CHILDREN AND FAMILY SERVICES

                     POLICY AND PROCEDURE MANUAL

                             JULY 2008

 

                          SECTION 5000

             CHILD WELFARE COMMUNITY

                        BASED SERVICES

 

 

5000        CHILD WELFARE COMMUNITY BASED SERVICES (CWCBS)

5010        Requesting Clarification Regarding Contractual Issues

5020        Granting Exceptions to the Child Welfare/Community Based Service Contracts   

5030        Reporting Critical Incidents

5031        CWCBS Responsibilities

5040        CWCBS Screenings, Assessments, and Subsequent Referrals

 

5041        Physical Health Services

 

5042        Mental Health Services

 

5043        Developmental Disability Services

 

5044        Substance Abuse Services

5050        Professional Judgment Resolution Process 

5051        Informal Process

5052        Formal Process

5100        IN HOME SERVICES

5101        Criteria for Referral

5102        Excluded from  Family Preservation Services

5103        Referral Criteria for Adjudicated Juvenile Offenders

5104        Special Circumstances

5110        Referral Process for In Home Services

5111        Referral-SRS Custody:  Maintenance at home

5112        Recommendation for Continuation of Specific Services

5113   Request for Retraction

5120        Roles and Responsibilities

5121         SRS

5122        Family Preservation Provider

5130        Initial Team Meeting for Family Preservation

5131       Initial Team Meeting Participants

5132        Initial Team Meeting Timeframe and Location

5133        Purposes of Initial Team Meeting   

5134         Documentation of Initial Team Meeting

5140         Refusal of Family Preservation Services

5150         Transfer of Family Preservation Cases and Change of Venue

5160         Responsibilities following Intensive Services

5161        Resumption of Intensive Services

    A. SRS Responsibilities

    B. Family Preservation Service Provider Responsibilities

5200      OUT OF HOME SERVICES

5201        Child Welfare Community Based Service Providers of Out of Home Services

5202        Referral Process to Family Preservation Provider

5203        Referral Process to Reintegration/Foster Care Provider

5204        Excluded from Referral

5205        SRS Responsibilities At the Time of Referral to Case Management Provider

5206        SRS Responsibilities Regarding Financial Obligations of Parents

5207        SRS Responsibility for Determining Eligibility for Title IV-E Funding

5208        Case Management Provider Referral Responsibilities

5210       Roles and Responsibilities of SRS and Case Management Providers for Children in Out of Home Placement

5211       SRS Roles and Responsibilities

5212       Case Management Provider Roles and Responsibilities       

5220        Initial Team Meeting for Out of Home Services

5221        Initial Team Meeting Participants

5222        Initial Team Meeting Timeframe and Location

5223       Purpose of the Initial Team Meeting

5224       Documentation of Initial Team Meeting

5230        Placement Services

5231        The Multi-Ethnic Placement Act (MEPA)/Interethnic Adoption Provisions (IEPA) & Indian Child Welfare Act

5232        Least Restrictive Placement

5233        Licensing/Approvals for Out of Home Placement for Children

5234        Relative Home

    A. Licensed Relative Home

    B. Relative Homes Approved as Meeting KDHE Licensing Standards

    C. Relative Homes Receiving Temporary Assistance for Families (TAF)

    D. Relative Homes Approved Using Provider Agency Standards

5235        Non-Related Kin Placement

5236        Resource Family Placement

    A. Selection of Resource Family

    B. Information Shared with Resource Family

    C. Maintaining Resource Family Placement

    D. Termination of Resource Family Placement

5237    Sibling Placements

5238   Teen Parents/Infants

    A. Teen Parents/Infants (not in custody)

    B. Teen Parents/Infants (in custody)

5239    Children Receiving Residential Services through the MR/DD Waiver

5240   Informal Care

5241     Slumber Parties and Sleepovers

5242     Trial Home Placements

5243    Visit versus Change in Living Arrangement

5244    Consents

5245     Responsibilities When Child Is Missing From  from Placement

5250      Medicaid Benefits

5251  Prior Authorization for Psychiatric Residential Treatment Facility Services

5252  Initial Authorization period and extension process for Psychiatric Residential Treatment Facility Services

5253     Admission of Youth to Inpatient Psychiatric Treatment

5254  Payment of Medicaid Services Provided by Non-Medicaid Enrolled Provider (MS 2501 Procedure)

5255  Coordination with the School System  

   

