures in 5.c. above.
6. Multiple Child Caring Certifications/Licenses
a. Foster parent(s) may be interested in being or are already certified/licensed by other agencies and programs including child placing agencies, therapeutic foster care, child care and/or certified by the Developmental Disabilities Waiver program to provide Residential Habilitation services, in addition to being certified as a DFS foster home. To ensure the safety and well-being of child(ren)/youth placed by the various programs in one (1) home:
1) If certified/licensed by another agency or program, the records of the other agency may be requested to determine if they have met DFS policy requirements. All background check requirements shall be completed per Background Check Policy 2.1.4.6; even if done previously and/or completed by another agency or program.
b. Placements shall be approved and coordinated between the DFS foster care coordinator and corresponding agency or program case manager(s) so foster homes do not exceed DFS capacity and to assure compatibility between child(ren)/youth and the foster family. Confidentiality shall be followed in any communication.
c. Approval to utilize foster homes holding multiple certifications/licenses shall be made at the discretion of the DFS district manager.
7. Approval or denial of application for certification or recertification
When a foster home applicant is approved or denied for certification or recertification, the applicant(s) shall be notified in writing. The reason(s) for the approval or denial shall be documented in the DFS data system Home Study Incident Narrative.
a. Certification responsibilities
1) Approval or denial of prospective foster homes is the responsibility of the DFS district manager where the foster home is located.
2) The DFS foster care coordinator responsible for the area of the state where the prospective foster home/foster parent lives is responsible for certification and recertification of the foster home unless other arrangements are agreed upon by the DFS foster care coordinators and DFS district managers in both districts.
b. Application timelines
1) The DFS foster care coordinator is responsible for tracking and reporting all applications and follow-up data on the DFS approved foster home/inquiry reporting system.
2) In situations where a placement has been made in a non-certified/approved home and the home has applied to provide foster care, a decision on whether or not to certify the home shall be made within 90 days of application. (Refer to Policy 2.1.1 Placement in a Non-Certified Home).
3) All certification requirements shall be completed within six (6) months of the date of application (when no child(ren)/youth have been placed in the home), unless a six (6) month extension has been granted by the DFS district manager. If an extension is approved, the DFS foster care coordinator shall include a copy of the e-mail in the file and document the approval in the DFS data system, Home Study Incident narrative.
4) The DFS foster care coordinator may close an application at the request of the applicant(s) or if the applicant(s) does not follow-through on completing certification or recertification requirements. In these instances, a written denial is not required; however the DFS foster care coordinator shall document the reason for the closure in the DFS data system, Home Study Incident narrative; close the Home Study Incident; and update the Provider Certification Maintenance screen.
c. Approval of Foster Home Application for Certification or Recertification
1) If the applicant(s) is approved, the DFS foster care coordinator shall issue and provide a Notice to Approved Foster Home (F-SS60) and the Certificate of Approval (F-SS60a) to the foster home as follows:
a) Foster homes shall not be certified or recertified until all application or recertification, home visits and written home study requirements are met. For requirements which expire, the requirement shall be current as of the date of the effective date on the certificate. Certificates shall be issued no later than 30 days from the date DFS has all documentation required to issue a certificate.
b) A Foster Home File Certification Checklist – Initial Certification (F-SS58) or Foster Home File Checklist - Recertification (F-SS58b), as applicable, shall be completed and signed by the DFS foster care coordinator and reviewed for compliance by the DFS district manager, or his/her designee, prior to approving a home for certification or recertification. If additional adults live in the home, also complete, review and sign the Foster Home File Checklist - Initial Certification - Attachment for additional adults living in home (F-SS58a) or Foster Home File Checklist - Recertification - Attachment for additional adults in home (F-SS58c), as applicable.
c) The certificate shall name the physical property and person(s) to whom the certificate applies. Only one certificate shall be issued for each address. The certificate is neither transferable nor assignable.
d) Determine the type of certificate and capacity limits.
e) Dates of certificates
i. An initial foster care certificate is effective for one (1) year from the date of the effective date. The effective date shall be the 1st day of the month the applicant(s) has satisfied ALL requirements 3 and shall expire the following year on the last day of the month preceding the month the certificate was issued. The issuance date is the date all certification requirements have been met.
ii. Thereafter, a foster home may be certified for a two (2) year certification period. If all certification requirements are not met before the certificate expires, a new certificate shall be issued with an effective date beginning the 1st day of the month all requirements have been met and shall expire two (2) years later on the last day of the month preceding the month the certificate was issued.
f) Approval of the foster home for certification or recertification is the responsibility of the DFS district manager and the DFS district manager shall sign all approved certificates.
2) The DFS foster care coordinator shall provide a copy of the certificate, and all updates, to the IV-E Benefit Specialist along with results from the Central Registry check(s), the F-SS28(s), and if any records show up on the F-SS28, a copy of the F-SS28c signed by the DFS district manager
d. Denial of Foster Home Application for Certification or Recertification
1) Reasons for denial include, but are not limited to:
a) Applicant(s) have a child(ren)/youth placed in the home and have not followed through on completing certification requirements within the timeframes specified above in section B.7.b..
b) Any disqualifying reason listed in Background Checks Policy (2.1.4.6).
c) Foster parent(s) deliberately furnishes or makes a misleading or false statement or report to DFS.
d) Failure of foster parent(s) to complete all required training.
e) Foster parent(s) refuses to cooperate with DFS during the course of an investigation, assessment review, or approval of the foster home.
f) Observations and information obtained during the application and home study process which indicate applicant(s) may not have sufficient time, resources or personal characteristics needed to provide foster care and assure the safety and well-being of a child(ren)/youth placed in the home or that another individual living in the home could compromise the safety or well-being of a child(ren)/youth. It is not acceptable to certify or recertify homes which are not going to be used because of concerns about the home.
g) Other reasons identified by the DFS foster care coordinator in consultation with and approval of the DFS district manager.
2) The DFS foster care coordinator shall provide the applicant(s) with the Notification of Foster Care Action - Denial (F-SS59).
3) Reapplication process - prospective foster parent(s) may re-apply following a denial:
a) If denial was due to results from background checks, refer to Background Checks Policy (2.1.4.6).
b) If denial was due to other reasons, the prospective foster parent(s) may re-apply after one (1) year. He/she will need to demonstrate that issues which resulted in the denial have been corrected or resolved.
c) The decision to certify a family foster care home following a denial is the responsibility of the DFS district manager.
8. DFS Data System Narrative and Data Entry
The DFS foster care coordinator shall:
a. Enter the application on DFS data system as a Home Study Intake and create a Home Study Incident when an application is received and keep the Home Study Incident updated. Whenever a household member moves into or out of the home, close the current Home Study Incident and open a new one with the updated household composition and reference prior closed Home Study Incidents.
b. Enter the foster home as a Provider when a child is placed in the home and/or when the home is certified, whichever comes first.
c. Enter any narrative in the Home Study Incident Narrative. Do not record information in the Provider Narrative.
1 Social Security Act 471(a)(24); W.S. 14-13-104
2 Social Security Act 471(a)(10)(D)
3 Title IV-E Foster Care Eligibility Review Guide, December 2012, page 54
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Placement POLICY: Family Foster Care On-going Foster Home Certification & Continuous Quality Improvement (CQI) POLICY NUMBER: 2.1.4.3 |
EFFECTIVE DATE: April 2019 | Current: 4/19 Revised: 7/06, 11/07, 9/16, 4/19 Original: 3/03 |
A. PURPOSE
Foster parents who provide foster care for children in the Department of Family Service’s (DFS) custody and receive a foster care maintenance payment are required to maintain their certification pursuant to the following procedures.
B. PROCEDURE
1. Annual Review:
a. The DFS foster care coordinator shall conduct an in-home visit prior to the anniversary date the home was certified each year. Jointly with the foster parent(s), during the home visit, the following shall occur:
1) Complete and sign a Foster Home Health and Safety Checklist (F-SS54);
2) Determine whether the following are current:
-
-
-
- Training requirements
- Contact information
- Foster Home Emergency and Disaster Plan (F-SS54a)
- CPR and first aid certifications
- Driver’s license(s)
- Vehicle insurance
- Pet vaccination(s)
-
-
If requirements are not current or will expire prior to when the foster home certificate expires, develop a plan so all requirements are up-to-date before the certificate expires;
3) Review placements;
4) Determine if capacity limits should change and if the type of certification should change. A new certificate may be issued, as appropriate, following procedures in the Foster Home Application & Certification Process Policy (2.1.4.2); and
5) Mutually assess their strengths and needs. Develop a written plan as appropriate.
b. Enter narrative on the Home Study Incident in the DFS data system to document the annual review was completed and include any needs identified during the visit.
2. Recertification
a. Notification of recertification
1) The DFS foster care coordinator shall send the foster home a Foster Home Application for Recertification (F-SS61a) 90 days prior to the expiration of the foster home certificate and shall schedule an appointment for a home visit to complete the Foster Home Study Update (F-SS55) and the Foster Home Health and Safety Checklist (F-SS54).
2) With the approval of the DFS district manager, a current certificate can be extended for up to 90 days when the foster home has submitted a completed application for recertification to the DFS foster care coordinator prior to the expiration of the current certificate. The DFS foster care coordinator shall document the DFS district manager’s approval in the Home Study Incident Narrative and update the DFS data system Provider Certification Maintenance Screen. The DFS district manager shall issue an extended certificate not to exceed 90 days. No further extension is allowed.
c. Conduct an in-home visit. During the visit the DFS foster care coordinator shall:
1) Complete a home inspection jointly with the foster parent(s) using the Foster Home Health and Safety Checklist (F-SS54).
2) Update the foster home study using the Foster Home Study Update (F-SS55). Follow procedures in the annual review section B.1.a).
3) Verify the foster parent(s) are promoting and protecting the ability of a child(ren)/youth placed in their home to participate in age and developmentally appropriate activities and experiences. Determine whether or not the foster parent(s) has any questions relating to the Reasonable and Prudent Parent Standard and/or if additional training is needed in this area. 1
4) Review the Foster Home Responsibilities (Policy 2.1.4.4) with the foster parents. For each adult household member, obtain new Foster Care Acknowledgement and Understanding form (F-SS57); Statement of Confidentiality and Discipline form (F-SS57a) and Medication Policy form (F-SS57b).
d. The DFS foster care coordinator shall obtain new, completed and signed Application for Child Abuse/Neglect and Adult Central Registry Screens (F-SS26) and Local Law Enforcement Background Check (F-SS32) from all adult members of the household. The DFS foster care coordinator shall send forms to appropriate addresses and review results to assure there is no disqualifying information.
e. The DFS foster care coordinator shall obtain a current copy of the driver’s license for each person in the household transporting foster child(ren)/youth; documentation of vehicle insurance on each vehicle used to transport foster child(ren)/youth; and pet vaccination records (if applicable) if documents contained in the file expire prior to the effective date of the new certificate.
f. The DFS foster care coordinator shall assure all training requirements have been completed:
1) Training hours:
a) No additional training beyond the pre-service training requirements is required for the first recertification, thereafter:
i. Non-relative Family Foster Care and Relative Foster Care (regular) – Minimum of 24 hours are required biannually prior to recertification;
ii. Child Specific Relative Foster Care – As noted in a)i above unless a waiver for training hours has been approved;
iii. Specialized Foster Care – Minimum of 32 hours are required biannually prior to recertification; and
iv. Intensive Family Foster Care – Minimum of 36 hours are required biannually prior to recertification.
b) Training hours completed by each foster parent in the home counts towards the total minimum requirement for recertification; each foster parent shall complete at least half of the total required hours.
2) DFS staff shall provide, or assist in identifying, ongoing training which will assist the foster parent(s) in developing the skills, knowledge and competencies to develop professionally as a foster parent(s) and to assist in meeting the individualized needs of child(ren)/youth placed in the home and enter all training hours in the DFS data system in Provider Maintenance on the Provider Training Maintenance screen.
3) The DFS foster care coordinator shall decide what will apply toward the required training hours and the amount of time each activity is worth. A variety of activities is required to meet the training hours. Examples of methods include, but are not limited to:
a) DVD’s, podcasts, webinars;
b) Books, movies, magazine articles, on-line research which are foster care or adoption related;
c) Completing course(s) on Foster Parent College at www.fosterparentcollege.com. The DFS foster care coordinator may create an account for the foster parent(s);
d) Workshops, training, classes, support groups, conferences, etc. offered by DFS and/or other agencies or organizations that address foster care related topics; and
e) Individualized or group instruction which helps foster parent(s) meet the needs of specific children.
4) Infant/child and adult cardiopulmonary resuscitation (CPR) and first aid. Each prospective foster parent shall provide documentation of current certification issued by the American Red Cross, National Safety Council, American Heart Association or Pro First Aid Online CPR Certification. If one foster parent of a two-foster parent household cannot complete CPR due to health reasons, the foster parent shall submit documentation from a physician stating the reason he/she cannot complete the certification. First Aid and CPR requirements are met for physicians, physician assistants, EMT's, nurses, nurse practitioners, and certified nursing assistants with documentation of current license/certification for their profession. Infant/child and adult cardiopulmonary resuscitation (CPR) and first aid training may count towards continuing education requirements.
5) The DFS foster care coordinator shall document training hours have been completed by obtaining copies of training certificates, if available, and a completed Professional Development Plan/Training Log (F-SS55a) signed by foster parent(s) and DFS foster care coordinator.
g. Once all recertification requirements are met and the home is approved for recertification, the DFS foster care coordinator shall complete a Notice to Approved Foster Home (F-SS60) and Certificate of Approval (F-SS60a) following all procedures in Foster Home Application & Certification Policy (2.1.4.2.B.7.) including forwarding the new certificate and copies of results of the Application for Child Abuse/Neglect and Adult Central Registry Screens (F-SS26) for all adult household members to the IV-E Benefit Specialist.
h. If the decision is made to not recertify the home, follow procedures in Foster Home Application & Certification Policy (2.1.4.2.B.7).
i. Enter narrative on the Home Study Incident Narrative in the DFS data system to document all notes regarding the recertification.
3. Determining whether to complete initial application process or recertification process:
a. A foster home applicant who has never been certified by Wyoming DFS or who was previously certified by Wyoming DFS and the certification ended more than one (1) year prior to the date of application shall complete the initial application process.
b. A foster home applicant who was previously certified by Wyoming DFS and the certification ended less than one (1) year from the date of application shall complete all recertification requirements. Additionally, new fingerprint-based criminal background checks and sex offender checks shall be completed following the procedures in the Background Checks Policy (2.1.4.6)
4. Approval as an adoptive home when foster home study did not approve adoption
a. If a foster home was not previously approved as an adoptive home and is interested in adopting a specific foster child(ren)/youth who is or may become available for adoption, a written adoption addendum to the home study shall be completed detailing any information and training provided to the family preparing them for the adoption of the specific child(ren)/youth. New fingerprint cards shall be completed for all adult household members and results obtained prior to approving the home as an adoptive home or finalizing the adoption 2.
5. Foster Home and/or Child Moves
a. If a foster home moves to another residence in Wyoming:
1) The DFS foster care coordinator which covers the new residence shall complete an in-person inspection of the home completing a Health and Safety Checklist (F-SS54) within thirty (30) days of the move and issue an updated certificate for the new residence using the same certification dates as on the existing certificate.
2) If certified by another DFS foster care coordinator, request file and home study incident be transferred and complete as specified above in 1).
b. If a foster home moves to another state and a child(ren)/youth in DFS custody remains in the home:
1) The receiving state shall approve the home and placement per ICPC (Interstate Compact on the Placement of Children) regulations.
2) The foster home shall comply with all certification or licensing requirements in the receiving state or foster home maintenance payments may be discontinued. The Wyoming certification shall end the date the foster home leaves Wyoming. A new certification status of Pending shall be added to the Provider Maintenance Screen in the DFS data system and they shall show as Pending until they meet all certification or licensing requirements in the receiving state.
c. If a child is placed in a certified foster home in another state through ICPC, the DFS foster care coordinator shall add the Certification status in the Provider Maintenance Screen in the DFS data system once all certification or licensing requirements for the receiving state are met. Place documentation in the foster home file.
6. Revocation of Foster Home Certification
The DFS district manager may recommend revocation of a foster home certification. The decision to revoke a foster home shall be approved by the DFS director.
a. Reasons for revocation include, but are not limited to:
1) Foster parent(s) deliberately furnishes or makes a misleading or false statement or report to DFS;
2) Foster parent(s) fails to maintain standards as required by DFS;
3) Foster parent(s) fails to complete all required training as specified;
4) Foster parent(s) refuses to cooperate with DFS during the course of an investigation, or review of the foster home;
5) Substantiated finding of abuse and/or neglect; or
6) Other reasons identified by DFS district manager.
b. Notice of Revocation
1) The DFS foster care coordinator shall complete and sign the Notification of Foster Care Action - Revocation (SS-59a), provide it to the DFS district manager for his/her signature and then send it to the DFS director for his/her signature.
2) The Notification of Foster Care Action - Revocation (SS-59a) shall be sent by the local DFS office to the foster parent(s) after the approval of the DFS director. The DFS foster care coordinator shall provide a copy to the DFS foster care program analyst.
3) Reapplication Process
a) The decision to certify a family foster care home following a revocation is the responsibility of the DFS district manager and there is no expectation that certification will be granted; and
b) Follow Background Checks Policy (2.1.4.6.B.6).
7. Continuous Quality Improvement
a. The DFS foster care coordinator shall complete and sign a Foster Home File Checklist - Initial Certification (F-SS58) or Foster Home File Checklist - Recertification (F-SS58b) prior to issuing a foster home certificate. If there are more than two adults in the home, the Foster Home File Checklist - Initial Certification - Attachment for additional adults living in home (F-SS58a) or Foster Home File Checklist - Recertification - Attachment for additional adults in home (F-SS58c) shall also be completed and reviewed.
b. The DFS district manager, or his/her designee, shall review the foster home file using the appropriate checklist(s) as indicated above and sign-off in the reviewer section of the checklist prior to the DFS district manager signing the foster home certificate, to assure all certification or recertification requirements have been completed. Files which have been reviewed and findings of the review shall be listed on the Foster Care - File Review CQI google spreadsheet. This data will be used for training and continuous quality improvement purposes.
c. The DFS foster care program analyst shall review a random selection of foster home files from each foster care coordinator each year. The number of files reviewed from each foster care coordinator shall be 10% of all current certifications or five (5) files, whichever is greater. Findings shall be included on the Foster Care - File Review CQI google spreadsheet.
1 Social Security Act 471(a)(24); W.S. 14-13-104
2 Social Security Act 471(a)(20)(A)
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Placement POLICY: Family Foster Care Foster Parent Responsibilities POLICY NUMBER: 2.1.4.4 |
EFFECTIVE DATE: April 2019 | Current: 4/19 Revised: 7/06, 11/07, 9/16, 4/19 Original: 3/03 |
A. PURPOSE
In order for foster parents to provide care for children in the Department of Family Service’s (DFS) custody, there are specific responsibilities they shall adhere to.
B. PROCEDURE – FOSTER PARENT RESPONSIBILITIES
1. Foster parent(s) shall provide child(ren)/youth with safe, nurturing, and secure environments, to include:
a. Assess the needs of the child(ren)/youth and their own strengths and limitations when deciding whether to accept a child(ren)/youth into care.
b. Assist in implementing strategies to prevent placement disruption, recognizing the traumatic impact of placement disruptions on a foster child(ren)/youth and members of the foster family.
1) Recognize his/her own support needs and utilize appropriate supports in providing care for foster child(ren)/youth.
2) Provide DFS with 14 days notice, except in an emergency, of the need to remove a child(ren)/youth from the foster home and work with DFS as requested in preparing the child(ren)/youth for the next placement.
c. Allow DFS staff to visit the foster home and see child(ren)/youth at any reasonable time.
d. Advocate for child(ren)/youth in their care.
e. Protect and adhere to the rights of foster child(ren)/youth as listed in the Rights for Wyoming Foster Youth (F-SS9r).
f. Promote and protect the ability of a child(ren)/youth to participate in age appropriate or developmentally appropriate activities and experiences. 1
g. Follow age and developmentally appropriate methods for disciplining child(ren)/youth in care. Consequences for unacceptable child(ren)/youth behavior shall be timely and geared to teaching appropriate behavior. Failure to use appropriate methods of discipline may result in revocation of the foster home certification. Only certified/approved foster parent(s) and/or approved respite providers shall discipline foster child(ren)/youth.
1) Inappropriate methods of discipline include, but are not limited to:
a) Slapping, spanking, shaking, paddling, belting, biting or kicking;
b) Excessive physical activity (i.e. sit-ups, marching);
c) Deprivation of sleep, food, or drink;
d) Verbal abuse, humiliation, or remarks that belittle or ridicule the child(ren)/youth or his/her family;
e) Any form of corporal punishment; and
f) While physical restraint of a child(ren)/youth may be necessary to prevent physical harm to the child, it shall not be used as a form of punishment and shall only be used in an emergency situation.
2) Threats of withholding family visits shall not be used as a form of discipline.
h. The child(ren)/youth shall take his/her belongings with him/her if he/she leaves the home including those belongings brought to the home and those acquired during the stay in the home. On-going clothing needs are covered through the monthly foster care maintenance payments for the child(ren)/youth.
2. Foster parent(s) shall support relationships between foster child(ren)/youth and their families, including:
a. Work cooperatively with foster child(ren)/youth and his/her family and support the relationship between the foster child(ren)/youth and his/her birth families with respect, dignity, and consideration.
b. Actively help the child(ren)/youth and the child(ren)/youth’s parent(s) meet Family Service Plan goals and objectives.
c. When appropriate, assist in the facilitation of regular visits and on-going contact between the child(ren)/youth, parents and siblings. Contact may be maintained through visits, phone calls, written correspondence, and shared activities.
3. Foster parent(s) shall maintain confidentiality
a. A child(ren)/youth’s record, information concerning a child(ren)/youth or his/her family, and information that may identify a child(ren)/youth or his/her family by name or address is confidential by statute and shall not be disclosed or used other than in the course of official duties.
b. Foster parent(s) shall not post pictures and information regarding child(ren)/youth in foster care on social media and other networking sites, newspapers, newsletters, or any other type of media.
c. All foster parent(s) and their child(ren)/youth shall become familiar with the legal requirements of maintaining confidentiality.
d. Failure to comply with confidentiality may result in the loss of foster home approval and/or criminal prosecution.
4. Foster parent(s) shall work as a member of a professional team, to include:
a. Work cooperatively with child(ren)/youth’s parents, DFS and other organizations and agencies on behalf of foster child(ren)/youth to meet his/her safety, educational, physical health, mental health, permanency and social needs. Openly communicate and share information about the child(ren)/youth as well as his/her adjustment in the foster parent’s home with other members of the treatment team and any subsequent caregivers.
b. Participate in court hearings and meetings regarding the child(ren)/youth including Multidisciplinary Teams (MDT’s), and other planning meetings such as Individual Education Plan (IEP).
5. Professional development for foster families. Foster parent(s) shall:
a. Mutually assess on-going training needs with DFS and take action to meet those needs.
b. Attend and actively participate in foster parent meetings, support groups and trainings. Assist with mentoring, supporting and training other foster parents and DFS staff.
c. Be aware of the benefits of relying on and affiliating with other foster parents and foster parent associations in improving the quality of care and service to foster child(ren)/youth and their families.
6. Child(ren)/youth portfolio. Foster parent(s) shall:
a. Assist DFS in obtaining and maintaining personal information on each child(ren)/youth in care.
b. Provide original records to the DFS caseworker to be shared with parent(s) and maintained in a permanent file for the child(ren)/youth as the records are received with the exception of lifebook/scrapbook type memorabilia. Copies of these records shall follow the child(ren)/youth to any other placement and originals are to be provided to the foster child(ren)/youth or his/her parents when he/she leaves care. Records are to be kept confidential and secured.
c. Refer to Policy Policy 2.4 - Preserving Connections/ (Child/youth Portfolio section) for a list of items contained in the Child/youth Portfolio.
7. The foster parent(s) shall facilitate medical, dental, vision and mental health care by making appointments, coordinating with DFS caseworker and the foster child(ren)/youth’s parent(s). Refer to Medical Care Policy 2.10.
a. Immunizations shall be approved by the parent or DFS (if parent is unavailable). DFS cannot override a parent’s decision on immunization.
b. The foster parent(s) shall maintain and keep the child(ren)/youth’s medical history including accurate written information on each child/youth in their care. The following information shall be provided to the child(ren)/youth’s DFS caseworker on or attached to the Monthly Report Form (F-SS53):
1) Full name of child.
2) Name, address, and phone number of the child(ren)/youth’s medical and mental health providers.
3) Past (if available) and current immunizations.
4) Current medication(s) and dosage.
5) If child is on psychotropic medication(s), also complete and submit a Psychotropic Medication Administration Log (F-SS53a) with the Monthly Report Form (F-SS53).
6) Significant health problems.
7) Emergency medical treatment and intervention received.
8. Medications
The child(ren)/youth’s parent(s) and the DFS caseworker shall be informed and make ALL medical decisions regarding foster child(ren)/youth. Prescription medication shall only be administered under the order of a physician, a nurse practitioner or physician’s assistant. Over-the-counter medication shall be administered only according to the manufacturer’s label. Foster parent(s) do not have the ability to consent to treatment or change medications for a foster child(ren)/youth.
a. Foster parent(s) shall ensure that all medications are stored in a safe place out of the reach of child(ren)/youth and in a locked area.
b. Medication shall bear the original prescription label or a manufacturer’s label if it is an over-the-counter medication.
c. Foster parent(s) who have child(ren)/youth in their home receiving prescription medication shall be provided with the following information:
1) Description of medication;
2) Description of possible side effects of the medication; and
3) Description of any significant changes in the child(ren)/youth’s appearance or behavior that may be related to the use of the medication.
d. If medications are used to help a child(ren)/youth deal with severe anxiety or depression, the foster parent(s) shall monitor the child(ren)/youth’s behavior on a daily basis.
e. If child is on psychotropic medication(s), complete and submit a Psychotropic Medication Administration Log (F-SS53a) with the Monthly Report Form (F-SS53).
f. The DFS caseworker shall be notified of the following incidents:
1) Failure to administer medication as prescribed;
2) Administering the incorrect medication;
3) Administering the correct medication in an incorrect dosage; and
4) Administering the correct medication at the incorrect time.
g. Refusal to administer medications as prescribed by a physician may result in revocation of foster home certification.
9. Family planning/planned parenthood
a. A minor of childbearing age may request family planning services.
b. Family planning services are voluntary. If a youth is requesting family planning services, discuss with the parent and DFS caseworker.
c. If a child(ren)/youth becomes pregnant while in foster care, the foster parent(s) shall notify the DFS caseworker.
10. Foster child(ren)/youth’s biological parent(s) retain the right to determine the child(ren)/youth’s religious affiliation. Foster parent(s) shall allow the foster child(ren)/youth to meet his/her spiritual needs, in cooperation with the foster child(ren)/youth’s parent(s) and provide care and services which are respectful of and responsive to the child(ren)/youth’s culture, traditions, and values. The foster parent(s) shall not coerce child(ren)/youth to engage in religious activity or attempt to convert child(ren)/youth to any religion. Foster parent(s) shall assist in maintaining a child(ren)/youth’s cultural identities when the race or culture of the foster family differs from that of the foster child(ren)/youth.
11. Foster parent(s) shall provide and/or arrange for age and developmentally appropriate guidance, instruction, and opportunities in the following areas:
a. Socialization;
b. Daily living and personal care skills;
c. Ethnic, cultural, and religious activities to develop, explore, and maintain their cultural and ethnic identity and traditions;
d. Education – foster child(ren)/youth shall not be home schooled;
e. Financial literacy and money management skills;
f. Job seeking skills; and
g. Independent living skills.
12. Weapons/firearms
A weapon is any firearm, explosive or incendiary material, or other device, instrument, material or substance, which in the manner it is ordinarily used, or is ordinarily intended to be used, is reasonably capable of producing death or serious bodily injury.
a. Firearms and ammunition shall be stored and locked separately from each other in an area that is inaccessible to child(ren)/youth. With respect to law enforcement personnel who are foster parents or who come into the foster home, provisions shall be made for the safe management of law enforcement personnel's firearms and ammunition.
b. Archery equipment and any other type of weapon shall be handled in the same manner as firearms; and
c. No explosives of any type shall be allowed on the premises.
d. A foster child(ren)/youth on probation and/or an adjudicated delinquent shall abide by the court order or terms and conditions of probation concerning weapons and firearms.
e. A foster child(ren)/youth shall not be allowed to participate in activities with firearms until approved by the parent or DFS (if parent is unavailable) and the child/youth:
1) Successfully completed a course of firearm safety;
2) Obtained a hunter’s safety certificate;
3) Is no longer on probation and/or an adjudicated delinquent, if applicable; and
4) Shall be accompanied and supervised by an adult over 21 years of age in possession of a hunter’s safety certificate.
13. Handling runaway situations
a. If a child(ren)/youth threatens to run away, the foster parent(s) shall immediately notify the DFS caseworker to assist in assessing the child(ren)/youth’s risk for running.
b. If a child(ren)/youth runs away, the foster parent(s) shall immediately notify local law enforcement and the DFS caseworker.
c. When the child(ren)/youth is found by the foster parent(s), he/she shall notify the DFS caseworker immediately.
d. The foster parent(s), DFS caseworker and other team members shall assess the child(ren)/youth’s ability to remain in the foster home.
14. Nutrition
a. Food served by the foster parent(s) shall meet the health and nutritional needs of the child(ren)/youth.
1) Foster parent(s) shall not withhold meals or drink as punishment.
2) Foster child(ren)/youth shall not be forced to eat food.
b. If a foster parent(s) suspects the foster child(ren)/youth has an eating disorder, it shall be reported immediately to the DFS caseworker.
15. Smoke free environments and restriction of tobacco, alcohol and other controlled substances
a. The foster home shall maintain a smoke free environment. There shall be no smoking in any space connected to the home environment, including, but not limited to, the garage, bathroom, or house. Foster parent(s) shall ensure a smoke free environment in all motor vehicles while transporting child(ren)/youth.
b. All forms of tobacco and alcohol shall be stored out of reach of children in a locked or inaccessible area.
c. Foster parent(s) shall not:
1) Use any illegal substances;
2) Abuse alcohol by consuming it in excess amounts;
3) Abuse legal prescription and/or nonprescription drugs by consuming them in excess amounts
or using them contrary to as indicated;
4) Operate a motor vehicle while transporting foster child(ren):
a. If any illegal substances has been consumed, if any alcohol has been consumed; or
b. While taking any legal prescription and/or nonprescription drug that causes impairment.
d. Foster parent(s) shall abide by state statute prohibiting the use of tobacco, alcohol, other controlled or illegal substances or legal prescription and/or nonprescription drugs by child(ren)/youth.
1) If a child(ren)/youth appears to be addicted to tobacco, alcohol, other controlled or illegal substances, legal prescriptions and/or nonprescription drugs, the foster parent(s) shall
inform the DFS caseworker.
2) If a child(ren)/youth appears to be under the influence of or have used tobacco, alcohol,
other controlled or illegal substances, legal prescriptions and/or nonprescription drugs, the foster parent(s) shall inform the DFS caseworker.
e. Foster parent(s) shall prohibit the use of illegal drugs by anyone on the premises, in any vehicle used by foster child(ren)/youth and in the presence of foster child(ren)/youth.
16. Provide transportation to and from appointments and activities
a. Vehicles used to transport child(ren)/youth shall be maintained in safe condition and shall comply with state motor vehicle laws.
b. Only licensed drivers shall be allowed to transport child(ren)/youth in foster care and such drivers shall abide by state motor vehicle laws.
c. The driver and all passengers shall wear seat belts, safety restraints, and/or child safety seats at all times while in the vehicle in accordance with state statute.
d. Liability insurance shall be maintained and documented on each vehicle used for transporting child(ren)/youth in foster care.
e. Medicaid may cover some travel costs when traveling to out-of-town medical providers when the appointment(s) will be covered by Medicaid. The foster parent(s) may ask the DFS caseworker to make a referral to Medicaid for travel assistance prior to travel.
17. The foster parent(s) shall promote and protect the ability of a child(ren)/youth in foster care to participate in age and developmentally appropriate activities using the reasonable and prudent parent standard 2 when determining whether to allow a foster child(ren)/youth placed in the home to participate in extracurricular, enrichment, cultural or social activities.
"Reasonable and prudent parent standard" means careful and sensible parental decisions that maintain the health, safety, well-being and best interests of a child(ren)/youth while encouraging the emotional and developmental growth of the child(ren)/youth.
Subject to section 17.c. child(ren)/youth in an out-of-home placement is entitled to engage in, to the greatest extent possible, age appropriate or developmentally appropriate activities and experiences as she/he would otherwise be able to experience in her/his own home. A child(ren)/youth with a disability or special needs in an out-of-home placement shall have the same access to age appropriate or developmentally appropriate activities and experiences as the child(ren)/youth’s nondisabled peers, even if reasonable accommodations are required.
a. Under the reasonable and prudent parent standard, the foster parent(s) shall give consideration to the following when deciding whether to allow a child/youth to participate in an activity or experience:
1) A parent or custodian’s wishes, when appropriate;
2) The child/youth’s age, maturity and development level to ensure the child/youth's overall health and safety;
3) The potential risk factors and appropriateness of the activity or experience;
4) The best interest of the child/youth based on information known by the caregiver;
5) The child/youth’s wishes;
6) The importance of encouraging the child/youth’s emotional and developmental growth;
7) The importance of supporting the child/youth in developing skills to successfully transition to adulthood;
8) The importance of providing the child/youth with the most family like living experience possible; and
9) Any special needs or accommodations that the child/youth may need to safely participate in the activity or experience.
b. The foster parent(s) may provide or withhold permission for child(ren)/youth in his/her care to participate in and experience age appropriate or developmentally appropriate activities and experiences. The foster parent(s) ability to grant or withhold permission:
1) Shall not override or conflict with a parent’s residual parental rights 3 and duties to make decisions regarding his/her child’s participation in activities and experiences or with rights as determined by court order;
2) Shall be exercised using the reasonable prudent parent standard;
3) Shall not conflict with any applicable court order or the DFS case plan;
4) May be exercised without the prior approval of the department if exercising caregiver authority is consistent with the DFS case plan, and when applicable, treatment plan.
5) The foster parent(s) shall keep the DFS caseworker informed of all travel or activities to ensure there is no conflict with visitation, court or other activities for the child(ren)/youth.
c. Foster parent(s) shall read and/or participate in training which will assist them in making decisions under the Reasonable and Prudent Parent Standard.
d. The requirements listed below shall be followed, applying the Reasonable and Prudent Parent Standard, when the foster parent(s) is making decisions in these areas:
1) Travel/Vacations
a) The foster parent(s) shall obtain prior approval from the DFS caseworker or supervisor when foster child(ren)/youth is traveling out-of-state.
b) The foster parent(s) shall obtain prior approval from the DFS caseworker or supervisor when the foster child(ren)/youth is traveling out-of-county and will be gone for more than two (2) nights.
c) The foster parent(s) shall provide 24-hour prior notification to the DFS caseworker or supervisor when the foster child(ren)/youth is traveling out-of-county.
2) Child(ren)/youth sleepovers
a) The foster parent(s) shall notify the DFS caseworker or supervisor when the foster child(ren)/youth is spending the night with friends.
b) The foster parent(s) shall obtain prior approval from the DFS caseworker or supervisor when the foster child(ren)/youth is spending more than two (2) nights with friends.
c) The foster parent(s) shall provide the DFS caseworker or supervisor with the name(s), address, and phone number(s) where child/youth will be staying.
3) Permission slips
a) The foster parent(s) can sign permission slips following the Reasonable and Prudent Standard.
b) Liability waivers/consent for treatment. The foster parent(s) shall not sign a liability waiver or a consent for treatment for a child(ren)/youth in foster care. These shall be signed by the child(ren)/youth’s parent, or if the parent is not available, the DFS district manager or designee.
18. Respite care
a. All overnight respite care, paid or unpaid, shall be approved by the DFS foster care coordinator in consultation with the child(ren)/youth’s DFS caseworker prior to the use of respite.
b. If the provider is not a certified foster parent:
1) The DFS district manager or his/her designee shall approve the respite care; and
2) A respite payment shall not be made to a non-certified foster parent except with prior approval of the DFS district manager.
c. The foster parent shall provide the respite care provider with a completed Respite Care Information (F-SS49c) form.
