37.93.705    CHILD PLACING AGENCY: THE PLACEMENT PROCESS

In addition to an agency's responsibility to study and supervise the ongoing operation of its licensed agency youth foster homes, the agency shall comply with the following requirements applicable to the placement process:

(1) Intake procedures and practices.

(a) The intake study shall be written and shall include:

(i) the identification of the specific needs of the child and family which warrant consideration of removal and placement of the child;

(ii) the family's strengths;

(iii) the involvement of the child's parent(s) and significant others in his/her care;

(iv) the available resources;

(v) the stated goals for the family;

(vi) available social and medical history of the child and all family members; and

(vii) the child's legal status, including parental agreement/court order.

(b) The agency shall keep a record of all requests for services, placements and the reasons for acceptance and denial of services.

(2) Case plan.

(a) The agency shall develop a written case plan upon completion of the intake study and prior to placement. In cases of emergency placements, the assessment and case plan shall be initiated within 1 week and completed within 6 weeks of placement. The plan shall include, but not be limited to, the following:

(i) documentation of whether available social services to preserve and strengthen the family unit have been provided to the family and child and that all alternatives to placement and their consequences have been explored with them;

(ii) the reasons for the selection of the type of care and how it meets the child's and family's needs;

(iii) projected duration of care;

(iv) preplacement activities with child and family;

(v) specific initial case goals for the child and family;

(vi) specific steps to accomplish goals;

(vii) specific time schedule for goals;

(viii) designation of responsibility for carrying out steps with the child, parent(s) , foster parent(s) , adoptive parent(s) , and the court (when involved) , including frequency of contacts;

(ix) visiting plans between the child, parent(s) , and siblings, if appropriate;

(x) date of first review of progress; and

(xi) description of the conditions under which the child shall be returned home or when termination of parental rights should be initiated.

(b) The agency shall include the parent(s) , other significant persons, and the child (when appropriate to age and understanding) in the development of placement and case plans.

(c) The agency, prior to accepting a child for placement, shall secure from parent(s) , guardian(s) , or court, written authority to place the child and to obtain medical care.

(d) The agency shall help the parent(s) to understand the legal rights and obligations that they retain and those delegated to the agency by the court.

(3) Supervision and review of the case plan.

(a) The agency shall complete a review of the case plan at least every 6 months indicating progress toward goal achievement and changes made in the service plan.

(b) The agency shall include in the review an assessment of the child in care, the progress of the growth and development of the child, the relationships between the child and care givers, and the problems which may have occurred.

(c) The case review shall utilize either administrative staff or outside agency personnel to ascertain whether children are being served in a prompt, effective manner and the progress on permanent plans for each child.

(4) In the case of a temporary placement of a child prior to placement with the potential adoptive parents which will not exceed 7 consecutive days in duration, the requirements of (1) and (2) of this rule shall be waived. A study incorporating the applicable requirements of (1) and (2) shall be written within 7 days of termination of the temporary interim placement.

(5) Placement services to families and children.

(a) Services to biological parent(s) :

(i) The agency shall make services accessible and available to parent(s) requesting them.

(ii) The agency shall help the family gain access to the services necessary to preserve and strengthen the family and to accomplish the case plan goals. While the child is in care, the agency shall assist parent(s) with the problems and needs that brought about the need for placement.

(iii) The agency shall make counseling available to expectant parent(s) considering placement before the child is born and immediately thereafter.

(iv) The agency shall encourage contacts between parent(s) and children after placement, in accordance with the case plan.

(v) The agency shall have a signed agreement with the parent(s) of the child in care which includes, but is not limited to, the expectations and responsibilities of the agency and the parent(s) for carrying out the steps to meet the case plan goals, the financial arrangements for the child in care, and visiting plans.

(b) Selection of care:

(i) The agency shall select the most appropriate form of care for the child consistent with the child's and family's needs for foster care or adoption.

(ii) In choosing such care, the agency shall provide for any specialized services the child may need and shall make every effort when placing to select the least restrictive and most appropriate setting closest to the child's home.

(iii) The agency shall involve the child's parent(s) in the selection of care to the maximum extent possible.

(iv) The agency shall only place the child(ren) in a licensed youth care facility.

(c) Preplacement preparation:

(i) The agency social worker for the child shall become acquainted with the child and biological family prior to placement, except when a child is placed on an emergency basis.

(ii) The agency social worker shall help the child understand the reasons for placement and prepare him/her for the new environment. The caseworker shall plan and participate in at least one preplacement visit (except when placing under emergency conditions) and shall be available for supportive services to the child, the birth parent(s) , and the foster parent(s) .

(iii) The agency shall obtain and record a developmental history for each child.

(d) Services during care:

(i) The agency shall supervise care of the child and shall coordinate the planning and services for the child and family as stated in the case plan.

(ii) The agency worker shall see a child as often as necessary to carry out the case plan. For children in foster homes, there shall be no less than two visits per month during the first 3 months of care and monthly visits thereafter. For children in youth group homes or child care agencies, there shall be no less than two visits during the first month of care and quarterly thereafter.

(iii) The agency worker or, by written agreement, the residential group care worker shall meet with the parent(s) and child together on a regular basis to assess and work on the following:

(A) progress in resolving problems which precipitated placement;

(B) parent and child relationship difficulties;

(C) adjustment to separation; and

(D) achievement of case plan goals.

(iv) The agency shall refer the parent(s) to other agencies in the community providing appropriate services when they require services which the agency does not offer. The agency shall maintain communication with the agency providing service when a cooperative effort has been arranged.

(v) The agency shall make provisions for specialized services and health care services as stated in the case plan.

(vi) The agency shall be available to give foster parent(s) assistance, consultation, and emotional support with situations and problems encountered in fostering children.

(e) Aftercare services:

(i) The agency shall make continuing supportive services available for children and families for at least 6 months following an adoption or a child's return to his/her family in order to strengthen and support new or renewed family functioning.

(ii) The agency shall offer supportive help and referral services to parent(s) who decide not to place their child after receiving agency services.

(f) Interstate placements. The agency shall send written notice to the administrator of the interstate compact on placement of children whenever an agency plans to place a child in another state or receives for placement a child from another state and shall comply with the requirements of 41-4-101 , et seq., MCA, in making or receiving an interstate placement.

(6) If the parents' rights have been legally terminated or the whereabouts of the child's parents is unknown or the child has no parents or guardians in the United States, the requirements set forth in this rule regarding the involvement of parents in the placement process do not apply.

History: Sec. 53-4-111 and 53-4-403, MCA; IMP, Sec. 53-4-113 and 53-4-403, MCA; NEW, 1985 MAR p. 278, Eff. 3/29/85; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 MAR p. 661.