Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 35 - Children's Division › Chapter 35 - Alternative Care › Section 13 CSR 35-35.120 - Foster Care Case Management Contracts

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This proposed amendment establishes the
				  governing provisions for foster care case management contracts in light of the
				  amendments to section
				  210.112,
				  RSMo, enacted into law by House Bill 1414 (2020).
PURPOSE: This rule establishes the governing
				  provisions for foster care case management contracts to provide a comprehensive
				  system of service delivery for children and their families as set forth in
				  section
				  210.112,
				  RSMo.
(1) This rule shall
				apply to the foster care case management contracts for the provision of case
				management services for youth placed in the custody or under the supervision of
				the Children's Division (CD) as provided in section
				210.112,
				RSMo, as well as govern the work of contractors and their subcontractors,
				officers, agents, and employees pursuant to those contracts. This regulation
				shall apply to any subcontractors of the contractor which provide foster care
				case management services. The safety and welfare of the children served under
				these contracts shall be the paramount consideration in all matters pertaining
				to these contracts.
(2) When
				providing case management services pursuant to the foster care case management
				contract with the Children's Division, the contractor shall fully implement and
				comply with all requirements of federal and state law which apply to permanency
				planning and shall fully implement and comply with all written policies of the
				Children's Division which do not conflict with those federal and state laws.
				This includes, but is not limited to, all regulations promulgated by the
				Children's Division. The Children's Division, in collaboration with the
				contractors, shall develop a mechanism for contractors to pro-vide input and
				feedback regarding pending Children's Division policy prior to implementation
				when such policy could have financial or programmatic impact on the contractor.
				Policy of the Children's Division, laws, and regulations shall supersede any
				policy of the contractor when they conflict.
(3) Contractors shall provide a range of
				child welfare services including case management services for children in
				out-of-home placements, family-centered services for parents and legal
				guardians from whose care the child was removed, and community resource
				development. Family-centered services shall be defined as the family-focused
				intervention method utilized by the Children's Division when working with
				families to assist them in identifying their strengths and needs and to develop
				a family plan for change.
(A) Case management
				services shall include assessments, case planning, placement services, service
				planning, permanency planning, and concurrent planning. The contractor shall
				have ongoing contact with the child; the child's out-of-home care provider; the
				parents or the guardian of the child in care, if parental/guardianship rights
				have not been terminated; the children remaining in the home; the court; and
				the members of the child's Family Support Team as defined in the Children's
				Division's written policies. The contractor must provide case management
				services that respect the culture, ethnicity, and religious practices of the
				children and that of his/her family. The contractor shall document all case
				management services provided in the case record as well as in the automated
				case management system within the timeframes outlined in the contract and in
				the policies of the Children's Division.
1.
				Assessments shall be defined as the consideration of all social, psychological,
				medical, educational, and other factors to determine diagnostic data to be used
				as a basis for the case plan.
2.
				Case planning is a process of negotiation between the family case manager, the
				parent(s) or guardian(s) from whom the child was removed, and the juvenile
				officer, which describes the services and activities necessary for the purpose
				of achieving a permanent familial relationship for the child. The case plan
				shall include the permanency plan as defined in paragraph (3)(A)5. below, the
				concurrent plan as defined in paragraph (3)(A)6. below, the service plan as
				defined in paragraph (3)(A)4. below, the timeframes in which services will be
				delivered, and the timeframes for obtaining reports from service providers,
				when applicable.
A. Contractors shall develop
				a case plan no later than thirty (30) days after referral of the child's case
				to the contractor by the Children's Division. The contractor shall submit case
				plans to the court in accordance with local court procedures.
B. The case plan shall be developed in
				accordance with the written policies of the Children's Division and applicable
				federal and state law. In the event that the policies of the Children's
				Division conflict with applicable federal and state law, federal and state law
				shall prevail.
C. The contractor's
				case manager shall give careful consideration to the unique needs of each child
				and family when developing the case plan.
D. As necessary to effectuate the best
				interests of the subject child, the case plan may be amended from
				time-to-time.
3.
				Placement services is the selection of, and placement with, the most
				appropriate resource for children in out-of-home care based on the assessment
				of the child's unique needs and personality and the out-of-home care provider's
				capacity and skills in meeting those needs.
A.
				The contractor's case manager must utilize the least restrictive out-of-home
				placement for a child.
(I) The best interests
				of the child in care shall govern all placement decisions. When the placement
				would not be contrary to the best interest of the child, the contractor must
				give relatives of the child in care preference and first consideration to serve
				as the child's out-of-home care provider. As required by applicable federal and
				state law, the contractor must conduct an immediate search to locate, contact,
				and, where appropriate, place the child in care with his/her grandparent(s).
				Therefore, grandparents of the child in care shall be given first consideration
				for placement before other relatives of the child in care are considered.