19. Alternate care arrangements (not covered by child care benefits or respite)
a. Foster parent(s) may make alternate arrangements for child care for a foster child(ren)/youth that does not involve respite care or a licensed child care provider. This shall be time limited, not to exceed two (2) nights, and only when the foster parent(s) is not asking for financial assistance in paying for child care. In these instances, the foster parent(s) is responsible for any financial costs associated with the care. The foster parent(s) shall notify the DFS caseworker or supervisor whenever alternate arrangements are made.
b. The foster parent(s) shall obtain prior approval from the DFS caseworker or supervisor prior to making alternate arrangements for child care if the arrangement will be more than two (2) nights. The DFS district manager or designee shall determine if background checks need to be completed. The DFS district manager may at any time deny such alternate arrangements if it is determined not to be in the best interest of the child(ren)/youth.
c. The foster parent(s) shall provide the DFS caseworker or supervisor with the name(s), address and phone number(s) where child/youth will be staying.
d. The alternate caregiver(s) shall be provided with a completed Respite Care Information (F-SS49c) form.
20. Employment
Child(ren)/youth in foster care shall receive compensation for work performed. Employment shall be in accordance with federal and state employment laws. Babysitting shall be allowed, using the reasonable and prudent parent standard, based on child(ren)/youth’s maturity level and ability to handle responsibility.
21. Child(ren)/youth’s savings - Child(ren)/youth may accumulate savings. The DFS supervisor or caseworker shall be designated as a co-signer on the child(ren)/youth’s savings account. The DFS caseworker shall provide a copy of savings statements to the child/youth’s DFS IV-E benefit specialist when received. Savings and other resources shall not exceed the eligibility limits for any programs they receive assistance through, such as SSI and Medicaid.
22. Monthly reports
a. Foster parent(s) shall submit a completed Monthly Report Form (F-SS53) to the local DFS office for each child(ren)/youth placed in their home. If the F-SS53 is not fully completed, then payment may be delayed. Reports and invoices, if applicable, shall be submitted after the end of the month that is being invoice. If the placement ends before the end of the month, the invoice may be submitted when the placement ends.
b. If copies of records from health appointments, education meetings attended during the month, bank statements, or other documents have not already been provided to the DFS caseworker, the foster parent(s) shall submit copies with the Monthly Report Form (F-SS53).
c. The foster parent(s) shall document the child(ren)/youth’s participation in age and developmentally appropriate activities on the Monthly Report Form (F-SS53).
23. Emergency and disaster plans - Foster parent(s) shall submit an updated Emergency Contact Information and Disaster Plan (F-SS54a) to the DFS foster care coordinator whenever there are changes to the emergency contact information.
24. Foster parent(s) shall keep informed of and comply with all applicable federal, state, and local laws and regulations in the performance of their foster care duties.
25. Reportable incidents or events regarding child(ren)/youth in foster home
a. Foster parent(s) shall report any suspected child abuse or neglect immediately to DFS or law enforcement, per statute, W.S. 14-3-205.
b. Foster parent(s) shall verbally report any of the following to the DFS caseworker and/or supervisor within 24 hours, followed by submission of a completed and signed Critical Incident Report (F-SS53b) form to the DFS caseworker or supervisor no later than 5:00 pm the following day:
1) Serious illness, dental problems, or injury resulting from an accident.
2) Use of inappropriate discipline.
3) Signs of depression (i.e. changes in eating habits, withdrawal from family and friends, talking about suicide, excessive negative statements about self-worth, self-mutilation, preoccupation with death, and sudden proneness to accidents).
4) Runaway situations.
5) Threats made by child(ren)/youth’s parent(s) or relative(s).
6) Involvement with law enforcement or juvenile authorities by a foster child(ren)/youth, foster parent(s), or anyone else in the household.
7) Truancy or unexcused school absences.
8) Aggressive or assaultive behavior by the foster child(ren)/youth.
9) Abuse of another child/youth by the foster child/youth or abuse of foster child/youth by another child/youth.
10) Illicit drug or alcohol involvement by the foster child(ren)/youth.
11) Active sexual behavior by the foster child(ren)/youth, which may include pregnancy or suspected pregnancy.
12) Body piercing or tattooing of foster child/youth.
13) Any situation the foster parent(s) feels needs to be reported.
14) Any other situation the DFS caseworker may request.
c. Foster parent(s) shall report to the DFS foster care coordinator whenever there are any changes or stressors to family members or the home including, but not limited to:
1) Emergency in the foster family making it impossible for the foster parent(s) to care for the foster child(ren)/youth for a period of time.
2) People moving into or out of the household. Notify the DFS foster care coordinator prior to an individual moving into the home, so that background checks can be completed.
3) Address change(s).
4) Negative financial changes.
5) Structural changes to the home.
6) Serious changes to the mental or physical health of household members.
7) Separation, divorce or marriage.
8) Death of household member.
9) Any incident involving law enforcement by any member of the household.
10) Anything negative that might be reported publicly (i.e. in the news, social media)
11) Other stressors which might or will have a significant impact on the family.
1 W.S. 14-13-104(b)
2 W.S. 14-13-101 – 14-13-104
3 W.S. 14-13-101(a)(vii)
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Placement/Permanency POLICY: Family Foster Care Problem Solving POLICY NUMBER: 2.1.4.5 |
EFFECTIVE DATE: September 2016 | Current: 9/16 Revised: 7/06, 11/07, 9/16 Original: 3/03 |
A. PURPOSE
Foster parent(s) often have situations where problems arise with team members and others involved in the foster child(ren)/youth’s life. These issues shall be addressed and resolved in an appropriate manner.
B. PROCEDURE - PROBLEM SOLVING PROCEDURES FOR FOSTER PARENTS
1. Communicate with the person with whom there is an issue or concern.
2. If the issue or concern cannot be resolved, the foster parent(s) may request a meeting with the DFS caseworker, supervisor and/or the foster care coordinator.
3. If a satisfactory resolution is not reached, the foster parent(s) may request a meeting with the DFS district manager or designee. An in-person meeting shall be held with the DFS district manager or designee as soon as possible but no later than five (5) working days from when the meeting was requested.
4. If a mutually agreed upon resolution is not reached, the DFS district manager or designee shall forward the complaint to the DFS social services administrator and DFS foster care program analyst by the next working day following the in-person meeting. The DFS social services administrator shall review and address the issue as appropriate. The foster parent(s) and DFS district manager shall be notified in writing of the action taken.
5. If the foster parent(s) is not satisfied, the foster parent(s) may forward a copy of their complaint and the written response to the DFS director. The DFS director shall review all the information and provide a written decision to the foster parent(s) and local office.
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Placement POLICY: Family Foster Care Background Checks POLICY NUMBER: 2.1.4.6 |
EFFECTIVE DATE: September 2016 | Current: 9/16 Revised: 2/08, 9/16 Original: 2/08 |
A. PURPOSE
The Department of Family Services is required to complete the following for all adults living in a home which is being considered as a placement option for a child in DFS custody:
1. Child/adult abuse and neglect central registry check(s);
2. Law enforcement background check(s);
3. Fingerprint-based state and national criminal records check(s); and
4. Sex Offender Registries.
Foster, respite or adoptive home applicants shall not be certified if the records checks reveal an adult in the home has been convicted of certain felony or misdemeanor offenses 1.
B. PROCEDURE
1. Checks of Child Abuse/Neglect Central Registries
a. Each adult living in the home shall complete, sign and submit an Application for Child Abuse/Neglect and Adult Central Registry Screens (F-SS26) to the local DFS office.
b. The local office shall mail the original F-SS26 to the DFS central registry specialist at the address on the form. The DFS central registry specialist shall e-mail results of the F-SS26 screen back to the DFS staff person at the local DFS office who made the request.
c. If an adult household member has lived in Wyoming for less than five (5) consecutive years, a child abuse central registry check shall be completed for all states where the adult has lived.
1) The adult(s) shall complete and submit any paperwork required to request the central registry check(s) to the local DFS office.
2) The DFS foster care coordinator shall contact the child abuse central registry in the state(s) where the individual lived and obtain written verification of whether or not the individual appears on their registry.
a) Contact information for child abuse registries can be found at individual state websites. The California Department of Social Services keeps an updated “List of Contacts for Other State’s Child Abuse and Neglect Registries” at: http://ccld.ca.gov/adamwalshi_2609.htm
b) If the state will not waive the fee for conducting the central registry check, send the billing information, mailing address, and all paperwork and items needed to process the central registry request (application packet) to: Office Support Specialist, Financial Services Division, Hathaway Building – Third Floor, Cheyenne, WY 82002. The Office Support Specialist will complete the paperwork needed to generate a payment and shall submit the payment and application packet to the other state for processing.
d. Checks of child abuse/neglect central registries and the results are required prior to the initial certification/approval; prior to each recertification and whenever an adult moves into the household or a household member turns 18.
e. Refer to Section 5 below on whether or not a home can be certified or recertified based on results of the central registry screen(s).
2. Checks of National and State Sex Offender Registries
DFS staff shall conduct a name based check of sex offender registries for every adult living in the home prior to the initial certification or approval and print the screens showing the results of the searches.
a. Searches shall include:
1) The Wyoming State Sex Offender Registry, located at: http://wysors.dci.wyo.gov ;
2) The National Sex Offender Registry, located at: http://www.nsopr.gov/; and,
3) The sex offender registry for every state(s) the adult lived in prior to moving to Wyoming when the adult household member has lived in Wyoming for less than five (5) consecutive years.
b. National and state sex offender check(s) and results are also required for a household member who turns 18 and for adults who move into the household after the initial certification or approval.
c. Refer to Section 5 below on whether or not a home can be certified based on results of the screen(s).
3. Local Law Enforcement Background Check(s)
a. Each adult living in the home shall complete, sign and submit a Local Law Enforcement Background Check (F-SS32) form(s) to the local DFS office so police and sheriff background checks can be completed for the jurisdiction where they live.
b. DFS foster care coordinator shall follow local protocol as to where local background checks are to be submitted for completion to obtain police, sheriff and/or tribal records.
c. Local background check(s) and results are required prior to the initial certification/approval; for a household member who turns 18 and also for new adults who move into the household.
d. If the law enforcement agency refuses to complete the form or provide history or if the form is not returned, notify the district manager. The DFS district manager shall decide whether or not to waive this requirement. The DFS foster care coordinator shall document the decision on the Home Study Incident Narrative in the DFS data system.
e. Refer to Section 5 below on whether or not a home can be certified or recertified based on results of the check(s).
4. State and National Fingerprint-based Criminal Records Checks 2
a. DFS staff shall conduct State and National Fingerprint-based Criminal Records Check for every adult living in the home prior to the initial certification or approval and whenever there is any lapse in foster home certification dates.
b. Each adult living in the home shall complete, sign and submit two (2) blue Federal Bureau Investigation (FBI) National Crime Information Center (NCIC) fingerprint cards to the local DFS office; one (1) card is used to search the FB - NCIC database; the second is used to search for criminal arrest and conviction records in the Wyoming Division of Criminal Investigation (DCI) database as well as those in the Western Identification Network (WIN) which includes seven (7) other states including Alaska, Idaho, Montana, Nevada, Oregon, Utah and Washington. The history check includes all reported felonies, high misdemeanors and other specified misdemeanors, but does not include municipal ordinance violations.
c. Fingerprints are usually taken by a local law enforcement agency following local protocol or arrangements. The law enforcement agency may charge up to $5.00 per fingerprint card. DFS shall pay the costs for fingerprinting.
d. The DFS foster care coordinator shall send the two (2) fingerprint cards and attach a completed Cover Letter for Fingerprint Cards (F-SS28) for each adult living in the home to the address listed on the form. The F-SS28 shall only be returned to the local DFS foster care coordinator.
1) In some instances, the individual may have a disability, may be missing a hand(s) or the skin may be of such condition through age, scaring, injury or occupation that it is impossible to get a classified set of inked impressions.
a) The DFS foster care coordinator shall put a post-it note on the cards explaining why the fingerprints are not readable.
b) A fingerprint examiner at DCI will make the determination whether or not fingerprints are “classifiable.” If they are determined not to be “classifiable”, a name-based criminal record check shall be completed.
i. Name-based checks are not 100% reliable because people can change their name and/or social security number.
ii. Name-based criminal history record information checks shall be limited and for case-specific situations as outlined above.
2) The DFS human resource coordinator shall return the cards to the local DFS foster care coordinator if the fingerprints are unreadable or if a fingerprint based criminal record check cannot be completed. The DFS foster care coordinator shall assure the issue is corrected and resubmit the new card(s) along with the unreadable or problem card(s).
e. Once the results are received from DCI, the DFS human resource coordinator shall:
1) Use Policy 2.1.4.6.B.5 to make an initial determination on whether or not the individual “meets eligibility requirements;”
2) Complete and sign the Cover Letter for Fingerprint Cards (F-SS28); and
3) Scan and e-mail the form back to the DFS foster care coordinator.
f. When a Cover Letter for Fingerprint Cards (F-SS28) is returned marked “May not meet eligibility requirements” or “Does not meet eligibility requirement due to disqualifications found during a background investigation”:
1) The DFS foster care coordinator shall contact the person of record and let him/her know there may be a problem with the background checks. If the person of record wishes to see his/her criminal history record information, he/she needs to e-mail the DFS human resource coordinator requesting his/her criminal history record information. In the e-mail, the person of record needs to provide a phone number where he/she can be contacted and the name of the closest DFS office.
2) The DFS human resource coordinator shall mail the criminal history record information in a double-sealed envelope addressed to the local DFS office. The second sealed envelope shall be addressed to the person of record and have a Release for Copy of Criminal History Record Information to the Person of Record (F-SS29a) attached to the outside of the envelope.
3) The local DFS office shall call the person of record to let him/her know the record is available for pick-up.
4) The record shall only be released to the person of record after he/she shows appropriate identification and completes and signs the Release for Copy of Criminal History Record Information to the Person of Record (F-SS29a).
5) The DFS office shall return the completed Release for Copy of Criminal History Record Information to the Person of Record (F-SS29a) to the DFS human resource coordinator; or if the packet is not picked up within 60 days of receipt at the local DFS office, then the office shall return the packet to the DFS human resource coordinator.
6) If the F-SS29a is marked as “Does not meet eligibility requirements” and the person of record disagrees with what is in the record, he/she is responsible for providing documentation that the information contained in the record is incorrect by contacting the agency(s) which provided the information for the record. He/she should also be referred to Title 28, Code of Federal Regulations (CFR), Section 16.34 for procedures for obtaining a change, correction or updating a criminal history record, if applicable.
7) If the F-SS29a is marked as “May not meet eligibility requirements”, the person of record is responsible for scheduling an appointment and meeting with the DFS district manager if he/she wants the opportunity to discuss the results.
a) During the meeting, the DFS district manager will ask to see the record for discussion purposes. If the person of record does not provide the record, it may limit the ability of the DFS district manager to make a determination on whether or not eligibility requirements are met.
b) The person of record is responsible for providing any documentation the DFS district manager may request to make a determination.
c) Based on the findings of the review, the DFS district manager shall complete and sign the District Manager Review of Criminal History Record Information (F-SS28c), scan and e-mail the F-SS28c to the DFS human resource coordinator and provide the form to the DFS foster care coordinator.
d) If the F-SS28c is checked as “Information contained in the record does not meet any of the disqualifying factors listed above”, the DFS human resource coordinator shall update the Cover Letter for Fingerprint Cards (F-SS28) as “Meets eligibility requirements,” scan and e-mail the form back to the DFS foster care coordinator; otherwise no updates will be made to the F-SS28c.
e) The original F-SS28, and when applicable, updated F-SS28 and F-SS28c shall be included in the foster home/adoption file or child’s placement file if the home is not certified. No criminal history records shall be kept by the DFS office as these records are confidential and cannot be discussed or provided to anyone other than the person of record and only with the appropriate documentation of identity. The record shall be returned to the person of record.
8) For documentation purposes (i.e. in the home study), DFS shall only indicate when the criminal history records checks were completed and whether or not there was any disqualifying information found.
g. National and state fingerprint-based background check(s) are also required for a household member who turns 18 and for adults who move into the household after the initial certification or approval.
h. Refer to Section 5 below on whether or not a home can be certified or recertified based on results of the check(s).
5. Action on Results from Background Checks
a. Under no circumstances shall a home be certified as a foster home or approved to receive an adoption or guardianship subsidy or respite payment if Section 5.a.1), 5.a.2). or 5.a.3) below applies:
1) Any adult living in the home appears on any state’s child or adult abuse/neglect central registry, or equivalent, or on a sex offender registry.
2) It is found that based on background checks an adult living in the household has been convicted of a felony or has a deferred prosecution of a felony involving:
a) Child abuse or neglect;
b) Spousal abuse;
c) A crime against a child or children (including pornography); or
d) A crime involving violence including rape, sexual assault, or homicide, but not including other physical assault or battery.
3) It is found that based on background checks that an adult living in the household has, within the last five (5) years, been convicted of a felony involving:
a) Physical assault;
b) Battery; or
c) An alcohol/drug-related offense.
b. DFS shall determine whether or not to certify/approve a home if it is found that:
1) A child(ren)/youth of any adult living in the home is currently in DFS custody or has been in DFS custody in the past twelve months.
2) Based on background checks it is found that an adult living in the household has, within the last five (5) years, been convicted of a misdemeanor involving:
a) Assault;
b) Battery;
c) Domestic violence
d) Public indecency;
e) An alcohol/drug-related offense; and/or
f) Any other reason that would lead someone to question whether the home can meet the safety and well-being needs of the child(ren)/youth.
c. For documentation purposes (i.e. in the home study), DFS shall only indicate the dates, types of background checks which were completed and whether or not there was any disqualifying information found.
6. Reapplication if Application Denied or Certification Revoked because of Results from Background Checks
a. An individual and/or home shall not be allowed to reapply for certification or approval if the application was denied or certification was revoked due to Section 5.a.1) and the individual(s) still lives in the home unless the individual has been removed from the Central Registry.
b. An individual and/or home shall not be allowed to reapply for certification or approval if the application was denied or certification was revoked due to Section 5.a.2) and the individual(s) still lives in the home and the disqualifying information remains on his/her criminal history record.
c. An individual and/or home may reapply for certification or approval if the application was denied or certification was revoked due to Section 5.a.3) once the individual(s) is/are no longer living in the home or five (5) years have elapsed since the date of the conviction. The applicant shall provide documentation of rehabilitation. Approval or denial is the decision of the DFS district manager.
d. An individual and/or home may reapply for certification or approval if the application was denied or certification was revoked due to Section 5.b once the individual(s) is/are no longer living in the home or one (1) year has elapsed since the denial/revocation. The applicant shall provide documentation of rehabilitation. Approval or denial is the decision of the DFS district manager.
1 Wyoming Statute § 7-19-201; Social Security Act § 471(a)(20)(A)
2 Social Security Act § 471(a)(20)(A)
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Placement POLICY: Family Foster Care Foster Care Rates POLICY NUMBER: 2.1.4.7 |
EFFECTIVE DATE: September 2016 | Current: 9/16 Revised: 7/06, 11/07, 1/13, 9/16 Original: 3/03 |
A. PURPOSE
Foster care maintenance payments are provided to assist with the daily needs of a child(ren)/youth in DFS custody.
B. PROCEDURE
1. Regular Foster Care Maintenance Payments
a. The foster care maintenance payments are based on the U.S. Department of Agriculture (USDA) Expenditures on Children by Families, estimates for raising children. The estimated annual expenditures are based on the age of the child, where they live, and single parent or two parent household and includes housing, food, transportation, clothing, child care costs not covered by any applicable child care subsidy, education and miscellaneous. Miscellaneous expenses include, but are not limited to, personal care items, entertainment and reading materials. 1
b. Foster care maintenance rates are:
Regular Foster Care Maintenance Reimbursement Rates | |
Age | Monthly Amount |
0 - 5 | $645.00 |
6 - 12 | $664.00 |
13+ | $732.00 |
c. The foster care maintenance payment rate shall be reviewed every five (5) years to assure the rates continuing appropriateness 2.
d. Only certified foster homes shall receive a foster care maintenance payment with the exception of homes where a child(ren)/youth was placed as result of an emergency placement and the home has applied to become a foster home and is cooperating with the certification process as specified in policy 2.1.1 – Placement in Non-Certified Home. Any other exceptions shall be approved by the DFS district manager or designee, including the decision to keep child(ren)/youth in a non-certified home and/or continue to make payments to a non-certified home.
2. Specialized Foster Care
a. Specialized foster care is for child(ren)/youth with physical, mental, behavioral and/or developmental needs who can live in a family setting but require a higher level of care and have special treatment needs. The rate is not intended to pay foster parents for services provided, but to assist with compensation of additional expenses because of the child/youth’s special needs.
b. Foster parent(s) are required to have special skills and/or training and be certified as a Specialized Foster Home 3 to receive a specialized foster care maintenance payment if the child(ren)/youth qualifies for a specialized rate. If the foster home is not already certified to provide specialized foster care and the child(ren)/youth qualifies for a specialized rate, the DFS caseworker shall work with the DFS foster care coordinator and foster parent(s) to assist the foster parent(s) in obtaining the appropriate training and foster home certification so they can continue to provide care for the child(ren)/youth.
c. Determining Level of Care and Specialized Foster Care Maintenance Payment
1) The DFS caseworker shall consult with his/her DFS supervisor about the child(ren)/youth’s physical, mental, behavioral and/or developmental needs which may require a higher level of care and have special treatment needs.
2) If the DFS supervisor concurs the child(ren)/youth has special needs and may require specialized foster care, the DFS caseworker and foster parent(s) shall complete the Needs Based Care Assessment for Children in Foster Care - Age One Day through 12 years (F-SS 67) or the Needs Based Care Assessment for Children in Foster Care - Age 13 and Over (F-SS 68).
3) If the Level of Care score is a 2 or 3, the completed form shall be reviewed and approved by the DFS District Manager.
4) If the Level of Care score is 4, the completed form shall be reviewed and approved by the DFS District Manager. The DFS district manager shall send an e-mail the DFS social services division administrator, reporting the Level of Care score and requesting the provider be paid at the level 3 rate until results from an independent assessment are received.
a) The DFS caseworker shall coordinate with the appropriate agency/organization to schedule the assessment.
b) Based on the results of the assessment, the DFS social services division administrator shall notify the DFS district manager of the approved rate and request the amount be added to the provider in the DFS data system.
c) If approved, the DFS caseworker shall change the placement type in the DFS data system to Specialized Foster Care (Relative or Non-Relative) and write a new authorization showing the service type as Specialized Foster Care with the approved rate.
Specialized Foster Care Maintenance Payments | |
Level | Monthly Supplement |
1 | $0 |
2 | $205 |
3 | $260 |
4 | Negotiated |
3. Child Placing Agency (CPA)
For any child/youth placed in a CPA home after February 1, 2008, the CPA shall be paid $300/month for every child/youth as an administrative fee. If the child/youth qualifies for a specialized foster care rate as determined by the Needs Based Care Assessment with a Level of Care score of 2 through 4, a second $300 payment to the CPA is authorized.
2) Assure all authorizations written to the CPA detail all of the services they are to provide to the child/youth, child/youth’s family and foster family based on the specialized needs of the child/youth and foster family. Services the CPA and foster home will provide shall also be included in the Family Service Plan and/or Youth Empowered Success Case Plan. 4
1 Table 2 was used in determining the rates - age ranges were combined and totals were averaged. The report can be found at: http://www.cnpp.usda.gov/sites/default/files/expenditures_on_children_by_families/crc2003.pdf
2 42 USC 671(a)(11); 45 CFR section 1356.21(m)(1); 45 CFR section 1356.60(a)(1) and (c))
3 Foster Care Policy 2.1.4.2
4 Family Service Plan/Youth Empowered Success Case Plan Policy 1.6
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Placement POLICY: Family Foster Care Foster Home Records POLICY NUMBER: 2.1.4.8 |
EFFECTIVE DATE: September 2016 | Current: 9/16 Revised: 7/06, 11/07, 9/16 Original: 3/03 |
A. PURPOSE
The Department shall maintain foster home records for a specified period of time.
B. PROCEDURE – FOSTER HOME RECORDS
1. Foster Home Records
a. A hard-copy foster home file shall be maintained at the local office using the following retention schedule:
1) When the home is not certified and no child placed in the home, maintain records for one (1) year from the date of application, then paper records shall be destroyed. Ensure the reason for not certifying the home has been documented in the DFS data system - Home Study Incident narrative.
2) When a foster home has been certified or a child has been placed in the home, foster home files shall be retained in the local office for a minimum of one (1) year after the most recent certification period has expired.
a) The local DFS office shall follow archiving procedures for foster home files and route case files to Wyoming State Archives at the end of the year.
b) Wyoming State Archives will retain the foster home file for the remainder of the 30 year retention period.
2. File Content
The foster home file shall contain all documentation collected in the process of certifying, recertifying, and maintaining a foster home, including, but not limited to the following information/forms, as applicable:
a. Application(s) to Care for Children (F-SS61);
b. Application(s) for Foster Home Recertification (F-SS61a);
c. Financial Statement (F-SS61b)
d. All references and Reference Letter forms (F-SS56);
e. Results of Application for Child Abuse/Neglect and Adult Central Registry Screens (F-SS26), or other documentation, for each adult household member from Wyoming and any other states the applicant/household member lived in in the five (5) years prior to application;
f. Dated documentation of Local Law Enforcement Background Check (F-SS32) and the results on each adult household member;
g. Fingerprint Card Cover Letter & Results (F-SS28) documenting fingerprinting results on each adult household member in the home at the time of certification for foster homes certified on or after October 1, 2006. Include any District Manager Review of Criminal History Record Information (F-SS28c), and the updated F-SS28, if applicable;
h. Fingerprint results from other states, if applicable;
i. Screen prints of Sex Offender Registry searches – Wyoming, federal, and any other states, if applicable;
j. Foster Home Health and Safety Check(s)(F-SS54);
k. Emergency Contact Information and Disaster Plan (F-SS54a);
l. Statement of Acknowledgement and Understanding (F-SS57);
m. Statement of Confidentiality and Discipline (F-SS57a)
n. Medication Policy (F-SS57b);
o. Intensive Family Foster Care Home Acknowledgements and Understanding form (F-SS57c), if applicable;
p. Verification of each foster parent’s infant/child and adult CPR and First Aid certification;
q. Copy(s) of driver’s license for each household member transporting child(ren)/youth in DFS custody;
r. Copy(s) of vehicle insurance for all household vehicles used to transport child(ren)/youth in DFS custody;
s. Completed, signed, and dated home study;
t. Copies of any screenings, assessments or evaluations completed;
u. Foster Home Study Update (F-SS55);
v. Notice to Approved Foster Home (F-SS60);
w. Certificate of Approval (F-SS60a or F-SS60b);
x. Notification of Foster Care Action – Denial (F-SS59), if applicable;
y. Notification of Foster Care Action – Revocation (F-SS59a), if applicable;
z. Documentation of all training, including Professional Development Plan/Training Log (F-SS55a);
aa. WOLFS form(s);
bb. List of child(ren)/youth cared for by foster parent(s) (i.e. WYCAPS placement screens);
cc. All Foster Home Emergency and Disaster Plan(s) (F-SS54a);
dd. All Foster Home File Checklist(s) (F-SS58, F-SS58a, F-SS58b, F-SS58c);
ee. Critical Incident Report (F-SS53b); and
ff. Any other documentation or paperwork pertaining to the foster home.
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Placement POLICY: Family Foster Care Core Competency Categories of Foster Parents POLICY NUMBER: 2.1.4A – Attachment A |
EFFECTIVE DATE: September 2016 | Current: 9/16 Revised: 7/06, 11/07, 9/16 Original: 3/03 |
CORE COMPETENCY CATEGORIES OF FOSTER PARENTS
The following are competency categories and expectations of all foster parents. For a complete list of competencies, refer to the Child Welfare League of America (CWLA) Parent Resources for Information, Development and Education (PRIDE) Pre-service training manual. No family will have strengths in all areas. Therefore, efforts shall be made to assist foster parents in attaining competency in the following areas:
Competency Category # | Competency Category | Expectation |
I | Protecting and Nurturing Children | Foster parents provide a safe, healthy environment for children, with unconditional positive support. |
II | Meeting Children's Developmental Needs and Addressing Their Developmental Delays |
Foster parents meet the developmental needs of children by supporting cultural and spiritual identity; providing positive guidance; using appropriate disciplines; supporting intellectual/ educational growth; encouraging positive social relationships. |
III | Supporting Relationships Between Children and Their Families | Foster parents support relationships between children and youth, and their primary /birth families. |
IV | Connecting Children to Safe, Nurturing Relationships Intended to Last a Lifetime |
Foster parents promote permanency planning leading first to family relationships intended to last a lifetime. |
V | Working as a Member of a Professional Team | Foster parents participate as essential and effective members of a professional team. |
Agency: | Wyoming Department of Family Services, Social Services Division |
Policy Title: | Diligent Search and Paternity Policy |
Effective Date: | 11/19 |
Revision Date(s): | 9/07; 3/10; 1/13; 1/15; 10/19 |
Approval: | Korin A. Schmidt, Director |
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.
Federal and State Authority:
W.S. 14-3-204(vi), 14-3-208(a)(ii), 14-3-414(c), and 14-6-214(c)
Adoption and Safe Families Act of 1997
The Safe and Timely Interstate Placement of Foster Children Act of 2006 (P.L. 109-239)
Titles IV-B and IV-E of the Social Security Act
Purpose:
The Department of Family Services (Department) shall identify and locate parents and relatives to help manage the safety of the child and to provide a substitute care or permanent resource. Identifying and locating parents and relatives is necessary to develop and maintain family relationships, preserve cultural connections and to gather family information to meet the needs of the child. The Department may identify and locate kin to help provide a substitute care or permanent resource for the child and family.
Definitions:
Absent parent: A legal parent not residing in the home, a legal parent whose location is unknown, or an alleged father whose identity and/or location is unknown.
Diligent search: On-going efforts to identify, locate, and contact absent parents, relatives and kin for the purposes of maintaining the child's important connections, involvement in case planning activities, and/or consideration in determining the most appropriate placement for the child.
Father:
- Legal father: An individual whose name is on the birth certificate, or has an order from a competent court establishing paternity, or has a signed and notarized acknowledgement of paternity.
- Acknowledged father: A man who has signed an acknowledgment of paternity and has filed the acknowledgement with the state office of vital records.
- Adjudicated father: A man who has been adjudicated by a court of competent jurisdiction to be the father of a child.
- Presumed father: A man who was married to the mother of the child on the date the child was born; the man and the mother were married to each other and the child is born within 300 days after divorce/annulment; or the man resided in the same household with the child for the first two years of the child’s life and openly held out the child as his own.
- Non-legal father
- Alleged father: A man who alleges himself to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined.
Kin: Individuals who are unrelated by birth or marriage but have a significant relationship that would take on the characteristics of a family relationship.
Relative: 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).
Policy Statement:
The Department shall search for absent parents and relatives in every case. The Department may search for kin families if it is in the best interest of the child.
Policy:
Absent Parent
The Department shall conduct a diligent search for absent parents as soon as possible, but no later than 30 days of case opening, and monthly thereafter, to involve them in case planning, be a potential placement, and be a permanent connection for the child.
When the child is not in the custody of the Department and the Department determines the child is safe in their home, it is at the discretion of the supervisor whether a diligent search for an absent parent is conducted.
The Department shall make monthly efforts to search for absent parents throughout the life of the case. The Department shall document all diligent search efforts.
The diligent search shall continue until the Department has identified the absent parent, has proof of their legal relationship with the child, and has their current address and phone number.
Once the Department has identified and located the absent parent, the Department shall involve them in the case. If the absent parent is determined to be unfit to safely care for the child, does not want to be a placement option or participate in the case, the Department shall continue to notify them monthly with case decisions and permanency planning.
If the absent parent is interested in being a placement option, they shall be the first placement resource to be explored.
The Department does not need to conduct a diligent search if the following information is in the case file:
- An order from the juvenile court ordering the Department to not conduct a diligent search due to safety concerns for the child;
- A death certificate of the absent parent;
- A signed and notarized relinquishment from the parent; or
- An order terminating the legal parent’s rights to the child.
If a parent objects to a caseworker contacting the absent parent for safety reasons, the district manager shall determine if the contact shall be made. In making this determination, the district manager shall consider the following factors:
- Whether the safety of the child or the parent will be jeopardized due to domestic violence; and
- Whether contacting absent parent is in the best interest of the child.
- If the district manager determines these factors are present, they shall request a court order ceasing the diligent search.
All resources used to identify and locate absent parents are confidential and shall not be shared with family members, court personnel or anyone outside of the Department.
Paternity Determination
When a legal father has been established, the Department shall not conduct or request genetic testing.
Genetic testing does not disestablish legal paternity. Disestablishment of paternity is a private legal issue. The Department cannot disestablish legal paternity.
Relative
The Department shall conduct a diligent search for all relatives as soon as possible, but no later than 30 days of case opening. The Department shall send notice to relatives within 30 days of case opening to identify possible connections and/or placement options. Depending on the relative’s willingness to be involved, the Department may involve them in case planning, consider them to be a potential placement and a permanent connection for the child.
If a relative is not interested in being a placement, the Department shall attempt to obtain information about other relatives who were not previously provided.
- The Department shall determine if ongoing contact between the child(ren) and relative is appropriate.
- If the child’s placement is disrupted, the Department shall make efforts to reconsider all relatives previously contacted or evaluated even if they were not previously considered a placement resource.
If the Department is unable to identify or locate relatives within 30 days, the Department shall continue to make efforts to search for relatives. The Department shall document all diligent search efforts.
If a parent objects to a caseworker contacting a relative for safety reasons, the district manager shall determine if the contact shall be made.
All resources used to identify and locate relatives are confidential and shall not be shared with family members, court personnel or anyone outside of the Department.
Kin
The Department may identify and locate kin in every case when identified by the family as a potential placement or permanent connection for the child.
Policy Review and Training:
Every two years by assigned Social Services Analyst
Procedure Review and Training:
Every two years by assigned Social Services Analyst
Party Responsible for Policy Oversight:
Social Services Analyst
References:
Interstate Compact on the Placement of Children (ICPC)/ Interstate Compact on Adoption and Medical Assistance (ICAMA) Policy
Authority for Placement Policy
Face to Face Policy
Case Plan Policy
Department Glossary
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Placement POLICY: Face-to-Face Contact POLICY NUMBER: 2.3 |
EFFECTIVE DATE: January 14, 2013 | Current: 1/13 Revised: 4/2007, 9/2007, 10/11, 1/13 Original: 4/2005 |
- Purpose
The Department of Family Services (DFS) Caseworker shall conduct a monthly visit with all child(ren)/youth who have an open in-home and/or placement case with the DFS. Monthly face-to-face visits shall occur with child(ren)/youth placed in foster care, whether child(ren)/youth is placed in-state or out-of-state. Face-to-face visits shall occur with all child(ren)/youth placed in facilities in Wyoming and neighboring states (Montana, Idaho, Colorado, Nebraska, Utah and South Dakota) monthly and in non-neighboring states at least quarterly. The DFS Caseworker shall conduct the majority of the visits in the residence of the child(ren)/youth. 1 - Procedure
- The DFS Caseworker shall conduct a monthly face-to-face, in-person visit with the child(ren)/youth, biological parent(s) and/or caregiver(s) to address issues pertaining to safety, permanency and the well-being of the child(ren)/youth, as well as case planning, service delivery and goal achievement. During the visit, the DFS Caseworker shall obtain and/or provide information regarding:
- Safety;
- Physical health;
- Emotional health;
- The family service plan;
- Permanency plans;
- Family contact;
- Behaviors;
- Visits to the doctors and dentists;
- School progress;
- Culture and Ethnicity; and
- Others that may apply:
- Court Reviews
- Court hearings
- IEP meetings
- Medication(s)
- Therapy
- Relationship issues with foster parents, service providers, birth parents, siblings, and significant others; and
- Treatment goals
- In-home case visitation
- In open cases where child(ren)/youth have not been placed out-of-home, the DFS Caseworker shall make, at a minimum, monthly face-to-face visits, with the child(ren)/youth and other family members. The DFS Caseworker shall address the Family Service plan and/or Youth Empowered Success (YES) Case Plan goals as well as all safety issues. In active delinquency and Child in Need of Supervision (CHINS) cases, monthly face to face visits do not need to occur with the siblings of the delinquent or CHINS client. The DFS Caseworker shall request to physically see the child(ren)/youth and have private time with him/her to assess the child/youth’s safety and well-being. The DFS Caseworker shall document in the DFS data system if the private time with the child(ren)/youth was denied or family members were not available.
- Visitation With The Child(ren)/Youth in DFS Custody
- The DFS Caseworker shall physically see the child(ren)/youth in care during the monthly visit and shall include private time to discuss the child(ren)/youth’s safety and well-being.
- Additional contacts with the child(ren)/youth, utilizing home visits, telephone calls, and/or videoconferencing, are encouraged to assist in expediting permanency and achieve Family Service plan and/or YES Case Plan goals.
