(Revision. 10/1/16)
AS 47.10 Children in Need of Aid
42 U.S.C. 675 Definitions (Title IV-E)
25 U.S.C. 1901-1923 Indian Child Welfare Act of 1978 (ICWA) (P. L. 95-608)
45 CFR 1356.21(g) Case Plan Requirements
The Office of Children’s Services (OCS) aims to achieve the best possible outcomes related to safety, wellbeing, permanency, cultural continuity, and ICWA compliance for all children entrusted in state custody. This section describes the agency’s expectations for meeting and documenting the above outcome areas during the case planning process.
A case plan must be developed within 60 days of when a child is removed from home.
The case plan must be developed jointly with the parent(s) or guardian of the child in foster care; and
include a description of the services offered and provided to prevent removal of the child from the home and to reunify the family; and
be designed to achieve placement in the least restrictive (most family-like) setting available and in close proximity to the parents' home consistent with the best interest and special needs of the child; and
include a discussion of how the plan is designed to achieve a placement in the least restrictive (most family-like) setting available and in close proximity to the home of the parent(s) when the case plan goal is Reunification and a discussion of how the placement is consistent with the best interests and special needs of the child; and
include a description of the type of home or institution in which the child is to be placed, including a discussion of the safety and appropriateness of the placement and how OCS plans to carry out the voluntary placement agreement entered into or the court order that removed the child from home and placed the child in state custody; and
if the child has been placed in a foster family home or child-care institution a substantial distance from the home of the parents of the child, or in a State different from the State in which such home is located, the case plan must set forth the reasons why such placement is in the best interests of the child; and
if the child has been placed in foster care outside the State in which the home of the parents of the child is located, the case plan must require that, periodically, but not less frequently than every six months, a caseworker on the staff of the State agency of the State in which the home of the parents of the child is located, of the State in which the child has been placed, or of a private agency under contract with either such state, visit such child in such home or institution and submit a report on such visit to the State agency of the State in which the home of the parents of the child is located); and
include strategies for assuring that the child receives safe and proper care and that services are provided to the parents, child, and foster parents in order to improve the conditions in the parent(s) home, facilitate the child's return to his own safe home or the permanent placement of the child, and address the needs of the child while in foster care, including a discussion of the appropriateness of the services that have been provided to the child under the plan; and
includes the health and education records of the child, including the most recent information available regarding:
the names and addresses of the child's health and educational providers;
the child's grade level performance;
the child's school record;
a record of the child's immunizations;
the child's known medical problems;
the child's medications; and
any other relevant health and education information concerning the child determined to be appropriate by the State agency; and
Include strategies for ensuring the educational stability of the child while in foster care, including
assurances that the child's placement in foster care takes into account proximity to the school in which the child is enrolled at the time of placement; and
an assurance that the State agency has coordinated with the local school district to ensure that the child remains in the school in which the child is enrolled at the time of placement; or
if remaining in such school is not in the best interests of the child, assurances by the State agency and the local school district to provide immediate and appropriate enrollment in a new school, with all of the educational records of the child provided to the school; and
where appropriate, for a child 16 or over, include a written description of the programs and services which will help such child prepare for the transition from foster care to independent living; and
for a child for whom foster care maintenance payments are being made or who is receiving independent living benefits or services, include a transition plan that is developed during the 90-day period immediately prior to when a child is turning 18. The transition plan must address options on housing, health insurance, education, local opportunities for mentors and continuing support services, and work force supports and employment services, and must be as detailed as the child chooses; and
in the case of a child with respect to whom the permanency plan is adoption or placement in another permanent home, documentation of the steps the agency is taking to find an adoptive family or other permanent living arrangement for the child, to place the child with an adoptive family, a fit and willing relative, a legal guardian, or in another planned permanent living arrangement, and to finalize the adoption or legal guardianship. When the case plan goal is adoption, at a minimum, such documentation shall include child specific recruitment efforts such as the use of State, regional, and national adoption exchanges including electronic exchange systems; and
if the State has determined that there is a compelling reason not to file a petition for termination of parental rights for a child who has been placed out-of-home for 15 out of the last 22 months, the compelling reason must be documented in the case plan, which must be available for court review.