				Whenever the contractor decides that relative placement is contrary to the best
				interests of the child, the contractor shall document the reasons for this
				decision in the case plan.
(II)
				Placements in residential treatment shall be based on an individualized,
				independent assessment of each child's needs in the manner required by law,
				regulation, and CD policy. Such placements shall be considered for children in
				care who need structured and therapeutic intervention. Placement in a
				residential treatment facility must be of a limited duration and treatment
				during this time must be focused on enabling the child in care to transition to
				family and/or community-based care as soon as possible. The contractor shall
				prioritize methods of reducing or eliminating a child's need for residential
				treatment through community-based services and supports.
(III) In coordination with the child in
				care's Family Support Team, the contractor shall periodically reassess the
				placement of the child to determine whether the placement is consistent with
				the child's permanency plan and is meeting the child's needs.
(IV) As required by the written policies of
				the Children's Division, the contractor shall convene Family Support Team
				meetings to discuss any change in placement.
B. The contractor shall exercise reasonable
				and continuing efforts to preserve, foster, and encourage the relationships
				between siblings of children under case management with the contractor unless
				it is contrary to the safety or welfare of one (1) or more of the siblings to
				do so.
(I) Whenever reasonably possible, the
				contractor shall place a child in out-of-home care with any siblings who are
				also removed from their home. The contractor shall make reasonable efforts to
				place siblings in the same placement unless doing so would be contrary to the
				safety or welfare of any of the siblings.
(II) The contractor must make arrangements
				for regular, frequent, and continuing visitation between siblings who are not
				in the same placement unless it is contrary to the safety or welfare of one (1)
				or more of the siblings to do so.
(III) Unless it is contrary to the safety or
				welfare of one (1) or more of the siblings to do so, the contractor shall
				reunite siblings at the earliest time possible when circumstances change and
				different caregivers are no longer required.
(IV) The contractor shall document in the
				case file its efforts to place siblings in the same home and, if not placed in
				the same home, its efforts to maintain the sibling relationship. If the
				contractor determines that placement of siblings in the same placement or
				visitation between the siblings is contrary to the safety or welfare of the
				siblings, the contractor shall document the reasons therefore in the case
				file.
C. When an
				appropriate placement is available and it is in the best interests of the child
				to do so, placements of children in care shall be made in the child's home
				community.
D. Unless otherwise
				ordered or authorized by the court, placement of children in care shall be with
				a licensed out-of-home care provider.
E. The contractor's case manager shall not
				place a child in a home in which any person residing in the home has been found
				guilty of, or pled guilty to, any crimes identified in section
				210.117,
				RSMo.
4. Service planning
				is the provision of any services indicated and identified as needed through an
				assessment and case plan, or ordered by the juvenile court.
5. Permanency planning is determining the
				permanent plan which best meets the needs of the child in care and which
				complies with the applicable requirements of federal law. Contractors shall
				provide ninety (90) calendar days of services to the child and family after a
				child is reunified with their parent(s) to assure a continued successful
				outcome as defined in the contract. Contractors shall provide ninety (90)
				calendar days of services to the child and family after a child is reunified
				with their legal guardian(s), from whom they were removed, to assure a
				continued successful outcome as defined in the contract. The permanency plan
				shall consider-
A. The child's need for a
				continuing relationship with his/her parent(s) or legal guardian(s) prior to
				the child's removal from the home;
B. The ability and willingness of the child's
				parent(s) or legal guardian(s) to actively perform their functions as the
				child's caregiver with regards to the needs of the child;
C. The interaction and interrelationship of a
				child with the child's parent(s) or legal guardian(s) from whom they were
				removed, the child's out-of-home care provider, siblings, and any other person
				who may have a significant impact upon the child's best interest;
D. The child's adjustment to his/her
				out-of-home placement, school, and community;
E. The mental and physical health of all
				individuals involved, including any history of abuse of or by any individuals
				involved; and
F. Any other
				information and factors that may be relevant to the care, safety, and welfare
				of each child.
6. A
				permanency plan shall include an individualized primary permanency plan and a
				concurrent permanency plan for each child. Concurrent permanency planning is a
				process of pursuing a primary permanency goal for a child in care, such as
				reunification, while simultaneously establishing and implementing an
				alternative permanency plan for that child. The contractor shall make active,
				reasonable efforts to finalize the primary and concurrent permanency plan and
				shall document those efforts in the case file. The permanency plan shall be
				developed at the earliest possible opportunity and in no case later than thirty
				(30) days after case referral. The plan shall be submitted to the court in the
				manner prescribed by law or as otherwise ordered by the court. As required by
				Children's Division written policies, the permanency plan shall be periodically
				reviewed and, where appropriate, may be modified if modification is in the best
				interests of the child as recommended by the child's Family Support Team or as
				ordered by the court.