- Visitation With Biological Parent(s) with Child(ren)/Youth in Placement
- The DFS Caseworker shall have a minimum of monthly face-to-face visit with the biological parent(s) of the child(ren)/youth, preferably in the parent’s home. Visits with parent(s) include, but are not limited to, parent(s) who are incarcerated, in another county or state. Visits may occur through phone contact if the parent(s) does not live in the same community. Visits with the biological parent(s) are not required when the parent’s rights have been terminated.
- If monthly in-person face-to-face contact is not possible due to unusual circumstances, those circumstances shall be documented in the DFS data system and telephone contact shall be made when possible.
- If the DFS Caseworker is unable to locate a biological parent, the DFS Caseworker shall document the search in the DFS data system narrative along with attempts to keep in contact with the parent.
- If a parent refuses to participate in the open case, the DFS Caseworker shall document in the narrative, but attempt to engage the parent monthly.
- Visitation with caregiver(s)/provider(s)
- If the child(ren)/youth is placed out of the care of his biological parents, the DFS Caseworker shall conduct a monthly face-to-face home visit with the foster parent(s), pre-adoptive parent(s), relative caregiver(s) or other caregiver(s).
- If the child(ren)/youth is placed in a residential setting, monthly contact shall occur with facility staff to address issues pertaining to safety, permanency and the well-being of the child(ren)/youth. This contact shall be used to ensure that the transition plan is developed and being followed, verify levels of services required are being implemented, progress is being made on treatment goals, and necessity for continued placement exists.
- ICPC/ICJ/Out-of-state foster care placements
- Monthly telephone contact shall be made by the DFS Caseworker to child(ren)/youth placed out-of-state.
- The DFS Caseworker shall request the receiving state to monitor the child(ren)/youth’s safety, permanency, well-being and placement of the child(ren)/youth placed through the Interstate Compact by conducting a monthly face-to-face visit with the child(ren)/youth and caregiver(s).
- The DFS Caseworker shall make monthly contact with the ICPC/ICJ caseworker to discuss the face-to-face visit and enter the information into the DFS data system as a face-to-face visit.
- Alternate DFS Caseworker
- On occasion, when a face-to-face visit is not possible with the child/youth’s primary DFS Caseworker, an alternate caseworker may be assigned to address the child(ren)/youth’s safety, permanency and well-being to ensure the Family Service plan and/or YES Case Plan goals are being met. Frequent use of alternative caseworkers can diminish the quality of the visit, therefore, the primary DFS Caseworker should attempt to make monthly face to face visits whenever possible.
- The alternate caseworker can be a DFS Caseworker from another county or a courtesy caseworker, or contracted worker for visitation responsibilities for in-state and out-of-state face-to-face monthly visitations. The alternate caseworker must have information regarding the child/youth’s ongoing case plan, the child/youth’s parents or legal guardians, and the child/youth, including any special needs of the child/youth. The alternate caseworker may be included in the child(ren)/youth’s case planning, treatment planning and family meetings to address any and all issues that may need to be discussed during visits.
- The primary DFS Caseworker is responsible for providing a copy of the Family Service Plan and any other information the alternate caseworker needs to be able to assess the child/youth’s safety and well-being and document the visits in the DFS data system.
- The alternate caseworker making the contact is responsible for assessing the safety and well-being of the child(ren)/youth, document the visits on the Monthly Contact Record; and provide a copy of the Monthly Contact Record to the primary DFS Caseworker before the end of the month.
- Documentation of the visit must be provided to the primary DFS Caseworker to be included in the child/youth’s case file and documented in the DFS data system.
- The alternate caseworker can be a DFS Caseworker from another county or a courtesy caseworker, or contracted worker for visitation responsibilities for in-state and out-of-state face-to-face monthly visitations. The alternate caseworker must have information regarding the child/youth’s ongoing case plan, the child/youth’s parents or legal guardians, and the child/youth, including any special needs of the child/youth. The alternate caseworker may be included in the child(ren)/youth’s case planning, treatment planning and family meetings to address any and all issues that may need to be discussed during visits.
- The following steps shall be taken to ensure the child(ren)/youth have had a monthly face-to-face visit:
- The primary DFS Caseworker shall make a request to his/her supervisor;
- The Supervisor shall make a request to the District Manager for approval;
- The District Manager shall request from the alternate county District Manager an alternate caseworker by the 10th of the month.
- The alternate caseworker shall perform the monthly face-to-face contact and the primary DFS Caseworker shall maintain monthly telephone contact with the child(ren)/youth.
- If the primary DFS Caseworker is scheduled to visit the child(ren)/youth during the month and unusual circumstances occur, an alternate caseworker may still be requested applying the same procedures after the 10th day of the month.
- On occasion, when a face-to-face visit is not possible with the child/youth’s primary DFS Caseworker, an alternate caseworker may be assigned to address the child(ren)/youth’s safety, permanency and well-being to ensure the Family Service plan and/or YES Case Plan goals are being met. Frequent use of alternative caseworkers can diminish the quality of the visit, therefore, the primary DFS Caseworker should attempt to make monthly face to face visits whenever possible.
- Documentation/DFS Data System
- When a DFS Caseworker has had a face-to-face discussion with a child(ren)/youth and family, the DFS Caseworker may utilize the Monthly Worker Contact form and place in hard file.
- All contacts must be documented in the DFS data system/Narrative within fourteen (14) days of the contact and shall be a description of the contact. Additionally, the DFS data system documentation shall reflect the type of visit and where it occurred:
- In-person visit(s) with a child(ren)/youth shall be documented as “Face-to-face with child” and the appropriate type of Contact Method selected based on where the visit occurred.
- In-person visit(s) with the parent(s) shall be documented as “Face-to-face with parent” and the appropriate type of Contact Method selected based on where the visit occurred.
- In-person visit(s) with the caregiver(s) shall be documented as “Face-to-face with caregiver” and the appropriate type of Contact Method selected based on where the visit occurred.
- In-person visit(s) by the ICPC or out of state worker shall be documented as “Face-to-face with caseworker” and the applicable form of Contact Method shall be selected based on where the visit occurred.
- The DFS Caseworker shall conduct a monthly face-to-face, in-person visit with the child(ren)/youth, biological parent(s) and/or caregiver(s) to address issues pertaining to safety, permanency and the well-being of the child(ren)/youth, as well as case planning, service delivery and goal achievement. During the visit, the DFS Caseworker shall obtain and/or provide information regarding:
1 Federal Regulations: Child and Family Services Improvement Act of 2006 (P.L. 109-288) at section 424(e) and of the Social Security Act
(the Act).
WYOMING DEPARTMENT OF FAMILY SERVICES |
CHAPTER: Placement POLICY: Preserving Connections POLICY NUMBER: 2.4 |
EFFECTIVE DATE: September 28, 2015 | Current: 9/15 Revised: 2/1/12, 4/3/09, 1/31/12, 1/13, 1/15, 9/15 Original: 4/3/09 |
- Purpose
To help preserve the continuity of family relationships and connections for child(ren)/youth and families who are involved with Department of Family Services (DFS).[1] The most beneficial place for a child(ren)/youth to grow up is in his/her own family. DFS seeks to ensure that all children/youth are provided a safe, nurturing, and permanent family environment and community and when the child(ren)/youth is placed out of the home, ensure the child(ren)/youth maintains connections to both.Child(ren)/youth have a right to a lifelong relationship with his/her parent(s). Some of the parents with whom DFS works are incarcerated in jails or prisons. Unless parental right have been terminated or otherwise ordered by the court, DFS shall make reasonable effort to reunify child(ren)/youth with his/her parent(s); engage parent(s) in planning for his/her child(ren)/youth; help child(ren)/youth maintain contact with his/her parent(s); and provide services to parent(s) regardless of his/her incarceration.
- Procedure
- When appropriate and safe for the child(ren)/youth and family, efforts shall be made to help the child(ren)/youth preserve connections with significant people in his/her life. These connections include, but are not limited to:
- Parents, including those who may be incarcerated;
- Siblings and parents of a sibling of the child, where such parent has legal custody of such sibling; [2]
- School staff;
- Foster families/caregivers;
- Friends;
- Relatives (immediate and extended family);
- Non-traditional “family” (neighbors, close family friends, godparents); and/or
- Culture, community, religion.
- Whenever possible, a child(ren)/youth shall be placed in close proximity to his/her parent(s).
- Reasonable efforts shall be made to place siblings together unless it is contrary to their safety or well-being. These efforts and/or safety or well-being concerns shall be documented in the case file.
- If siblings are not placed together, frequent visitation or other ongoing interaction between the siblings shall be provided unless documented that it is contrary to the safety or well-being of the siblings.
- If appropriate and possible, siblings who are initially placed separately shall be reunited.
- 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.
- Visitation, preferably in person, communication, and positive relationships shall be encouraged with family and other important people to the child(ren)/youth, including incarcerated parent(s) (i.e. in person, by phone, video conference, letters, pictures).
- When extended family is not an acceptable or a safe placement option, the DFS Caseworker shall encourage visitation and/or communication with them when it is appropriate and safe to do so.
- The DFS Caseworker shall encourage family, including foster family, biological family, and extended family, to keep or contribute to a life book/scrap book of memories and documentation for the child(ren)/youth.
- The DFS Caseworker shall keep child(ren)/youth in a consistent school placement or daycare setting and avoid school or daycare changes. Encourage the child(ren)/youth to stay involved with his/her extracurricular activities or engage them in new activities to help build peer support and friendships.
- The DFS Caseworker shall encourage foster parent(s) and/or family members to help child(ren)/youth maintain a connection to his/her language and culture of origin.
- Diligent search shall be completed to locate and involve noncustodial/absent parent(s),relative(s)/kin, and parents of a sibling of the child, where such parent has legal custody of such sibling. [3]
- The DFS Caseworker shall comply with Indian Child Welfare Act (ICWA) guidelines in order to ensure the child(ren)/youth maintains a connection with his/her identified tribe.[4]
- The DFS Caseworker shall comply with the Multi-Ethnic/Interethnic Adoption Provisions Act.[5]
- Incarcerated Parent(s). In cases where the parent(s) are incarcerated and the DFS Caseworker is able to locate the incarcerated parent(s),[6] the DFS Caseworker, in addition to those items listed above, shall:
- Visit the parent(s), send a letter, and/or make a call to the incarcerated parent(s) informing him/her of the situation and ask for his/her involvement.
- Contact the prison/jail where the incarcerated parent(s) is located and talk with his/her case manager.
- Determine the best way to communicate;
- Determine the types of programs, services and/or classes that are available at the prison/jail; and
- Obtain available information on the offense/crime and length of sentence and possible amount of time to be served. This may help in the case planning and permanency planning process.
- Set up a meeting or conference call with the incarcerated parent(s).
- Discuss the presenting problem and determine his/her interest in the child(ren)/youth’s life and whether or not he/she is willing to be involved in the case.
- As long as the parental rights are intact, the DFS Caseworker shall still be responsible for keeping the parent(s) informed of meetings, hearings, how his/her child(ren)/youth is doing, and any important events, even if the parent(s) is not interested in being involved.
- Gather what information he/she can contribute regarding the family history.
- Work with the parent(s) to identify relative(s)/kin.
- Discuss the presenting problem and determine his/her interest in the child(ren)/youth’s life and whether or not he/she is willing to be involved in the case.
- Work with the incarcerated parent(s) to develop a Family Service Plan and/or a Youth Empowered Success (YES) Case Plan.
-
- If the goal of the incarcerated parent(s) is to reunify with the child(ren)/youth, the DFS Caseworker shall include goals and tasks in the Family Service Plan and/or YES Case Plan which will address the needs of the incarcerated parent(s), child(ren)/youth, and family.
- The DFS Caseworker shall discuss permanency options, which include concurrent planning options, with the incarcerated parent(s) in order to ensure the best plan for the child(ren)/youth and family is put in place.
- Since the incarcerated parent(s) is in an environment which does not enable him/her to be involved with some of the community and family activities, it is important to be creative in making the Family Service Plan and/or YES Case Plan meaningful.
-
- Notify the incarcerated parent(s) of court hearings, Multi-Disciplinary Team (MDT) meetings, and family meetings. If the incarcerated parent(s) is able to attend by phone, the DFS Caseworker shall work with the prison/jail case manager and the court in order to facilitate the meeting.
- Maintain monthly face-to-face contact with the incarcerated parent(s) as long as parental rights are in place. This contact shall include updates on how the child(ren)/youth is doing, reviews of the Family Service Plan and/or YES Case Plan, providing support, transition planning, and involvement in meetings. If the incarcerated parent(s) is out of the county in which the DFS Caseworker is located, necessary meetings, contacts, and visits may be made by phone.
- Make arrangements for a method of receiving periodic progress reports from the prison/jail case manager in order to keep the DFS Caseworker up-to-date and include in the case record.
- Consult with his/her Supervisor and the District/County Attorney on each case in order to determine the best plan.
- Document all contacts and reasonable efforts made with the incarcerated parent(s) in the DFS data system.
- Child/youth Portfolio. The Department of Family Services shall provide the youth, if 18 years old or older, or the child(ren)/youth’s custodian, if younger than 18, with original documents (photocopies when originals are not available) when the child(ren)/youth leaves care. When applicable, the following information shall be included in the portfolio:
- Certified birth certificate;
- Identification card and/or driver’s license; [7]
- Placement history: names, addresses and dates of each out-of-home placement to give a complete and continuous record of where the child(ren)/youth has lived;
- A brief summary of how, when, and why the child(ren)/youth first came into foster care, and why he or she is there now;
- A relevant court order that indicates that DFS had custody of youth through his/her 18th birthday or a court document indicating an adoption or guardianship was established after age 16 years;
- School history: names, addresses and dates of attendance at all schools, report cards, awards, class pictures, and any other school information or mementos;
- Medical records: health history and names of physicians, dentists, psychologists, therapists and other medical, dental or mental health professionals who have provided services to the child(ren)/youth. Also include any health care related documents received while the child(ren)/youth has been in care (immunization records, illnesses, chronic medical or dental problems, accidents or injuries, and surgeries);
- Family health history: information regarding biological parents and siblings, and significant genetically transmitted tendencies for illness, and birth defects;
- Social Security and other benefits: Social Security card, information on benefits available through parent(s)' accounts, veterans' benefit status, insurance benefits from parent(s) (life and/or health), tribal benefits for Indian youth, or other special resources;
- Personal mementos: pictures, letters, baptismal certificate, awards and other mementos from case files or foster parents, including family members' names and locations;
- Work history: resume or jobs held and vocational training received;
- Change of address card;
- Credit Reports (if applicable) for youth age 14 years or older; [8]
- Proof of tribal registration and membership; and/or
- Life book(s).
- In many instances, the foster parent(s) will take the lead in putting together the personal information packet (personal mementos) receiving assistance of the DFS caseworker (legal and medical information). In some instances, it is appropriate for the foster parent(s) to maintain a copy of the packet. The copy shall follow the child(ren)/youth throughout their stay in out-of-home care.
- If the youth is working with a Transitional Living Provider, he/she may also assist the youth in preparing a packet.
- When appropriate and safe for the child(ren)/youth and family, efforts shall be made to help the child(ren)/youth preserve connections with significant people in his/her life. These connections include, but are not limited to:
- Fostering Connections to Success and Increasing Adoptions Act 2008 (HR6893); Promoting Safe and Stable Families, Title IV-B; Child and Family Services Improvement and Innovation Act (2011); and, W.S. Title 14. ↑
- Social Security Act (Section 471(a)(29) ↑
- Diligent Search policy 2.2 ↑
- ICWA Policy 2.6 ↑
- Multi-Ethnic Placement Act (MEPA) October 1994; amended by the Interethnic Adoption Provisions (IEAP) 1996 ↑
- Locator database systems: http://www.inmatesplus.com and http://www.bop.gov/iloc2/LocateInmate.jsp ↑
- Preventing Sex Trafficking and Strengthening Families Act ↑
- Preventing Sex Trafficking and Strengthening Families Act ↑
WYOMING DEPARTMENT OF FAMILY SERVICES |
CHAPTER: Funding POLICY: Financing Out-of-Home Care POLICY NUMBER: 2.5 |
EFFECTIVE DATE: January 14, 2013 | Current: 1/13 Revised: 7/06, 11/11, 1/13 Original: 4/99 |
- 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] - Procedures
- Description of Payments for Placement Services
- 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.
- 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]
- 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:- 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.
- Licensed Child Placing Agency. Rates vary and shall be negotiated with and approved by the state DFS, FSD.
- 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]
- 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.
- 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.
- 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.
- 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.
- 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).
- Clothing Expenses
- Clothing shall be provided by parent(s) when possible.
- 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.
- The District Manager shall approve any emergency exception to this policy (i.e. clothing stolen, destroyed by fire).
- Respite Service for Certified Foster Care and Approved Relative Care
- 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:
- 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;
- In order to qualify for respite services the following applies:
- The payment for respite care shall not affect the regular income maintenance payments of the regular or respite provider(s).
- 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;
- 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.
- 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.
- Respite cannot occur and be paid for unless the DFS caseworker has been notified of the respite situation prior to it occurring.
- Coordination with Schools for Placements
- 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]
- 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.
- Income of Children in Care. Child(ren)/youth may accumulate savings to a maximum of $2,000. [7]
- Description of Payments for Placement Services
- W.S. 14-3-208; 14-6-209; 14-6-409 ↑
- Please see Child Support Policy for further guidance. ↑
- Title IV-E Plan ↑
- Authority for Placement and Placement Process Policy 2.1 and Specialized Foster Care Policy 2.1.4 ↑
- Foster Care manual/Foster Parent Responsibilities ↑
- Fostering Connections to Success and Increasing Adoptions Act 2008 (HR 6893) 42 United States Code § 675(5) ↑
- SSI Beneficiaries must not have resources worth more than $2,000. www.socialsecurity.gov ↑
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Funding POLICY: Child Support for Child in Out-of-Home Care POLICY NUMBER: 2.5.1 |
EFFECTIVE DATE: January 14, 2013 | Current: 1/13 Revised: 2/08, 3/12, 1/13 Original: 12/02 |
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 DEPARTMENT OF FAMILY SERVICES |
CHAPTER: Placement POLICY: Indian Child Welfare Act (ICWA) POLICY NUMBER: 2.6 |
EFFECTIVE DATE: January 15, 2017 | Update: 1/17 Revised: 1/00; 6/07, 1/13, 1/16, 1/17 Original: 6/1998 |
- Purpose
The Indian Child Welfare Act (ICWA) [1] of 1978, P.L. 95-608, is a federal law which regulates placement proceedings involving Indian child(ren)/youth. It mandates preventive services before removal to protect the best interests of Indian child(ren)/youth and to promote the stability and security of Indian families and tribes. The Department of Family Services (DFS) shall comply with all mandates of the federal Indian Child Welfare Act, which includes preventing the unnecessary and arbitrary removal of Indian child(ren)/youth from his/her families and tribes; placing an Indian child(ren)/youth who must be removed in an available and safe home that reflects the unique values of Native American culture; and adheres to the placement requirements of the Indian Child Welfare Act. - Procedure
- Identification of Indian child(ren)/youth and his/her family and tribe:
- DFS Caseworker shall ask if the child(ren)/youth has any Indian heritage during the initial contact with the parent or custodian of the child(ren)/youth.
- DFS Caseworker shall make reasonable efforts to determine the identity and location of the child(ren)/youth's Indian parent(s), custodians, and tribe whenever DFS knows or has reason to believe a child(ren)/youth has Indian heritage.
- If the ICWA status has not been determined, but DFS has reason to know that the child(ren) maybe Indian, then DFS is required to treat the child(ren) as an Indian child. DFS shall continue to inquire as to tribal heritage and request information which may lead to a determination that ICWA applies to the proceeding.
- The DFS Caseworker shall make active efforts, meaning affirmative, active, thorough, and timely efforts intended primarily to maintain or reunite an Indian child(ren) with his/her family. [2]
- If a child(ren)/youth is removed from his/her home and placed in DFS custody, the DFS Caseworker shall identify whether or not the child(ren)/youth is an Indian Child as defined as “any unmarried person who is under age eighteen and is either (A) a member of an Indian tribe or (B) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.”[3]
- ICWA applies in the following types of court proceedings involving out-of-home placement.
- Child protection;
- Child in Need of Supervision (CHINS);
- Guardianship;
- Adoption; and
- Any type of case involving termination of parental rights, regardless of the type of case, and any case where the permanency plan is not reunification, which may include Juvenile Delinquency cases.
- Under ICWA, child custody proceedings and foster care placements do not include a placement based on an act which, if committed by an adult, would be deemed a crime. ICWA does not apply to a proceeding regarding a criminal act that is not a status offense. (ICWA does apply to proceedings involving status offenses or any type of proceeding if any part of those proceedings results in the need for placement of the child in a pre-guardianship, guardianship, pre-adoptive or adoptive placement or termination of parental rights).
- ICWA applies in the following types of court proceedings involving out-of-home placement.
- The DFS Caseworker shall ensure when an Indian child(ren)/youth is placed out of the home, the placement reflects the unique values of the child(ren)/youth’s Indian culture. Special preference shall be made to place the Indian child(ren)/youth in accordance with the ICWA placement preferences[4]:
- A member of the child(ren)/youth’s extended family;
- A foster home licensed, approved, or specified by the Indian child(ren)/youth’s tribe;
- An Indian foster home licensed or approved by an authorized non-Indian licensing or certifying authority;
- An institution for children approved by an Indian Tribe or operated by and Indian organization who has a program suitable to meet the Indian child’s needs;
- Other members of the Indian child(ren)/youth’s tribe;
- Other Indian families; or,
- A non-Indian foster family when an Indian family is not available and diligent efforts have been made to locate an Indian family.
- The child(ren)/youth’s Indian tribe has a discrete interest, separate from a parent(s)’ interest, in any proceeding involving the child(ren)/youth and that interest shall be protected throughout the child custody proceeding. The child(ren)/youth’s Indian tribe has the right to intervene at any point and absent good cause to the contrary, or objection by the parent(s), may receive a transfer of jurisdiction of the case to the appropriate tribal court.
- Transfer of proceedings shall occur according to jurisdictional order(s) issued by state and tribal courts.
- Notice Requirements
- The DFS Caseworker shall make phone contact to the appropriate representative of the tribe as listed in the Federal Register[5], if known, within 48 hours of the Indian child(ren)/youth being taken into protective custody, or the DFS Caseworker learning of the child(ren)/youth’s Indian heritage, whichever is sooner.
- DFS Caseworker shall ensure written notification is provided to the Indian parent(s), custodian(s), and tribe of the pending proceedings and of their right to intervene by providing information for the notification to the district/county attorney. If the district/county attorney does not provide notification, then the DFS Caseworker shall provide direct notification.
- Written notification shall be made by certified or registered mail with a return receipt requested. If notification is made by DFS, the notification shall be made using form F-SS19 Notice of Right to Intervene. (The DFS Caseworker may use the Notice of Right to Intervene cover Letter (F-SS19a) with the Notice of Right to Intervene form). When the return receipt (green card) is received by the DFS caseworker, he or she shall file the original or make arrangements to have the original filed in the juvenile court proceeding, and keep a copy in the DFS case file.
- Notice shall be made by certified or registered mail concurrently with verbal notice and no later than 48 hours to:
- The tribe (if known); and,
- Parent(s) or Indian custodian; and,
- Appropriate Bureau of Indian Affairs (BIA) Area Director.[6]
- The DFS Caseworker shall contact both the ICWA Director and the child protection unit of the appropriate Eastern Shoshone and/or Northern Arapaho Department of Family Services Office if the child(ren)/youth is enrolled or eligible for enrollment in one or both tribes. Following is a list of addresses for ICWA notification of tribes located in Wyoming:
- Eastern Shoshone Tribe of the Wind River Reservation, ICWA Coordinator
P.O. Box 945
Ft. Washakie, WY 82514
Telephone: (307) 332-6591 or (307) 332-2669
FAX (307) 332-6593; or - Northern Arapaho Tribe of the Wind River Reservation, Chairman
P.O. Box 396
Ft Washakie, WY, 82514
Telephone: (307) 332-6120
FAX (307) 332-7543 - Bureau of Indian Affairs, Director - Rocky Mountain Regional Office
2012 4th Avenue North
Billings, Montana 59105
Telephone: (406) 247-7943
FAX: (406) 247-7976
- Eastern Shoshone Tribe of the Wind River Reservation, ICWA Coordinator
- ICWA requires notice be provided to the Tribe for every proceeding by the person prosecuting the action, however, providing the Tribe notice does not automatically equal formal intervention into the proceedings by the Tribe.
- Once the Tribe has received notice of the proceedings, the Tribe has the right to ask, through a written motion or verbal request made in open court, that the court allow the Tribe to intervene in the court proceedings.
- Once the court grants the Tribe’s request to intervene, the Tribe becomes a party to the proceedings.
- Until the court grants the Tribe’s request to intervene, the Tribe is not a party to the case and juvenile court confidentiality shall be preserved. The DFS Caseworker shall not share confidential information with the Tribes.
- The Tribe does not have a specific time period in which to intervene and can intervene at any time. The parent(s), agency, child(ren) and court cannot prevent such intervention.
- ICWA continues to apply even if the Tribe does not appear or is not involved in the court proceedings.
- Once the Tribe has received notice of the proceedings, the Tribe has the right to ask, through a written motion or verbal request made in open court, that the court allow the Tribe to intervene in the court proceedings.
- The DFS caseworker shall be prepared for the court to review DFS actions to ensure:
- Indian heritage was identified.
- The tribe was notified of its right to intervene.
- The DFS Caseworker has made active efforts to prevent placement or reunify. The court will hear testimony from a “qualified expert,” which can not be the regularly assigned DFS Caseworker, to determine whether the child(ren)/youth is/was likely to suffer emotional or physical harm if left at home or returned to the home.[7]
- The DFS Caseworker has considered and given preference to place the child(ren)/youth with extended family members, an approved tribal home, Indian foster home, or Indian-approved institution as noted above.
- Voluntary consents for foster care or relinquishments shall be in writing and recorded before a court of competent jurisdiction and certified by the judge of the court.[8]
- Identification of Indian child(ren)/youth and his/her family and tribe:
- 25 U.S.C. Section 1901 et seq. ↑
- 25 CFR Section 23.2 ↑
- 25 U.S.C. Section 1903 ↑
- 25 U.S.C. Section 1915(c). An individual Tribe may establish a different order of preference, and if that occurs, that order of preference shall be followed. ↑
- www.bia.gov/DocumentLibrary/ *FR Notice - Indian Child Welfare Act; Designated Tribal Agents for Services of Notice) ↑
- Link to interactive map of BIA Regional Offices: http://www.bia.gov/groups/webteam/documents/interactiveresource/idc-002651.swf ↑
- 25 CFR Section 23.122 The Bureau of Indian Affairs (BIA) can assist in identifying “qualified experts.” ↑
- Contact the Wyoming Attorney General’s Office for assistance. ↑
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Placement POLICY: Interstate Compact on the Placement of Child(ren)/Youth (ICPC) & Interstate Compact on Adoption and Medical Assistance (ICAMA) POLICY NUMBER: 2.7 |
EFFECTIVE DATE: January 14, 2013 | Current: 1/13 Revised: 8/07, 10/11, 1/13 Original: 6/99 |
A. PURPOSE
The Interstate Compact on the Placement of Child(ren)/Youth (ICPC) is a means for providing protection of and service to child(ren)/youth placed across state lines. The ICPC has been adopted by every state to establish orderly procedures for placement of minors and to fix responsibility for those involved in that placement. Wyoming enacted legislation in 1965. 1 and became a member state shortly thereafter. ICPC is an agreement among all the states which provides a process to move child(ren)/youth across state lines for the purposes of foster care and/or adoption while protecting his/her safety. It is also used to place child(ren)/youth into Residential Treatment Centers.
The Safe and Timely Interstate Placement of Foster Child(ren)/Youth Act of 2006 (P.L. 109-239) became effective October 1, 2006 federally and in the State of Wyoming. The law amends Titles IV-B and IV-E of the Social Security Act, encourages States to improve protections for child(ren)/youth and holds them accountable for the safe and timely placement of child(ren)/youth across state lines.
Interstate Compact on Adoption and Medical Assistance (ICAMA) - was established to ensure that adopted child(ren)/youth subject to an adoption subsidy agreement moving across state lines receive medical and other services.
B. PROCEDURES
1. Types of Placement
a. The types of placements covered under the ICPC are:
1) Foster family homes;
2) Residential Treatment Centers;
3) Placements preliminary to a possible adoption;
4) Boarding homes;
5) Child(ren)/youth caring agencies and institutions; and
6)Other placements that are for the safety and protection of the child(ren)/youth.
b. Placements not covered under the ICPC are:
1) Institutions caring for the mentally ill, developmentally disabled or epileptic;
2) Institutions primarily educational in character;
3) Hospitals and medical facilities; and
4) Relatives placing a child(ren)/youth with any relative/kin or non-agency guardian.
2. Initiating the ICPC Process
a. When a child(ren)/youth is in the Department of Family Services (DFS) custody or under the jurisdiction of the court, the following information packet shall be submitted by the DFS Caseworker to the Deputy Compact Administrator within the DFS State Office.
(The DFS Caseworker shall use the “ICPC Sending State Guide (ICPC 100-G)”, as a checklist for the packet and ensure all necessary items are enclosed prior to sending to the State Office. Packets that do not include necessary information may be returned to the DFS Caseworker and will not be processed, which may delay placement.)
1) The typed, completed ICPC 100-A (ICPC files are maintained under the child(ren)/youth's name and date of birth);
a) Ensure that the form is completely and accurately filled out (the DFS Caseworker’s signature is on the form, and that the DFS Caseworker has checked the appropriate boxes pertaining to current legal status and services requested).
b) Complete a separate ICPC 100-A for each child(ren)/youth included in the request.
2) Three (3) copies of the court order showing the DFS Caseworker has custody or jurisdiction over the child(ren)/youth;
3) Three (3) copies of a social history or predisposition report (PDR) and any other information of help to the receiving state in determining the needs of the child(ren)/youth (i.e. IEP, school records, evaluations);
4) Three (3) copies of a signed cover letter or the ICPC 100-S from the assigned sending agency case manager stating what the DFS Caseworker is requesting and providing a brief summary of the case. The following shall also be included in the signed cover letter:
a) Confirmation that the potential placement resource is interested in being a placement resource for the child/youth and is willing to cooperate with the ICPC process.
b) The name and correct physical and mailing address of the placement resource and all available telephone numbers and other contact information for the potential placement resource.
c) Description of the number and type of bedrooms in the home of the placement resource to accommodate the child/youth under consideration and the number of people, including child(ren)/youth, who will be residing in the home.
d) Confirmation of the potential placement resource acknowledges that he/she has sufficient financial resources or will access financial resources to feed, clothe and care for the child/youth, including child care, if needed.
e) Confirmation that the placement resource acknowledges that a criminal records and child abuse and neglect history check will be completed on any persons residing in the home required to be screened under the law of the receiving state.
5) Three (3) copies of the Financial/Medical Plan (ICPC 100-F). There shall be one (1) for each child/youth. This shall include whether the child/youth is Title IV-E eligible, State Medicaid eligible, or neither. It shall also include the means by which the sending state plans to provide for the medical needs of the child/youth in the receiving state. It should be noted most states will not begin the home study process unless a financial and medical plan is provided by the sending state. In addition to the medical plan, outlining the Medicaid eligibility, the sending state shall explain the financial plan for the child/youth;
6) Three (3) copies of the child/youth’s birth certificate and social security card (once available);
7) Three (3) copies of the current Family Service Plan and/or Youth Empowered Success (YES) Case Plan and the permanency plan for each child/youth ICPC services are requested.
b. Upon receipt of the above information, the ICPC 100-A and accompanying materials shall be reviewed by the State ICPC Office. If all necessary information is enclosed the materials are forwarded to the receiving state. A file shall be developed and maintained at the State Office.
c. If the placement is approved, the ICPC 100-A is signed by the receiving state. A copy of the ICPC 100-A and home study shall be forwarded to the field office by the Deputy Compact Administrator.
d. Once the decision is made to place the child/youth, the DFS Caseworker shall notify the State Office by providing three (3) copies of ICPC 100-B giving the date the child/youth was placed or will be placed.
e. If a child/youth is court-ordered into an out-of-state placement without the DFS Caseworker giving prior notice to ICPC, the DFS Caseworker shall notify the Deputy Compact Administrator by telephone the child/youth has been ordered into another state. At this time, the DFS Caseworker shall send all the information described above.
f. Wyoming shall request the receiving state monitor the child(ren)/youth’s safety, permanency, well-being and placement of the child(ren)/youth placed through the ICPC by conducting a monthly face-to-face visit with the child(ren)/youth and caregiver. 2
g. The DFS Caseworker shall obtain the monthly report/contact of face-to-face visit from courtesy worker in receiving state and enter the information into the DFS data system as a face-to-face visit within 14 days of the receipt of the report from the courtesy worker.
h. If the children(ren)/youth is IV-E eligible, the DFS Caseworker shall follow all policies to ensure the continuation of IV-E eligibility. The DFS Caseworker shall notify the receiving state when IV-E eligibility no longer exists so Medicaid can be closed.
4. Child(ren)/youth Coming Into the State of Wyoming
a. If a state wants to place a child(ren)/youth in Wyoming, the Deputy Compact Administrator is notified, who then forwards the request to the appropriate field office. A file shall be opened and a home study completed. Once the study is completed, forward three (3) copies to the Deputy Compact Administrator. The DFS Caseworker shall recommend whether placement is appropriate and the Deputy Compact Administrator shall approve or deny the placement.
1) Per PL 109-239, Wyoming is required to complete the home study within a 30 and/or 60 day timeframe. If there is a reason this cannot be accomplished due to circumstances beyond the State of Wyoming’s control (i.e. delay in the receipt of federal agency background check), the circumstance shall be documented. This exception gives the State 15 more days to complete and report on the home study. In order to attempt to meet the 60 day timeframe the DFS Caseworker and/or DFS Supervisor shall send what he/she has completed to the State Office, and explain the circumstances surrounding the delay.
2) The DFS Supervisor shall track how often they needed the 15-day extension, why the extension was needed, if the extension led to a resolution of the problem that prevented the home study from being done in 60 days, and the actions taken by the State and Federal agency to resolve the issues that led to a need for an extension. This shall be reported to the Deputy Compact Administrator since this is a Congressional requirement.
b. If the placement is approved, the sending state shall provide notification of placement date and IV-E eligibility. The DFS Caseworker shall notify the DFS Benefit Specialist of the IV-E eligibility so the child(ren)/youth shall be entered into EPICS for Medicaid benefits and complete the Foster Care Periodic Review (DFS-602) to ensure IV-E eligibility continues.
c. Once the child(ren)/youth is placed, supervision is to be provided by the assigned DFS Caseworker on a monthly basis, and supervision reports provided at least on a quarterly basis. Quarterly reports shall be sent to the Deputy Compact Administrator, in packets of three (3), for forwarding to the sending state. This allows all parties to know that the case remains open and services are being provided.
d. If a placement is not approved, the ICPC 100-A shall be signed by the Deputy Compact Administrator showing placement denied, and DFS Caseworker shall be advised the State Office is closing its ICPC file.
5. Termination of Jurisdiction
a. Compact Article IV, Retention of Jurisdiction, states the "sending agency shall retain jurisdiction over the child(ren)/youth sufficient to determine all matters in relation to the custody, supervision, care, treatment and disposition of the child(ren)/youth." The sending agency shall continue to have financial responsibility for support and maintenance of the child(ren)/youth during placement. Discharge from supervision shall only be with the concurrence of both states.
b. If a court dismisses jurisdiction without state concurrence, the DFS Caseworker shall immediately advise the Deputy Compact Administrator. The DFS Caseworker shall send three (3) copies of the dismissal order along with the ICPC 100-B and the appropriate explanation entered under "Remarks" section of the form.
c. Once a case is closed and the ICPC 100-B is completed, the Deputy Compact Administrator shall provide a copy to the DFS Caseworker advising to close the ICPC file. The DFS Caseworker shall advise Economic Assistance the case is closed.
6. Other Interstate Placement Considerations Federal Law Pl-109-239
a. Use of Cross Jurisdictional Resources. DFS shall make effective use of cross jurisdictional resources and eliminate legal barriers to timely adoptions.
b. Reasonable Efforts. DFS shall:
1) Consider interstate placements in permanency planning decisions when appropriate.
2) Consider in-state and out-of-state permanent placement options at permanency hearings.
3) Identify appropriate in-state and out-of-state placements when using concurrent planning.
c. Permanency Hearings. DFS shall consider in-state and out-of-state placement options in permanency hearings, and if a child(ren)/youth is already in an out-of-state placement, the hearing shall determine if the placement continues to be appropriate and in the child(ren)/youth’s best interests.
d. Caseworker Visits. The federal law requires face to face visits every six (6) months for child(ren)/youth in out-of-state foster care placements, and allows for a private agency under contract with either state to perform those visits. 3
7. Court Improvement Provisions Federal Law Pl-109-239
a. The DFS Caseworker should be aware that state courts are to expedite interstate placements, share information, obtain information without travel by those parties in other states and courts shall ensure that foster parents, pre-adoptive parent, and relative caregivers are notified of any proceedings held with respect to a child(ren)/youth in foster care.
