(Revision. 10/1/15)
AS 13.26.090 Purpose and Basis for Guardianship
AS 13.26.165 Protective Proceedings
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 (P.L. 113-183)
To provide guidelines for engaging and involving youth in their case planning process and developing case plans that facilitates youths’ transition to adulthood. Regardless of their permanency plan, all youth at age 14 can benefit from a plan that facilitates a successful transition into adulthood and self-sufficiency.
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.
The case plan must be developed in consultation with the child, and at the option of the child, 2 members of the case planning team, who are not the caseworker or foster parent.
The required elements of case plans are addressed in the Background Information subsection of section 2.9.1 A Framework for Essential Case Planning. The following case plan requirements apply specifically to youth:
where appropriate, for a child 14 or over, the case plan must 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
during the 90-day period immediately prior to the date on which a child in State custody will attain 18 years of age or a greater age that the State has elected, a Protective Services (PS) Specialist on the staff of the State agency must provide the child with assistance and support in developing a transition plan that:
is personalized at the direction of the child;
includes specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and work force supports and employment services; and
includes information about the importance of designating another individual to make health care treatment decisions on behalf of the child if the child becomes unable to participate in such decisions and the child does not have, or does not want, a relative who would otherwise be authorized under State law to make such decisions, and provides the child with the option to execute a health care power of attorney, health care proxy, or other similar document recognized under State law; and
is as detailed as the child may elect.
The case plan must document the child’s education, health, visitation, and court participation rights, the right to receive a credit report annually, and a signed acknowledgment that the child was provided these rights and that they were explained in an age appropriate way.
States must ensure that each youth age 14 or older, who is in custody and placed out-of-home, receives without cost a copy of any consumer credit report each year until custody is released, and that the youth is provided assistance in interpreting the report and resolving any inaccuracies.
All the policies in section 2.7.3 Family Services Assessment: Case Planning with Children apply to this section. In addition, the policies in (B) below apply to case planning with youth age 14 and older. In addition, the case plan:
Will be developed with the youth and at the option of the youth, 2 members of the case planning team, who are not the caseworker or foster parent;
Must document the youth’s education, health, visitation, and court participation rights, the right to receive a credit report annually, and a signed acknowledgment that the youth was provided these rights and that they were explained in an age appropriate way.
Each youth who is in custody and placed out-of-home, receives without cost a copy of any consumer credit report each year until custody is released, and that the youth is provided assistance in interpreting the report and resolving any inaccuracies.
Transition Plan:
A transition plan will be developed for all youth in custody and out-of-home placement who are 14 years of age or older and updated in accordance with the following time lines:
The initial plan must be developed within 30 days following the youth's 14th birthday. If a youth enters care after their 14th birthday, the initial plan will be developed within 30 days of when the youth enters care.
The transition plan will account for the identified permanency goal(s), and activities on the transition plan will support the achievement of the permanency goal(s). For youth 16 and older with a goal of APPLA there will be continued efforts towards permanency and lifelong connections.
The plan must be updated at least every six months and during the 90 day period immediately prior to when the youth’s case is closed.
Every effort will be made to ensure that a face-to-face transition planning session occurs at least annually.
The transition plan is part of the case plan and identifies goals and programs, services, knowledge, skills, and supports which will help prepare the youth in their transition from custody.
Development of the plan will include an assessment of the youth’s ability to live self-sufficiently and take into consideration any disabilities, mental health issues, or developmental delays that may mean that the youth will require ongoing supportive services after release from foster care.
OCS will not recommend that a youth aged 18-21 be released from custody if the youth needs out-of-home care and lacks supports to ensure self-sufficiency.