2.2.3.2 Present and Impending Danger and the Child Safety Plan

(Revision. 12/19/16)

Authority:Authority:

AS 47.17.030 Actions on Reports; Termination of Parental Rights

42 U.S.C. 5106 a (b)(2)(A) Grants to States for Child Abuse and Neglect Prevention and Treatment Programs

Federal Register Vol. 81, No. 114 Rules and Regulations (effective 12/12/16)

Purpose:Purpose:

To ensure child safety by accurately identifying present or impending danger and implementing a Child Safety Plan to provide the child with responsible adult supervision and care in the home.

Background Informaiton:Background Informaiton: 

Federal Law:

  1. In order to receive funding under the Child Abuse Prevention and Treatment Act, each state is required to operate a statewide program, relating to child abuse and neglect, that includes procedures for reporting known or suspected instances of child abuse or neglect and procedures for the immediate screening, risk and Safety Assessment, and prompt investigation of such reports.

  2. A parent or Indian Custodian consent to a foster care, the placement must be executed in writing. For consent to foster care placement, the parent or Indian custodian may withdraw consent for any reason, at any time, and have the child returned.

State Law:

  1. The Office of Children’s Services (OCS) is required to investigate reports of child abuse and neglect and take action, in accordance with law, that may be necessary to prevent further harm to the child or to ensure the proper care and protection of the child.

Policy:

Policy:

  1. Assessment of safety occurs during the Investigation and Assessment (IA) process and continues during each contact with the family while the case is open for services, regardless of custody or placement.

  2. If present or impending danger exists, the Protective Services Specialist (PSS) must take action to ensure child safety.

  3. The child Safety Plan (06-9775) must be developed in collaboration with the parents and their supports including the Tribe for ICWA eligible children.

  4. The child Safety Plan (06-9775) form will be used to document the action needed to keep the child(ren) safe.

  5. The PSS will file an emergency petition when danger exists and emergency removal of the child is necessary.

  6. When parents are willing to participate in an out-of-home child Safety Plan (06-9775), the PSS must file a non-emergency petition that requires removal within 24 hours of the plan going into effect.

  7. The plan will remain in effect up to 30 days and can be re-evaluated for an additional 30 days if needed.

  8. Children taken into emergency custody will not have a child Safety Plan (06-9775). The out-of-home placement is the safety plan.