8. Additional Provisions Federal Law Pl-109-239
a. Family Service Plan and/or Youth Empowered Success (YES) Case Plan Amendments. Family Service Plans and/or YES Case Plans are required to include the most recent information available regarding the health and education records of the child(ren)/youth. Family Service Plan and/or YES Case Plan are to show that adoption and other permanency plan recruitment efforts include the use of state, regional and national adoption exchanges and electronic exchange systems to facilitate orderly and timely in-state and interstate placements.
b. Case Review System. The DFS Caseworker shall supply a copy of the child(ren)/youth’s health and education record to the foster parent or foster care provider at the time of placement and to provide it at no cost to the child(ren)/youth at the time the child(ren)/youth is emancipated from foster care; and provide the foster caregivers the right to be heard in any proceeding.
9. DFS Data System Considerations
a. Child(ren)/youth in DFS custody and placed in another state:
1) If a child(ren)/youth is in DFS custody and placed out-of-state, the DFS Caseworker shall enter all screens as usual on the DFS data system and the incident code will remain as established when the incident was opened (i.e. CPS, PB, CHINS).
2) The DFS Caseworker shall consider if Wyoming is requesting certified foster care, especially if the child(ren)/youth is IV-E eligible or requesting that the child(ren)/youth/placement resource apply for benefits in another state. Additionally, the DFS Caseworker shall request monthly face to face supervision visits and monthly reports.
b. Child(ren)/youth in custody of another state and placed in Wyoming:
1) The DFS Caseworker shall open the DFS data system incident as Incoming ICPC (INC. ICPC), but not complete any placement screens. The incident name shall be the home studied person, and include the child(ren)/youth in the composition. The incident shall promptly be closed when appropriate. Child(ren)/youth in custody of another state would not be included in federal reviews for WY.
2) If a child(ren)/youth is in another state's custody and placed within Wyoming, DFS shall provide all appropriate services until case closure. Generally, Wyoming is not paying for placement or services.
3) Certification of the placement home is encouraged to provide for IV-E foster care and Medicaid eligibility.
c. CPC placement of child(ren)/youth not in state custody, but court jurisdiction only.
1) Occasionally the court will request DFS to arrange for ICPC supervision but does not place the child(ren)/youth in DFS custody. Although other states often times do not accept such cases as ICPC placements, DFS shall attempt to satisfy the court orders as outlined:
a) The DFS Caseworker shall open the DFS data system incident as YFS, but not complete any placement screens. If however, the DFS Caseworker has already opened it as a specific incident type that incident type would remain. The DFS Caseworker shall close the incident promptly when appropriate.
b) Advise the court in writing of the receiving states response, including if available, options for use of private agencies for supervision.
10. Interstate Compact on Adoption and Medical Assistance (ICAMA)
a. A child(ren)/youth, who is the subject of a subsidized adoption agreement and receives medical assistance and moves to another state, falls under the ICAMA guidelines for interstate movement. Though Wyoming is not a member state, services shall be provided to a IV-E child(ren)/youth. 4
b. If a child(ren)/youth is IV-E eligible and is entitled to Medicaid coverage per the Adoption Assistance Agreement and the family decides to move to another state, the DFS Caseworker shall:
1) Provide the adoptive parents with a letter of eligibility prepared by Economic Assistance;
2) Ensure that the adoptive parents have the original copy of the Adoption Assistance Agreement; and
3) Send three (3) copies of both the above documents to the Deputy Compact Administrator. The eligibility letter shall show the new address of the adoptive parents and the eligible child(ren)/youth.
a) The Deputy Compact Administrator shall forward two (2) packets of information to the receiving state. It should be noted that the sending state is responsible for the continued subsidy payments as indicated in the Adoption Assistance Agreement. The adoptive parents shall receive the medical benefits for the child(ren)/youth in the receiving state.
4) The Deputy Compact Administrator shall track cases through a computer and file system.
c. The adoption assistance and Medicaid cases shall continue to be open as long as the Adoption Assistance Agreement is in effect and not terminated. If a family moves from the receiving state to another state, the same process shall be followed to transfer the case to the third state.
d. For a child(ren)/youth who comes to Wyoming who is IV-E eligible for Medicaid benefits, the process is as follows:
1) The Deputy Compact Administrator shall receive a packet of information from the sending state, including the letter of eligibility, the child(ren)/youth's name, social security number, current address of adoptive family and a copy of the Adoption Assistance Agreement.
2) The above information shall be provided to the field office by the Deputy Compact Administrator.
3) Economic Assistance shall process the case for eligibility.
4) For incoming cases of this nature, the DFS Caseworker shall not open a case file or complete monthly reporting forms.
1 W.S. 14-5-101 through 14-5-108
2 and 3 Face to Face Policy 2.3
4 Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1986
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Placement POLICY: Court Progress Reviews, Reports and Timelines POLICY NUMBER: 2.8 |
EFFECTIVE DATE: January 15, 2016 | Current:1/16 Revised: 4/02, 4/06, 1/13, 1/16 Original: 4/02 |
A. Purpose
Quarterly Progress Reviews shall be completed to determine whether the child(ren)/youth should remain in custody and efforts made to preserve and reunify the family in abuse and/or neglect, Children in Need of Supervision (CHINS) and juvenile delinquency open juvenile court cases. 1 All subsequent reviews shall build off the initial quarterly review/report to provide an ongoing history of the case and shall be submitted quarterly to juvenile court, guardian ad litem, public defender, District/County Attorney, and family. These reports shall serve as a guide for the quarterly Multidisciplinary Team (MDT) meeting.
B. Procedure
1. Quarterly Progress Review Reports (F-SS123) and Permanency Hearing Report (F-SS124), Timelines and Requirements. 2 The DFS Caseworker shall complete the following:
a. Three (3) months Review Report- three (3) months from the date of initial placement, the first Quarterly Progress Review Report (F-SS123) shall be completed and include the progress of the child(ren)/youth and/or family toward case/permanency goals and the child(ren)/youth’s safety and appropriateness of continued out-of-home placement.
b. Six (6) months Review Hearing/Report- a continuation of the previous review report, submitted to appropriate parties of the case and shall be reviewed in court from the date of the child(ren)/youth’s removal from the home and every six (6) months thereafter. 3 The review shall focus on the progress made for the permanency goal, including a review of the time frames. In addition, the medical plan including IV-E eligibility shall be reviewed. 4
c. Nine (9) months Review Report- a continuation of the two (2) previous review reports and submitted to all appropriate parties.
d. Permanency Hearing - the Permanency Hearing shall be conducted no later than 12 months from the date the child(ren)/youth’s removal from the home and not less than once every 12 months thereafter if the child(ren)/youth remains in custody of the state. 5
1) The Permanency Hearing Review Report (F-SS124) shall be a culmination of the three (3) previous quarterly review reports and documentation of the efforts to return the child(ren)/youth home or to permanent placement If the permanency plan is not reunification, adoption or legal guardianship, the caseworker shall state the compelling reasons for establishing another permanency plan.
2) At the permanency hearing, a youth age 14 years or older shall be able to voice his/her desired permanency plan.
3) A judicial determination shall be made at each permanency hearing for youth age 16 years or older with APPLA being the permanency plan, that APPLA continues to be in the best interest of the youth and compelling reasons why it is not in his/her best interest to be reunified with a parent, or placed with a relative or in an adoptive or guardianship placement. 6
4) DFS caseworker shall document in the DFS data system the date the hearing was conducted; who attended, to include parents, caregiver(s), child(ren)/youth; and outcome.
1 W.S. 14-3-431, 14-6-229, 14-6-429
2 Adoption Safe Family Act (ASFA) 1997 and W.S. 14-3-427(m); 14-6-227(m); 14-6-427(m); 14-3-431; 14-6-229; 14-6-429
3 W.S. 14-3-431(c), 14-6-229, 14-6-429
4 Title IV-E plan
5 W.S. 14-3-431(d-k)
6 Preventing Sex Trafficking and Strengthening Families Act
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Placement POLICY: Human and Sex Trafficking POLICY NUMBER: 2.9 |
EFFECTIVE DATE: September 28, 2015 | Current: 9/15 Revised: 9/15 Original: 9/15 |
A. Purpose
For the protection of children and youth at risk of human and sex trafficking, and for identifying, documenting and determining appropriate services for such children/youth including those children who the state has reasonable cause to believe are victims or are at-risk of becoming victims of human or sex trafficking. 1 This applies to any child or youth over whom the state agency has responsibility for placement, care, or supervision of the Department of Family Services (DFS), which includes:
1. Any child/youth who is placed in DFS custody;
2. Any child/youth who is being supervised by DFS.
Definitions
Human Trafficking- means the recruitment, harboring, transportation, provision, or obtaining labor services through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
Sex Trafficking- means the recruitment, harboring, transportation, provision, or obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act. Sex trafficking in which Commercial sexual act is induced to perform such act through the use of force, fraud, or coercion.
B. Procedure
1. Screening. The DFS Caseworker shall complete an initial screening of child/youth who come into placement, care or under supervision of DFS to identify if she/he is at risk of becoming a human and/or sex trafficking victim or are a human/sex trafficking victim.
a. The DFS Caseworker shall complete form F-SS07 for Child(ren)/Youth who are
alleged abused or neglected, delinquent or CHINS at the earliest point after intake, or no later than 7 days of case opening.
b. If the child(ren)/youth is identified as a victim, the DFS caseworker shall immediately and in no case later than 24 hours notify:
1) Local Law Enforcement; and
2) CA/DA
c. The results of the screening shall be documented in the DFS data system in the Incident Maintenance Screen under Human/Sex Trafficking Screening Maintenance.
2. Children/Youth at Risk.
a. Children/youth who are identified as high risk of being a victim shall be referred to appropriate mental health or education services.
b. Children/youth who are referred to appropriate mental health and education services shall be re-evaluated for services every six months if he/she is in placement, care or supervision of DFS.
c. Children/youth may also be offered a medical examination if appropriate.
3.Identified Sex Trafficking Victims.
a. Any child/youth who has been identified as a sex trafficking victim may receive a medical examination and complete a forensic interview or interview by a person with knowledge of sex trafficking victims. Law enforcement shall be notified immediately and in no case later than 24 hours after identification.
b. Any child/youth who has been identified as a sex trafficking victim shall be referred to appropriate mental health or education services.
c. Children/youth who are referred to appropriate mental health and education services shall be re-evaluated for services every three months if he/she is in placement, care or supervision of DFS.
4. Runaway or Missing from Care
a. Any children/youth in the care of or under the supervision of the DFS who has been identified as a runaway, abducted, or otherwise missing or absent from care, a DFS caseworker shall immediately and in no case later than 24 hours notify:
1) Local Law Enforcement to be entered into the National Crime Information Center;
2) The National Center for Missing and Exploited Children (1-800-843-5678 or http://www.missingkids.com/home)
3) CA/DA;
4) GAL/Defense atty; and
5) Court/judge
b.Information on any children/youth in the care of or under the supervision of DFS who is a runaway or missing from care shall be documented in DFS Data System in the Person Maintenance Screen under RAW/Missing Child. The information shall include the date RAW/missing and returned, as well as the reason for leaving. The Human/Sex Trafficking screening shall also be completed. The results of the screening shall be documented in the DFS data system in the Incident Maintenance Screen under Human/Sex Trafficking Screening Maintenance.
c. Children/youth shall receive a medical examination. If youth identifies any sex trafficking indicators, services shall be provided.
1 Preventing Sex Trafficking and Strengthening Families Act
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Placement POLICY: Medical Care POLICY NUMBER: 2.10 |
EFFECTIVE DATE: January 15, 2016 | Current: 1/16 Revised: 7/2006, 1/16 Original: 12/16/02 |
A. Purpose
When a child(ren)/youth is placed in the custody of the Department of Family Services (DFS), questions are frequently raised concerning who has legal authority to sign for medical and psychological treatment. It is important to distinguish the difference between emergency medical treatments and routine care as part of the on-going case management process with a child/youth in custody. Medical and psychological consent remains with the child/youth’s parent(s) unless specifically restricted by the court.
B. Procedure
1. When a child/youth has been taken into protective custody by either law enforcement or medical personnel, the Department shall accept physical custody of the child/youth and assess the his/her mental and physical needs and facilitate appropriate appointments for the child/youth’s ordinary and emergency medical care. Medical care is paid for by Medicaid for a child/youth who is in protective custody.
2. The caseworker shall complete and submit the DFS Placement Application (F-SS501A) to the Customer Service Center for Department of Health.
3. Emergency Care for the Child/Youth who is in DFS Custody
a. If the Health provider advises that an emergency exists and there is sufficient time to contact the parents or guardian, call the parent or guardian immediately to request consent for the emergency care. If the parent or guardian is not available or refuses to consent, contact the DFS District Manager or designee.
b. If the Health provider advises that an emergency exists and there is insufficient time to obtain parental or guardian consent, the caseworker shall notify all parties to include the parent(s), the DFS District Manager or designee of the emergency care.
4. Routine Medical Care. The DFS caseworker shall ensure the health care needs of the child/youth in DFS custody are met and shall include an annual comprehensive physical and bi-annual dental examination. Routine medical care includes:
a. Health Check. A comprehensive evaluation to include medication, vision and hearing screening, within 30 days of placement. Records and documentation shall be in the case file. Efforts shall be made to maintain health providers established by the family prior to placement.
b. Dental examination prior to their first birthday or at first tooth eruption, whichever comes first, then every six (6) months after and documented in case file.
c. Additional assessments may be requested by the parents, child/youth, DFS caseworker or other parties to review on-going care for child/youth in DFS custody, which may include medication. Medical care is paid for a child/youth who is in DFS custody by Medicaid.
5. Parents have the right to be informed and involved in the care of their child/youth, unless that right has been restricted by the Court. The caseworker shall make every reasonable effort to inform parents of the medical needs of their child/youth and to allow them the opportunity to sign necessary consents.
a. Contact the child/youth’s parent or guardian and provide them with the necessary consent forms.
b. If the parent or guardian is not available or refuses to consent, the DFS District Manager or the Superintendent of the Boys’ School or Girls’ School, or designee, may consent to the non-emergency routine care. Depending on the circumstances of the case and the severity of the care being contemplated, the District Manager or the Superintendent shall consult with the District Judge. The courts shall be consulted with any parental disagreement for final order.
6. Psychotropic Medication. The caseworker shall ensure comprehensive and coordinated screening, assessment, and treatment planning to identify child/youth’s mental health and trauma treatment needs. A psychiatric evaluation may be necessary to identify needs for psychotropic medication.
a. The caseworker shall review the circumstances for the agency involvement, to include observations of the child/youth’s behavior, and determine any necessary referrals to a mental health professional.
b. The caseworker shall refer the child/youth for mental health assessments and coordinate evaluations as necessary.
c. The caseworker may provide documentation relevant to the mental health assessment to the mental health professional in order to assist in the development of a comprehensive and accurate assessment of the child/youth’s needs.
d. The caseworker shall facilitate treatment planning in accordance with recommendations from the child/youth’s mental health evaluation. Treatment planning shall be included in the Family Service Plan and/or YES case plan.
e. The caseworker shall facilitate informed and shared decision making between the mental health professional, the caseworker, the child/youth, his/her caregivers, other health care providers, and other key stakeholders, including prescribers of psychotropic medications.
f. The caseworker shall document screening, assessment treatment planning, and the decision making process related to the child/youth’s mental health and trauma treatment needs in the case file.
7. Medication Monitoring. Effective medication monitoring at both the client and agency level.
a. The caseworker shall ensure effective medication monitoring by the prescribing provider for any child/youth in DFS custody on psychotropic medications. The caseworker shall document prescribing provider oversight in the file.
b. The caseworker shall conduct regular discussions with any child/youth in DFS custody on psychotropic medications to determine if side effects from the medication are detrimental to the child/youth. The caseworker shall document discussions related to side effects in the case file. Concerns with side effects will be discussed with the prescribing provider and discussion will be documented in the case file.
The caseworker shall conduct regular discussions with the parent(s) of the child/youth in DFS custody on psychotropic medications to determine if side effects from the medication are detrimental to the child/youth. The caseworker shall document discussions related to side effects in the case file. Concerns with side effects will be discussed with the prescribing provider and discussion will be documented in the case file.
c. The caseworker shall conduct regular discussions with the caregiver(s) of any child/youth in DFS custody on psychotropic medications to determine if side effects from the medication are detrimental to the child/youth. The caseworker shall document discussions related to side effects in the case file. Concerns with side effects will be discussed with the prescribing provider and discussion will be documented in the case file.
8. Psychological Evaluations. Psychological evaluations of a child/youth in DFS custody shall be ordered by the Court or have parental consent.
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Permanency POLICY: Termination of Parental Rights/Voluntary Relinquishment POLICY NUMBER: 3.1 |
EFFECTIVE DATE: January 14, 2013 | Current: 1/13 Revised: 8/2006, 1/13 Original: 6/98 |
A. Purpose
The primary reason for terminating the rights of a parent(s) or accepting the relinquishment of parental rights is to free a child(ren)/youth for adoption when he/she cannot safely return home. 1
B. Procedure
1. Grounds for Termination
a. Abandonment
1) The child(ren) is abandoned at less than one (1) year old and has been abandoned for at least six (6) months. 2
2) The child(ren)/youth has been left in the care of another person without provision for the child(ren)/youth's support and without communication from the absent parent for a period of at least one (1) year. 3
3) The child(ren)/youth has been abandoned with no means of identification for at least three (3) months and efforts to locate the parent(s) have been unsuccessful. 4
b. Goals not Achieved by Parent(s)
1) The parent(s) have had a reasonable opportunity to rectify concerns which led to the placement of his/her child(ren)/youth and the child(ren)/youth has been in foster care 15 of the most recent 22 months during which time the parent(s) continues to be unfit to have custody and control of the child(ren)/youth. 5
c. Incarceration
1) The parent(s) is incarcerated due to the conviction of a felony and a showing that the parent(s) is unfit to have the custody and control of the child(ren)/youth. 6
2) Proof by clear and convincing evidence that the parent(s) has been convicted of abuse and/or neglect. 7
d. A court rules that reasonable efforts have been met and termination is in the child(ren)/youth’s best interest. 8
1) The parental rights of the parent to any other child have been terminated involuntarily and/or severe and extreme abuse where reunification efforts could place the child(ren)/youth’s health and safety at serious risk.
e. It may not be reasonable to provide reunification efforts when a parent has committed, aided or abetted, attempted, conspired, or solicited to commit the murder or manslaughter of another child of the parent, or a felony assault which resulted in serious bodily injury of another child of the parent. 9
3. Process to Prepare for Termination
a. Documentation of clear and convincing evidence of sufficient grounds for termination of parental rights exist, such as:
1) Reasonable efforts were provided but failed to correct the conditions which led to removal;
2) Family failed to follow a reasonable Family Service Plan and/or Youth Empowered Success (YES) Case Plan;
b. Parent(s) will not be available to the child(ren)/youth due to abandonment or incarceration;
c. The health and safety of the child(ren)/youth is jeopardized if reunified with the parent(s); or
d. The parent(s) is determined to be unfit.
e. Judicial determination is made that reasonable efforts to reunify the child(ren)/youth
and parent(s) is not required pursuant to W.S. 14-2-309.
f. File a petition for termination of parental rights
1) Request in writing that the District/County Attorney file the petition or utilize the services of the Child Permanency Unit in the Attorney General’s Office.
2) The court shall have a termination hearing within ninety (90) days of the filing of the petition. 10
g. A diligent search for an adoptive home shall be engaged if a permanent home is
not already identified.
4. Petition to Terminate Parental Rights
a. When a child(ren)/youth has been placed in foster care (group home, residential treatment, or foster care) under the responsibility of DFS for fifteen (15) of the most recent twenty-two (22) months, the state shall file a petition to terminate parental rights or seek to be joined as a party to the petition if a petition has been filed by another party, unless: 11
1) The child(ren)/youth is in the care of a relative;
2) DFS has documented in the Family Service Plan and/or YES Case Plan a compelling reason for determining that filing the petition is not in the best interest of the child(ren)/youth; or
3) DFS has not provided services to the child(ren)/youth's family deemed necessary for the safe return of the child(ren)/youth to the home.
b. With the filing of the petition to terminate parental rights, DFS shall identify, recruit, process, and approve a qualified family for adoption of the child(ren)/youth.
c. A termination of parental rights hearing shall be held within ninety (90) days of the filing of the termination petition unless the court continues the hearing for good cause.
5. Voluntary Relinquishment
a. Procedure:
In all case(s) the parent(s) are encouraged to consult with an attorney prior to signing relinquishment forms. If the birth parent(s) do not have the financial resources to do so, the DFS shall offer to purchase/provide independent counsel. Consultation with an attorney is required unless the parent sign the relinquishment and consent to adoption in the presence of a district court judge or court commissioner.
1) Obtain the authorization of the district manager to offer voluntary relinquishment.
2) Arrange for the parent(s) to consult with an attorney.
a. Contact the district court judge to schedule an in chambers hearing for purposes of accepting the relinquishment and at the hearing provide the judge the Relinquishment-Judge’s Signature Page (F-SS-40a).
4) If the district court refuses to hold a hearing, document the court’s refusal and proceed with the voluntary relinquishment.
5) Use the Irrevocable Relinquishment and Consent for Adoption (F-SS40) for parent(s) signature. Any other form or legal instrument used must be specifically approved by the attorney general’s office.
6. Legal Fees
DFS is required to pay all appropriate legal expenses associated with a state petition to terminate parental rights. In addition to paying the court approved legal expenses for representation of an indigent parent (as determined by the court), DFS may be asked to pay for legal notices and witness fees. The Attorney General’s office and Financial Services Division shall be consulted prior to authorizing any legal expenses and as soon as possible after being notified of payment requirement. For those legal costs subject to the approval of the court, the DFS suggested fee schedule, as compiled by the Financial Services Division, shall be provided to the court.
7. DFS Data System
When termination of parental rights has been completed on a child(ren)/youth by court order or relinquishment, the initial case shall be closed and a new case opened under the child(ren) name.
1 Adoption Safe Family Act (ASFA) and W.S. 14-2-301 through 309
2 W.S. 14-2-309(a)(vi)
3 ASFA and W.S. 14-2-309(a)(i)
4 ASFA and W.S. 14-2-309(a)(ii)
5 ASFA and 14-2-309(a)(iii) and (v)
6 W.S. 14-2-309(a)(iv)
7 W.S. 14-2-309 (b)(i-ii)
8 W.S. 14-2-3-9(c)
9 W.S. 14-2-309 (b)
10 W.S. 14-3-431(p)
11 W.S. 14-3-431(m)
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Permanency POLICY: Adoption POLICY NUMBER: 3.2 |
EFFECTIVE DATE: January 1, 2018 | Current: 1/18 Revised: 6/99, 1/13, 1/18 Original: 6/99 |
A. Purpose
Adoption is a permanency goal and placement for child(ren)/youth who are legally free by termination of parental rights or relinquishment.
B. Procedure
1. Parental Rights
a. Parental rights can be terminated by a court of competent jurisdiction, through an action filed in the interest of the child(ren)/youth, transferring custody and guardianship to the Department of Family Services (DFS) in order for child(ren)/youth to be adopted. 1
2. Adoption Placement
a. In many cases the child(ren)/youth will be in placement with a suitable relative or a foster family who wish to adopt the child(ren)/youth. Adoption by these families may be in the best interest of the child(ren)/youth.
b. If the permanency plan does not include the foster home or relatives as the adoptive placement, the DFS Caseworker shall submit a request for adoptive home studies from the State Office as described in Adoption Rules. 2 If there are no suitable adoptive families in Wyoming, the DFS Caseworker shall prepare an Adoption Exchange Registration Form and forward the form to the DFS State Office with a photo of the child(ren)/youth. The DFS State Office shall forward the package to The Adoption Exchange in Denver. 3
c. Once a family has been selected the DFS Caseworker may work directly with the adoption agency and the family to plan the placement of the child(ren)/youth. Prior to placing the child(ren)/youth, financial arrangements such as foster care payment or Adoption Subsidy and Medicaid/health insurance matters shall be agreed upon by DFS and the adoptive family. It is important that the adoptive family have as much information as possible about the child(ren)/youth, his/her history and medical care. Complete a Placement Agreement with Adoptive Parent(s) (F-SS42) when placing a child/youth into a prospective adoptive home.
1) At placement, or as soon as possible after, the DFS Caseworker shall give the adoptive family all medical records, immunization records, psychological evaluations, and records of physicians and counselors who have treated the child(ren)/youth. Prior to providing the information, the Acknowledgment of Shared Information (F-SS49) shall be signed and the Birth Parent’s Medical History (F-SS40b) and Older Child Medical History Information (F-SS40c) shall be completed.
2) As soon as possible, but no later than 90 days after placement, the DFS Caseworker shall provide the adoptive family with a written social summary and history of the child(ren)/youth. Include information on any known hereditary mental or physical illness or substance abuse within the child(ren)/youth’s birth family.
d. The DFS District Manager shall contact the Attorney General’s Office to prepare a consent for adoption. The DFS office will keep a copy and provide the original to the adoptive family.
e. If the child meets the definition of special needs (refer to Policy 3.2.1), the DFS caseworker shall discuss the availability of an adoption subsidy. Whether or not the adoptive family wants a subsidy, an Application for Adoption Assistance and/or Waiver (F-SS41) shall be completed and signed.
f. The adoptive family is responsible for hiring an attorney to process the adoption of the child(ren)/youth.
1) If the child(ren)/youth being adopted meets the criteria for “special needs” the child is eligible for reimbursement of up to $2,000 in Non-Recurring Adoption Expenses. 4
a) Costs which may be covered include any reasonable and necessary adoption fees, court costs, attorney fees and other expenses directly related to the adoption of a special needs child(ren)/youth.
b) Application for reimbursement shall be made on the Application for Adoption Assistance and/or Waiver (F-SS41). This application shall be completed prior to finalization of the adoption. A separate Application for Adoption Assistance and/or Waiver (F-SS41) shall be completed for each child being adopted. The amount of the Non-Recurring Adoption Expenses can vary for each child/youth if a family is adopting more than one sibling as costs usually decrease if more than one child is adopted.
g. A child(ren)/youth shall be in pre-adoptive placement for a minimum of six (6) months. 5 In cases where the child(ren)/youth is being adopted by the foster family, this requirement has usually been met by the time parental rights have been terminated.
h. If the child(ren)/youth being adopted is age 14 or over, written consent of the child(ren)/youth shall be required to finalize the adoption.
i. An adoption home study shall be completed. As a part of the home study process, the adoptive family shall complete all background check requirements pursuant to Policy 2.1.4.6 – Background Checks and, if they have been certified as a foster family, also refer to Policy 2.1.4.3. - On-going Certification Process and CQI Procedures. Based on these findings, the adoption home study may be denied.
j. DFS may contract with private child(ren)/youth 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 (including special needs) and his/her prospective adoptive families.
2) Supervision of placement of a child(ren)/youth (including special needs) in adoptive homes prior to finalization. For special needs adoption, payments for supervision of placement shall be $1000 and shall be funded from the $2000 Non-Recurring Adoption Expenses.
1 Termination of Parental Rights/Voluntary Relinquishment Policy 3.1
2 Adoption Rules, Chapter 1, Section 6
3 Multi-Ethnic Placement Act (MEPA/IEAP) of 1994 and amended by the Interethnic Adoption Provisions in 1996;
Legal, Regulatory and Policy Authority:
- Title VI of the Civil Rights Act of 1964, 42 U.S.C.§2000d et seq.
- Section 422(b)(7) of the Social Security Act (Title IV-B)
- Section 471(a)(18) of the Social Security Act (Title IV-E)
- Section 1808(c) of The Small Business Job Protection Act of 1996, 42 U.S.C. §1996b (Amendments to 1994 MEPA)
- 45 C.F.R. § 1355.38
4 Adoption Rules, Chapter 1, Section 7
5 W.S. 1-22-111
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Permanency POLICY: Adoption Assistance/Subsidy Agreements POLICY NUMBER: 3.2.1 |
EFFECTIVE DATE: January 1, 2018 | Current: 1/18 Revised: 6/10, 1/13, 1/18 Original: 6/10 |
A. Purpose
Adoption Assistance/Subsidy Agreements is designed to provide financial and medical assistance to adoptive families to facilitate and support the adoption of child(ren)/youth with special needs. The Department of Family Services (DFS) may grant subsidy payments to adoptive parent(s) at the time of placement for adoption for child(ren)/youth who are in the legal custody of DFS or a child placement agency certified by the state of Wyoming.
Negotiating the Adoption Assistance/Subsidy Agreement consists of the adoptive parent(s) and staff jointly identifying the child(ren)/youth's known service needs, circumstances of the adoptive family, and resources for meeting his/her needs including the family's circumstances and developing a plan to meet the adoptive child(ren)/youth’s needs. To the extent possible, the discussion about the need for assistance shall take into consideration both current and future needs. Should the child(ren)/youth's circumstances change, the adoptive family and/or DFS may request renegotiation of the agreement due to a change in the child(ren)/youth's prospective circumstances.
B. Procedure
1. Eligibility
a. DFS may grant subsidy payments to adoptive parent(s), if at the time of placement for adoption, all the following apply:
1) The child(ren)/youth is in the legal custody of DFS or a child placement agency certified by the state of Wyoming;
2) The child(ren)/youth is legally available for adoption;
3) DFS or a certified, private child placement agency is financially responsible for the child(ren)/youth;
4) The child(ren)/youth qualifies as special needs. A child/youth qualifies as special needs if:
a) DFS has made a determination the child/youth cannot or should not be returned to the home of his or her parents; and
b) He/she exhibits one (1) or more of the following characteristics
(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; and
5) Reasonable efforts to place the child/youth without a subsidy have proven unsuccessful (except when it would be against the best interests of the child/youth and (4) applies); and
6) DFS has determined the adoptive parent(s) can provide for the nonfinancial needs of the child(ren)/youth.
Or
b. The child was eligible for Supplemental Security Income (SSI) programs under the Social Security Act before the adoption was finalized (an SSI payment does not have to have been made) (IV-E adoption subsidy) and meets one or more of the special needs requirements specified in B.1.a.4).
c. 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. DFS shall educate prospective adoptive parent(s) on the availability of Adoption Assistance/Subsidy during the adoptive parent orientation, training, home study process, the differences between foster parenting and adoption, how these differences affect the negotiation/payment scale and when the decision has been made to place a child(ren)/youth with a prospective adoptive family.
1) Once DFS or the certified agency (child placing agency or adoption agency) has determined that placement with a certain family is in the child(ren)/youth's best interest, the DFS Caseworker shall provide information about the child(ren)/youth's background, and information regarding the birth parent(s) using the Birth Parents Medical History form (F-SS40b).
a. The DFS Caseworker shall have the prospective adoptive parent(s) sign the Acknowledgement of Shared Information (F-SS49).
d. Once it is determined an Adoption Assistance/Subsidy is necessary to facilitate the adoption of a special needs child(ren)/youth, the DFS Caseworker and Supervisor shall:
1) Notify the IV-E Benefit Specialist, of any child(ren)/youth who is legally available for adoption, to assist in completing the IV-E Subsidized Eligibility Checklist (F-SS44) which will help determine if the adoption will be IV-E;
2) Prepare and provide completed and unsigned drafts of the Application for Adoption Assistance and/or Waiver (F-SS41) and Adoption Assistance Agreement (F-SS43) to the IV-E Benefit Specialist along with any other information necessary to make a IV-E determination; and
3) Follow all policies and procedures in Policy 5.2 – IV-E Adoption Assistance to determine whether or not the child/youth qualifies for a IV-E Adoption Assistance/Subsidy and to establish a IV-E Adoption Subsidy, if eligible.
e. If the adoption cannot be funded with IV-E federal monies (child is not IV-E eligible), then a state funded subsidy may be provided to facilitate the adoption. 1
f. Once the draft Application for Adoption Assistance and/or Waiver (F-SS41) and Adoption Assistance Agreement (F-SS43) have been reviewed per Policy 5.2 – IV-E Adoption Assistance, request the prospective adoptive parent(s) sign and submit the completed Application for Adoption Assistance and/or Waiver (F-SS41) and the Adoption Assistance Agreement (F-SS43).
2. Negotiating Adoption Assistance/Subsidy Agreement
a. An Adoption Assistance/Subsidy for a IV-E funded adoption or a state funded adoption may include Medicaid, one time Nonrecurring Adoption expenses, and a monthly cash payment.
b. In preparation for negotiating the Adoption Assistance/Subsidy, the DFS Caseworker shall:
1) Complete the age appropriate Needs Based Care Assessment for Children in Foster Care (F-SS66 or F-SS67) and may utilize input from the prospective adoptive parent and/or current foster parent to help accurately assess the level of care the child(ren)/youth needs.
a. After completion of the Needs Based Care Assessment for Children in Foster Care (F-SS66 or F-SS67) the DFS Caseworker shall submit a recommendation based on the needs assessment and supporting documentation to the DFS Supervisor and DFS District Manager.
2) Review with the DFS Supervisor and District Manager the Financial Services Rate Memo to begin assessing the amount of subsidy needed to facilitate the adoption.
a) All negotiations with the prospective adoptive parent(s) shall start at $0, increasing based on the level of care the child(ren)/youth needs, based on the Needs Based Care Assessment for Children in Foster Care (F-SS66 or F-SS67), but the monthly payment shall not exceed the foster care maintenance payment the child(ren)/youth received or would receive in a foster family home. The rate shall be determined by assessing the out of pocket costs the family may incur which are associated with the child(ren)/youth’s special needs or the family’s special circumstances.
b) It is acceptable for an Adoption Assistance Agreement (F-SS43) to start at $0 cash payment and Medicaid.
(1)By including Medicaid as a minimum initial subsidy agreement, it allows for the agreement to be amended, as negotiated, if there are changes in the circumstances of the child(ren)/youth or the family.
c) The negotiation process shall allow the prospective adoptive parent(s) an opportunity to ask questions, discuss his/her capacity to incorporate the child(ren)/youth into the household, as well as their overall capacity to meet the immediate and future needs of the child(ren)/youth, and foster a relationship between the adoptive parent(s) and DFS.
d) Once negotiations with the prospective adoptive parent(s) are finalized, the DFS Caseworker shall prepare an Adoption Assistance Agreement (F-SS43). The Adoption Assistance Agreement (F-SS43) shall be completed and signed by all parties and distributed before the adoption is finalized. Adoption subsidies shall not be paid if the Adoption Assistance Agreement (F-SS43) was not finalized prior to finalization of the legal adoption.
3. The Adoption Assistance/Subsidy Agreement
a. Child(ren)/youth in a subsidized adoption will be eligible for Medicaid. The DFS caseworker shall complete and submit a Medicaid Renewal/Change Report – Foster Care/Subsidized Adoption (F-SS607) to Medicaid along with a copy of the Adoption Assistance Agreement (F-SS43) once the child is adopted and whenever there is a change in address and/or if the Adoption Assistance Agreement (F-SS43) is extended beyond the child’s 18th birthday.
b. The Adoption Assistance/Subsidy may commence prior to the finalization of the adoption, if the child(ren)/youth has been placed in the pre-adoptive home the child(ren)/youth has been determined eligible for Adoption Assistance/Subsidy, and the Adoption Assistance Agreement (F-SS43) has been signed by the adoptive parent(s) and DFS.
c. Once a DFS Adoption Assistance/ Subsidy is established, the Adoption Assistance Agreement (F-SS43) shall remain in effect as long as the adoptive parent(s) is:
1) Providing for the care and support of the child(ren)/youth; and/or,
2) Following all requirements of the Adoption Assistance Agreement (F-SS43) which includes an annual review of the needs of the child(ren)/youth.
d. Adoption subsidies can be renegotiated whenever there is a change is circumstances. Adjustments may be made only by mutual agreement between the adoptive parent(s) and DFS in writing based on the needs of the child and the circumstances of the adoptive parent(s). A new Adoption Assistance Agreement (F-SS43) shall be completed with the box marked “adjusted agreement” to reflect the change and signed by all parties.
e. The DFS Caseworker shall assure the Annual Review Form for Adoption Assistance/Subsidy (F-SS46) is completed by the adoptive parent(s) annually. Prior to renewing the subsidy, the DFS Caseworker and DFS District Manager shall review the Adoption Assistance Agreement (F-SS43) and sign the Annual Review Form for Adoption Assistance/Subsidy. The Adoption Assistance Agreement (F-SS43) may be adjusted at the annual review if there is a change in circumstances and after further negotiation. A new Adoption Assistance Agreement (F-SS43) shall be completed with the box marked “adjusted agreement” to reflect the change and signed by all parties.
f. Funding for Adoption Assistance/Subsidy agreements is contingent upon the availability of state/federal money.
