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PURPOSE
Occasionally, when a family/child is receiving Child Protective Services from the Department, a plan may be proposed by the family, child, worker, or other person for care of the child outside of his own home. Use of informal care arrangements during initial phases of assessments may be required and can provide safety and continuity for the child.
Safety is our primary focus while assessing reports and throughout a case. This is even more apparent when responsibility for serious injury is being studied. There are instances where the determination of the need to file an emergency protection order is being considered and yet there are safety issues that make it necessary to ensure that children are in a safe environment while that decision is being made. An interim care arrangement can be a viable option in some cases, however, is an option that requires thorough assessment.
The Department has responsibility to determine whether there is abuse/neglect or risk of abuse/neglect in the child’s present situation or any informal proposed arrangement, and what continuing Child Protective Services, if any, are necessary.
PRACTICE STANDARDS
1. Determination of Safety
| a. | The worker will determine whether there is reason to suspect child abuse/ neglect of the child or other children in the current situation or proposed arrangement using standard safety assessment procedures. |
| b. | If jeopardy to the child exists in either the child’s own home, or in the proposed caretaker’s home, and the parents will not change their plan for care, the worker will seek a child protection order. |
| (1) | The court may order a change of custody to a suitable custodian. |
| (2) | If safety allows and whenever possible, a Family Team Meeting should be held prior to the filing of a PPO. A Family Team Meeting might not help to finalize a decision about filing, but it could allow an interim plan that can ensure safety. An example would be a relative agreeing to have the children in their home. An interim plan should include another party who makes sure the children are with the specified relative during the process of completing the assessment. |
| (3) | The In-district Team Decision Making Process should be followed whenever possible for any PPO and information regarding interim care arrangements should be presented. |
Between the time of filing a protective petition and the hearing, it is conceivable that an alternate child protective case plan will be made/agreed to which will safely care for and protect the child, and that dismissal of the petition may be considered.
2. Legal Advice
a. Parents and/or proposed caretakers will be advised to contact an attorney if they wish legal advice regarding delegation of parental responsibility.
| b. | The participants must be informed that social workers are not licensed to practice law and cannot give legal advice. Assistant Attorneys General can give advice to Department staff. The Department does not give legal advice to private citizens, nor pay for attorneys for private citizens. |
3. Case Plan Responsibilities
There may also be times where extended family members are making arrangements or decisions to bring a child into their home but another relative will care for the children for a very short time until matters concerning the long term provider are resolved. Again that can be a satisfactory decision as long as compliance planning takes place and is followed.
These concepts also apply in ensuring that we adequately plan for the long term placement that will meet the needs of children and not compound the trauma they have already faced. Short term informal arrangements with adequate compliance planning can assist children in avoiding the trauma of unnecessary stranger placements or moves in the system.
| a. | In general, carrying out of the activities for proposed care of a child outside of own home is the responsibility of the family and proposed caretakers. |
| b. | The worker’s responsibility is to determine whether/what activities have been carried out, and what continuing responsibility, if any, the Department has related to the protection and safety of the child. |
| c. | Parents and caretakers need to be informed that the Department does not assume placement or financial responsibility unless the child has been accepted into a formal substitute care program. |
| d. | If a child is to enter state care and the proposed resource it out of state, a request for study and any continuing services is made through the Interstate Compact on Placement of Children (ICPC) procedures. |
4. Licensing Issues
The worker will inform the family of licensing requirements and request that the licensing staff send any necessary applications for a license to the proposed caretakers in the event there is a possibility the child might enter DHHS care. The purpose of licensing is to ensure a basic level of safe care.
5. Legal Arrangements
The worker is responsible to ensure that:
| a. | The proposed caretaker is willing and able to provide care by reviewing the needs of the child and the resources available to the proposed caretakers. |
| b. | If necessary the family agrees to signing of an independent agreement with the parents which includes responsibilities delegated and financial arrangements. |
| (1) | A copy of any agreement will be placed in the case record. |
| c. | Educational planning is conducted to assure continuity of education. Schools will admit children not living with a legal parent or guardian if the superintendent of the school determines that it is in the child’s best interest, due to extenuating circumstances and not just for school purposes. Parents or guardians may request that the Commissioner of the Department of Education review the superintendent’s decision (Title 20-A MRSA §§52001, 5202 and 5205). |
6. Formal Guardianship
| a. | When the Department’s case plan includes the proposed caretaker’s seeking legal guardianship, the worker will inform the caretaker of all other relevant options for care and then, if needed, assist the proposed caretakers and the parents in outlining the necessary tasks. |
b. Situations which may require formal guardianship include:
(1) Deceased parents
(2) Financial considerations
(3) Consents for services from some providers
| 7. | Semi-Independent Living |
| 8. | The family may wish to consider this option when: |
a. The youth is age 16 or older.
| b. | Reasonable plans have been made for provision for the youth’s room, board, health care and education, vocational training, employment and reliable adult connections for support. |
| c. | The youth is sufficiently mature and adept at daily living skills to function responsibly with regard to own needs and behavior without immediate or continuous supervision. |
| d. | Living with own family or in a child care arrangement is not appropriate given the circumstances. |
| e. | There is a parent or guardian who has ultimate responsibility. |
| f. | A responsible adult is available to the youth for advice and counsel. |
| g. | A working agreement between the youth and the family or guardian is preferred: |
| (1) | The worker will offer to assist in the negotiation of the agreement. |
| (2) | A copy of any agreement will be placed in the case record. |
9. Emancipation
| a. | The youth/family may wish to consider this option if the youth meets the statutory criteria (Title 15 MRSA §3056-A), which essentially includes: |
b. (a)-(d) in semi-independent living above.
Additional statutory provisions:
(1) The youth refuses to live at home
(2) Emancipation is in the best interests of the child.
| (3) | The youth has the right to be represented by legal counsel; [appointed by court, if indigent]. |
| (4) | Parents/guardians are served notice of court hearing date. |
| c. | Copies of the youth’s petition and the court’s determination will be placed in the case record. |
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