    A. Educational Enrollment Information Form/Foster Care Database

   

    B. Notifying Schools of Placement Changes

 

    C. Documentation of School Records Transfer   

 

    D. iGRAD

5256  Education Advocates

    A. Eligibility

    B. Due Diligence Effort to Locate Parents

    C. Referral

    D. Case Management Provider Responsibilities

5257  Child Care for Children in the Custody of SRS

5258     Completion and Maintenance of Lifebook

5260       Transition to Alternative Permanency Options

    A. Adoption

    B. Permanent Custodianship

    C. Other Planned Permanency Living Arrangement

5261       Case Management Provider Responsibilities for Alternate Permanency Options

5262  Special Considerations for Undocumented Youth

    A. Eligibility Standards for SIJS

    B. Risks and Benefits

    C. How to Apply for SIJS

5270       Aftercare Responsibilities of the Case Management Provider

5271       Exceptions to Aftercare Responsibility of Case Management Provider

5300       ADOPTION

5301        Roles and Responsibilities

    A. SRS Responsibilities

    B. Case Management Provider Responsibilities

5310        Legal Risk Adoption Situations

5320        Decisions Related to the Adoptive Placement

5321        Determining the Needs of the Child

5322       Selecting an Adoptive Family

    A. Consideration of the Family's Abilities

    B. Documentation of the Staffing Team's Decision

5323        Considering Relatives as an Adoption Resource

5324        Resource Families as an Adoptive Placement

5325        Appeal of Staffing Team's Decision

5330        Adoption  Provider

5331        Specialized Recruitment Initiatives

5340        Preparation of Child and Family for Adoptive Placement

5341        Preparation of the Child

5342        Preparation for Adoption that Involves Moving to a Different Family

    A. Information about the Child to be Shared with the Family

    B. Pre-placement Visits

5350        Procedures Related to Signing the Adoption Agreement

5351        Roles and Responsibilities for Post-Placement Services

    A. Case Management Provider Responsibilities

    B. Responsibilities of the Adoption Provider

    C. SRS Social Worker Responsibilities

5360        Services to Finalize the Adoption

5370        Post Finalization Services to the Adoptive Family

5380        Dissolving an Adoption

5400        Guardianship/Custodianship

5410        Types of Guardianship/Custodianship

5411        Permanent Custodianship under the Child in Need of Care

    A. Advantages

    B. Disadvantages

5412        Probate Guardianship

    A. Advantages

    B. Disadvantages

5500 FACTS Child Welfare Community Based Service Procedures

5510 Establishing Family Preservation Services for In Home as a Case Action Type

5511 Entering A Family Preservation In Home Referral into FACTS

    A. All Family Preservation Service Cases

    B. Family Preservation Service Cases Involving Child Custody

5512 Case Plan Activity

 5520 Establishing an Out of Home Case Action Type

5521 Entering A Foster Care Referral into FACTS

5522 Entering Adult Case Information

 5523  Out of home placement with the FPS provider 

5524 Out of home placement with the Reintegration/Foster Care provider

5525  Referral to Adoption Provider

5526 Entering Provider Changes On Child Information 

5530 Entering Placements

5531 Adding Placement Information

5532 Updating Placement Effective Dates  

    A. Moves

    B. Changes in Provider Types 

5533 Services That Are Not Considered Placements

5534 Entering Out of Home Placement End Information  

5535 FACTS information regarding Trial Home Placements

5536 Entering Information when there is an Exception to Aftercare

5537 Recording Adoption Placements

    A. Placement Change Involving a Move to an Adoptive Home

    B. Adoptive Placement Agreement with Current Provider

    C. Disruptions that do not Involve a Change in Placement

    D. Disruptions that Involve a Change in Placement

 5538  Entering Information Regarding Finalization

    A. Placement Information

    B. Adoption Information

    C. Adoptive Family Structure Code

    D. Entering Custody Discharge Information

5540 Service Actions as Outcome Indicators        

5550 Establishing Provider Information

5551 Entering Placement Descriptions

5552 Linking Provider Information

5560 Entering Case Plan Conference Information

5561 Entering Review Dates

5562 Entering Case Plan Participation

5563 Permanency Goals

5564 Case Plan Tasks

5570 Entering Court Activity

5571 Adding Court Hearings

5572 Entering Court Activity for Parental Right Termination hearings

5573 Entering Change of Venue

5580 Entering Other Services

5581 Adoption Circumstance Information

5590 Title IV-E Eligibility

5591 Basic Eligibility

5592 Payment Eligibility

    A. Data Entry Principals

    B. Service Action Coding

 