4. Termination of the Adoption Assistance Subsidy Agreement
a. Once an Adoption Assistance Agreement (F-SS43) 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. Providing support to the child(ren)/youth may include: provision of tuition; clothing; maintenance of special equipment in the home; services for child(ren)/youth’s special needs; participation in treatment and gifts to the child.
a) Adoption Assistance/Adoption Subsidy cannot be terminated if the child(ren)/youth enters out of home care if the family provides any support to the child(ren)/youth.
b. Adoption Assistance/Subsidy is not transferable. If the adoptive parent(s) relinquish the child, or are deceased, the child(ren)/youth shall be eligible for adoption and a new agreement may be entered into with the new adoptive family. 2 The subsidy cannot be given to another family if the child(ren)/youth is residing with them and not the adoptive family.
c. If it appears there is a qualifying diagnosis or condition that warrants continued subsidy to age 21, the family shall provide documentation (made within the year) prior to the youth turning 18. The DFS Caseworker should discuss with the adoptive family the need to transition the youth from Adoption Assistance/Subsidy to adult community services to meet the child(ren)/youth's needs and provide referral information and assistance with obtaining these services as needed.
d. If the child(ren)/youth does not meet eligibility for continued subsidy to age 21, subsidy payments shall end the month after the youth turns 18, regardless of whether or not the child(ren)/youth has completed high school.
e. If a child(ren)/youth becomes ineligible for continued subsidy, the DFS Caseworker shall notify the adoptive parent(s) in writing, end any open contracts, close the case and notify Medicaid of the end date and reason for closure using the Medicaid Renewal/Change Report – Foster Care/Subsidized Adoption (F-SS607).
5. Title XX
a. The DFS Caseworker should discuss with the prospective adoptive parent(s) that nothing shall prohibit the adoptive parent(s) of a child(ren)/youth for whom an Adoption Assistance Agreement (F-SS43) is in effect from seeking Title XX services available in the Title XX Social Service Plan, even if the services are not already specified in the Adoption Assistance Agreement (F-SS43).
6. Chafee Independent Living Act
a. Child(ren)/youth who are adopted from DFS 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. 3
7. Discuss Moving Across State Lines
a. Moving across state lines does not change the Adoption Assistance/Subsidy amount or the state of origin’s payment responsibility. Continuance of Medicaid is based on the new State’s Medicaid Plan. 4 Refer to ICPC/ICAMA Policy 2.7.
8. Administrative/Fair Hearings
a. See applicable section in the Wyoming Adoption Rules.
9. DFS Data System and Files
a. On the date the adoption is finalized, a new case shall be initiated in DFS data system by doing an intake and selecting adoption as the program type. If the subsidy is for Medicaid only, an Adoption incident also needs to be created and maintained. If the subsidy is for one-time non-recurring adoption expenses only, an Adoption incident also needs to be created and closed once the invoice is paid.
b. All mandatory fields shall be filled out, with the exception of the reporter source. The incident shall have an incident name and primary address. On an intake for the adoption program type, if this is the only time the child(ren)/youth has been adopted, do not indicate the child(ren)/youth had a previous adoption.
c. Complete an adoption placement by completing the composition maintenance screen for the removal reason, the relationship maintenance screen and the placement screen, including the adoption pop-up.
d. A new hard file for the adoption subsidy shall be created and maintained for documentation and state and federal audit purposes and shall include the following:
-
-
- Copy of intake for Adoption Incident
- Acknowledgement of Shared Information (F-SS49)
- Birth Parents Medical History form (F-SS40b)
- Older Child Medical History Information (F-SS40c)
- Needs Based Care Assessment for Children in Foster Care, Age one day through 12 years (F-SS66)
- Needs Based Care Assessment for Children in Foster Care, Age 13 years and older (F-SS67)
- Application for Adoption Assistance and/or Waiver (F-SS41)
- Adoption Assistance Agreement (F-SS43)
- Placement Agreement with Adoptive Parent(s) (F-SS42)
- Copy of relinquishment(s)
- Order(s) for Termination of Parental Rights
- Consent for adoption
- Final adoption decree
- Copy of new birth certificate
- Copy of new social security card
- Annual Review Form for Adoption Assistance/Subsidy (F-SS46)
- Copy of initial and updated (if amount renegotiated) payment authorizations (complete history is found in WYCAPS)
- Medicaid Renewal/Change Report – Foster Care/Subsidized Adoption (F-SS607)
- If the child moves out-of-state – copy of cover letter or other documentation showing the state office was notified of the move and asking for ICAMA services
- IV-E Subsidized Adoption Eligibility Checklist (F-SS44)
- IV-E foster care file, if the child was eligible for IV-E foster care
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1 Social Security Act/Title IV-E
2 Social Security Act/Title IV-E
3 Independent Living Policy 3.4.1
4 ICPC/ICAMA Policy 2.7
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Permanency POLICY: Adoption Archiving POLICY NUMBER: 3.2.2 |
EFFECTIVE DATE: January 14, 2013 | Current: 1/13 Revised: 2/08, 3/10, 1/13 Original: 9/07 (Transmittal Letter) |
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 DEPARTMENT OF FAMILY SERVICES | CHAPTER: Permanency POLICY: Legal Guardianship POLICY NUMBER: 3.3 |
EFFECTIVE DATE: January 14, 2013 | Current: 1/13 Revised: 10/02, 3/10, 1/13 Original: 2/99 |
A. Purpose
A legal guardian is an individual who is authorized by the court to control the person of a minor. Guardianship is designed to provide protection to the child(ren)/youth who is deprived of the natural guardianship of his/her parents. 1 Legal guardianship involves the transfer of legal responsibility for a child(ren)/youth in the Department of Family Services (DFS) custody to a private caregiver who becomes the legal guardian of the child(ren)/youth.
Legal guardianship shall not be initiated until reasonable efforts have been exhausted to reunite the child(ren)/youth with their family, and DFS documented adoption is not in the best interest of the child(ren)/youth. DFS may proceed for good cause to seek a legal guardian without parental consent provided legal notice is given of the legal guardianship petition hearing. 2
B. Procedure
The DFS Caseworker shall:
1. Complete a Family Service Plan (F-SS9b) with guardianship as the permanency goal once guardianship is identified as the best permanency option for the child(ren)/youth.
2. Immediately make a referral for legal assistance to establish the guardianship to the attorney general’s (AG) office when ordered by the court to proceed to legal guardianship or the decision to proceed to legal guardianship is identified as the permanency goal. 3
3. Assure child(ren)/youth is currently placed with an appropriate prospective legal guardian, or if the current placement is not interested in doing a legal guardianship, make changes as appropriate. DFS gives preference to an adult relative caregiver over a non-related caregiver when determining a placement for a child(ren)/youth, provided the adult relative caregiver meets all relevant child protection standards. 4
4. Assure all of the following requirements are met before the legal guardianship is finalized:
a. Child(ren)/youth is under 18 years of age and has been in the legal custody of DFS immediately prior to establishing the legal guardianship;
b. The child(ren)/youth 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 legal guardianship. However, the six (6) months placement requirement may be waived for sibling groups when at least one (1) sibling meets all legal guardianship requirements;
c. Reunification of the child(ren)/youth with his/her parent(s) and adoption has been ruled out as permanency goals despite reasonable efforts have been made to reunite the family or to seek adoption of the child(ren)/youth;
d. The child(ren)/youth 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(ren)/youth;
e. Child(ren)/youth age 14 years of age and older has participated in creating the legal guardianship arrangement and signed the Family Service Plan; 5
f. The legal guardian(s) is able to support the child(ren)/youth financially or is able to with the assistance of a subsidy or other resources which may be available to the child(ren)/youth. 6
g. In most cases, the prospective legal guardian(s) is already an approved adult relative home or a certified foster home, and the following requirements have already been met. If not, the requirements shall be completed. Approval of a prospective legal guardianship home, at a minimum shall include:
1) A completed application from the family Application to Care for Children (F-SS61);
2) The prospective legal guardian(s) must be over the age of 21 years unless the age requirement has been waived by the DFS District Manager (i.e. establishing a legal guardianship with an adult sibling who is 18 – 21 years of age is in the child(ren)/youth’s best interest);
3) Five (5) references which consist of two (2) from relatives and three (3) from non-relatives;
4) Home study;
5) Completion of a Health and Safety Checklist (F-SS54); and
6) All background check requirements for all adults living in the home shall be completed.
5. Explore with the prospective legal guardian(s) the types of support and resources which may be available to him/her, or he/she needs including, but not limited to, TANF/POWER, guardianship subsidy, Medicaid, child support, and/or social security.
6. Have the prospective legal guardian(s) complete the Application for Guardianship Subsidy and/or Waiver (F-SS47). 7
1 W.S. 3-1-101 through 3-1-111
2 W.S. 3-2-102
3 Establishing a Legal Guardianship Policy 3.3.1
4 Diligent Search Policy 2.2; and Authority for Placement and Placement Process Policy 2.1
5 Family Service Plan 1.6
6 and 7 Guardianship Assistance/ Subsidy Agreement Policy 3.3.2
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Permanency POLICY: Establishing a Legal Guardianship POLICY NUMBER: 3.3.1 |
EFFECTIVE DATE: January 14, 2013 | Current: 1/13 Revised: 10/02, 3/10, 1/13 Original: 2/99 |
A. Purpose
The Attorney General’s (AG) office provides legal assistance to the Department of Family Services (DFS) to establish legal guardianships for child(ren)/youth in DFS custody. The AG’s office reviews legal guardianship requests for appropriateness and prepares all necessary petitions and filings. This policy outlines the procedures to make a referral to the AG’s office for assistance in establishing a legal guardianship.
B. Procedure
1. Once a determination is made to proceed with legal guardianship or a court orders DFS to proceed with legal guardianship, the DFS Caseworker shall immediately complete and submit a Notification of Guardianship Request (F-SS47b) to the AG’s office. Requests to establish a permanent legal guardianship for a child(ren)/youth who will emancipate from care and is unable to manage his/her own affairs due to a developmental and/or emotional disability shall be submitted to the AG’s office at least six (6) months prior to the child(ren)/youth turning 18 years old. The DFS Caseworker shall review the file for completeness and make sure the file is up-to-date.
2. The DFS Caseworker shall complete and submit the Guardianship Information Sheet (F-SS47c) to the AG’s office within seven (7) calendar days of submitting the Notification of Guardianship Request (if the information was not previously submitted to the AG’s office with the Notification of Guardianship Request) along with copies of:
a. Original juvenile court petition;
b. Current order maintaining the child(ren)/youth in DFS custody;
c. Current Multi-Disciplinary Team (MDT) report;
d. Current Family Service Plan (F-SS9b)and/or Youth Empowered Success (YES) Case Plan 1 indicating permanency goal(s) and why legal guardianship is appropriate;
e. Copy of the home study or home study update on the prospective legal guardian(s). (This is not needed if legal guardianship request is for an emancipating child(ren)/youth); and
f. If a permanent legal guardianship is being requested for an emancipating child(ren)/youth, attach documentation from a physician the child(ren)/youth is unable to manage his/her own affairs.
3. The AG’s office will review the information and make a determination if legal guardianship is legally appropriate. The DFS Caseworker shall communicate monthly with the AG’s office regarding the status of the legal guardianship. If legal guardianship is appropriate, the AG’s office will draft a Petition for Guardianship, Consent to Guardianship for the parent(s) and an Affidavit and Consent to Guardianship for the proposed legal guardian(s). These documents will be sent to the DFS Caseworker.
4. The DFS Caseworker shall obtain the signature of the prospective legal guardian(s) and parent(s) on the appropriate document within two (2) weeks of receipt and return the signed documents to the AG’s office. If signature(s) cannot be obtained within two (2) weeks, the DFS Caseworker shall immediately inform the AG.
5. Once the signed documents are returned to the AG’s office, it will file the Petition for Guardianship and proceed with obtaining an Order appointing Guardian. If a hearing is required, the AG’s office will notify the DFS Caseworker of the date and time of the hearing. If it is to be a contested legal guardianship, the AG’s office will meet with the DFS Caseworker at least two (2) to four (4) weeks before the hearing.
1 Family Services Plan/YES Case Plan Policy 1.6
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Permanency POLICY: Legal Guardianship Assistance/Subsidy Agreements POLICY NUMBER: 3.3.2 |
EFFECTIVE DATE: January 14, 2013 | Current: 1/13 Revised: 10/02, 3/10, 1/13 Original: 2/99 |
A. Purpose
The Department of Family Services (DFS) has chosen to implement a legal guardianship assistance/subsidy program. If the legal guardian’s financial concerns are the only barrier to processing a legal guardianship, DFS may negotiate a legal guardianship assistance/subsidy.
B. Procedure
1. DFS cannot provide a legal guardianship assistance/subsidy for a child(ren)/youth who was not in DFS custody when the legal guardianship was established.
2. The DFS Caseworker and/or supervisor shall have the prospective legal guardian(s) submit an Application for GuardianshipSubsidy and/or Waiver (F-SS47), if not already submitted, when the permanency goal becomes legal guardianship and the prospective legal guardian(s) is identified.
3. The DFS Caseworker and/or Supervisor shall develop a Guardianship Assistance Agreement (F-SS47a) with the prospective legal guardian(s) if he/she has applied for a legal guardianship assistance/subsidy. The Guardianship Assistance Agreement (F-SS47a) shall be completed and signed before the legal guardianship is finalized. Legal guardianship assistance/subsidy shall not be paid if the Guardianship Assistance Agreement was not finalized prior to finalization of the legal guardianship.
4. DFS shall refer to the current FSD Rate Memo to find the assistance/subsidy payment range that can be negotiated with the prospective legal guardian. The following procedure shall be used to negotiate the amount of the legal guardianship assistance/subsidy.
a. The DFS Caseworker shall complete the Needs Based Care Assessment for Children in Foster Care - Age One Day Through 12 Years (F-SS66) or the Needs Based Care Assessment for Children in Foster Care - Ages 13 Years and Over (F-SS67) with the prospective legal guardian if the child(ren)/youth has special needs to determine if there is a “difficulty of care” level, and if applicable, the level of care needed.
b. DFS shall calculate the maximum range of the legal guardianship assistance/subsidy that can be negotiated by using the FSD Rate Memo to find the “legal guardianship assistance/subsidized” rate, and if applicable, add the Level of Need rate (as determined in B.4.a.).
c. DFS shall deduct any income that is or may be available to the child(ren)/youth including, but not limited to, child support, social security, and/or veteran’s administration from the maximum range (as found in B.4.b).
d. The range that can be negotiated for the legal guardianship assistance/subsidy is from zero dollars to the maximum range as determined in B.4.c. Refer to the FSD Rate Memo and DFS District Manager for any other approval requirements before finalizing the amount of the legal guardianship assistance/subsidy. Under no circumstances shall the legal guardianship assistance/subsidy exceed the foster care maintenance payment which would have been paid on behalf of the child(ren)/youth if the child(ren)/youth had remained in a foster family home.
e. The Guardianship Assistance Agreement (F-SS47a) shall be completed by the legal guardian(s) and the DFS Caseworker and shall be signed by all parties, including the DFS District Manager, prior to finalization of the legal guardianship.
5. A legal guardian(s) may apply for TANF/POWER or for the legal guardianship assistance subsidy for the child(ren)/youth, but may not receive both. The legal guardian(s) should apply for whichever program will best meet the needs of the child(ren)/youth.
6. In many cases child(ren)/youth in a legal guardianship will be eligible for Medicaid or other state medical programs. The DFS Caseworker shall refer families taking legal guardianship of child(ren)/youth to the benefit specialist staff in the local DFS office to apply for medical assistance.
7. Once a DFS legal guardianship assistance /subsidy is established, the agreement shall remain in effect as long as the legal guardian(s) is:
a. Using the assistance/subsidy to provide for the care and support of the child(ren)/youth; and/or,
b. Following all requirements of the Guardianship Assistance Agreement which includes an annual review of the needs of the child(ren)/youth in care of the legal guardian(s).
8. The DFS legal guardianship assistance/subsidy may be suspended or terminated if the legal guardian(s) is not using the legal guardianship assistance/subsidy to provide for the care and support of the child(ren)/youth and/or meeting all of the requirements in the Guardianship Assistance Agreement.
9. The DFS caseworker shall assure the Annual Review Form for Subsidized Guardianship (F-SS48) is completed annually. Prior to renewing the subsidy, the DFS caseworker and DFS District Manager shall review the Guardianship Assistance Agreement (F-SS47a) and sign the Annual Review Form for Subsidized Guardianship (F-SS48). The Guardianship Assistance Agreement may be adjusted at the annual review following the negotiation procedures.
10. Funding for the state funded legal guardianship assistance/subsidy program is contingent upon the availability of state money and is subject to termination at the annual review if funds are not available.
11. DFS cannot fund the adoption of the child(ren)/youth or enter into an adoption subsidy agreement once a legal guardianship has been finalized and/or the child(ren)/youth is no longer in DFS custody.
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Permanency POLICY: Independent & Transitional Living POLICY NUMBER: 3.4.1 |
EFFECTIVE DATE: September 28, 2015 | Current: 9/15 Revised: 5/08, 3/10, 9/10, 1/12, 1/13, 9/15 Original: 4/04 |
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
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Case Closure POLICY: Case Closure POLICY NUMBER: 4.1 |
EFFECTIVE DATE: January 14, 2013 | Current: 1/13 Revised: 9/04; 1/13 Original: 6/98 |
A. Purpose
Case closure is the process of ending the relationship between the Department of Family Services (DFS) Caseworker and the family. Case closure occurs when it has been determined that the child(ren)/youth can safely remain or return to the parent(s) home or the child(ren/youth has been placed into another permanent placement, including living with kin or adoption. Case closure also occurs when the child(ren)/youth no longer presents a risk of harm to self or others, including risk to the community, there is a court order to dismiss the case, or when the child(ren)/youth has become emancipated from the system.
B. Procedure
1. Key Decisions and Core Values to close a case
a. Safety and Risks have been assessed and are managed outside DFS. The family has support and services within their community to maintain family and community safety, permanency, and well-being.
b. The family is ultimately responsible for their own safety, permanency and well-being.
c. For independent living youth, services are in identified and in place for the youth to be successful.
d. A reduced likelihood of recidivism can be shown by domain on the Positive Achievement Change Tool (PACT) Assessment.
2. Expected Outcomes for the Child(ren)/Youth and Family
a. The DFS Caseworker can demonstrate with reasonable surety that the child(ren)/youth and community are no longer at risk based on an assessment of the child(ren)/youth and family. 1
b. Goals of the Family Service plan and/or Youth Empowered Success (YES) Case Plan have been achieved.
c. Reunification or alternate permanency plan is achieved.
d. Child(ren)/youth and his/her family have been linked with community resources.
3. Steps in Case Closure
a. Review the Family Service plan and/or YES Case Plan to determine goal completion/achievement. 2
1) Planning for closure shall begin when developing the Family Service plan and/or YES Case Plan with the child(ren)/youth and family.
2) The goals and objectives in the Family Service plan and/or YES Case Plan shall define at what point services will be ended, based upon achievement of mutually agreed upon goals and objectives.
3) A time-line for case closure should be discussed with the family.
b.The DFS Caseworker shall assess current safety and risk factors.
If risk factors are present, the DFS Caseworker shall identify how are and will continue to be managed.
c. The DFS Caseworker shall ensure the child(ren)/youth and family have adequate community linkages, including identification of any transitional services the child(ren)/youth and family may require and where to obtain the services.
d. The DFS Caseworker shall discuss case closure/termination with his/her Supervisor prior to further recommendations and discussions regarding case closure/termination with the child(ren)/youth and family, District/County Attorney, and the juvenile court.
e. The DFS Caseworker shall create with the child(ren)/youth and family a crisis plan, meaning a “what if” plan, which includes actions the parent(s), caregiver(s), and child(ren)/youth can take to get assistance.
1) During case closure discussions, it is helpful to talk with families about the future: what problems are likely or possible to recur; what are the signs that problems are brewing; what skills and support systems which they have put in place can be used to stave off problems or if they occur, to deal effectively with them.
f. The DFS Caseworker shall request case closure/termination to the district/county attorney and juvenile court via an affidavit or letter, as a case may not be closed until the court issues an order for closure/case termination.
1) If the DFS Caseworker does not receive a response or order for closure/termination from the court in 30 days, the case may be staffed with his/her Supervisor and referred to the Attorney General’s office for assistance in obtaining the closure/termination order.
g. Notification of case closure must be made to the Benefits Specialist assigned the case when the case involves out of home placement of the child(ren).
1 PACT Assessment 1.2 or Safety Assessment 1.2.1 and/or Risk Assessment 1.2.2
2 Family Service Plan/Youth Empowered Success Case Plan Policy 1.6
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: IV-E POLICY: IV-E Adoption POLICY NUMBER: 5.2 |
EFFECTIVE DATE: January 1, 2018 | Current: 1/18 Revised: 7/11; 1/18 Original: 7/11 |
A. PURPOSE
The IV-E Subsidized Adoption Assistance Program (IV-E SA) 1 is designed to place children who are legally free for adoption or have adoption as their goal. The program includes adoption subsidies for special needs children to facilitate adoption.
Title IV-E Subsidized Adoption Assistance is financial and medical assistance to families who adopt a child who is difficult to place because of special needs and who meets the other eligibility requirements for participation.
Title IV-E Subsidized Adoption Assistance is intended for financial needs of the special needs child including maintenance costs, medical and surgical treatment, costs incurred for the adoption, training, care, education and counseling of the child.
B. PROCEDURE
1. Application Process
a. The DFS Caseworker and Supervisor shall notify the IV-E Benefit Specialist once it is determined an Adoption Assistance/Subsidy is necessary to facilitate the adoption of a special needs child. The DFS Caseworker and IV-E Benefit Specialist shall jointly complete the IV-E Subsidized Adoption Eligibility Checklist (F-SS44) indicating:
1) Whether or not the child qualifies for a IV-E adoption subsidy; and
2) If eligible for an IV-E adoption subsidy, whether the child qualifies under the applicable child or non-applicable child requirements.
b. The DFS Caseworker shall prepare and provide completed and unsigned drafts of the Application for Adoption Assistance and/or Waiver (F-SS41) and Adoption Assistance Agreement (F-SS43) to the IV-E Benefit Specialist for review.
c. The IV-E Benefit Specialist shall:
1) Review the completed, unsigned drafts of the Application for Adoption Assistance and/or Waiver (F-SS41) and Adoption Assistance Agreement (F-SS43) and notify the DFS Caseworker if additional information or documentation is needed to complete the IV-E eligibility determination and if any corrections need to be made to the draft forms, including assuring the appropriate box regarding IV-E eligibility is checked on the Adoption Assistance Agreement (F-SS43);
2) Obtain copies of the final Application for Adoption Assistance and/or Waiver (F-SS41), Adoption Assistance Agreement (F-SS43) and adoption decree once the adoption is finalized if the child is eligible for IV-E adoption subsidy.
a) Close the EPICS case with the appropriate code:
(1) 4S code if eligible for IV-E adoption assistance as a non-applicable child; or
(2) 4A code if NOT eligible for IV-E adoption assistance as a non-applicable child.
b) Enter documentation in the IV-E foster care case file and narrative of the verification of eligibility factors, the action taken and the reason for the action.
c) Provide the IV-E foster care casefile to the DFS Caseworker to maintain with the adoption subsidy file.
c. The DFS Caseworker shall:
1) Enter the eligibility data on the adoption screens in WYCAPS and update narrative documenting IV-E eligibility;
2) Place a copy of the completed IV-E Subsidized Adoption Eligibility Checklist (F-SS44) in the adoption subsidy file along with any other documentation required to determine eligibility;
3) Provide a copy of the final Application for Adoption Assistance and/or Waiver (F-SS41), Adoption Assistance Agreement (F-SS43) and adoption decree to the IV-E Benefit Specialist if the child is eligible for IV-E adoption; and
4) Place a copy of the final Application for Adoption Assistance and/or Waiver (F-SS41), Adoption Assistance Agreement (F-SS43) and adoption decree in the adoption subsidy file once the adoption has been finalized.
2. Eligibility Requirements
a. Citizenship - Child shall be a United States citizen or a qualified immigrant at the time adoption proceedings were initiated. (Refer to IV-E foster care policy).
b. Child – For the adoption assistance program, “child” is a person who is under the age of 18 at the time DFS and the prospective adoptive parent enter into the adoption assistance agreement.
c. Special Needs –The adoption assistance file shall contain a copy of the Application for Adoption Assistance and/or Waiver (F-SS41) which has all of the appropriate special needs requirement boxes checked and is signed and dated prior to the finalization of the adoption.
d. Adoption Assistance Agreement – Meets all of adoption assistance agreement requirements. The IV-E adoption assistance file shall contain a copy of the completed Adoption Assistance Agreement (F-SS43) which 2:
1) Was signed by the adoptive parent(s) and representatives of DFS and is in effect before adoption assistance payments are made under title IV-E, but no later than the finalization of the adoption;
2) Specifies the duration of the agreement;
3) Specifies the amount of the adoption assistance payments (if any) and the nature and amount of any other payments, services and assistance to be provided (including non-recurring adoption expenses in agreements for expenditures incurred by the parents); and
4) Specifies the child’s eligibility for Title XIX and Title XX.
e. Child meets all of the eligibility requirements as either an applicable child and/or non-applicable child as specified below.
1) Non-applicable child - A child for whom an adoption assistance agreement is entered into, and who met all Title IV-E eligibility criteria for the current episode of foster care which will end when this adoption is finalized; or
2) Applicable child – Any other child for whom an adoption assistance agreement is entered into.
f. The child/youth, at the initiation of the adoption proceedings:
1) Had to be in the legal custody of the Department of Family Services, a child placement agency certified by the state of Wyoming, or Indian tribal organization pursuant to:
a) An involuntary removal with a judicial determination that it was contrary to the welfare of the child to remain in the home or it was in the best interest of the child to be removed from the home, or
b) A voluntary placement agreement. (For an applicable child, a Title IV-E foster care payment does not have to have been made.)
OR
Applicable Child | Non-Applicable Child |
2) The child meets all of the medical or disability requirements to qualify for Supplemental Security Income (SSI). The child does not have to meet other SSI eligibility requirements. 3
OR |
2) The child was eligible for Supplemental Security Income (SSI) programs under the Social Security Act before the adoption was finalized (an SSI payment does not have to have been made). 4
OR |
3) The child was residing in a foster home or child care institution with the child’s minor parent, and the child’s minor parent was in DFS custody pursuant to f)1) and has been determined by the state to be a child with special needs. | 3) The child’s parent was in foster care and receiving Title IV-E funds that covered both the parent and child when the adoption was initiated. |
3. Dissolved adoptions - A child/youth remains eligible for IV-E adoption assistance if he/she was receiving IV-E adoption assistance and becomes available for adoption again because the prior adoption has been dissolved and the parental rights of the adoptive parent(s) have been terminated or because the child’s adoptive parent(s) have died as long as the child meets the special needs requirements. The child/youth continues to receive an adoption subsidy using the same funding stream as determined when he/she was first adopted. The new adoptive family shall be an approved home as specified in Policy 3.2 – Adoption Policy.
4. If the child does not qualify for a federal IV-E Adoption Subsidy, refer to 3.2 - Adoption Policy and 3.2.1 - Adoption Assistance/Subsidy Agreements to determine if they qualify for Wyoming State Adoption Assistance.
5. Refer to 3.2 - Adoption Policy and 3.2.1 - Adoption Assistance/Subsidy Agreements for on-going eligibility requirements and any further requirements for adoption subsidies.
1 Adoption Assistance & Child Welfare Act of 1980 (PL 96-272), under Title IV-E Section 473 of the Social Security Act
The Tax Reform Act of 1986 (PL 99-514)
The Adoption and Safe Families Act of 1997 (PL 105-89)
The Deficit Reduction Act of 2005 (PL 109-171)
The Adam Walsh Child Protection & Safety Act of 2006 (PL 109-248)
The Fostering Connections to Success and Increasing Adoption Act of 2008 (PL 110-351)
The Preventing Sex Trafficking and Strengthening Families Act of 2014 (PL 113-183)
45 CFR 1356.40-1356.41
Social Security Act Sections 42USC671-679
Wyoming State Statutes, W.S. 1-22-101 through 1-22-117 (as amended)
Rules and Regulations Governing Adoption, Final April 2015
Children’s Bureau – Child Welfare Policy Manual
2 The adoption assistance agreement meets the requirements of section 475(3) of the Social Security Act
3 42U.S.C.673(c)(2)(B)
4 42U.S.C.673(a)(2)(A)(i)(I)(bb)
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Foundations of Practice POLICY: Confidentiality POLICY NUMBER: 1.2 |
EFFECTIVE DATE: September 2007 | Current: 9/07 Revised: Original: |
A. Purpose
All DFS child protection case files are confidential by law. Only those individuals and agencies specified in the Child Protective Services Act may have access to these files, and then only for purposes directly related to the administration of this Act. W.S.14-3-201 states:
- The purpose of W.S. 14-3-201 through 14-3-215 is to protect the best interest of the child or a disabled adult, to further offer protective services when necessary in order to prevent any harm to the child or any other children living in the home or to a disabled adult, to protect children or disabled adults from abuse or neglect which jeopardize their health or welfare, to stabilize the home environment and to preserve family life whenever possible.
Workers have the freedom to communicate their concerns, assessments, plans and other casework issues to parents or legal guardians. Such communication shall occur within the context of the casework process. The Department will share file information with parents and others specified by law when it is clear such sharing is in the best interests of the child.
The identity of the referral source on any child protection case shall not be shared.
Department of Family Services personnel may discuss family/individual case information with persons or agencies involved when it is clear to the Department the discussion will further the purposes of the Child Protective Services Act. The sharing of information shall be conducted in a professional manner and shall not be done in the presence of either non-agency personnel or persons or agencies not listed in W.S.14-3-214. Access to electronic file information shall be limited to DFS employees conducting official business and consistent with W.S. 14-3-214.
If a field office receives a court order to release case file records, the field office must comply with the court order, but shall immediately inform the Attorney General, the Region Manager and the Field Operations Manager in writing following receipt of the order, including a copy of the order to each. Frequently, the courts in such instances will release portions of child protection files following in camera inspection.
If the field office receives a subpoena, which is a document issued by order of the court, the field office shall immediately contact the Attorney General for assistance. FAX the subpoena to the Attorney General and Region Manager. Subpoenas of staff or records do not have the same authority as court orders, and the Attorney General may attempt to quash or nullify the subpoena. All telephone requests should be followed by a letter to both the Attorney General and the Region Manager.
B. Procedure
The procedure for accessing DFS abuse/neglect case files does not preclude required information sharing as outlined in the CPS Rules or statutes but shall be followed for access to files which extends beyond the scope of CPS Rules. If a court order is received requesting the release of the contents of a file, this form and procedure is not required.
Access to case files is permitted under limited circumstances as defined in W.S. 14-3-214. Persons who may be given access to DFS abuse/neglect case files are:
1. A law enforcement agency, guardian ad litem, child protection team or the attorney representing the subject of the report;
2. A physician or surgeon who is treating an abused or neglected child, the child's family or a child he reasonably suspects may have been abused or neglected;
3. A person legally authorized to place a child in protective temporary custody when information in the report or record is required to determine whether to place the child in temporary protective custody;
4. A person responsible for the welfare of the child (includes 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);
5. A court or grand jury upon a showing that access to the records is necessary for the determination of an issue, in which case access shall be limited to in camera inspection unless the court finds public disclosure is necessary; and
6. Court personnel who are investigating reported incidents of child abuse or neglect.
A written Application for Access to Abuse/Neglect Case File form SS-31 must be received by the county office which has jurisdiction of the case file. The request is approved or denied by the county manager or his designee. Access shall only be granted in compliance of state law and for the purposes directly related with the administration of the Child Protective Services Act, W.S. 14-3-201-14-3-215. The approved SS-31 shall be dated and placed in the case file. Upon approval, the applicant may make notes from the information contained in the file. At no time shall the file be removed from the DFS office by an applicant. All access by an applicant shall be supervised by DFS to assure:
1. No papers are removed from the file and;
2. No tampering with the file occurs.
All information concerning the following shall be redacted or removed from the file before access takes place:
1. Name or identity of the reporter
2. HIV status of any subject in the case file
3. Address of a victim whose safety may be at risk
4. 3rd party reports contained in the case file such as but not limited to:
a. Law enforcement reports
b. IEPs
c. Psychological or substance abuse evaluations
d. Medical reports
REQUEST FOR CPS FILE ACCESS
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Standards POLICY: Case File Standardization POLICY NUMBER: 2.1 |
EFFECTIVE DATE: April 2004 | Current: 4/04 Revised: Original: |
A. Purpose
Case files organize materials and documentation concerning the Departments involvement with an individual, child, family, or foster family. Case name should be derived from the head of household in CPS cases and the juvenile listed on the court order in JS cases.
B. Procedure
Standardization of Case Files for Child Protection Services and Juvenile Services shall be as follows:
When utilizing Department forms the file must contain a hard copy even when an electronic copy already exists. Electronic templates of SS forms may not be altered.
Location of Information Received: the following items shall be filed in the case file under specific tabs:
SERVICE PROVISIONS Monthly Worker Contact Form Monthly report from foster parent/facility Electronic monitor reports Discharge summaries Reports from therapists Incident Reports Placement forms Placement Application Family Partnership Meeting Notes and Paperwork |
NARRATIVES Printed |
SUBSTANTIATED INVESTIGATION(S) SS-1 SS-2 SS-3 SS-5 SS-6 SS-12 SS-18 SS-27 |
PROBATION/RESTITUTION Probation reports UA reports (child/parent) Travel permits Liability release Conditions of Supervision ISP Application ISP agreement (on top of pink tab) Weekly schedules Visitor Requests Violation reports Letters to victims for restitution Restitution receipts Payment agreements Police Reports New violations & offenses |
UNSUBSTANTIATED INVESTIGATION(S) SS-1 SS-2 SS-3 SS-5 SS-6 SS-12 SS-18 |
PREDISPOSITION REPORTS HOME STUDY/SOCIAL SUMMARY Completed PDR Social Summary Home Study Record request results Copies of tickets |
CASE PLAN/ COURT ORDERS/ REVIEWS All court documents Written reviews conducted by case worker Child support court orders MDT Reports Petition/Affidavits Case Plan (On Top of Pink Tab) SS-8-Case plan conference scheduling Placement Attachment Adoption Data SS-43 SS-44 SS-46 SS-47 SS-48 |
CORRESPONDENCE Letters received Letters sent Pictures of evidence |
EVALUATIONS/ASSESSMENTS Psychological Evaluation Referral Form Psychological evaluations Risk Assessments Safety Assessment Youth Assessment Family Social History and Assessment Family Assessment Tool Ansel Casey Life Skills Assessment CPS Assessment |
SCHOOL REPORTS IEP report Grade reports Discipline reports from school Attendance reports Transcripts Diploma Extra Curricular Activities schedules Incident reports GED info Early intervention (educational) assessments Preschool reports |
CONTRACTS/AUTHORIZATIONS Contracts |
MEDICAL REPORTS/ ELIGIBILITY Social Security Card Copy Birth Certificate Copy Immunizations DFS 501 DFS 543 DFS 100 Financial Affidavit Indian Tribal Enrollment Cards All medical reports received Social Security Paperwork Mental Health Reports |
CPC/ICJ AND RELEASE OF INFORMATION ICPC correspondence (ICPC-100A, ICPC100-B, any letter received or sent) ICJ correspondence Release of information |
Additional Volumes: The following items shall be filed in a new case file when an additional volume is created.
SERVICE PROVISIONS | NARRATIVES Printed |
SUBSTANTIATED INVESTIGATION(S) | PROBATION/RESTITUTION UA reports (child/parent) Conditions of Supervision ISP Application ISP agreement (on top of pink tab) Weekly schedules Visitor Requests |
UNSUBSTANTIATED INVESTIGATION(S) | PREDISPOSITION REPORTS HOME STUDY/SOCIAL SUMMARY |
CASE PLAN/ COURT ORDERS/ REVIEWS Most recent court documents Most recent reviews conducted by case worker Most recent Case Plan (On Top of Pink Tab) Adoption Data SS-43 SS-44 SS-46 SS-47 SS-48 |
CORRESPONDENCE |
EVALUATIONS/ASSESSMENTS | SCHOOL REPORTS Most current grade reports |
CONTRACTS/AUTHORIZATIONS Contracts |
MEDICAL REPORTS/ ELIGIBILITY Social Security Card Copy Birth Certificate Copy Immunizations |
ICPC/ICJ AND RELEASE OF INFORMATION ICPC correspondence (ICPC-100A, ICPC100-B, any letter received or sent) ICJ correspondence Release of information |
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Standards POLICY: Case Record POLICY NUMBER: 2.2 |
EFFECTIVE DATE: September 2007 | Current: 9/07 Revised: 9/07 Original: 8/99 |
A. Purpose
An accurate record of information must be maintained on each child protection and juvenile services case with the Department of Family Services. Case files are the responsibility of the field office providing services and information will be released only to those authorized by appropriate statute and regulation.
