Sec. 07.02.11.13. Case Planning for Permanency

A. Within 60 days after removal, the local department, together with the child's parent or legal guardian, shall develop a written case plan for each child in out-of-home placement. The case plan shall include concurrent permanency plans, except as provided in §B of this regulation, and shall:

(1) Describe the circumstances that make placement necessary;

(2) State with whom the child was living before placement and their relationship to the child; and

(3) Describe the efforts that were made but were unsuccessful in preventing or eliminating the need for removal from the child's home including the consideration of both in-State and out-of-State placement options, or why such efforts were not possible.

B. The local department shall:

(1) Identify and develop a concurrent permanency plan, as appropriate;

(2) Consider the following factors in determining that the concurrent permanency plan is in the best interests of the child:

(a) Child's ability to be safe and healthy in the home of the child's parent or legal guardian;

(b) Child's attachment and emotional ties to the child's siblings, parents, or legal guardian;

(c) Child's emotional attachment to the child's current caregiver and the caregiver's family;

(d) Length of time the child has resided with the current caregiver;

(e) Potential emotional, developmental, and educational harm to the child if moved from the child's current placement; and

(f) Potential harm to the child by remaining in State custody for an excessive period of time;

(3) Prioritize permanency plan options using the following order of preference:

(a) Reunification with the parent or legal guardian;

(b) Placement with a relative for adoption, or custody and guardianship;

(c) Adoption by a non-relative;

(d) Guardianship by a non-relative; or

(e) Another Planned Permanent Living Arrangement (APPLA);

(4) Project the year and month when the concurrent permanency plans shall be achieved;

(5) Describe the specific service and behavioral objectives that shall be achieved before the return of the child to the parents or legal guardian if one of the concurrent permanency plans is reunification;

(6) Identify the services to be provided to the parents, legal guardian, and the child in order to achieve the permanency goals;

(7) Describe how the local department plans to carry out any voluntary placement agreement;

(8) Include consideration of the least restrictive setting appropriate to the child's safety and care needs and when determining a permanency plan consider the following in descending order of priority:

(a) The local jurisdiction where the child's parent or legal guardian resides; or

(b) Placement in another jurisdiction in the State, based on a compelling reason that it is in the best interest of the child because:

(i) The child has strong ties to family, a placement resource, or other community resources in another jurisdiction in the State;

(ii) Necessary specialized services are not available to the child in the local jurisdiction but are available in another jurisdiction in the State; or

(iii) There are no placements available in the jurisdiction to meet the individualized special placement needs of the child;

(9) Include the following considerations when it is necessary to place a child in another jurisdiction according to this regulation:

(a) The availability of resources to provide necessary services to the child;

(b) The accessibility to family treatment, if appropriate; and

(c) The effect on the local school system in the jurisdiction of consideration;

(10) Describe the type of home or institution in which the child has been, or is to be, placed, and discuss the safety and appropriateness of the placement with documentation describing how the placement is:

(a) The least restrictive setting available; and

(b) In close proximity to the parents' or legal guardian's home, consistent with the best interest and special needs of the child;

(11) Discuss how the local department plans to carry out specific court orders, if any, pertaining to the child;

(12) Include a plan for ensuring that the child receives safe and appropriate care;

(13) Include a plan for working to ensure that services are provided to the child, parents or legal guardian, and resource parents to improve the conditions in the parents' or legal guardian's home and to facilitate the child’s return to his or her own safe home or other safe and appropriate permanent placement;

(14) Include a plan for working to ensure that services are provided to the child and foster parents to address the needs of the child while in foster care;

(15) Discuss the appropriateness of the services that have been provided to the child under the plan;

(16) For a child 14 years old or older, include a written description of the life skills training which will help the child prepare for independent living;

(17) To the extent available and accessible, include the most recent health and education records of the child, including:

(a) The names and addresses of the child's health and educational providers;

(b) The child's grade-level performance;

(c) The child's school record;

(d) Assurances that the child's placement in out-of-home placement takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement;

(e) Assurances that the child who is 5 years old or older:

(i) Is enrolled, or in the process of enrolling, in a full-time elementary or secondary school program;

(ii) Has completed secondary school;

(iii) Is participating in, or scheduled to participate in, an independent study program administered by a local school district; or

(iv) If a child is incapable of attending school on a full-time basis due to a medical condition, the incapacity must be documented and regularly updated in the case plan;

(f) A record of the child's immunizations;

(g) The child's known medical problems;

(h) The child's medications; and

(i) Any other relevant health and education information required by Regulations .08 and .12 of this chapter; and

(18) Deliver and document reunification services offered and time-limited reunification funds utilized.

C. The case plan shall be reassessed within 120 days of the initial plan, and every 180 days after that.

D. The local department shall amend the case plan, as necessary, in light of the child's situation and of any court orders which affect the child.

E. Within 60 days following placement and whenever the plan is amended, or upon request, the local department shall give a copy of the permanency plan and service agreement to the:

(1) Child's parents or legal guardian; and

(2) Child or the child's attorney.

F. The local department shall maintain a copy of the case plan and service agreement in the case record.