5000 Child Welfare Community Based Services   (CWCBS)

SRS contracts with Child Welfare Community Based Service (CWCBS) Providers for the provision of Family Preservation, Reintegration/Foster Care, and Adoption Recruitment Services.  These CWCBS Providers are Licensed Child Placing Agencies in the state.

In partnership with SRS, these Providers are responsible to deliver appropriate services and supports to assist parents in maintaining children in their home.  When maintaining the child in the home would not meet their safety needs, and out of home placement is required, the child shall be reintegrated as quickly as is safely possible.  When reintegration is not a viable option, another permanency option (i.e. adoption, guardianship/permanent custodianship, O.P.P.L.A.) shall be pursued in a timely manner. 

The CWCBS Providers are responsible to provide services to all family members, not just the referred child(ren) when out of home placement services are being provided.  The family shall be actively involved in the development of the plan for the child, selection of service providers, and the ongoing assessment and review of the plan.  The family are viewed as the experts in regard to knowing the resources and strengths of the family, as well as knowing those areas in which supports are needed.

The Contracts prescribe a set of standards and expectations of the CWCBS Providers  in carrying out the mission of SRS. Each Provider is legally bound to act on behalf of SRS in delivering services to Kansas children and families. Providers must adhere to the same federal and state laws, statutes, and policies in their delivery of services as SRS.

 

5010    Requesting Clarification Regarding Contractual Issues          

All questions and requests for clarification regarding the Child Welfare Community Based Service Contracts  shall come to CFS via the local SRS Office. Either the CFS Program Administrator or the designee shall contact the CFS Program Manager with contractual issues that have not been resolved by local SRS and Provider staff.

 

 5020   Granting Exceptions to the Child Welfare Community Based Service Contracts 

Exceptions to the Child Welfare Community Based Service  Contracts may only be made in rare circumstances. In general, the contract requirements must stand as written; however, there are situations in the lives of children and families which may not fit into strict contract interpretation. Situations requiring modification to contract requirements may be made on a case by case basis only. The three criteria to be used in making a decision regarding the exception are as follows:

 

Regional CFS Program Administrators, in consultation with the CFS Protection Team Senior Administrator and Family Preservation Program Manager  make these exceptions for cases served by the Family Preservation Providers. Regional CFS Program Administrators, in consultation with the CFS Permanency Team Senior Administrator and Reintegration/Foster Care Program Manager make these exceptions for cases served by the Reintegration/Foster Care Providers. 

 

 5030    Reporting Critical Incidents

Critical incidents are those things which a parent would want to know immediately about their child. Examples of critical incidents include but are not limited to:

This list is not all inclusive. If there is a question as to whether or not a situation should be defined as a critical incident, the CWCBS Provider should report the incident to SRS.  Incidents reported per the instructions in Sections 0510 and 0520 need not be reported more than once.   Critical incidents shall continue to be sent to SRS throughout the aftercare period.

 

5031  CWCBS Responsibilities

The CWCBS Provider  shall verbally notify SRS staff of any critical incident within 12 hours of the Provider's  knowledge of the incident, followed by a written report within 24 hours. The exceptions are as follows:

1.  A child has been reported to the CWCBS Provider as missing from placement for any

 reason.  This shall be reported to SRS and law enforcement within 2 hours of the CWCBS Provider being informed of the child's missing status, with written report submitted to SRS within 24 hours.

2.  the critical incident is a report of suspected child abuse/neglect.  This shall be verbally reported to SRS through the Protection Report Center and then followed with written report within 24 hours

 

Critical incidents shall continue to be reported to SRS throughout the aftercare period following permanency.  For death/near death instances, reports are to be made to the SRS Regional CFS Program Administrator, the Regional Director, or assigned designee. If  regional staff are not available, the report shall be made to the designated staff person in Children and Family Services.  