B. Procedure
Administrative staff will be responsible for initiating and developing the child protection and juvenile's case file. Existing Department of Family Services procedures concerning file maintenance, location, transfer and storage will be followed.
1. Child Protection Services Cases
a. A case file shall be initiated by an intake, shelter care hearing, court order and/or consent decree.
b. Case files will contain, but not be limited to:
1) Intake;
2) Assessments (Safety, Risk/Reassessment, Family, etc.);
3) Police Reports;
4) Predisposition report for abuse/neglect;
5) Family Service Plan;
6) Face to face monthly contact forms;
7) SS-2, SS-5 and SS-6;
8) Court orders (Shelter Care, Initial, etc.);
9) Psychological Evaluations;
10) Quarterly progress reports;
11) All appropriate background and corroborating information;
12) All appropriate correspondence and inquiries;
13) Contract authorizations/contracts;
14) Fair Hearing/Appeal documents;
15) Narrative.
c. If a child(ren) is placed in foster care or a treatment program during the period of a case, appropriate materials shall be in the file, including, but not limited to:
1) Social Security Card, birth certificate, Medicaid packet and Photo;
2) School records/IEP;
3) Medical records/Immunizations Records;
4) Mental Health records;
5) Diligent search for absent parent and relatives/kin;
6) Home study/reports;
7) Foster Home Certificate
8) All Interstate Compact materials, if applicable.
d. Case files shall be closed upon family not wanting services, goal achieved, court order or permanency goal achievement (adoption/guardianship, etc).
2. Juvenile Services Cases
a. A case file shall be initiated upon request for a predisposition investigation or probation supervision is initiated through a consent decree.
b. Case files will contain, but not be limited to:
1) Intake;
2) Predisposition report;
3) Supervision granting authority, i.e., court order, etc.;
4) Signed conditions of supervision;
5) Assessments/ Safety/Risk-YFS, Psychological Evaluations;
6) Record of contacts-Narrative/ Face to face monthly contact forms;
7) Urinalysis (UAs), if applicable
8) Police Reports;
9) Family Service Plan;
10) Quarterly progress reports;
11) All appropriate background and corroborating information;
12) All appropriate correspondence and inquiries;
13) Contract authorizations/contracts
c. If a child(ren) is placed in a treatment program, WBS/WGS or foster care during the period of a case, appropriate materials shall be in the file, including, but not limited to:
1) Social Security Card, birth certificate, Medicaid packet and
Photo;
2) School records/IEP;
3) Medical records/Immunizations Records;
4) Mental Health records;
5) Diligent search for absent parent and relatives/kin;
6) Home study/reports;
7) Foster Home Certificate
8) All Interstate Compact materials, if applicable.
d. If a juvenile is placed in a treatment program or institution during the period of supervision, appropriate file materials shall accompany the juvenile upon program entry.
e. Case files will be closed upon the juvenile's discharge by the court from further jurisdiction.
3. Youth Family Services/CHIN Cases
a. A case file will be initiated by an intake, a predisposition investigation or probation supervision court order, and/or consent decree.
b. Case files will contain, but not be limited to:
1) Intake;
2) Predisposition report;
3) Supervision granting authority, i.e., court order, etc.;
4) Signed conditions of supervision;
5) Assessments- Safety/Risk Assessments- YFS, Psychological Evaluations, MAYSI, etc;
6) Record of contacts-Narrative/ Face to face monthly contact forms;
7) Police Reports, if applicable;
8) Family Service Plan;
9) School Reports;
10) Quarterly progress reports;
11) Urinalysis (UAs), if applicable;
12) All appropriate background and corroborating information;
13) All appropriate correspondence and inquiries;
14) Contract authorizations/contracts
c. Case files will be closed upon the youth's goal achievement or discharge by the court from further jurisdiction.
4. Placement Cases (CPS/JS/YFS)
a. If a child(ren)/youth is placed in foster care, treatment program or WBS/WGS during the period of a case, appropriate materials shall be in the file, including, but not limited to:
1) Social Security Card, birth certificate, Medicaid packet and Photo;
2) School records/IEP;
3) Medical records including the 1st 30-day check-up/Immunizations Records;
4) Dental Records, including the 1st exam while in placement;
5) Other required records for the child(ren)/youth;
6) Mental Health records;
7) Diligent search for absent parent and relatives/kin;
8) Home study/reports;
9) Foster Home Certificate;
10) All Interstate Compact materials, if applicable.
b. If a child(ren)/youth is placed in a treatment program or institution during the period of supervision, appropriate file materials shall accompany them upon program entry.
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Standards POLICY: Methamphetamine POLICY NUMBER: 2.5 |
EFFECTIVE DATE: December 2004 | Current: 12/04 Revised: Original: |
A. Purpose
Ensure the protection and medical treatment of children exposed to Methamphetamine including those exposed through the process of manufacturing and/or decontamination.
B. Procedure
When use or manufacturing of methamphetamine is indicted, the following information from the reporter would be helpful (in addition to information required on Intake Form per CPS Intake Policy):
- Is there a high degree of adult traffic in the home?
- Is there drug paraphernalia present in the home?
- Are there weapons in the home?
- Is there evidence of surveillance equipment in the home?
- Can you describe the behavior of the adult who is abusing drugs (paranoia, abnormal sleeping patterns, aggression, and other abnormal or bizarre behavior)?
- Specific description of condition of household (safety hazards and the presence of any chemicals used to manufacture, or as a result of manufacture of methamphetamine in the household)?
- Is there adult drug abuse? Witnessed by whom? What is the level of exposure to the child(ren)?
- Does the child(ren) have direct access to the drugs or the manufacture of the drugs? Is the drug use or manufacture done in front of the child(ren)?
- Prior law enforcement involvement or contact with the family?
- Location of kids at point of referral?
- Adult employment?
- How does the referring party have this information, direct observer or was informed by whom?
Reports involving the use or manufacture of methamphetamine require an immediate response and shall be coordinated with law enforcement. Law enforcement involvement shall be coordinated by the supervisor, caseworker, and law enforcement designee for determination of an action plan for immediate response and investigation at the scene.
Caseworker responsibilities shall include:
- Caseworkers will not respond to any reports involving use or manufacturing of methamphetamine without the presence of law enforcement.
- Caseworkers shall come prepared with a change of clothing for the child(ren) (Child Comfort Supplies).
- Caseworkers shall come prepared with protective gear from their office.
1. Procedures at the scene:
A. Physical Environment:
Law enforcement agencies will take the lead on any investigations. Caseworkers will not respond to any reports involving methamphetamine laboratories without the presence of law enforcement. The lab site has to be secured by law enforcement. Although caseworkers respond to the scene they will be required to stay in the holding zone . Law enforcement will secure the area and remove the child(ren). Employee safety is of utmost concern in the handling of these cases. Caseworkers will not be allowed to enter a crime scene. Law Enforcement will continue with the investigation and provide necessary information regarding the dwelling to the caseworker, including photographs, video and written documentation.
B. Custody/Children:
Caseworkers should assume the primary role with respect to any children at the scene and continue with the child(ren) through the completion of the medical assessment until all children are in an appropriate placement. Children who are found at the scene of a methamphetamine lab should be taken into protective custody by law enforcement, the District Judge, or the Doctor who has completed the children’s examination and placed in the temporary custody of DFS. If an appropriate parent or guardian who has not been involved with the methamphetamine lab is available, the child(ren) may be returned to this person’s care, however, completion of decontamination and the physical exam should be completed. Placement consideration shall include traditional and non-traditional, KIN (family members).
In a confirmed lab, a child(ren) will have to go through a decontamination process facilitated by law enforcement and are required to be physically examined by a doctor/EMT or emergency room doctor at a hospital. Their clothing will be contaminated so it will be necessary to provide a change of clothing. Caseworkers should come prepared with a change in clothing (Child Comfort Supplies), or call their DFS office and have needed supplies for the children delivered to the site.
C. Transport When Injured or Contaminated:
Emergency Medical Systems should be called immediately to evaluate and/or transport the child(ren) to medical care when urgent health concerns and/or evident contamination of the child are present. Special attention should be given to:
-
-
- Breathing difficulty or distress, prolonged coughing, wheezing, gagging, dry or sore throat, pain or tightness in chest;
- Red, watering, burning eye(s);
- Burns, burning sensation on the skin;
- Strong smell of ammonia, cat urine, chlorine, or other chemical odors on the child(ren) or clothing;
- Unusual behavior (e.g., very sleepy or difficult to arouse in the daytime, overly stimulated, fidgeting, trembling, agitated).
-
IMPORTANT: If acute chemical irritation is present or suspected, immediate first aid should be given, including flushing eyes and/or skin with copious amounts of water.
D. Transport if NOT injured/contaminated
The child(ren) not injured or contaminated should be moved to a safe location immediately and transported to a children’s health care facility within two (2) hours and no longer than four (4) hours after identification. Children who will be decontaminated at the scene, may be transported after decontamination. The health history record, medication, and any health equipment used by the child(ren) and a child exposure record completed by law enforcement shall accompany the child(ren). A plastic bag or barrier should be used to protect any vehicle during transport.
E. Dealing with clothing
Contamination of the child(ren)’s clothing is to be expected (e.g., chemical staining, damage from corrosives), child(ren) should be decontaminated by EMS or hospital personnel following routine decontamination protocols. Special consideration should be given to the child(ren)’s privacy and dignity, and the child(ren) should immediately be provided with age-appropriate clothing. Contaminated clothing should be placed in a plastic bag by EMS or hospital personnel and returned to law enforcement for evidence collection and/or for proper disposal by environmental contractor. Contaminated clothing must not be removed from the scene.
F. Health history
The child(ren)’s health history should be obtained from parents, child, and/or any adults available at the scene by the caseworker. A signed release form should be obtained for medical records from any sources of health care. Check area thoroughly for child(ren)’s medication, medical equipment (e.g., nebulizer, glucometer), and glasses or contacts. Uncontaminated medication, equipment, glasses or contacts should accompany the child(ren).
G. Investigation
Caseworkers will not be allowed to enter a crime scene. Law Enforcement will continue with the investigation and provide necessary information regarding the dwelling to the caseworker, including photographs or video and written documentation.
The following are things however, the caseworker must do to help with the investigation:
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- Visual inspection of children after they have been de-contaminated if exposure is confirmed.
- Interview children away from adults/caretaker (determined by caseworker and lead investigator). Timing and location of interviewing children is determined on a case by case basis. All children found in a methamphetamine lab should be interviewed with a structured forensic interview conducted in a timely manner, usually within 48 hours, to gather more detailed information.
- Interview adults, separately. (Determined by caseworker and lead investigator). Caseworkers can participate in the interview with the perpetrator at the discretion of the law enforcement investigator. Be sure to inform the investigator of your information needs.
- Safety and risk assessments must be completed on accepted reports involving the use/suspected use or manufacturing of methamphetamine per CPS Safety Assessment Policy and Risk Assessment Policy (Social Services Manual, Chapter 4, Section D).
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The following are things however, the caseworker must do to help with the investigation:
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- Visual inspection of children after they have been de-contaminated if exposure is confirmed.
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Caseworkers shall obtain the following from law enforcement:
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- Information from the examination of inside the home, outside and unattached dwellings, specifically focusing on things that present hazards to children(e.g., evidence of chemicals or other hazards where children may crawl, eat, or touch, in the kitchen, near food or bottle, in bedrooms, bathrooms, refrigerator, and outside play areas). Measure proximity of hazards to area child(ren) occupy. Document findings from examination.
- Record of direct observations, including the child’s height and ability according to age and size to reach methamphetamine or paraphernalia. In addition, proximity and accessibility of child to other possible conditions of possible endangerment such as weapons or other possible hazards to the child’s overall well being.
- Photos and documented observations on sight. Photos should document the
physical condition of children if there is evidence of abuse, neglect,
contamination, or injury.
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Upon completion of a joint investigation of a report of methamphetamine use or manufacturing, the Department shall make a final determination in a written report as to whether a child was abuse or neglected. This determination shall be based upon whether the information and evidence gathered during the investigation constitutes credible evidence of child abuse or neglect.
2. Initial Case Management Services:
A. Safety Considerations & Protective Orders:
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- Substance Free, random urinary analysis
- Non-threatening/harassing behavior.
- Supervised visits in controlled setting by Caseworker or Social Service Aide.
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B. Interim Treatment Plan elements in Abuse and Neglect Petition.
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- Substance Abuse Evaluation
- Treatment resources and placement options for client with assessed substance abuse treatment needs.
- Random Urinary Analysis
- Decontamination of home or alternative living arrangements
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C. Case Coordination:
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- Debriefings with Law Enforcement Agency/District and County Attorney/Probation and Treatment collateral’s.
- Coordinate with the treatment provider for treatment and relapse planning.
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3. Protocol for the Use & Disposal of Protective Gear:
Caseworkers must use protective gear at the scene when EMS or hospital personnel request their assistance with the child(ren) before or during decontamination. Contaminated protective gear should be placed in a plastic bag by EMS or hospital personnel and returned to law enforcement for evidence collection and/or for proper disposal by environmental contractor. Contaminated protective gear must not be removed from the scene.
4. Protocol for the Use of Gasometers:
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- The gasometers must only be used in partnership with law enforcement; in conjunction with a court order/search warrant or permission of parents.
- Generally, any suspicious intake where methamphetamine use or manufacturing is suspected, consult with law enforcement.
- The gasometers may only be used by staff that are fully trained and certified competent in its operation and capabilities.
- A positive reading does not prove use or manufacturing of methamphetamine, however it indicates the need for further evidence gathering and safety precautions.
- The gasometers may be used in the certification process for foster homes. While the foster parents may not be suspected of use or manufacturing, they may reside in a home where methamphetamine has been used or manufactured (contaminated).
- If there is a positive reading, law enforcement shall take the lead in the investigation. The caseworker shall immediately remove themselves from the area and follow caseworker responsibilities and investigative procedures.
Please be advised if you are investigating another type of child maltreatment and discover strong indications of a Clandestine Lab remove yourself immediately from the home, contact law enforcement and then contact your supervisor. You must remain in the general area for law enforcement and potential decontamination if deemed necessary.
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Additional Policies POLICY: Social Services Certification POLICY NUMBER: 2.7 |
EFFECTIVE DATE: April 1, 2014 | Current: 4/14 Revised: 6/06, 4/09 Original: 3/03 |
A. PURPOSE
Social Services casework is a highly specialized and critical area of work, which requires training and professional supervision. Department of Family Services (DFS) Social Services Division (SSD) Caseworkers shall be trained in the area of child and adult protection issues as well as juvenile justice issues and successfully completes the SSD’s certification process in order to work cases. DFS Caseworkers who are not certified may work cases under the supervision of a certified Supervisor or District Manager. All SSD employees who work in the area of social services, at both the state office and local office, shall be trained and successfully complete and maintain certification.
B. PROCEDURES
1. Only staff that have completed social services certification will be assigned adult/child protective services and/or juvenile probation responsibilities. Certification shall be completed within twelve (12) months from the date of employment in the field. The District Manager may make an exception to the time requirement on a case-by-case basis with notification of the exception to the Social Services Administrator or designee. For state office staff, the Social Services Administrator may make an exception to the time requirement on a case-by-case basis. Certification is defined as having:
a. Attended and passed CORE training provided by the SSD.
1) All CORE training sessions are mandatory. If the trainee misses a training session, or a significant portion of a session, he/she shall be required to re-attend the session at the discretion of the trainer(s).
2) A minimum score of 80% shall be achieved on the written CORE training test. The test may be taken twice to achieve a passing score. If at that time a passing score has not been achieved, the trainee shall re-attend CORE training.
2. During the first (twelve) 12 months of employment, a new DFS Caseworker may provide social services under the supervision of a certified social services Supervisor or District Manager. A certified Supervisor or District Manager is defined as having achieved the requirements outlined in this policy.
3. “Supervision” is to occur on a consistent basis between the Supervisor and the Caseworker. Cases shall be reviewed and staffed during supervision to provide DFS Caseworkers with a different view as well, possible alternative actions and adherence to policy.
4. “Field experience” for DFS Caseworkers is defined as working in a county office for a period of one (1) year as a DFS Caseworker
5. “Field experience” for state office staff is defined as:
a. Spending a minimum of 80 hours within one (1) year in a local office with a focus on social service activities; and
b. Developing and completing a plan with the Social Services Administrator which:
1) Focuses on learning state-wide program objectives ; and
2) Is based on casework practice.
6. A “Request for Certification” (F-SS23) is to be submitted to the SSD Trainer once the staff person has successfully completed CORE training and the field experience. The form should be submitted by December 31st of each year.
a. The District Manager or designee shall submit the request on behalf of Caseworkers;
b. The Social Services Administrator or designee shall submit the request on behalf of state office staff;
c. SSD staff and Supervisor signatures on the form attest the information is accurate.
7. A minimum of twenty-one (21) hours of advanced training shall be completed each calendar year after initial certification to maintain certification status for adult and child protection and juvenile justice services as follows:
a. A minimum of six (6) hours is required for all staff specific to adult protective services and/or aging issues;
b. A minimum of six (6) hours is required for all staff specific to child protections issues;
c. A minimum of six (6) hours is required for all staff specific to juvenile justice issues.
d. Additional training hours achieved during the year cannot be applied to the training requirement for the following year. The annual training shall be reviewed jointly by the Supervisor and the employee and documented on the “Request for Continuing Certification” (F-SS24). The form shall be submitted to the SSD Trainer when completed, but no later than December 31st of each year. The Supervisor and employee shall meet periodically throughout the year to identify training needs, develop a plan to meet those needs and assure certification requirements are met by the end of the year.
e. Acceptable advanced training hours include:
1) Advanced training conferences provided by the DFS;
2) Any conference, in-service training, or local training covering issues approved by the District Manager or designee and the SSD Trainer;
3) Forms of self-study, such as correspondence work, televised courses, videotapes and books, with approval of the District Manager or designee, to update or enhance caseworker competence. Self-study by reading a book is counted as two (2) hours of training. Self-study is optional and can be used for a maximum of two (2) hours each year per discipline;
4) Academic courses and seminars given by an accredited university, college, or institution of higher education, with proof that the course is relevant to case work practice and with approval from the District Manager or designee that such course updates or enhances case work competency. Each credit hour is counted as 15 clock hours of training. For example, a three (3) credit hour course is counted as 45 clock hours.
8. A “Request for Continuing Certification” (F-SS24) shall be submitted to the SSD Trainer once the certification requirements have been met. The form should be submitted by December 31st of each year.
a. The District Manager or designee shall submit the request on behalf of DFS Caseworkers;
b. The Social Services Administrator or designee shall submit the request on behalf of state office staff.
9. Failure to maintain annual certification will result in disciplinary action. During the time a DFS Caseworker is not certified, he/she may provide casework services under the supervision of a certified Supervisor or District Manager.
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Child Protective Services Case Management POLICY: CPS Flow Chart POLICY NUMBER:3.0 |
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Child Protective Services Case Management POLICY: Child Major Injury and Child Fatality Review Team POLICY NUMBER: 3.19 |
EFFECTIVE DATE: June 1, 2004 | Current: 6/04 Revised: 6/04 Original: 8/01 |
A. Purpose
Per the Child Abuse Prevention and Treatment Act (CAPTA), the Department of Family Services is required to establish a Citizen Review Panel. One function of the Citizen Review Panel is to assure that a review of child fatalities and near fatalities is conducted. DFS has chosen to meet this obligation two ways. The first obligation is the establishment of a State Child Major Injury/Fatality Review Team. The second obligation is the establishment of local Child Major Injury/Fatality Review Teams.
While a state review committee can include a review of systemic problems, identification of policy issues, and statewide data collection, it cannot bring the same vitality to the area of prevention, which a local review process can. Bringing agencies together at a community level offers the greatest potential for strengthening intervention and prevention efforts on behalf of children and families. The capacity to translate review into action is most effective at the local level.
Local Child Major Injury/Fatality Review Teams are formed for a variety of purposes. Some common goals for local review teams are:
- To improve a community’s response to at-risk families;
- To identify preventable social and family circumstances which contribute to child major injuries and fatalities;
- To promote cooperation and communication among agencies;
- To share information about advances in the field of investigation, intervention,
prevention, and prosecution of child major injuries and fatalities; and - To heighten community awareness through education and prevention strategies.
These goals can be achieved by gathering pertinent information on major injuries and fatalities, reviewing the material to determine what responses(s) might have prevented the fatality, develop strategies to address the problems and educate the community concerning prevention
strategies.
An important aspect of team membership is that the members be multi-disciplinary and
multi-agency. Many families will have had some contact with a variety of professional
disciplines and agencies. The comprehensive review of major injuries and fatalities must include input from all related agencies.
B. Procedure
1. Child Fatality
a. When a fatality occurs in a county, it is the responsibility of the District Manager/designee to notify the Field Operations Manager, the Coordinator of the Major Injury/Fatality Review Team, the Administrator of the Protective Service Division, and the Director of the Department of Family Services, if the case meets the following criteria:
1) All child deaths due to abuse and neglect.
2) Any death of a child in Department of Family Services custody.
b. If the criteria are met, a copy of the intake form shall be e-mailed, as an attachment, to the above named individuals. In addition, an update on the status of the investigation should be sent within thirty (30) days of the date of intake. Thirty (30) days after the DFS investigation is completed, the District Manager shall initiate the Local Review Team Process. The following information should be presented by Local Team members at the review:
1) Autopsy report
2) Law enforcement reports
3) Medical reports, including those prior to death
4) WYCAPS screens (narrative, placement screens, incident screens, and any other screens that would be helpful to this review)
5) MDT report, if pertinent
6) Ecomap or genogram
7) Reports from any other agency pertinent to this case, such as psychological, public health, etc.
8) SS-51
c. Team members will share information, discuss the investigation, discuss the delivery of services, identify risk factors and develop recommendation regarding systems improvements or prevention opportunities. During the meeting, the data collection form (SS-51) should be completed and the above information collected to be included in a case file. After completion of the local review, this case file will then be sent to the Coordinator of the State Child Major Injury/Fatality Review Team for additional review and inclusion of Local Team recommendations in the annual report.
d. When a report meets the criteria for a child fatality as defined in Section II of this policy, it must be appropriately identified on WYCAPS.
A child fatality is identified on WYCAPS by checking the fatality box on the allegation maintenance screen. In addition, the date of death must be entered on the Person Maintenance Screen.
2. Major Injury
a. When a major injury occurs in a county, it is the responsibility of the District Manager/ Designee to notify the Field Operations Manager, the Coordinator of the Major Injury/Fatality Review Team, the Administrator of the Protective Services Division, and the Director of the Department of Family Service if the cases meet any of the following definitions:
1) All Department of Family Services major injury cases that meet any of the following guidelines:
a) Fractures
b) Burns (intentional and requiring medical attention)
c) Intracranial hemorrhage
d) Shaken Baby Syndrome
e) Internal organ injury (abdomen, kidney, liver, intestine)
f) Significant bleeding or bruising
g) Inflicted injuries or neglect that require hospitalization for treatment
2) Sexual abuse cases which meet any of the following categories:
a) If penetration with the victim occurred
b) If there were multiple perpetrators and violence or sadism exists
c) If criminal charges result
b. If the above criteria are met, the District Manager will either initiate the Local Review Team process or the preparation of a case file for review by the State Child Major Injury/Fatality Review Team. The following information will be included:
1) SS-51
2) Law enforcement reports
3) Medical reports including those prior to injury
4) WYCAPS screens (narrative, placement screens, incident screens, and any other screens which would be helpful to this review)
5) DFS Family Service Plans
6) MDT report, if pertinent
7) Eco map or genogram.
8) Reports from any other agency that are pertinent to the case (psychological, public health, etc)
c. This information and any other pertinent information should be sent to the Coordinator of the State CMI/F Review Team. The material should be sent thirty (30) days after the DFS investigation. If DFS has no direct involvement with the case, then the case file will be requested thirty (30) days after the conclusion of the law enforcement investigation. Extension to the thirty-day time frame may be made by the District Manager with notification to the Administrator of the Protective Services Division and the Coordinator of the CMI/F Review Team. The Coordinator will then schedule the case for review and notify the District Manager of the date of the review. Either the Local Team or the local case manager is encouraged to participate in the state review of the case, in person or via conference call. Upon completion of the state review of the case, the Coordinator of the State Team will submit a report to the District Manager, which will include the Team’s recommendation on the particular case.
d. When a report meets the criteria for a major injury as defined in Section III of this policy, it must be appropriately identified on WYCAPS.
A major injury is identified on WYCAPS by checking the major injury box on the Allegation Maintenance Screen.
3. Local Child Major Injury and Fatality Review Team Composition:
(CPS Rules, Chapter 1, Section 8)
a. At a minimum, these teams require representation from all agencies in the child protection system and from those agencies who are involved in child death, child major injury or child sexual abuse investigations. Other members can be added as the need for representation is recognized or in response to issues brought forward by specific cases. Recommended team composition includes:
Public Health | Pediatrician(s) |
Department of Family Services | Mental Health |
Coroner/Forensic Pathologist | Emergency Medical Services |
District Attorney | Local Prevention Coalitions |
Law Enforcement | School Representative |
Domestic Violence |
b. The team chairperson and each of the core team members have a specific role in the review process. These roles stress coordination and communication among agencies as well as the perspective of the individual agency.
4. Team Member Roles and Responsibilities:
a. Chairperson
The chairperson is responsible for assuring that the following functions are performed:
1) Determine, from available resources, and according to the team’s criteria, which cases to review (distribute the list of cases to team members).
2) Arrange to have the necessary investigative reports, medical records, autopsy reports or other items available for team members during the review process.
3) Schedule the upcoming review meeting and notify team members.
4) Chair the meeting.
5) Serve as liaison with other agencies and the State Child Major Injury/ Fatality Review Team.
6) Complete data collection as cases are finished.
7) Forward the recommended state data sheets to: Department of Family Services, Attention: Coordinator of Child MI/F Review Team, Hathaway Building - Third Floor, Cheyenne, WY 82002.
b. Public Health
The role of the Public Health official is to assure the following:
1) Liaison/referral to prevention/intervention systems.
2) Assist in the discovery and review of public and/or private health care and medical records.
3) Provide vital statistic data (birth and death records) to assist in the review process i.e., whether birth was premature.
4) Use data and case histories from the child major injuries/fatality review to develop prevention programs and/or public awareness campaigns.
c. Department of Family Services
The role of the Department of Family Services is as follows:
1) Provide case management information regarding past and/or current interventions with the child and his/her family.
2) Follow-up on those cases referred by the team in which circumstances surrounding the major injury/fatality suggest that other children in the home may be at risk.
3) Provide information, and consultation, regarding the juvenile court process and the appropriateness of court intervention to protect or intervene with surviving siblings.
4) Provide feedback from the team to the Protective Services Administrator on issues related to child protection.
d. Coroner/Forensic Pathologist
Since the County Coroner is notified of every sudden or unexpected death in the county, this position is the logical one to provide information to the child fatality review team regarding the death. The county coroner or his/her designee is in a key position to provide valuable information to the review process.
The Coroner can provide the team with:
1) Medical history of the decedent.
2) Cause and manner of death.
3) Investigative information relative to the death inquiry.
In conjunction with the Coroner, a Forensic Pathologist can provide the following:
Interpret growth and development of the child.
Interpret injuries.
Interpret the number of events and time of events.
Differentiate natural disease from abuse or neglect.
Interpret autopsy findings, particularly in regards to mechanism of death.
Provide consultation about potential expert testimony for any legal action.
e. District Attorney
The District Attorney’s role in the process is:
1) Provide legal definitions and explanations.
a) Answer questions about specific cases and the likelihood of involvement in the criminal justice system.
b. Define legal terminology that may impact what is identified or described as suspicious vs. abuse.
c. Evaluate whether the case meets the threshold of a crime.
2) Obtain criminal history appropriate to the case.
3) Provide assistance/guidance for further investigation to participating agencies.
4) Assist in the communication between participating agencies.
a) Provide training on pertinent legal issues.
b) Serve as a liaison with other legal representatives such as the County Attorney.
5) Provide feedback on child fatality review cases, which have entered the criminal justice system as to the cases’ disposition.
f. Law Enforcement (police, sheriff, highway patrol and Division of Criminal Investigation)
Law enforcement representatives can provide the team with the following data:
1) Reports containing witness information and witness statements.
2) Scene photographs, physical evidence, measurements and sketches.
3) Background information on involved parties and resources to conduct further inquiry suggested by the team.
4) Suspect information.
5) Interpretation of laws and ordinances.
6) Prevention efforts.
g. Pediatrician
The role of the pediatrician is as follows:
1) Provide information about the process of normal infant and childhood growth and development.
Assist in the identification of cases where findings are inconsistent with normal growth and development
2) Provide information regarding the diagnosis of child abuse, expected course of disease, medical conditions of infancy and childhood, and assist in the interpretation of case finding in this context.
3) Review the case and provide information about the expected outcome and complications of carious treatments and interpret case findings.
4) Provide information in the area of community standards of medical care.
5) Serve as Liaison with the medical community.
6) Provide the team with current information from the medical literature pertinent to the case or topic under discussion.
7) Assist in the discovery and review of previous health care/medical records.
h. Mental Health
The role of the mental health representative on the child fatality review team is as follows:
1) Provide information or answer questions about mental health and treatment, which may come up in the course of case review.
2) Provide an understanding of individual and family psychodynamics’ and psychopathology.
3) Review previous treatment records for information that may be relevant to the prevention, identification, management or treatment of child death.
4) Provide an in-depth review and feedback to the mental health community about completed suicides of children.
5) Make sure that mental health support is provided to families and professionals who have been traumatized by the death of a child. Support should also be extended to classmates/school staff of victims of sudden, unexpected death; and to the babysitter or care provider of the child victim.
6) Provide an understanding of the intense personal emotions associated with the death of children to help the team maintain its equilibrium and concentration.
5. Confidentiality:
It is important to recognize that confidentiality concerns need to be addressed as part of the team process. The following procedures are recommended for local teams:
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- Utilize a confidentiality statement that each team member and guest will sign.
- Data will be reported to the public in aggregate form only.
- No identifying material may be taken from the team review. Identifying material will only be returned to the agency that provided it.
As long as individual case confidentiality is respected, it may be of value to define team guidelines for sharing information locally with the media. Statistical information, general comments on policy protocols and prevention messages may be of value to alert the public concerning abuse and injury prevention issues. It is helpful to designate a spokesperson that will handle such media requests. No case specific information gained through the review process should be shared with the media or the public.
6. State Child Major Injury/Fatality Review Team Composition
a. The Director of the Department of Family Services shall establish a Multi-Disciplinary Child Major Injury/Fatality Review Team whose membership shall consist of the following: (CPS Rules, Chapter 1, Section 7)
1) The Protective Services Division Administrator/Designee
2) A Department of Family Services District Manager
3) A representative of the Department of Health
4) A pediatrician
5) A representative of mental health
6) A coroner
7) Law Enforcement
8) A district court judge
9) A prosecuting attorney
10) A defense attorney
11) A Court Appointed Special Advocate (CASA) representative
12) Other stakeholders interested in child maltreatment prevention
13) A representative of the Attorney General’s Office
b. The State Child Major Injury/Fatality Review Team Responsibilities:
1) Review case files of all Wyoming child major injuries and fatalities;
2) Identify factors and predictors appearing in cases of child maltreatment that result in major injury or the death of a child(ren);
3) Review information that might change the response of the system so child maltreatment occurring in similar circumstances might be prevented;
4) Gain information that can be utilized In the modification and/or development of laws, rules and policies to protect children;
5) Actively advocate for child victims of maltreatment a and provide recommendations for change through prevention, intervention, training, education, legislation and public policy; and
6) Develop a yearly statistical report identifying trends in major injury due to maltreatment and fatal maltreatment and make recommendations which may include needed actions, development of preventive programs, or training recommendations address statewide issues. Each member will be responsible for keeping the Team informed regarding trainings, new advances, and other pertinent information in their disciplines for inclusion in the annual report.
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Child Protective Services Case Management POLICY: Central Registry – Amendment, Expungement, or Removal POLICY NUMBER: 3.20 |
EFFECTIVE DATE: September 2010 | Current: 9/10 Revised: 12/09, 5/10, 9/10 Original: 8/01 |
A. Purpose
The Department of Family Services (DFS) is mandated by W.S. §14-3-213 through §14-3-214 to create and maintain a Central Registry of child protection cases and of vulnerable adult protection cases under W.S. §35-20-101 through §35-20-109. The Central Registry shall provide protection for children and vulnerable adults from those who volunteer or are employed to supervise and care for them; identify prior substantiated reports for use in the evaluations of current reports; monitor the current status of all pending cases; and collect statistical information for use in public education and evaluation of program effectiveness.
A Central Registry (CR) record check will occur, upon receipt of application, for volunteers, prospective or current employees who may have unsupervised access to children and/or vulnerable adults, per W.S. §14-3-214 and W.S. §35-20-116.
B. Procedures
1. Responsibility for the Central Registry (CR)
a. DFS has the responsibility to maintain child/vulnerable adult abuse information on its computer system;
b. DFS is responsible for the record search, policy development, training on policy, and consultation on policy issues concerning the Central Registry;
c. DFS caseworker is responsible for the correct data entry and data maintenance; and
d. The Protective Services Division is responsible for system development/maintenance, system training, and technical support.
2. Process of Amendment, Expungement or Removal
a. DFS may:
1. Amend--to change or modify information in the Central Registry; or
2. Expunge--to remove the entire complaint from the Central Registry; or
3. Remove--to remove specific information from the complaint in the central registry.
b. Any person who has received a finding of “substantiated”, by the Department of Family Services, on an allegation may request a change of that finding. Those requests shall be made by the county District Manager. A District Manager may also make a request for “a change of finding” based upon new information.
c. The District Manager or designee approves the request the case of child protection cases. Approval of the local police department or the sheriff's department is required in vulnerable adult protection cases. The District Manager or designee shall notify the State Office by documenting the action taken (SS-27/APS-27) and specifying the requested changes. The State Office will notify the Field Office in writing when the changes have been completed.
d. Good cause must be shown in order to amend, expunge, or remove Central Registry records. Good cause includes, but is not limited to:
1. Discovery of a data entry error;
2. Discovery of new evidence;
3. Change of a finding due to administrative review, fair hearing, or a district court appeal;
4. Rehabilitation is demonstrated. Rehabilitation shall be determined by a professional panel appointed by the DFS Director or Designee;
5. Allegations would have been substantiated at low risk, per the Rules and Regulations Governing Child Protective Services (December 1992); or
6. Death of the perpetrator.
e. Changing an entry on the Central Registry when rehabilitation is demonstrated:
1. Rehabilitation may be considered good cause to amend a finding on the computer system.
2. Rehabilitation shall be determined by a professional panel appointed by the Director or Designee.
a. The panel will consist of four (4) DFS staff. The panel shall consist of the Deputy Director or designee and expertise from three (3) levels of management: State office administrators or their designee from the Division of Juvenile Services, Division of Protective Services, and District Manager or designee.
b. Documentation of rehabilitation is the responsibility of the person who is requesting the findings be changed. Documentation of good cause shall be submitted in writing. Personal representation may be approved when the person has a disability preventing them from submitting written material.
c. Criteria the panel should consider include:
1) Has treatment occurred?
2) The adequacy of the treatment.
3) Is the curative time found reasonable and does it allow for successful rehabilitation?
4) Have there been subsequent abuse/neglect allegations?
5) Did the individual recognize they maltreated a child and the need for change?
6) Did the person cooperate with a rehabilitation and or treatment plan? It is not mandated he/she cooperate with the Department’s treatment plan. They can seek services from any appropriate source.
7) The panel should review the risk assessment documents in the file to help determine if rehabilitation has addressed identified risk factors.
d. Requests for amendments based upon rehabilitation shall be submitted by the District Manager or designee from the district in which the offense was substantiated. Information submitted to the panel shall include, but is not limited to (when available):
1) Documentation showing proper notices were provided to the perpetrator (SS-2/APS-2, SS-5/APS-5);
2) Complete documentation of rehabilitation (i.e. counseling completed, parenting class participation/completion, anger management); this documentation should clearly demonstrate what type of rehabilitation occurred, how long it continued, level of participation by perpetrator, completion achieved;
3) Any relevant court documents (i.e. dismissal order, consent decree, stipulated order);
4) Signed documentation of support from friends, relatives, co-workers, counselors, mentors;
5) Documentation from the District Manager/ Supervisor outlining support or lack thereof for the amendment.
f. The panel’s decision is final and there shall be no further appeal. The panel should be willing to change a finding only when credible evidence presented would cause a reasonable person to believe the individual no longer constitutes a serious threat of harm to children and/or vulnerable adults. Exceptional justification shall be required to change a finding involving a fatality, major injury or sexual abuse.
g. When practical, reasonable efforts shall be made to notify the perpetrator and applicant of any amendment, expungement or removal of the information. Notice is given to the subject of the report.
h. Unsubstantiated and child perpetrator cases shall not remain on the Central Registry.
i. All requests for changes on Central Registry will be initiated on the SS-27/APS-27.