The department may recommend to the court another planned permanent living arrangement (APPLA) for a child who is in state custody only if:
the child is 16 years of age or older;
the department has unsuccessfully made intensive efforts to find a permanent placement for the child; and
the department, after considering reunification, adoption, legal guardianship, or Permanent Placement with a Fit and Willing Relative, determines that there is a compelling reason that the most appropriate permanency plan for the child is placement in another planned permanent living arrangement, and the department documents for the court the compelling reason for the alternate plan.
Another planned permanent living arrangement (APPLA) means a permanent living arrangement for a child who is committed to the custody of the department under AS 47.10.080(c)(1) that is an alternative to permanent placement with a fit and willing relative, and to reunification, adoption, and legal guardianship.
"Compelling reason" may include circumstances in which:
the child has specifically requested that emancipation be established;
a parent and child have a significant bond, but the parent is unable to care for the child because of an emotional or physical disability, and the child's foster parents have committed to raising the child to the age of majority and to facilitating visitation with the disabled parent.
Case planning will occur for all families who have an open case (in-home or out-of- home).
Case plans will be created and distributed to all appropriate parties within 60 days of assuming custody. For Family Services cases without custody, case plans will be created and distributed to all appropriate parties within 30 days of opening the case for services or no later than 30 days from the case transfer date.
Case planning will encompass areas surrounding child safety, child well-being, child permanency, cultural continuity, and ICWA compliance.
The case planning process must be conducted in a culturally appropriate manner, and sensitivity in cross cultural communication encounters is necessary. OCS employees must be careful to ensure that miscommunication and/or biases are avoided due to a lack of cultural understanding. All clients, regardless of race or ethnicity, should be encouraged to share about their culture during the FSA process.
Considering that a disproportionate number of Alaskan Native families are involved in Alaska’s child welfare system, special considerations must be given to Alaskan Native cultural norms, traditions and behaviors, that should be respected during the FSA and Case Planning process and when facilitating a trauma screening for either parents or children (Section 2.7.2 Family Services Assessment: Case Planning with Parents and 2.7.3 Family Services Assessment: Case Planning with Children). This includes respecting their:
Communication Style;
Presentation;
Belief Systems;
Subsistence Customs;
Childrearing Practices; and
Historical Trauma.
Desired Outcomes for Children And Families:
Child Safety: When families come to the attention of the agency, and the agency intervenes with a family by doing an investigation and assessment, or by opening a case with the family, the desired outcomes for children in the family are:
Children will remain free from substantiated abuse or neglect for 12 months after agency intervention.
Children in out of home care will not be abused or neglected while in care. There will not be a substantiated report of abuse or neglect.
Child Permanency: When children are removed from a parent’s care, the desired permanency outcomes include:
Children will be returned to their parent’s care within one year or placed in a permanent home within one year.
Children will experience no more than two placement changes prior to placement in their permanent home.
Children shall be placed with a relative as a possible alternative permanent care provider within 90 days of removal.
Youth who are likely to remain in foster care until they reach age 21 will have the skills necessary to live independently upon release of state custody.
Child and Family Well-Being: When children are in custody, the desired outcomes for their physical and emotional health include:
Children are medical, dental, educational, and development needs met.
Children’s mental health needs will be met, including an assessment for exposure to trauma and any need for follow up services.
Children placed in out of home care will be in a placement that is least restrictive, can meet the child’s needs, and is culturally appropriate.
Children who are separated from their parents will have the opportunity to maintain contact with their family as appropriate to meet their needs.
Children who are separated from their sibling will have the opportunity to maintain contact as appropriate to meet their needs.