 For incidents occurring over the weekend or on holidays, the verbal report is to be called to SRS at the after hours designated number within 12 hours of the CWCBS Provider's  knowledge of the incident. The exception is when a child has been reported to the CWCBS Provider as missing from placement for any reason.  This shall be reported to SRS within 2 hours of the CWCBS Provider being informed of the child's missing status.  A written report is to be submitted to the SRS office by 11:00 a.m. on Monday or the first working day after a holiday.

 

5040      CWCBS Screenings, Assessments, and Subsequent Referrals

 

The CWCBS Provider is responsible to:

 

5041      Physical Health Services

The CWCBS Provider shall obtain information on each child's last assessment for the following:

Dental

Vision

Hearing

Physical, including pharmacological

 

Additionally, the CWCBS Provider shall assess the nutritional needs of each child. 

 

5042   Mental Health Services 

 The mental health assessment process includes:

The determination of SED/CBS shall continue through out the entire episode of service provision.

 

The CWCBS Provider shall:

 

5043      Developmental Disability Services

The Developmental Disability assessment process includes:

 

5044      Substance Abuse Services

The Substance Abuse assessment process includes:

 

 5050   Professional Judgment Resolution Process 

It is understood that professional disagreements which arise between CWCBS Providers  and SRS staff must be resolved at the level at which they arise by respectful and open communication. The Regional Contract Specialist is available to provide contract clarification and assist with problem solving. 

The  resolution process is a management tool that can and should be used frequently to work out issues quickly and appropriately. Only when the informal process cannot resolve an issue should the formal process be initiated.

5051    Informal Process

The informal process stresses immediate and ongoing communication: telephone call and e-mail are important elements of this type of process.  If staff are unable to resolve their concerns, supervisory staff shall become involved.  If the SRS supervisor and CWCBS Provider  supervisor cannot agree, they shall discuss the issues with the Regional CFS Program Administrator and the  Provider Program Director. If consensus cannot be reached, the issue shall be pursued through the formal process.

5052    Formal Process

The formal process may involve three levels of resolution and requires written reports of the specific issues needing resolution.

First Level:  If not resolved through the informal process, both SRS and Provider supervisors present the following written documentation  to the CFS Program Administrator and the  Provider Program Director.

Second Level:  If the dispute is not resolved at the first level, the written documentation  cited above will be sent to the Regional Director (or designee) and the  Provider's CEO (or designee) for review and resolution.

Third Level:  If not resolved at the second level, the SRS Regional Director (or designee) and the  Provider's  CEO (or designee) will forward one copy of the written documentation cited above to the attention of the Director of Children and Family Services (CFS) for review and resolution.

At each level, there is a maximum limit of five working days for written response. If the situation necessitates a shorter period of time in which to make a decision, the time period shall be adjusted accordingly.

5100 In Home Services

Family Preservation Services are made available to the child/children and the family in the parental home. The goal is to provide a full range of services to the family in order to keep the child(ren) safe, improve family functioning, and prevent the unnecessary removal of the child(ren) into the state's custody.  The family preservation program builds upon a family's strengths and abilities to resolve  the crisis that places the child at risk,  maintain the family as a whole, and teach families new skills to prevent future crisis.

The level of intensity needed for service delivery is defined primarily by the family, with input by SRS staff at the time of the referral, as well as the Family Preservation Provider.  All parties should work from the expectation that the intensity level is established to reduce the risk of harm to the child(ren), as well as the risk of removal.  Families are given the time and services they need when they need them.

Family Preservation services include the following characteristics:

  5101 Criteria for Referral

In determining the appropriateness of referring a family to Family Preservation Services, the level of intervention is such that the family is in crisis.  The recommendation for services utilizes the Family Based Assessment (FBA) process.    General guidelines for recommending services include: 

The family has specifically requested services. 

A family is eligible for a referral to Family Preservation when:

A.  There is a risk for removal of a child from the home,  and

B.   A parent/care giver is available to protect the child; and

C.    A parent/care giver is willing and able to participate in service.

D.   Family with chronic problems has experienced significant progress and now demonstrates ability to care for the family and children.

E.    A parent/caregiver with mental/emotional health issues has been stabilized so they now demonstrates ability to care for self and children.