3. Security
a. All records concerning reports or investigations of child abuse or neglect and adult abuse, neglect, intimidation or exploitation are confidential pursuant to W.S. §14-3-214 and W.S. §35-20-108, and all such information shall be confidentially maintained through the Central Registry system.
b. The State Office and the Field Office have the responsibility to ensure that only those persons who have received security authorization have access to the complaint screens and the perpetrator/victim history screen on the computer system.
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Child Protective Services Case Management POLICY: Central Registry Background Checks POLICY NUMBER: 3.20.1 |
EFFECTIVE DATE: September 2010 | Current: 09/10 Revised: 09/10 Original: 08/01 |
A. Purpose
The Department of Family Services (DFS) is mandated by W.S. 14-3-213 through W.S. 14-3-214 to create and maintain a Central Registry of child protection cases and of vulnerable adult protection cases under W.S. 35-20-101 through 35-20-109. Central Registry record checks concerning children and vulnerable adults shall be conducted by the DFS, Division of Juvenile Services.
B. Procedure
1. Central Registry Background Checks
a. Central Registry record checks concerning children and adults shall be conducted by the Division of Juvenile Services upon proper application.
1) Child Abuse/Neglect. Record checks of the Central Registry may be requested by the following: any chapter of a nationally recognized youth organization, a child caring facility certified under W.S. §14-4-101 (et seq.), a public or private school, or any state institution. Record checks will be performed on volunteers and prospective employees and employees who may have unsupervised access to children, and who authorize the release of child abuse/neglect record information regarding them per W.S. §14-3-214.
2) Adult Abuse/Neglect, Exploitation, Intimidation or Abandonment. Record checks for abuse, neglect, exploitation, intimidation and abandonment of vulnerable adults may be requested by the following: any individual, nursing home, adult care facility, service provider of adult workshop programs or home health care provider, residential programs or any service provider or program in an institution or community-based program, or any state institution. Record checks will be performed on volunteers and prospective employees and employees who may have unsupervised access to vulnerable adults and who authorize the release of abuse, neglect, exploitation, intimidation and abandonment record information regarding them per W.S. §35-20-116.
b. Central Registry record searches shall be conducted on all DFS staff who may have access to minors or vulnerable adults before employment or transfer to a position where access is acquired
(i.e. new hires, re-hires, promotions, lateral transfers, and
re-appointments).
c. Central Registry record searches shall be limited to complaints made since December 31, 1992.
2. Application
a. The Division of Juvenile Services shall receive and process all requests for Central Registry record checks which:
1) Are in writing and legible (preferably typed);
2) Are accompanied by an Authorization of Release of Information form (SS-26) which must be signed by the volunteer, prospective employee, or current employee and must contain the following information:
a. Last, middle, and first names;
b. Aliases and nicknames;
c. Maiden name, prior married names;
d. Social security number;
e. Race;
f. Sex;
g. Date of birth;
h. Current address;
i. All addresses for the past ten (10) years; and
j. Include a pre-stamped, pre-addressed envelope.
b. The person being checked may voluntarily submit the names of the prospective or volunteer employee's children;
c. The record searches should be completed, and written results mailed by the tenth (10th) working day after receipt of application, but no later than thirty (30) calendar days.
3. Payment for service
a. The applicant shall include a check or money order, payable to the State of Wyoming, in the amount of $8.00 multiplied by the number of record checks requested. If the organization pays by check, it should use a check drawn on the organization’s account. No cash will be accepted.
This fee is required for all Central Registry screens except those made for the DFS purposes.
b. Arrangements must be made in advance with the DFS if the employer or state agency wants to be billed or to perform a budget to budget transfer.
4. Processing of requests
a. The Division of Juvenile Services shall check for an individual's presence on the computer system using the information on the submitted authorization form. The Authorization of Release of Information form (SS-26) must have been received by the Division of Juvenile Services within thirty (30) days from the date of authorization. Accuracy will be determined by:
1) A reasonable and factual basis that the name on the computer system and the one submitted for screening are one and the same; and
2) File Review, or
3) Police records, or
4) Court records, or
5) Written statements from the DFS staff who can attest to the facts to ensure the accuracy of the information.
b. If examination of the data submitted in the request and the DFS records indicate it is more likely than not the person who is the subject of the request is an individual whose name is not on the Central Registry, the Division of Juvenile Services shall report to the applicant that the individual is not on the Central Registry.
c. If examination of the data submitted in the request and the DFS records indicate it is more likely than not the person who is the subject of the request is an individual who name is on the Central Registry, the Division of Juvenile Service’s Administrator or Designee shall report to the requesting agency the individual is listed on the Central Registry. The Division of Juvenile Service’s Administrator or Designee and the Field Office Manager or Designee will review case file information to determine if:
1) The identifying information is correct;
2) There are any actions pending such as fair hearing, administrative review, or court action;
3) Findings on the computer system are supported by documentation in the file; and
4) There is a voluntary statement.
d. When the case file has been destroyed and other supportive documentation is not available through court records, or police records, or by the DFS staff affidavits, information provided to the applicant will indicate that the name did not appear on the Central Registry.
e. Documentation that due process was provided to the alleged perpetrator (SS-2, SS-5, APS-2, APS-5). If not, the applicant shall be notified the name of the alleged perpetrator does not appear on the Central Registry.
5. Results of record checks
a. The Division of Juvenile Services shall return completed SS-26 form to the applicant, informing them of the search results.
b. When the individual being checked is not found on the computer system, the applicant will be notified of the individual's non-appearance.
c. When the individual being checked is named in a case which is listed as “under investigation,” the Division of Juvenile Services’ Administrator or Designee shall notify the applicant by certified mail, according to DFS records, the volunteer, prospective employee, or employee is “under investigation”. The Division of Juvenile Services shall provide notification to the applicant by certified mail of the final disposition of that investigation or any pending appeal.
d. When the individual being checked is named on a substantiated complaint, the Division of Juvenile Services shall notify the applicant by certified mail that the individual was named as a perpetrator on a substantiated complaint. If the individual was mentioned on more than one substantiated complaint, all of the complaints will be listed.
1) If the perpetrator was a minor at the time of the incident, DFS shall not reveal any information about the complaint. However, if the minor was tried as an adult in criminal court on charges arising from the same incident, information about the complaint may be released.
2) The following information about each substantiated complaint shall be released to the applicant:
a) Date of finding;
b) Maltreatment type;
c) A copy of the perpetrator's voluntary statement, if submitted; and
d) Any information of a pending appeal.
e. The Division of Juvenile Services shall maintain a log of the individuals screened, the date of screening, screening results person requesting the screening and any correspondence sent to the requesting party.
6. Security
a. All records concerning reports or investigations of child abuse or neglect and adult abuse, neglect, intimidation or exploitation are confidential pursuant to W.S. §14-3-214 and W.S. §35-20-108, and all such information shall be confidentially maintained through the Central Registry system.
b. The State Office and the Field Office have the responsibility to ensure that only those persons who have received security authorization have access to the complaint screens and the perpetrator/victim history screen on the computer system.
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Juvenile Probation Case Management POLICY: Flow Chart POLICY NUMBER: 4.0 |
EFFECTIVE DATE: October 2008 | Current: 10/2008 Revised: 09/2007 Original: |
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Placement and Permanency POLICY: Child Placement Flow Chart POLICY NUMBER:5.0 |
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Placement and permanency POLICY: Multi-Ethnic Placement Act (MEPA) POLICY NUMBER: 5.2.11 |
EFFECTIVE DATE: February 1, 2010 | Current: 2/2010 Revised: Original: 2/2010 |
A. Purpose
The Multi-Ethnic Placement Act (MEPA/IEAP) was passed into law October 1994 and amended by the Interethnic Adoption Provisions in 1996.
Legal, Regulatory and Policy Authority:
- Title VI of the Civil Rights Act of 1964, 42 U.S.C.§2000d et seq.
- Section 422(b)(7) of the Social Security Act (Title IV-B)
- Section 471(a)(18) of the Social Security Act (Title IV-E)
- Section 1808(c) of The Small Business Job Protection Act of 1996, 42 U.S.C. §1996b (Amendments to 1994 MEPA)
- 45 C.F.R. § 1355.38
- Child Welfare Policy Manual (do a search for MEPA) http://www.acf.hhs.gov/j2ee/programs/cb/laws_policies/laws/cwpm/index.jsp
1. MEPA has three main objectives:
a. To decrease the length of time that child(ren/youth )wait to be adopted.
b. To prevent placement being delayed or denied on the basis of the race, color or national origin (RCNO) of the foster/adoptive parent or the child/youth.
c. To facilitate the diligent recruitment of potential foster and adoptive families that reflect the ethnic and racial diversity of child(ren)/youth for whom homes are needed.
2. Practices that clearly violate MEPA or Title VI include statutes or policies that:
a. Establish time periods during which only a same race/ethnicity search will occur;
b. Establish orders of placement preferences based on race, culture, or ethnicity;
c. Require caseworkers to specially justify trans-racial placements; or
d. Otherwise have the effect of delaying placements, either before or after termination of parental rights, in order to find a family of a particular race, culture, or ethnicity.
B. Procedure
When placing a child/youth in foster care or an adoptive home, the Department shall not discriminate on the basis of the race or national origin of the foster/adoptive parent or the child/youth. Placement decisions shall be made in the best interest of the child/youth and determined by a child/youth’s specific needs and interests.
1. Guidelines:
DFS caseworkers shall:
a. Not delay placement because of race or national origin.
b. Not change placement because of race or national origin.
c. Make individualized decisions, based on their professional judgment, for what is in the best interest of the child/youth.
d. Clearly document reasons for decisions and discuss the child/youth’s individualized needs related to the decision by addressing their specific needs related to race, ethnicity and culture as soon at the child/youth enters the system.
e. Regardless of the RCNO of the child/youth and the family the child/youth is placed with, the Department shall provide the foster/adoptive parents, child/youth in placement, and the family’s own children, with on-going support and training to meet the needs of the foster/adoptive child(ren)/youth. The caseworker shall encourage the child/youth and family to:
1) Promote a sense of racial and cultural pride in the child/youth by facilitating participation in appropriate cultural and educational events.
2) Enable the child/youth to explore their racial identity and to interact with children/youth who are experiencing similar placement situations.
3) Provide for the child/youth’s personal needs, such as hair grooming and skin care.
4) Develop knowledge of the significant role that people of the child/youth’s race have played in the history of this country and the child/youth’s country of origin.
5) Model healthy attitudes about race.
6) Develop positive connections with individuals of the child/youth’s race.
7) Develop strategies to discuss race, the dynamics of racism, and cultural myths, generalizations and stereotypes.
2. The requirements of this Act can be very complicated, therefore, please consult with your district manager, supervisor, juvenile services or protective services divisions and/or attorney general’s office.
3. Training requirements, frequently asked questions and additional resources can be found in the Multi-Ethnic Placement Act (MEPA) Training/Resource Packet.
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Placement and Permanency POLICY: Communicable Diseases POLICY NUMBER: 5.17 |
EFFECTIVE DATE: September 1, 2007 | Current: 9/2007 Revised: 9/2007 Original: 7/2000 |
A. Purpose
The Wyoming Department of Family Services (DFS) may be authorized by court order to act as legal custodian for children placed within its care. With focus on the health and safety of these children, the following procedures regarding communicable diseases and the sharing of information shall be followed.
A Juvenile Court may grant the DFS “legal custody” of a child. Wyo. Stat. § 14-3-402(a)(x). If the DFS is granted legal custody of a child, it has the duty to provide the child with ordinary medical care, and in an emergency, the right and duty to authorize surgery or other extraordinary medical care. Wyo. Stat. § 14-3-402(a)(x). The rights and duties of legal custody are subject to the rights and duties of the guardian of the person of the minor, and to residual parental rights and duties. (See Wyo. Stat. § 14-3-402(a)(xvi) and Wyo. Stat. § 14-6-201(a)(xxi) “residual parental rights and duties”).
Children may be taken into protective custody by law enforcement (Wyo. Stat. §§ 14-3-405 and 14-6-205) or a physician, physician’s assistant or nurse practitioner (Wyo. Stat. § 14-3-405(b)). Per W.S. 14-3-208 when temporary protective custody is taken by law enforcement or medical personal the Department of Family Services has the obligation to “assess the child’s mental and physical needs, provide for the child’s ordinary and emergency medical care”.
Children infected with communicable diseases shall be treated professionally and confidentially. Precautions necessary to prevent the spread of diseases to child care providers and other youth shall be taken.
B. Procedure
1. Services Eligibility:
a. Infection with a communicable disease shall not be cause for denial of services by DFS.
b. DFS shall consult with the County Public Health offices, Family Planning or a private physician regarding the cost of testing and determine if Title XIX will cover this service for Title XIX eligible clients.
c. DFS shall ensure children receive appropriate medical treatment.
2. Process
a. Records regarding the health status of children which contain personal identifiers or information regarding communicable diseases are confidential DFS shall determine whether disclosure of this information is necessary to protect the health and safety of person(s) responsible for the child’s welfare including person(s) in the same home. DFS shall take safeguards to protect the unauthorized disclosure of this information.
b. Identification and testing of children with a communicable disease:
1) Medical or laboratory tests may be performed on children in DFS custody, as deemed medically necessary to detect communicable diseases only with the consent of the child’s parent, legal guardian, the child if appropriate, or if court ordered. Testing may be performed on children in DFS custody in medical emergency situations.
2) Wyo. Stat. § 35-4-131(a) provides that “[p]ersons under eighteen (18) years of age may give legal consent for examination and treatment for any sexually transmitted disease infection.” Wyo. Stat. § 35-2-614(a) further provides that “[i]f the patient is a minor and is authorized under law to consent to health care without parental consent, only the minor may exclusively exercise the rights of a patient under this act as to information pertaining to health care to which the minor lawfully consented.”
3) When a record of communicable disease testing is subpoenaed, DFS will immediately contact the Attorney General's office and provide them (by fax) a copy of the subpoena.
4) All contacts with DOH must be documented and retained in a secured, confidential medical file.
5) Any child who self-reports infection with a communicable disease or participation in high-risk behaviors should be referred to the County Public Health Office, Family Planning or a private physician for counseling or testing.
c. Preparation for placement in foster care and other out-of-home care:
1) If a child is placed in foster care or other out-of-home care, DFS shall inform the foster parent or other person, institution or agency having the physical custody or control of the child of the results of a test or a series of tests to determine the presence of HIV, or other sexually transmitted infections. DFS shall provide this information as soon as possible, but no later than three (3) days, after obtaining knowledge that a child is infected. DFS shall notify the foster parents or other person, institution or agency having the physical custody or control of the child that the information is confidential. When a caseworker informs anyone of a child's communicable disease status, it shall be done in writing, clearly identified as CONFIDENTIAL. A copy of such writings shall be filed in the secured, confidential medical file.
2) Before placing a child with a communicable disease in out-of-home care, or upon discovering that a child already in placement has a communicable disease, the DFS case worker may contact DOH for consultation. The DFS caseworker will staff the case with all relevant parties (i.e., the child’s parent, provider who has agreed to accept the child, DFS staff, GAL or child’s attorney and DOH). An assessment of risk to the child, the provider, and any other children in the provider’s home shall be made in all such cases. Case planning tasks should include procedures for treatment and medical precautions to mitigate risk.
3) If, after consultation, the provider accepts the placement, a Communicable Disease Information Acknowledgment Form (SS-73) must be signed by the provider and placed in the provider's file located in the field office. A copy shall also be placed in the child's secured, confidential medical file. DFS shall notify the foster parents or other person, institution or agency having the physical custody or control of the child that the information is confidential.
d. Returning a child to the parent's custody:
If a child’s parent is not already informed of a child’s positive test result, the case worker shall inform the parent(s) of the child's positive test and refer them to the State Health Officer or designee for consultation and follow-up when a child returns home.
e. Client case record - filing of communicable disease information:
1) All information about the child's communicable disease status must be in a secure, confidential medical file and may only be accessed by those individuals with authorized need to know status.
2) When a caseworker informs anyone of a child's communicable disease status, it shall be done in writing, clearly identified as CONFIDENTIAL. A copy of such writings shall be filed in the secured, confidential medical file.
f. Mandatory referral to an educational program:
DFS will refer the child and/or care-giver to the County Public Health offices, Family Planning or private physician for education and training regarding STIs.
NON-SEXUALLY TRANSMITTED INFECTIONS
g. Records regarding the health status of children which contain personal identifiers or information regarding communicable diseases are strictly confidential. DFS shall determine whether disclosure is necessary to protect the health and safety of person(s) responsible for the child’s welfare including person(s) in the same home. DFS shall take safeguards to protect unauthorized disclosure of this information.
h. Identification and testing of children with a communicable disease:
1) Medical or laboratory tests may be performed on children in DFS custody, as deemed medically necessary to detect communicable disease only with the consent of the child’s parent, legal guardian, the child if appropriate, or if court-ordered. Testing may be performed on children in DFS custody in medical emergency situations.
2) When a record of communicable disease testing is subpoenaed, DFS will immediately contact the Attorney General's office and provide them (by fax) a copy of the subpoena.
3) All contacts with DOH must be documented and retained in a secured, confidential medical file.
i. Preparation for placement in foster care and other out-of-home care:
1) If a child is placed in foster care or other out-of-home care, DFS shall inform the foster parent or other person, institution or agency having the physical custody or control of the child of the results of a test to determine the presence of a non-STI communicable disease. DFS shall provide this information as soon as possible, but no later than three (3) days, after obtaining knowledge that a child is infected. THE PROCEDURES OUTLINED IN SECTION “A” MUST BE FOLLOWED BEFORE DISCLOSING ANY INFORMATION REGARDING COMMUNICABLE DISEASES. Before placing a child with a non-STI reportable communicable disease (see Appendix C) in out-of-home care, or upon discovering that a child already in placement has a reportable communicable disease, the DFS case worker shall contact the DOH Epidemiology Section for consultation. The DFS caseworker shall staff the case with all relevant parties (i.e., healthcare provider, DFS shall notify the foster parents or other person, institution or agency having the physical custody or control of the child that the information is confidential. When a caseworker informs anyone of a child's communicable disease status, it shall be done in writing, clearly identified as CONFIDENTIAL. A copy of such writings shall be filed in the secured, confidential medical file.
2) Before placing a child with a communicable disease in out-of-home care, or upon discovering that a child already in placement has a communicable disease, the DFS case worker may contact DOH for consultation. The DFS caseworker will staff the case with all relevant parties (i.e., provider who has agreed to accept the child, DFS staff, DOH). An assessment of risk to the child, the provider, and any other children in the provider’s home shall be made in all such cases. Case planning tasks should include procedures for treatment and medical precautions to mitigate risk.
3) Prior to placing a child who is known to have had exposure to a known infected individual, the procedures in No. 1 above shall be followed.
4) If, after consultation, the provider accepts the placement, a Communicable Disease Information Acknowledgment Form (SS-73) must be signed by the provider and placed in the provider's file located in the field office. A copy shall also be placed in the child's secured, confidential medical file.
j. Returning a child to the parent's custody:
If a child’s parent is not already informed of a child’s positive test result, the case worker shall inform the parent(s) of the child's positive test and refer them to the State Health Officer or designee for consultation and follow-up when a child returns home.
k. Client case record - filing of communicable disease information:
1) All information about the child's communicable disease status must be in a secure, confidential medical file and may only be accessed by those individuals with authorized need to know status.
2) When a caseworker informs anyone of a child's communicable disease status, it shall be done in writing, clearly identified as CONFIDENTIAL. A copy of such writings shall be filed in the secured, confidential medical file.
3. GENERAL INFECTION CONTROL GUIDELINES FOR CHILDREN WITH COMMUNICABLE DISEASES
a. Standard Precautions
Standard precautions are designed to reduce the risk of transmission of microorganisms from both recognized and unrecognized sources of infection. Standard precautions apply to all persons, regardless of their diagnosis. Use standard precautions when contact with any of the following is anticipated: blood, bodily fluids, secretions, excretions (except sweat), non-intact skin, and mucous membranes.
1) When caring for an ill child or other ill individual, wash your hands for at least 15 seconds with soap and warm water or alcohol-based hand rubs on a regular basis. Hand washing may be the best way to prevent others from getting sick. Wash hands after touching blood, body fluids, secretions, excretions, and contaminated items, whether or not gloves are worn. Wash hands immediately after gloves are removed to avoid transfer of microorganisms to other persons or environments.
2) Wear gloves (clean, non-sterile gloves are adequate) when touching blood, body fluids, secretions, excretions, and contaminated items. Remove gloves promptly after use, before touching non-contaminated items and environmental surfaces, and wash hands immediately to avoid transfer of microorganisms to other persons or environments.
3) If gloves are not immediately available, such as in an immediate response to a nosebleed or wound, use a barrier such as a towel. Have the injured person hold the towel themselves if possible. If your hands are exposed to any bodily fluids, wash them with soap and water immediately after contact.
4) Because some children with a communicable disease may not have been diagnosed, standard precautions should be used with all children.
5) Surfaces contaminated with blood or other bodily fluids should be cleaned immediately. The recommended disinfectant is freshly made bleach solution (e.g. 1 cup bleach to 9 cups water).
b. Basic Control Measures to Limit Transmission of Respiratory Illness
1) Follow basic respiratory hygiene practices such as covering the mouth and nose with a tissue when coughing or sneezing, and washing hands immediately after coughing or sneezing.
2) Try to prevent contamination of inanimate objects with respiratory or oral secretions. If contamination occurs, disinfect promptly. The recommended disinfectant is freshly made bleach solution (e.g. 1 cup bleach to 9 cups water).
3) Wear gloves when you will be coming into contact with respiratory or oral secretions or objects contaminated by such secretions. If gloves are not available, wash hands before having contact with another person or touching other objects.
4) If possible, persons with respiratory illnesses should sleep in their own separate bedroom.
5) Consider restricting the activities of persons experiencing a respiratory illness who cannot practice adequate respiratory and hand hygiene, to limit the potential for spread to others.
6) If possible, ill persons should stay home from work, school, and errands while they are ill.
Note: If the specific infecting organism is known, more precise, and possibly more stringent, control measures may be indicated. Contact the Wyoming Department of Health.
c. Basic Control Measures to Limit Transmission of Food borne Illness
1) Make sure that persons with diarrhea, especially children, wash their hands carefully and frequently with soap and water to reduce the risk of spreading the infection.
2) Wear gloves when you will be coming into contact with vomitus, stool or contaminated objects. If gloves are not available, wash hands carefully before having contact with another person or touching other objects.
3) Try to prevent contamination of inanimate objects with vomitus or stool. If contamination occurs, disinfect promptly. The recommended disinfectant is freshly made bleach solution (e.g. 1 cup bleach to 9 cups water).
4) Immediately remove and wash clothing or linens that may be contaminated after an episode of illness (use hot water and soap).
5) Persons who have an illness with diarrhea or vomiting should not prepare food while they have symptoms and for 3 days after they have recovered from their illness.
6) Anyone with a diarrheal illness should avoid swimming in public pools or lakes.
7) Children and adults may be subject to certain restrictions from daycare/preschool or food service when they are ill with a diarrheal illness.
Note: If the specific infecting organism is known, more precise, and possibly more stringent, control measures may be indicated. Contact the Wyoming Department of Health.
4. MODES OF TRANSMISSION FOR COMMUNICABLE DISEASES
A communicable disease is an illness due to a specific infectious agent or its products that arises through transmission of that agent or its products from an infected person, animal, or reservoir to a susceptible host, either directly or indirectly through an intermediate plant or animal host, vector, or the environment. A list of the communicable diseases that are reportable in Wyoming can be found in Appendix C. Knowing the methods in which a disease is transmitted is important for implementing proper infection control measures. The types of transmission described below are not mutually exclusive. Many diseases can be transmitted in more than one way.
a. Direct transmission: In direct transmission, an infectious agent is immediately transferred from one infected host or reservoir to a new host.
Direct contact: Direct contact includes touching an infected individual, kissing, sexual contact, contact with oral secretions, or contact with body lesions. This type of transmission usually occurs between members of the same household or close friends and family. Sexually transmitted infections are almost always spread through direct contact.
Droplet contact: Droplets containing microorganisms can be generated when an infected person coughs, sneezes, or talks. Droplets are too large to be airborne for long periods of time and quickly settle out of air. Therefore, the organisms are not airborne in the true sense. Transmission occurs when droplets generated from infected persons are propelled a short distance (within 3 feet) through the air and deposited on the new host’s mouth or mucous membranes. Examples of diseases that may be spread by droplets include pertussis, influenza, and the common cold.
b. Indirect transmission: Indirect transmission occurs when organisms are transmitted from a source to a host by means of a third entity.
Airborne transmission: Airborne transmission occurs when bacteria or viruses travel on dust particles or on small respiratory droplets that may become aerosolized when people sneeze, cough, laugh, or exhale. They can travel on air currents over considerable distances. These organisms must be capable of surviving for long periods of time outside the body and must be resistant to drying. Airborne transmission allows organisms to enter the respiratory tracts of other susceptible persons. Diseases capable of airborne transmission include tuberculosis and chickenpox.
Vehicleborne transmission: Vehicleborne transmission is indirect contact by contaminated items such as food, water, medications, devices, and equipment. Examples include food-borne salmonellosis, waterborne shigellosis, and hepatitis C resulting from use of contaminated syringes and other medical equipment.
Vectorborne transmission: In vectorborne transmission, a vector (usually an insect), transmits the infectious agent to a susceptible host. Examples of vectors include flies, mosquitoes, fleas, and ticks. The most common vector for disease is the mosquito. Mosquitoes transfer disease through the saliva which comes in contact with their hosts when they are withdrawing blood. Mosquitoes are vectors for West Nile virus, malaria, and yellow fever. Infected ticks can spread Rocky Mountain spotted fever and Lyme disease. Biting is not the only way vectors can transmit diseases. Microorganisms could also be located on the outside surface of a vector (such as a fly) and spread through physical contact with food or a susceptible individual.
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Funding POLICY: Foster Care medical & Title IV-E Payments POLICY NUMBER: 6.5 |
EFFECTIVE DATE: April 2004 | Current: 4/02 Revised: Original: 4/02 |
A. Purpose
To provide medical coverage for all children in foster care and obtain Title IV-E federal funding for eligible children.
IV-E payments are utilized to provide services for children and salaries for staff.
- Foster care medical coverage is intended to provide for the medical needs of foster children while in the custody of the Department of Family Services (DFS). Some coverage groups are a combination of state and federal matches for medical care while other groups rely totally on state funding.
- IV-E administrative costs are the costs necessary for the administration of the foster care program.
- IV-E maintenance costs are the costs related to maintaining a IV-E eligible child in a certified out-of-home placement.
B. Procedure
1. Title IV-E Administrative Payments
a. Monthly time analysis forms are completed by a random sample of caseworkers to cost allocate the allowable Title IV-E administrative functions performed on behalf of both children who are IV eligible and children who are candidates for IV-E foster care maintenance payments.
b. A candidate for foster care is a child who is at serious risk of removal from home as evidenced by DFS either pursuing his/her removal from the home or making reasonable efforts to prevent such removal. No other IV-E eligibility provision applies to achieve candidate status.
c. In order for a child to be considered a candidate for Title IV-E foster care maintenance payments, the child's Family Service Plan must set foster care as the goal for the child unless effective preventive services are provided. This is an indication that the child is at serious risk of removal from his/her home because DFS believes a plan of action is needed to prevent that removal.
NOTE: Children who are receiving services under the investigation track and not in placement are an example of those who would be considered a candidate for Title IV-E foster care maintenance payments.
d. Documentation must be made justifying retaining a child in candidate status for longer than six months.
2. Joint Economic Assistance and Social Services Staff Responsibilities
a. Determining medical eligibility and eligibility for IV-E foster care maintenance payments requires the coordination of both the Economic Assistance Unit and Social Services Unit. The team approach is important to ensure eligibility requirements are met, monitored and maintained.
b. Application process:
1) Within 72 hours of when the child is taken into custody:
Social services staff assigned to the case shall complete the DFS-100 (Application for Benefits), have it signed by District Manager or designee and submit it to the Benefit Specialist.
2) Within 30 days of removal from the home the caseworker shall complete and submit to the Benefit Specialist:
a) DFS-543/545/546 (Report to Child Support Enforcement/Cooperation Notice/Good Cause Claim) with evidence if appropriate, signed by the District Manager (one form per parent); and
b) SS-501 (Social Worker Transmittal to Economic Assistance Specialist) with required forms and documentation.
NOTE: (If child was previously on economic assistance required documentation may be accessed from the Benefit Specialist file.)
3) Case Maintenance
a) Every six months the caseworker must complete and submit to Benefit Specialist the DFS 602 (Foster Care Periodic Review) signed by the worker.
b. Report ALL changes to the Benefit Specialist immediately.
c. The Benefit Specialist is responsible for:
1) Receiving the medical IV-E application, forms, and supporting verifications;
2) Processing and approving appropriate medical coverage, approving or denying IV-E within 45 days, and notifying the caseworker of the decision;
3) Supervisory review of the IV-E eligibility as it is related to AFDC, as in effect July, 1996;
4) Advising social services staff of status changes of the IV-E cases;
5) Generating a notice of adverse action, when appropriate; and
6) Assuring IV-E eligibility continues, or if IV-E discontinues, the Benefit Specialist will notify the worker.
3. District Manager and Caseworker Responsibilities
Each office shall review case files to ensure:
a. The Benefit Specialist has established IV-E eligibility;
b. The child was placed in a certified facility; and
c. "Contrary to the welfare of the child" or "best interest of the child" language is in the initial signed removal order. If this language is absent, the case is not eligible for IV-E.
d. "Reasonable efforts" language is in a signed court order within sixty (60) days from the date a child is removed from the home or
e. There is a voluntary agreement signed and dated.
f. The District Manager or designee reviews and approves IV-E.
4. Social Services Criteria for IV-E Eligibility
a. The individual social services staff person assigned to the case is responsible for seeing the following federal requirements are met:
1) The child is placed in a certified facility as a result of a Voluntary Placement Agreement, SS-11, or judicial determination that gives the Department of Family Services responsibility for his/her placement and care.
NOTE: IV-E payment is available only for voluntary foster care maintenance expenditures made within the first 180 days of the child's foster care unless there has been a judicial determination by a court of competent jurisdiction, within the first 180 days of such placement, to the effect that the continued voluntary placement is in the best interest of the child.
2) The "contrary to the welfare" or “placement would be in the best interest of the child" determination must be made in the first court ruling that sanctions (even temporarily) the removal of a child from the home.
b. When a child is removed from his/her home, the judicial determination as to whether "reasonable efforts" were made or were not required to prevent the removal must be made no later than sixty (60) days from the date the child is removed from the home.
c. Review hearings shall be conducted by the court six (6) months from the date of the child's removal from the home, a permanency hearing within twelve (12) months from the date of the child's removal, and not less than once every twelve (12) months thereafter. At each of these review hearings the court shall review the Family Service Plan to determine:
1) The health and safety of the child;
2) The continuing necessity for the placement;
3) The appropriateness of the current placement;
4) The reasonableness of efforts made to reunify the family and the consistency of those efforts with the Family Service Plan;
5) The appropriateness of the Family Service Plan and the extent of compliance with the Family Service Plan including the permanent placement of the child;
6) If progress has been made toward alleviating or mitigating the causes necessitating placement outside the home and the extent of that progress; and
7) The date the child is expected to be returned to the home or placed for adoption or legal guardianship.
d. The judicial determination regarding contrary to the welfare, reasonable efforts to prevent removal and reasonable efforts to finalize the permanency plan in effect including judicial determinations that reasonable efforts are not required, must be explicitly documented and be made on a case-by-case basis and so stated in the court order.
e. Neither affidavits nor nunc pro tunc orders will be accepted as verification documentation in support of reasonable efforts and contrary to the welfare judicial determinations.
f. The out-of-home provider certification file must contain hard copy documentation of the Central Registry/DCI pre-screens. E-mail approval screen prints from the State Office will be acceptable.
g. A IV-E eligible child cannot be placed in a foster or adoptive home or other facility that is not fully certified on the date the child is to be placed. However, once the home has been certified then this IV-E eligibility requirement has been met. IV-E payment can begin at this time.
5. Other Social Services Responsibilities
a. Family Service Plan
A Family Service Plan is not an eligibility requirement for IV-E; however, it is a procedural requirement. Therefore, a Family Service Plan for each child must:
1) Be developed jointly with the parent(s) or guardian(s) of a child in foster care. If the parent(s) does not participate in the development of the Family Service Plan, documentation shall be provided as to the reason for the non-participation.
2) Be completed within sixty (60) days of out-of-home placement or thirty (30) days of the conclusion of the investigation or assessment, whichever occurs first, on all cases remaining open for services.
3) Describe the services offered and provided to prevent removal of the child from his/her home. Such description should include whether or not services to the family have been accessible, available and appropriate. The paramount concern of the provision of these services shall be the child's health and safety.
4) Discuss how the Family Service Plan is designed to achieve a safe placement for the child in the least restrictive (most family-like) setting available and in close proximity to the home of the parent(s) when the permanency goal is family reunification.
5) Discuss how the placement is consistent with the best interests and special needs of the child (i.e., educational, medical and mental health needs).
6) Describe the services offered to safely reunify the child with the family. Such description should include whether or not services to the family have been accessible, available and appropriate.
7) Document the child specific efforts to facilitate a permanency plan when the Family Service Plan goal is family reunification, permanent placement with a fit and willing relative, adoption or guardianship. Documentation must include child specific recruitment efforts, such as a diligent search for the absentee parent, use of the Federal Parent Locator Service or the use of state, regional and national adoption exchanges including electronic exchange systems.
8) A concurrent plan should be utilized to ensure the success of permanency for the child when a family is assessed at serious risk for reunification.
b. 15 of 22 Rule
1) The 15 of 22 rule for children in foster care fifteen (15) of the most recent twenty-two (22) months is not an eligibility requirement for IV-E eligibility but a procedural requirement for IV-E.
2) When a child has been placed in foster care under the responsibility of DFS for fifteen (15) of the most recent twenty-two (22) months, DFS shall file a petition to terminate parental rights or seek to be joined as a party to the petition if a petition has been filed by another party, unless:
a) The child is in the care of a relative;
b) DFS has documented in the Family Service Plan a compelling reason for determining that filing the petition is not in the best interest of the child; or
c) DFS has not provided services to the child's family deemed to be necessary for the safe return of the child to the home.
c. Interstate Compact
1) The Interstate Compact on the Placement of Children (ICPC) is a means for providing protection of and service to IV-E eligible foster children placed across state lines. See Chapter 7, Section G, of the Family Services Manual for further information regarding ICPC.
2) All IV-E eligible foster placements crossing state lines must be routed through ICPC at the State Office. ICPC approval/disapproval can only be made at the State Office. The State Office must be informed in writing throughout the entire ICPC process.
3) When a IV-E eligible foster child is placed in Wyoming by another state, the Benefit Specialist will generate the DFS-602 (Foster Care Periodic Review). The caseworker is to complete this form by the date indicated to ensure IV-E eligibility continues.
4) When a foster child is placed outside of Wyoming, the caseworker is to assure the continuation of IV-E eligibility. The caseworker should notify the receiving state when IV-E eligibility no longer exists so Medicaid can be closed.
5) A IV-E eligible child cannot be placed in a foster or adoptive home or other facility that is not fully licensed/certified by the receiving state on the date the child is to be placed.
6) If the provider is unwilling or unable to become licensed/certified, then no IV-E payment may be made.
6. ALERTS
ALERT: A supervisor should monitor the caseload of a caseworker who leaves the agency until that worker is replaced to ensure IV-E eligibility and compliance with ASFA requirements.
ALERT: If a permanency hearing is missed for a IV-E eligible child, that child is not eligible for IV-E payment and remains ineligible until the permanency hearing has been held.
ALERT: Courts orders cannot specify placement with a specific foster care provider. This is a change in federal guidelines.
ALERT: If the court fails to hold a six-month review hearing, an administrative review will satisfy the IV-E eligibility requirements.
Absent parent/Noncustodial Parent: A biological parent not residing in the home. The parent does not have legal or primary physical custody of the child.
