(Revision. 9/7/18)
AS 47.05.065(4)(B) Legislative Findings Related to Children
AS 47.10.010 Jurisdiction
AS 47.10.080(s) Judgments and Orders
7 AAC 54.255 Children’s Services Grievance Procedures
To provide a change of placement protocol.
When a child has been removed from their home, the child should be placed in a safe, secure, and stable environment, and should not be moved unnecessarily.
When Office of Children’s Services (OCS) has custody of a child, OCS has the authority to transfer the child from one placement setting to another, as long as the transfer is in the child’s best interest.
Advance notice of a non-emergency transfer must be given to the:
the child;
the child’s parents, guardian, or Indian Custodian;
the child’s foster parents or out-of-home caregiver (the notice to the foster parent must be issued at least 48 hours in advance of the intended removal);
the guardian ad litem (GAL);
the child’s attorney, and
the child’s Tribe.
A party opposed to the proposed transfer may request a hearing and must prove by Clear and Convincing Evidence that the transfer would be contrary to the best interest of the child.
A foster parent may not file a grievance for the emergency removal of a child. A foster parent may file a grievance for the removal of a Foster Child on a non-emergency basis, resolution, and review of children’s services grievances 7 AAC 54.260. The request shall be granted unless a protective services regional manager finds that:
removal is in the best interests of the child;
the child is being returned to the legal parent or guardian;
removal is in response to an allegation of abuse or neglect in the foster home; or
removal is ordered by a court.
A foster parent or unlicensed relative caregiver who requests a non-emergency change in placement is required to provide OCS with reasonable advance notice of the requested change.
When the department transfers a child from one out-of-home placement to another, the department shall search for an appropriate placement with an Adult Family Member or family friend who meets the foster care licensing requirements established by the department. A supervisor at the department shall certify in writing in the case file whether the department has searched for an appropriate placement with an adult family member or friend. If the department has not complied with the search requirements the supervisor shall work to ensure that the department completes the search in the shortest time feasible.
Services should be provided during the transition period to help prepare all parties for the placement change and help the family, resource family or child cope with their feelings about the change or termination of the placement.
Moving a child from one full-time care provider to another full-time care provider is only explored when the placement is not meeting the child’s needs. Change of placement occurs whenever an out-of-home placement is no longer necessary:
It is determined that placement is not meeting the child's needs, or
At the request of the caregiver.
Prior to a placement change, a relative search will be conducted as outlined in 3.4.2 Searching for Relatives, Identifying and Processing Requests for Placement. The Protective Services Specialist (PSS) IV will certify in a Relative/Placement Search note in ORCA that a search for an appropriate relative or family friend was conducted.
OCS will provide written notification of placement changes to the legal parties and to the foster parents or out-of-home caregivers. Legal Parties include the parents, legal guardian or Indian custodian and their attorneys, intervening Tribe(s), GAL/CASA, child’s attorney, and grandparents (when applicable). OCS will also provide notice to all affiliated non-intervening Tribes.
Advance notice will be provided when the placement change is likely to occur in two days or more:
When possible, send the notice ten days before the placement change.
When ten-day notice is not possible, provide the notice will at least two days before the placement change.
When OCS has less than 48 hours of notice of the placement change, a notification of change of placement will be sent within five calendar days of the change.
If a foster parent grieves a non-emergency decision to remove a child placed in the foster home, the PS Specialist will follow the procedures in Section 1.6 Grievance, Fair Hearings, and Appeals.