SOP 7C.10.1

R. 8/1/03

PROCESS OVERVIEW for Permanency Goal in OoHC Cases

COA STANDARDS:

  • G8.5.05 Family-Focused Service Planning
  • G8.6 Appropriateness of the Service Plan
  • S10.3.02 Service Element: Assessment
  • S10.3.04 Service Element: Assessment

LEGAL AUTHORITY:

  • KRS 199.801 Procedure for placement of children who are in custody of department.
  • KRS 600.020 Definitions for KRS Chapters 600 to 645.
  • KRS 610.125 Permanency hearing after custody given to Department of Juvenile Justice or cabinet.
  • KRS 620.180 Administrative regulations.
  • KRS 625.090 Grounds for termination.
  • 922 KAR 1:140. Foster care and adoption permanency services.

PROCEDURE:

1.The SSW, with the Family Team Meeting members, selects a permanency goal based on the best interest and the specific needs of the child. Factors to be considered in the choice of a permanency goal may include the family’s:

(a)Protective capacity;

(b)Commitment to parenting the child;

(c)Ability to use available financial and other resources adequately for the child;

(d)Understanding of the difficulties that led to placement;

(e)Motivation to work on those difficulties and to accept services from DCBS and others;

(f)Resources and needs in relation to parenting, particularly any special problems, such as mental illness, physical illness, alcohol and other substance abuse, that may have to be resolved before parenting the child may be resumed;

(g)Ability and willingness to work with DCBS and as members of a team to support the child in placement; and

(h)Availability of relatives and others in the family environment, such as neighbors or religious organizations, who can be enlisted in the natural support network of the family.

2.To achieve permanent placement as expeditiously as possible, the SSW begins mediation with parents toward Voluntary Termination of Parental Rights (TPR) if aggravated circumstances exist and/or the family does not make sufficient progress toward achieving the objectives specified in the Case Plan.

3.The SSW must consider Involuntary Termination of Parental Rights (TPR) at the twelve (12) month Permanency Hearing.

4.TPR may be considered by the SSW prior to the child’s twelfth (12th) month in care if:

(a)Aggravated circumstances exist as outlined in 7D.6 Reasonable Efforts and Aggravated Circumstances SOP, negating reasonable efforts by the SSW for reunification as outlined in 7C.14 Reasonable Efforts SOP; and/or

(b)The family does not make sufficient progress toward achieving the objectives specified in the Case Plan.

5.Prior to pursuing an involuntary TPR, a Pre-Permanency Planning Conference is held by the SSW with other DCBS staff as necessary and the Regional Attorney or the Office of the General Counsel to determine the appropriateness of this plan. If TPR is to be pursued at the Permanency Hearing the SSW:

(a)Schedules the Pre-Permanency Planning Conference:

(1)During or before the eleventh (11th) month in care and the SSW/FSOS contacts the Regional Attorney or the Office of the General Counsel in Frankfort to request their attendance to assess the evidentiary needs of the case;

(2)Allows ten (10) working days prior to the conference, Family Team Meeting to notify participants of the meeting and announce the change in permanency goal, in the event the Pre-Permanency Planning Conference concludes with consensus on initiating TPR;

(3)To present factual information on the case that provides grounds for the TPR action, including services provided and the client’s response to those services as outlined in 7D.32.1 Overview of Grounds for Involuntary TPR SOP;

(4)Upon determination to proceed with TPR sends the DSS-161, Request for Involuntary TPR to the SRA or designee within two (2) calendar weeks of selecting adoption as the goal, which is then signed and a copy of both sent to OGC; and

(5)Request the Permanency Hearing be scheduled within thirty (30) days of that determination.

(b)Submits the Case Plan, changing the Permanency Goal to adoption, prior to the hearing date if it is determined during the Pre-permanency Planning Conference that initiation of TPR is in the best interest of the child at that time;

(c)Thoroughly documents justification in the case record if it is determined that initiation of TPR is not in the best interest of the child at that time and a goal of adoption is considered at each subsequent hearing; and

(d)Changes the goal after the Permanency Hearing if the Judge does not agree with the permanency goal.

6.A child in OOHC is required to have an appropriate and current permanency goal recorded in the Case Plan and the SSW selects the most appropriate permanency goal from one of the following:

(a)Return to Parent;

(b)Adoption;

(c)Legal Guardianship;

(d)Permanent Relative Placement;

(e)Planned Permanent Living Arrangement; or

(f)Emancipation.

7.The SSW is required to have a plan of Independent Living Services for youth, age twelve (12) and older, which is designed to assist them in transition to the greatest degree of independence in adulthood of which the youth is capable. The plan is written as an objective on the OOHC section of the Child Youth Action plan and attempts are made to implement it, regardless of a youth’s permanency goal and physical or mental condition or capacity.