Abandonment: The child has been left without obvious behavioral, verbal, or written intentions of reclaiming the child. (Child Protection)
Abandonment: Leaving a vulnerable adult without financial support or the means or ability to obtain food, clothing, shelter or health care. (Adult Protection)
Absconder: A juvenile under court-ordered probation or parole status who has run away from the placement mandated by the supervising agency or court. (Juvenile Services)
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 as defined by law. (Child Protection) (CPS Rules, Chapter1, Section 4(b))
Abuse: The intentional or reckless infliction, by the vulnerable adult’s caregiver, person of trust or authority, professional, family member or other individual of (Adult Protection):
- Injury;
- Unreasonable confinement which threatens the welfare and well being of a vulnerable adult; or
- Cruel punishment with resulting physical or emotional harm or pain to a vulnerable adult; or
- Photographing vulnerable adults for immoral or illegal purposes without the vulnerable adult’s written consent;
- Sexual Abuse
- Exploitation
- Intimidation
Accepted Report: An allegation that meets the statutory definition of abuse or neglect is within the scope of child(ren)/adult protective services, is verified and assigned for investigation or assessment, and is made into a WYCAPS incident. (Child/Adult Protection)
Accountability: Accountability focuses on the need to create an awareness and acceptance in youth of the harmful consequences of their negative behavior. It refers to the requirement that offenders “make amends” for the harm resulting from their crimes by repaying or restoring losses to victims and the community. Accountability demands that youthful offenders make amends and has strong implications for rehabilitation and reduced recidivism. (Juvenile Services)
Action Plan: The written plan developed by the caseworker in cooperation with the vulnerable adult, caregiver and others as needed, to determine what outcome is desired, what actions and services are indicated and who is responsible for taking the action and/or arranging/providing the service. (Child/Adult Protection & Juvenile Services) For Adult Protection the plan is a check list for services needed and who is responsible for the referral.
Active Efforts: ICWA term which is not defined by federal regulation but means activities taken by the agency to prevent the placement of the child as well as working towards reunification for the family. (Child Protection/Juvenile Services)
Activities of Daily Living (ADLs): The basic personal tasks that are a necessary part of most people’s daily routine. These include eating, bathing, dressing, moving around the house, and using the toilet.
Adjudication: A finding by the court or the jury, incorporated in a decree, as to the truth of the facts alleged in the petition
Adjudicated Father: Refer to Parent
Adolescent Drug/Alcohol Assessment: An instrument used to evaluate an adolescent’s level of drug/alcohol use/abuse. (Juvenile Services)
Administrator: The director of the Department of Family Services or his designee.
Adult Protective Services Act: The Act relating to adult protective services in Wyoming, to assist in the administration of the Department’s programs, and to assure the safety and well being of vulnerable adults, pursuant to Wyo. Stats. §§ 35-20-102 through 35-20-116. (Adult Protection)
Adult Protection Team: The formal organization of professionals or individuals with appropriate expertise assembled to assist and coordinate adult protection activities with the Department and other agencies or organizations that serve vulnerable adults. (Adult Protection)
Adult Protective Services Community Teams: A forum to improve services and to identify system gaps or problems on a local level. Community teams with a focus on prevention, education, and identification of resources to support vulnerable adults. (Adult Protection)
Advanced Age: Defined in statute as age 60 (2011)
Affinity/Kinship/Kin: Refers to individuals whom the child/youth, family or individual recognizes as "family" and who may or may not be related by blood, marriage or adoption. (Child Protection/Juvenile Services/Adult Protection) Also refer to Relative and Kin/Kinship
Agency: Any division, institution or program within a department of the state and all institutions, boards and programs administering, planning and providing for services under the supervision of a director, and counties, municipal corporations, school districts, community college districts, joint powers boards or special districts specifically involved in providing government facilities or functions, and all private or non-profit organizations involved in providing human services, or the regulation of human services.
Agent: One, who by mutual consent, acts for the benefit of another; one authorized by a party to act in that party’s behalf.
Anonymous Testing for HIV: The person ordering and performing the test does not maintain a record of the name or other personal identifiers of the person whose specimen they are testing. (Communicable Diseases) (Adult/Child Protection/Juvenile Services)
Assessment: A comprehensive process for identifying, considering and weighing factors that affect child/vulnerable adult safety and well-being. Assessment includes information revealed through interviews, as well as child, vulnerable adult and family needs, problems, strengths, capacities, and possible resources. It goes beyond determining safety and level of risk to explore family/individual connections and community resources. Assessment links directly with case planning.
Assessment Track: 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. The process by which family/individual strengths and needs are evaluated. The caseworker and family/individual are provided with a clear understanding of those aspects of an alleged abuse or neglect situation, which may require child, vulnerable adult welfare interventions. Assessment services assist in determining whether there are safety issues to be resolved, and to provide services to families/individuals to increase their ability to resolve foreseeable risks to the child or individual.
APPLA/OPPLA: Another Planned Permanent Living Arrangement: is a permanency goal for youth who are 16 years or older when other permanency efforts/options have been unsuccessful. Efforts shall continue to identify a permanency plan other than APPLA and those efforts shall be on-going while the youth remains in care. The Independent and Transitional Living Plan shall be developed with the youth who have APPLA as his/her permanency plan.
Application Packet: A packet of forms signed and returned by individuals interested in applying to become a foster home. (Foster Care)
Assisted Living Facility: A dwelling operated by a person, firm or corporation engaged in providing limited nursing care; person care and boarding home care, for persons not related to the owner of the facility. This definition may include facilities with secured units and facilities dedicated to the special care and services for people with Alzheimer’s disease or other dementia conditions.
No Terms At This Time
Candidate for Foster Care: candidate for foster care is a child who is at serious risk of removal from home as evidenced by either DFS making reasonable efforts to prevent such removal or DFS pursuing his/her removal from the home.
Capacity to Consent: The ability to understand and appreciate the nature and consequences of making decisions concerning one’s person, including, provisions for health or mental health care, food, shelter, clothing, safety or financial affairs. This determination may be based on assessment or investigative findings, observation or medical or mental health evaluations. (Adult Protection)
Caretaker: A person, other than a natural parent or legal guardian, who is at least eighteen (18) years of age and is the primary physical custodian of the child; a person responsible for a child's welfare. (Child Protection/Juvenile Services)
Caregiver: Any person or in-home service provider responsible for the care of a vulnerable adult because of (Adult Protection):
- A family relationship; or
- Voluntary assumption of responsibility for care; or
- Court ordered responsibility or placement; or
- Rendering services in an adult workshop or adult residential program; or
- Rendering services in an institution or in a community-based program; or
- Acceptance of a legal obligation or responsibility to the vulnerable adult through a power of attorney, advanced healthcare directive or other legal designation.
Case Assessment: The documentation of family strengths, weaknesses, and the resources necessary to protect the child and assist the family. (Child Protection/Juvenile Services)
Case Management: A service intervention in which the case worker assists clients to secure, coordinate, and oversee the formal and informal resources determined necessary from the risk assessment and goal setting process.
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(ren)/youth.
Case closure: The process of ending the relationship between the caseworker and the family/individual. Case Closure occurs when it has been determined that the child, vulnerable adult or youth can safely remain or return to the parents’ home or for an adult remain in their home; the child, vulnerable adult or youth’s minimal needs are being met; the child, vulnerable adult or youth has been placed into other permanent placements including living with kin or adoption; the child, vulnerable adult or youth no longer presents a risk of harm to self or others, including risk to the community; there is a court order to dismiss the case; or when the child has become emancipated from the system. A case can be closed if the family refuses services, unless ordered by the court.
Caseworker/Probation Officer: An employee of the Department who is assigned and trained in the performance of child and adult protection as well as probation supervision services pursuant to department rules and regulations.
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. (Chapter 4, Section G in Family Support Services Manual) (Adult/Child Protection)
Child(ren)/Youth: An individual under the age of majority. Wyo. Stat. § 14-1-101 provides “upon becoming eighteen (18) years of age, an individual reaches the age of majority.”
Child Care: A service for families provided on behalf of children and their parents that is designed to supplement parental care.
Child Care Center: Any private person, partnership, association, or corporation that is operating a business for profit or otherwise where sixteen (16) or more children receive care for any part of the day.
Child In Need Of Supervision: Any child who is habitually truant or has run away from home or habitually disobeys reasonable and lawful demands of his parents, guardian, custodian or other proper authority or is ungovernable and beyond control.
Child Protection Services Medical Consultant: A contracted physician with a board certified specialty in pediatrics or neonatology. The medical consultant is responsible for reviewing medical information and consulting with the CPS specialist and other experts as deemed necessary. When a medical consultant is required, contact the social services program manager for assistance in arranging a medical consultant. (Child Protection) (Reports of Withholding Medically Indicated Treatment for Disabled Infants)
Child Care Provider (Licensed): Any person who applies for and is issued a family child care license by the DFS child care licenser agent.
Child Placing Agency (CPA): The classification of program certification that DFS (pursuant to state statute) has the responsibility of certifying/licensing. A CPA recruits, trains, approves, and provides oversight of their own foster homes. DFS contracts for this service
Child Specific Relative Foster Care: Type of foster home certification issued to individual(s) who have applied to become foster parents and are related by blood, marriage or adoption to the child(ren)/youth in care and who is/are solely interested in caring for their own relative(s) and one or more non-safety waivers limited to items specified in policy, have been allowed on a case-by- case basis for the specific relative child(ren)/youth. Foster care maintenance payment rate is the same as for non-relative family foster care. (Child Protection/Juvenile Services)
Children At Risk: An infant or child born to a parent engaging in or who has a history of engaging in high risk behaviors; a child who has been sexually abused by a person who engages in or has a history of engaging in high risk behaviors; or a child who engages in high risk behavior
Close Contact: In general, close contact means having cared for or lived with someone with an infectious disease. Examples of close contact include kissing or hugging, sharing eating or drinking utensils, and talking to someone within three (3) feet. Close contact does not include activities like walking by a person or briefly sitting across a waiting room or office. (Adult/Child Protection/Juvenile Services)
Collateral Contact: Obtaining information concerning a vulnerable adult/child(ren) or family from an individual who has knowledge of the circumstances and family situation but is not directly involved in referring the vulnerable adult/child(ren) to Protective Services.
COMFORT ONE (all caps) is a bracelet provided to applicants following completion of required paperwork. Application must be completed and signed by their physician, returned to the Emergency Medical Services Programs office, along with a $20.00 fee payment. The purpose of this is to instruct Emergency Medical personnel to forgo resuscitation attempts in the event of a patient’s cardiopulmonary arrest. Contact 307-777-7955 or 888-228-8996.
Complicating Factors: Anything that complicates the work with the family that is not direct harm that could include: warning signs, red flags, issues that make the provision of protection more difficult but in and of themselves are not direct dangers.
Communicable Disease: An illness due to a specific infectious agent or its products from an infected person, animal, or inanimate reservoir to a susceptible host, either directly or indirectly through an intermediate plant or animal host, vector, or the inanimate environment.
Community Juvenile Services Board (CJSB): Community Juvenile Services Boards establish, maintain and promote the development of juvenile services in communities and gear them to early identification and diversion of children and youth at risk of entering the juvenile court system in an effort to prevent juvenile delinquency. Staffers provide technical assistance for the development and implementation of Juvenile Services Boards in communities throughout the state. (Juvenile Services)
Community Protection: The Community Protection objective explicitly acknowledges and endorses a long-time public expectation that juvenile services must place equal emphasis on ensuring public safety at the most efficient cost and using the least restrictive level of service possible to protect the community. Community protection envisions a wide variety of creative intermediate sanctions (and positive incentives) with confinement as a last resort. (Juvenile Services)
Competency Development: Competency Development requires youth who enter the service arena should exit the system more capable of being productive and responsible in the community. Competency development is distinguished from treatment as an active, positive enterprise in which youth develop skills through productive and meaningful work. (Juvenile Services)
Concurrent Plan: The term used to describe an alternative to reunification of a child(ren) with their original family. Alternative (concurrent) planning for a child(ren) should be done simultaneously with reunification planning and should begin at the time the child(ren) are initially removed from their family. (Child Protection/Juvenile Services)
Confidential: Personal information pertaining to communicable diseases, except as otherwise required by law, shall not be disclosed unless the:
- Is for statistical purposes, and the information is released in a manner that does not reveal personal identifiers; or
- Is necessary for the exclusive administration and enforcement of rules and regulations as determined by the Health Officer or Designee; or
- Is preceded by the written consent of the infected individual and/or guardian, specifying where the information shall be sent; or
- Is for notification of person(s) responsible for a child’s/adult welfare, as necessary to protect life and health.
Confidentiality: A principle of professional ethics, which prohibits caseworkers from disclosing information about a client or case without the client's/guardian consent. The National Association of Social Worker's (NASW) Code of Ethics directs workers to "respect the privacy of clients and hold in confidence all information obtained in the course of professional service."
Conservator: A person appointed by a court of proper jurisdiction to have the custody and control of the property of a vulnerable adult.
Contact: An individual who has been exposed to a communicable disease. (Communicable Diseases)
Contact: The process of obtaining information about the offender and/or the offender’s behavior by the ISP Officer(s). The source of the information may be the offender or a collateral person; it may be in person or telephonically; it may be at a variety of locations. The following are recognized as applicable contacts: offender’s residence, school, employer, family/significant other, police, and treatment counselor. (Juvenile Services)
Core Family Team Members: Members of a family/individual team who are non- negotiable. These include the DFS caseworker, foster-parent(s) or their information, parent(s), and vulnerable adult/child(ren)/youth, and natural supports (if appropriate).
Court: means the district court in the district where the vulnerable adult/child(ren), or youth resides or is found
Court Proceedings: Proceedings which have as their purpose the protection of a child(ren) through an adjudication of whether the child(ren) is abused or neglected , delinquent or a Child in Need of Supervision (CHINS), and the making of an appropriate order of disposition, and proceedings where a consent decree is entered.
Credible evidence: (Refer also to Preponderance of the Evidence).
Crisis Shelter: A short-term, emergency services for a child(ren) who is primarily placed by parent(s) and law enforcement. Research defines crisis as lasting 3-7 days while these beds are 30-day stays by contract that are extendable. (Child Protection/Juvenile Services) Domestic Violence shelters may be used as a crisis shelter for vulnerable adults.
Cultural Humility: A cultural humility perspective challenges us to learn from the people with whom we interact, reserve judgement, and bridge the cultural divide between our perspectives in order to facilitate well-being and promote improved quality of life.
Current Living Arrangement: Where the vulnerable adult/child(ren)/youth are living at the time of the crisis or intervention.
Custodian: A person, institution or agency responsible for the child's welfare and having legal custody of a child by court order or having actual physical custody and control of a child and acting in loco parentis.
Custody: Legal status created by court order which vests in a custodian the right to have physical custody of a minor, the right and duty to protect, train and discipline a minor, the duty to provide him with food, shelter, clothing, transportation, ordinary medical care, education and in an emergency, the right and duty to authorize surgery or other extraordinary medical care. The rights and duties of legal custody are subject to the rights and duties of the guardian of the person of the minor, and to residual parental rights and duties
Danger Statement: Credible worries and concerns DFS and others in the community have about the actions the caregiver/youth may take in the future that will harm the child/adult/community.
- Child Protection Danger Statement Formula: Who is worried--about what activities potential caregivers action/inaction---possible impact on the child
- Probation Danger Statement Formula: Who is worried--about what activities potential youth action/inaction---possible impact on the youth/victim/community
Date of Placement: The date the child was removed from her/his home. An exception occurs when a child is removed from his/her home and placed into a jail, mental hospital or one of the state child institutions, such as the Wyoming Boys' School or Wyoming Girls' School, none of which is considered to be foster care. In these situations, the date of placement would begin when the child is removed from this type of facility and placed by the Department of Family Services into foster care. (Child Protection/Juvenile Services)
Department of Family Services (Agency or Department)/ DFS
Department of Health/DOH
Delinquent Act: An act punishable as a criminal offense by the laws of this state or any political subdivision thereof, or contempt of court under W.S. 14-6-242, or an act violating the terms and conditions of any court order which resulted from the criminal conviction of any child but does not include a status offense
Designated Hospital Liaison: The person named by the hospital or health care facility to act as the contact with DFS in all aspects of cases of suspected withholding of medically indicated treatment from disabled infants with life-threatening conditions. (Child Protection)
Detention: The temporary care of a child in physically restricting facilities pending court disposition or the execution of a court order to place or commit a child to a juvenile detention facility
Developmental Disability (state): A disability attributable to mental retardation, cerebral palsy, epilepsy, autism or any other neurological handicapping condition requiring services similar to those required by mentally retarded individuals, that has continue or can be expected to continue indefinitely and constitutes a substantial handicap to the individual’s ability to function normally (W.S. 35-1-613 (a)(ii)).
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 (25 USC § 1901).
Disabled Infant: An infant having a physical or mental impairment which substantially limits or may limit in the future one or more major life activities. (Child Protection)
Discretionary Overrides: A discretionary override is applied by the caseworker to increase the risk level in any case in which the caseworker believes the risk level set by the risk assessment tool does not accurately rate risk for the circumstances. This may occur when the caseworker is aware of conditions affecting risk that are not captured within the items on the risk assessment. Discretionary overrides may increase the risk level by one unit. Discretionary overrides require supervisor approval.
District office: One of the geographic divisions within the Department of Family Services through which Department programs and services are administered.
Division of Developmental Disabilities: The state division responsible for the Resource Center in Lander, Lander as well as extensive preschool services, early intervention services, children’s home and community-based services, adult home and community-based waiver services in Wyoming
Domestic Violence: A pattern of abusive behavior in a relationship used by one partner to gain or maintain power and control over the other partner. Domestic violence can be actions or threats of actions that influence or control another person’s behavior and decisions and are meant to intimidate, humiliate, isolate, frighten, coerce, blame, or injure.
Drug Endangered Child (DEC): Children who are at risk of suffering physical or emotional harm as a result of illegal drug use, possession, manufacturing, cultivation, or distribution. They may also be children whose caretaker’s substance misuse interferes with the caretaker’s ability to parent and provide a safe and nurturing environment.
EA Eligibility: A process of applying certain federal criteria to a family’s/child’s situation to determine eligibility for types of services and period of eligibility under the Emergency Assistance Program. (Child Protection/Juvenile Services)
Educational Neglect: A failure or refusal by those responsible for the child’s welfare to provide an education to the child. Educational neglect includes the willful neglect or failure of a parent, guardian, or custodian to enroll a child subject to compulsory school attendance, including but not limited to an approved home school program. (Child Protection) (CPS Rules, Chapter 1, Section 4(s)(i))
- The Department accept referrals of truancy that have risen to a level to cause the attendance officer to make a referral for absences due to the willful neglect or failure of the caretaker pursuant to W.S. 21-4-104 (a)(ii).
- The Department will accept referrals of child truancy when the school attendance officer has provided notice to the caretaker that his/her child’s school attendance is required by law. After such notice is given, the child must subsequently have two (2) unexcused absences, and the school believes the child’s absences were because of the willful neglect or failure of the caretaker to get the child to school.
Electronic Monitoring: A service designed to assist in structuring the movement of selected juveniles at times during their probation. (Juvenile Services)
Eligibility criteria: A set of situations, standards and/or living arrangements that establishes eligibility for the EA Program. (Child Protection/Juvenile Services)
Emergency Assistance (EA): A program that provides or purchases needed services for children who are abused, neglected or abandoned or at-risk of removal from the home including Chins and Delinquents.
Emotional/Psychological Abuse: An injury to the psychological capacity or emotional stability of a child as evidenced by an observable or substantial impairment in his ability to function within a normal range of performance and behavior with due regard to his culture (Psychological Abuse/Mental Injury) (Child Protection)
Emergency services: Those services that may be provided to assist vulnerable adults to prevent or terminate abuse, neglect, exploitation, intimidation or abandonment until the emergency has been resolved
Enhancement: The mechanism by which an Officer intensifies the supervision of an offender who is already under traditional probation with the Department. (Juvenile Services)
Escapee: A juvenile who has made an unauthorized flight from a facility to which he/she has been committed by the court. (Juvenile Services)
Evaluation: Service evaluation is an ongoing process which occurs throughout each individual case and at many levels of the agency. Service evaluation measures the effectiveness of DFS interventions in supporting the goals of the client and of the agency. The basis for evaluation centers around the question, “Did the services provided improve outcomes?”
Exploitation: The reckless or intentional act taken by any person, or any use of the power of attorney, conservatorship or guardianship of a vulnerable adult, to obtain control through deception, harassment, intimidation or undue influence over the vulnerable adult’s money, assets or property with the intention of permanently or temporarily depriving the vulnerable adult of the ownership, use, benefit or possession of his money, assets or property In the absence of legal authority (Adult Protection):
- Employ the services of a third party for the profit or advantage of the person or another person to the detriment of a vulnerable adult;
- Force, coerce or entice a vulnerable adult to perform services for the profit of another against the will of the vulnerable adult.
- Intentionally misuse the principal’s property and, in so doing, adversely affect the principal’s ability to receive health care or pay bills for basic needs or obligations; or
- Abuse the fiduciary duty under a power of attorney, conservatorship or guardianship.
Facility: For adult protection (APS) cases any board and care home such as, but not limited to, adult workshops, adult day care, adult residential programs, nursing homes, adult group homes, adult foster homes, assisted living homes, and institutions. (Adult Protection)
Failure to Thrive and Fetal Neglect: Failure to thrive (FTT) is a general term used to describe a growth rate or pattern below what is expected. Organic FTT is seen when clear- cut medical reason accounts for the poor growth.
- Nutritional Deprivation: Underfeeding (caloric deprivation) causes over fifty percent (50%) of the cases of failure to thrive (underweight) in infancy.
➢ This is usually documented by a weight gain in the hospital of over two ounces per day sustained for at least a week;
➢ A smaller gain is diagnostic if it far surpasses the gain during an equivalent period of time at home;
➢ These cases do not include failure to thrive secondary to organic causes or a feeding error.
- Malnutrition: inadequate nutrition as diagnosed by a licensed physician.
- Non-organic, or Psychosocial FTT: Described as growth failure related to parent- child pattern of interaction that fails to meet the child’s nutritional needs. Most cases of FTT are a combination of organic and non-organic causes that combine to form a “mixed” type of FTT.
Family Child Care Home: Child care facility in which care is provided for three (3) to ten (10) unrelated children from more than one (1) immediate family, in the primary residence of the provider. (Child Protection/Juvenile Services) (Foster Care)
Family Foster Care: A planned, goal directed child welfare service for child(ren) and their parent(s) who must live apart from each other for a period of time because of physical abuse, sexual abuse, neglect, or special circumstances necessitating out-of-home care. It provides temporary protection and nurturance of children takes place on a twenty-four (24) hour basis in the homes of DFS approved and/or certified families. Placement may include living arrangements in homes of relatives (other than parent(s) or relative(s) from whom the child(ren) was removed). In this level of care the child(ren) attends the public school.
Family Partner(s): The individual member(s) of the Family Team Conference who are identified by the family. (Adult/Child Protection/Juvenile Services)
Family Conference The initial and subsequent gatherings of the family and identified support individuals (Family Team/Support Network) with the purpose of developing a family service plan and supporting its progress. (Adult/Child Protection/Juvenile Services)
Family Conference Facilitator: The person who prepares for the Family Conference, leads the conference and writes the report or family service plan that results from the conference. This can be a DFS representative or a representative from another agency who has been trained as a facilitator. (Adult/Child Protection/Juvenile Services)
Family Team: A team of members ,including the vulnerable adult/child(ren)/youth, parents (including absent parent), maternal/paternal relatives, siblings, other family members, other family supports, and service providers that attend the family partnership conference. Those members of the partnership team that are non-negotiable include the DFS worker, foster- parent(s), parent(s), and vulnerable adult/child(ren)/youth.
Family Planning/Planned Parenthood: Planning intended to regulate the number and spacing of children in a family through the practice of contraception or other methods of birth control. Also, a program or services offering counseling, education and health-care services and/or treatment for family planning purposes and for reproductive health. (Child Protection/Juvenile Services)
Family Service Plan/Family Preservation Plan: Refer to Case Plan
Fatality: The death of a child or vulnerable adult
Fictive Kin: The unrelated biological father or mother of the child's half sibling in the same category as a relative/kinship family. (Child Protection/Juvenile Services)
Fiduciary: A trustee under a testamentary or other trust an executor, administrator, or personal representative of a decedent’s estate, or any other party including a trust advisor or a trust protector, who is acting in a fiduciary capacity for any person, trust or estate. (W.S. 4-10-103 (a)(vii))
Final Risk Level: After completing the override section, indicate the final risk level which is the highest of the scored risk level, policy override risk level (which is always very high) or discretionary risk level.
Follow-up: A caseworker meeting with the family following case closure in substantiated cases. Generally this meeting takes place within three to six months of case closure to ensure that the family is maintaining child safety and permanency. (Child Protection)
Formal Visits: When the child(ren)/youth and parent(s) are able to spend time together to build their relationship. These occur at least monthly but weekly is recommended. If the family members do not reside in the same county, phone calls and letters may be used as weekly visitation. (Child Protection/Juvenile Services)
Foster Care: 24-hour substitute care, with Department of Family Services responsible for placement and care for children outside their own homes. Placement includes living arrangements in homes of relatives (other than parents or relatives from whom the child was removed). Other placements include adoptive placements prior to the finalization of adoption, foster family homes, group homes, and child care institutions including emergency shelters. (Child Protection/Juvenile Services)
Foster-Adopt Home: A home developed specifically with the idea of possible adoption as the outcome of placing a foster child(ren). Such homes may be required to assist in reunification efforts with the child(ren)’s original family, yet must recognize the child(ren) may become available for adoption. The foster-adopt home should be willing to be a resource for the child(ren) regardless of the outcome. Foster Adopt Homes are not encouraged. (Child Protection/Juvenile Services)
Foster Parent(s): person or people who are responsible for providing child(ren)/youth with safe, nurturing, and secure environments when removed from their parent(s) Foster parent(s) may include, but not limited to certified foster parents, relatives (certified or non-certified) and/or affinity/kinship. (Child Protection/Juvenile Services).
Guardian- The person appointed by a court of proper jurisdiction to have guardianship of the vulnerable adult. Guardianships may be limited to specific needs of the vulnerable adult. See also Title 3 of the Wyoming Statutes, Guardianship and Ward. (Adult Protection)
Guardian Ad Litem (GAL): An individual appointed by the court to protect the best interests of a child, vulnerable adult or other incompetent person in a court proceeding. GALs are considered agents or officers of the court, and the office of such persons is to represent the best interests of the child, vulnerable adult or other incompetent person in a court proceeding. (Child Protection/Juvenile Services/Adult Protection)
Goal: A clear statement of what the child(ren)/youth and family want to achieve. The statement indicates what the caregiver/youth will do that demonstrates protective actions to mitigate danger over time. Goals should be positive, strength based measurable, and stated in behavioral terms. They shall be reasonable and achievable and address the underlying conditions or needs while taking into account the identified strengths of the child(ren)/youth and family. (Child Protection/Juvenile Services)
Harm Statement/Statement of Allegations: Past Action by a caregiver/youth that have hurt and/or impacted the child/vulnerable adult/community physically, developmentally, or emotionally.
- Child Protection Harm Statement Formula: Who reported--what caregiver action/inaction---impact on the child.
- Probation Harm Statement Formula: Who reported--what youth action/inaction--- impact on the youth/victim/community.
Health Care Provider: A general term used to identify a health care facility and/or medical professional (e.g., physician, nurse, physician’s assistant) providing, directing, supervising or recommending a schedule of medical services to or on behalf of an individual. (Adult/Child Protection/Juvenile Services)
Hospital Review Committee (HRC): An entity established to deal with medical and ethical dilemmas arising in the care of patients within a hospital or health care facility. Where they exist, HRC may take many organizational forms, such as an "infant care review committee” or an "institutional bioethics committee." (Child Protection)
High Risk Behaviors : Behaviors which place a child at risk of contracting or transmitting Viral Hepatitis, Human Immunodeficiency Virus, or sexually transmitted infections by the following (Adult/Child Protection/Juvenile Services):
- Sexual intercourse with an infected person(s) or person(s) at high risk of infection, to include injection drug users and persons infected with STIs;
- Exposure to infected blood or blood-derived products;
- Multiple sexual partners;
- Sharing needles or other injection paraphernalia with injection drug users;
- Sharing needles or other equipment such as rinse water, body piercing, tattooing, injecting insulin or any other inject able prescription drug. These activities may cause exposure to infected blood;
- Use of alcohol or other drugs can result in increased risk taking.
Human/Labor Trafficking: the recruitment, harboring, transportation, provision, or obtaining labor services through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
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. (Child Protection/Adult Protection)
Immediate Response: Involves in-person contact occurring immediately (Immediate - at that moment and made no later than 24 hours after receipt of the report) with the alleged victim and/or family when the report alleges any of the criteria listed in CPS or APS Rules. (See CPS Rules Chapter 2 or the APS Rules, Chapter 2). (Adult/Child Protection)
Inactive Referral Status: Status requested by a foster home so they are not contacted about taking new placements. (Child Protection/Juvenile Services)
Independent and Transitional Living Services- services to assist a 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
Indian Child: An unmarried person who is under age 18 years old and is a member of or eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe. It should be noted that ICWA applies to children who are members of or eligible for membership only in federally recognized tribes and Alaska native villages and corporations. (Child Protection/Juvenile Services)
Indian Child Welfare Act (ICWA): A federal law which regulates child custody placement proceedings involving Indian children and mandates preventive services before removal. Child custody proceeding does not include placement resulting from an act, if committed by an adult, would be deemed a crime. (Child Protection/Juvenile Services)
Indian custodian: Any Indian person who has legal custody of an Indian child under tribal law or custom or under state law or to whom temporary physical care, custody, and control has been transferred by the parent of the child. (Child Protection/Juvenile Services)
Individuals with Disabilities Education Act (IDEA): law ensuring services to children with disabilities throughout the nation. IDEA governs how states and public agencies provide early intervention, special education and related services to more than 6.5 million eligible infants, toddlers, children and youth with disabilities. ❖ Individualized Education Program (IEP): a written statement for each child with a disability that is developed, reviewed, and revised in a meeting. ❖ Surrogate: Each public agency must ensure that the rights of a child are protected by determining the need for, and assigning, a surrogate parent whenever:
- No parent (as newly defined at 34 CFR 300.30) can be identified;
- The public agency, after reasonable efforts, cannot locate a parent;
- The child is a ward of the State under the laws of that State; or
- The child is an unaccompanied homeless youth as defined in section 725(6) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(6)).
- The surrogate parent alternatively may be appointed by the judge overseeing the child’s case, provided that the surrogate meets the requirements in 34 CFR 300.519(d)(2)(i) and (e).
- A surrogate parent may not be an employee of the State educational agency (SEA), the local educational agency (LEA), or any other agency that is involved in the education or care of the child but that a person otherwise qualified to be a surrogate parent under the IDEA.
Infant: A child less than one year of age. These procedures neither imply that treatment should be changed or discontinued when an infant reaches one year of age, nor affect or limit existing protections under state laws regarding medical neglect of children over one year of age. (Child Protection)
Initiate: When a report is received by the local office, the report is considered initiated and the time lines begin when collateral contacts are initiated and contact is attempted with the victim and the alleged perpetrator. (Adult/Child Protection)
Injection Drug Users (IDUs): Any person who inserts by needle any illegally acquired or un- prescribed drug into his/her own or someone else’s body.
Injunction: An order granted by a court of proper jurisdiction whereby one person or agency is required to do or refrain from doing a specified act. (Adult Protection)
Injury: Any harm, including disfigurement, impairment of any bodily organ, skin bruising, laceration, bleeding, burn, fracture or dislocation of any bone, subdural hematoma, malnutrition, dehydration or pressure sores. (Adult/Child Protection)
Institutional Child/Vulnerable Abuse and Neglect: Situations of child or vulnerable abuse or neglect where a foster home or other public or private residential home, institution, facility or agency is responsible for the child’s welfare. Institutional Child Abuse and Neglect may include, but is not limited to (Child Protection):
- Facility abuse and/or neglect as a result of social or institutional policies, practices or conditions;
- Child abuse and/or neglect committed by an employee of a public or private institution or group home against a child in the institution or group home.
Instrumental Activities of Daily Living (IADLs): The basic tasks that are essential (instrumental) to living independently in a community (e.g. paying bills, preparing meals, shopping, using the telephone, cleaning house, laundering). Tasks do not involve personal care. (See also Activities of Daily Living ADLs)
Intake: The process of identifying cases of vulnerable adult/child neglect and abuse. It refers to all activities which must be performed to receive reports alleging adult/child maltreatment, assess whether the report meets the definition of adult/child abuse or neglect, determines the Department’s response, the urgency of the response, and begin to assess the safety of the adult/child(ren). Track assignment shall be completed within twenty-four (24) hours of receipt of intake. Allegations of abuse or neglect may be received from any source. (Adult/Child Protection)
Intake: Careful detailed work which lays the foundation for making well-informed decisions throughout the life of a case. The quality and consistency of information gathered at this stage directly impact subsequent interventions. (Juvenile Services)
Intensive Family Foster Care (IFFC): Type of foster home certification which is different from specialized foster care as far as the number and variety of therapeutic services provided to the child and foster family. The requirements for IFFC are the same as for specialized foster care with additional requirements as specified in policy. Receives foster care maintenance payment at a specialized rate.
Intensive Supervision Program (ISP): A Court sanctioned, objective-based supervision strategy consisting of three graduated levels designed to focus on public safety, offender accountability, and long-term behavioral change. It is a balanced approach to supervision that involves a full range of community resources including, the offender’s family, treatment professionals, educators/employers, and additional resources targeted solely toward Wyoming Boys’ School and Wyoming Girls’ School bound youth. (Juvenile Services)
Intensive Supervision Program Agreement: The form that outlines ISP requirements. This form is signed by both the ISP participant and the ISP Officer. (Juvenile Services)
Intentional: A conscious and deliberate attempt to inflict harm, injury or intimidation
Intermediate Sanction(s): A graduated continuum of restrictions to be implemented in lieu of revocation when an individual violates his/her program conditions.( Juvenile Services)
Interstate Compact on Adoption and Medical Assistance (ICAMA): ICAMA was established to ensure that adopted children subject to an adoption subsidy agreement moving across state lines receive medical and other services. (Child Protection/Juvenile Services)
Interstate Compact on Juveniles (ICJ): A federal law which provides the mechanism to effect and regulate the movement of a juvenile across state lines while serving the ends of justice, the welfare of the youth and the protection of the community. The Compact has been adopted by every state to provide uniform procedures to permit the return of juveniles who run away and a system under which juvenile offenders can be supervised in other states. Wyoming enacted legislation in 1957, W.S. 14-6-101, Articles I to XVI, and became a member state shortly thereafter. (Juvenile Services)
The Interstate Compact on the Placement of Children (ICPC): ICPC is an agreement among all the states which provides a process to move children across state lines for the purposes of foster care and/or adoption while protecting their safety. It is also used to place children into Residential Treatment Centers. The Compact has been adopted by every state to establish orderly procedures for placement of minors and to fix responsibility for those involved in that placement. Wyoming enacted legislation in 1965, W.S. 14-5-101 through 14-5-108, and became a member state shortly thereafter. (Child Protection/Juvenile Services)
Intervention: An action taken by DFS on behalf of or with a child(ren)/youth, adult, and family having an open case with the department.
Intimidation: The communication by word or act to a vulnerable adult that he, his family, friends or pets will be deprived of food, shelter, clothing, supervision, prescribed medication, physical or mental health care and other medical care necessary to maintain a vulnerable adult. (Adult Protection)
Juvenile Detention Alternatives Initiative (JDAI): The goal of Juvenile Detention Alternatives Initiative is to eliminate the inappropriate use of juvenile detention through alternatives to incarceration. Implemented by the Annie E. Casey Foundation (AECF) utilizing eight core strategies. Wyoming distanced itself from AECF regarding JDAI in 2010 however Wyoming still replicates practices regarding the eight core strategies. (Juvenile Services)
Juvenile Detention Risk Assessment (JDRA): The assessment used by law enforcement when citing a juvenile or taking a juvenile into custody. This assessment helps the law enforcement official make an educated decision on whether to detain the juvenile, release to a parent/custodian, or to place the juvenile in a detention alternative. (Juvenile Services)
Juvenile Assessment: The juvenile risk assessment tool used by DFS JS probation officers to assess youth’s level of risk to re-offend.
Kin/Kinship (Affinity): Individuals whom the child/youth, family or individual recognizes as "family" and who may or may not be related by blood, marriage or adoption. (Child Protection/Juvenile Services/Adult Protection) Also refer to Affinity and Relative
Kinship Care: Individuals whom the child/youth, family or individual recognizes as "family" and who may or may not be related by blood, marriage or adoption. (Child Protection/Juvenile Services) Also refer to Affinity and Kin/Kinship