3.1 Administrative Reviews
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3.1 Administrative Reviews

(Revision. 10/1/16)

Authority:Authority:

25 U.S.C 1901–1923 Indian Child Welfare Act of 1978 (ICWA) (P. L. 95-608)

42 U.S.C. 670-675 Title IV Part E – Federal Payments for Foster Care and Adoption Assistance

AS 47.06.030(5)(c) Legislative Findings Related to Children

AS 47.10.086 Reasonable Efforts

AS 47.10.088 Termination of Parental Rights and Responsibilities

AS 47.14.100 Powers and Duties of Department over Care of Child

Federal Register,

Vol. 44, No. 228 Guidelines for State Courts; Indian Child Custody Proceedings (1/26/79)

 

Purpose:Purpose:

Provide standards and guidelines for conducting administrative reviews. The purpose of the administrative review system is to review:

  1. continuing necessity for and appropriateness of placement

  2. the extent of compliance with the case plan

  3. the extent of progress which has been made toward alleviating or mitigating the causes necessitating placement in foster care

  4. projection of likely date by which the child(ren) may be safely returned home or placed for adoption or legal guardianship.

  5. the steps the agency is taking in cases where the youth 16 or older with Another Permanent Planed Living Arrangement (APPLA) goal, ensuring the foster family home or child care institution is following the reasonable and prudent parent standard. To ascertain whether the youth has regular, ongoing opportunities to engage in age or developmentally appropriate activities.

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Background Information:Background Information:

Federal Requirements:

  1. Administrative Reviews:

    1. It is required that the status of each child be reviewed periodically but no less frequently than once every six months by a court or administrative review (as defined below) in order to determine:

      1. the safety of the child;

      2. the continuing necessity for and appropriateness of the placement;

      3. the extent of progress in reducing safety threats and enhancing Protective Factors with the case plan;

      4. a likely date by which the child may be returned to and safely maintained in the home or placed for adoption or legal guardianship,

      5. for a child for whom another planned permanent living arrangement has been determined as the permanency plan, determine the steps the state/Tribal agency is taking to ensure the child’s foster family home or child care institution is following the reasonable and prudent parent standard and to ascertain whether the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities

    2. The term "administrative review" means a review open to the participation of the parents of the child, conducted by a panel of appropriate persons at least one of whom is not responsible for the case management of, or the delivery of services to, either the child or the parents who are the subject of the review.

Policy:

  1. Periodic reviews will be conducted for all children in OCS custody who are placed out of the home. This includes cases where trial home visits are in effect. OCS will review the child’s case through the administrative review process every six months until the case is closed.

  2. The Panel members may include the Protective Services Specialist (PSS) and/or PSS IV, Tribal representative, Guardian ad Litem, and reviewer. In cases where the youth 16 and older has Another Permanent Planned Living Arrangement (APPLA) the youth and the resource family may also be invited.

  3. Meeting Organization: All participants will be encouraged to provide input in the reviews. The following will be followed for the organization of the meeting:

    1. Introduction of Participants – facilitator;

    2. Presentation of Case – PSS;

    3. Input/feedback from parties – parents, Tribe, GAL; and

    4. Review of five items – all parties

      1. continuing necessity for and appropriateness of placement;

      2. the extent of compliance with the case plan;

      3. the extent of progress which has been made toward alleviating or mitigating the causes necessitating placement in foster care;

      4. projection of likely date by which the child(ren) may be safely returned home or placed for adoption or legal guardianship; and

      5. the steps the agency is taking in cases where the youth 16 or older with Another Permanent Planed Living Arrangement (APPLA) goal, ensuring the foster family home or child care institution is following the reasonable and prudent parent standard. To ascertain whether the youth has regular, ongoing opportunities to engage in age or developmentally appropriate activities.

  4. Documentation of Administrative Reviews: All administrative reviews will be documented in ORCA. Documentation will be completed immediately after the review is held. The documentation should be focused on the findings from review of the five required elements.