Cultural Continuity: Children in out of home care will continue to participate in their family, cultural, and spiritual traditions, customs, and connections as appropriate to meet their needs.
ICWA Compliance: For children and families who fall under the Jurisdiction of the Indian Child Welfare Act:
Active Efforts will be provided whenever possible to prevent the removal of a child from the family. (See section 4.16(B) for definition of active efforts).
If a child must be removed from a parent or Indian Custodian, they will be placed with another parent, a relative or other Tribal member in accordance with the placement preferences outlined in the ICWA. If not in a first preference placement, efforts shall be made in consultation with the Tribe, parents, children, and family members to locate a family that is of higher preference as outlined in ICWA. Once found, the child may be moved to a higher level of preference placement:
Active efforts are provided to re-unify the family which includes active efforts to assist the family in receiving all needed services in order to achieve the permanency goal.
Active efforts are provided for children placed in out of home care so they maintain contact with their family, culture, customs and Tribal connections.
Required Case Plan Elements: Each case plan document will have the following components:
Identifying Information: Each case plan will include the case name and case number along with the names of the parents and children connected to the case plan.
Permanency Goals:
Each child will have a primary and (when appropriate) secondary (aka alternative) permanency goal on the case plan. (see section 2.7.3 Family Services Assessment: Case Planning with Children).
Also included in this section is:
A description of what efforts are being made to locate and identify a permanent family if the child is placed out of home in a non-permanent placement.
If the permanency goal is adoption or guardianship, an explanation of how that goal is in the child’s best interest and what efforts are being employed to reach that goal.
If the goal is reunification but the child has been out of home for 15 of the previous 22 months, the compelling reasons why a petition to terminate parental rights is not being filed.
Placement Planning: Each case plan will describe efforts to prevent out of home placement for the children and efforts to involve parents, children and the Tribe in the case planning process. If a child is not placed in a first preference placement, or is out of proximity of their parent’s home, or is not placed in a least restrictive setting, or is not able to attend their own school, or is not placed with their siblings, the Protective Services (PS) Specialist must explain how this is in their best interest and what efforts are being made to keep them connected in the above referenced areas.
Reason for OCS Involvement: Each case plan will include a description of the safety threats and/or high risk factors that required OCS to open a case with the family. Additionally, each case plan will include the parent/caregivers perception regarding the safety and risk factors and their understanding of why OCS is involved with them.
Parent/Caregiver Protective Factors, Strengths and Concerns: Each case plan will outline the strengths the parent has related to the 5 protective factors; parental resilience, concrete supports in times of need, social connections, knowledge of parenting and child development, and social and emotional competence of children. These strengths should be identified and confirmed during the Family Services Assessment and are summarized in the case plan. The family strengths can then be a basis for working with the family toward achieving their goals. All concerns should be connected to the safety threats or high risk behaviors and each concern must be addressed in a goal for the parent.
Parent/Caregiver Goals and Activities: Each case plan will include behaviorally specific goals established between the parent and PS Specialist. The goals should be simple, written in the parent’s language, and be connected to the safety threats or high risk factors that caused the child to be unsafe or at high risk in the parent’s care. The selected activities, tasks, and services should help the parent achieve their case plan goals to enhance their protective factors. Included are how OCS will help the parent achieve their goals, who is responsible for what, and reasonable timelines by which to participate in the required services.
Case Plan Goals for Children:
Each child will have a series of case plan goals targeted at meeting their needs and the established permanency goal. The following areas must be addressed for all children in out of home care:
Medical/dental/vision needs;
Mental health needs;
Educational needs;
Cultural continuity;
Developmental needs for children between birth and three years old;
Independent living for youth ages 16 and older;
Other needs specific to each individual child.
For children who are not in custody, their case plans should focus not only those needs that are connected to the reason for opening the case, but also any other areas that need some attention, including an assessment for exposure to trauma and any follow up needed in that area.