F.     A parent/caregiver with limitations now demonstrates ability to care for self and children.

G.    A parent/caregiver with substance abuse issues now demonstrates an ability to care for children.

5102 Excluded from Family Preservation Services

5103 Criteria for Adjudicated Juvenile Offenders

If there is only one child in the home and that child is adjudicated as a juvenile offender and is in the custody of the Juvenile Justice Authority (JJA), either before or after referral for Family Preservation services, services to that child are the responsibility of the JJA.  Family Preservation services or any other type of services deemed necessary by JJA or the legal system can be purchased by JJA from a provider of their choice.

If there are other children in the home who meet the criteria for family preservation services, a referral can be made or the service can continue if the adjudication and custody occur after referral.  The child/youth who is adjudicated and in the custody of the JJA may participate as a member of the family in these services.

A child/youth with juvenile offender charges needs services related to abuse/neglect which are distinct and separate from the  juvenile offender issues, a Family Preservation referral may be considered. Such services would result from an Abuse/ Neglect investigation by SRS.

A child may have juvenile offender charges or be adjudicated as a juvenile offender and JJA not be involved.  The charges may be pending or the Court may have another entity, ie Court Services, provide the supervision outlined at the dispositional hearing.

5104 Special Circumstances

 5110 Referral Process for In Home Services

As soon as a family is identified as eligible for Family Preservation, a referral shall be made to the Family Preservation Service Provider within 24 hours.

When the determination has been made to refer a family for family preservation services, the SRS social worker shall e-mail or fax the following information to the Family Preservation Service Provider:

Additionally, the SRS social worker shall be available to answer any questions the Provider may have regarding the referral for two hours following the faxing or e-mailing of the information.

Any other pertinent case material including, but not limited to, case planning documents, court orders, and releases of information shall be mailed or faxed to the Family Preservation Service Provider. It is very important to share all relevant information with the service provider. SRS shall inform the service provider of any information in SRS files which cannot be released. For example, if SRS has information that a child in the family has received an evaluation by a private psychologist, the Family Preservation Service Provider shall be informed of the existence of the evaluation from the psychologist.

5111 Referral-SRS Custody:  Maintenance at home

When a child(ren) is in custody but is not in need of out of home services, is not being served by a CWCBS Provider, and meets the criteria for referral, then a referral may be made to the Family Preservation Service Provider.  If a custody case plan is due within 15 calendar days of  a referral for Family Preservation services, then SRS shall complete the plan and invite the Family Preservation Service Provider, as well as the family, and negotiate the tasks to be included as the Family Preservation Service Provider is responsible for ensuring all tasks are completed.

If at the conclusion of the intensive services phase, the child(ren) remain in custody, the CWCBS Provider shall continue to provide custody supervision services.  This would include but is not limited to maintaining a current case plan, monthly face-to-face contact with the child, court appearances, assisting the family in following court orders, etc.

5112 Recommendation for Continuation of Specific Services

When a family receiving services under a client services agreement is referred for family preservation services, the SRS worker may recommend the current client service agreement be continued. If a recommendation is made, SRS is responsible for the costs associated with the client service agreement.  The continuation of such services is to be authorized at the time of the referral and documented on the CFS 2020.   When a referral to family preservation is under consideration or is made, no other new service referrals are to be made by SRS.

5113 Request for Retraction          

It is expected that SRS will make appropriate referrals for Family Preservation services; however, on rare occasions a referral for Family Preservation services may not be appropriate to the family's circumstances. The Family Preservation Program Manager shall make the determination on whether a referral is to be retracted. 

If the CWCBS Family Preservation Service Provider or the SRS Social Worker believes a retraction is warranted, a discussion with the Regional Contract Specialist (RCS) is to occur within  three business days of referral.  The RCS shall consult with the SRS Social Worker and Supervisor to obtain their recommendation on next steps.  If determined that a request is to be made, the CWCBS Provider will complete the appropriate sections and submit the "Request for Retraction of a Family Preservation Referral", CFS 5002, to the Regional Contract Specialist.  After review and completion of the appropriate section, the Regional Contract Specialist shall submit the completed form to the Family Preservation Program Manager at CFS Central Office, within four business days of referral.    The Family Preservation Program Manager will have one business day from receipt to respond to the CWCBS Provider and the RCS.   When the retraction request is approved, the Family Preservation Service Provider receives no payment for the referral and the retraction is not reflected in any of the outcomes.  Furthermore, once the RCS is contacted for discussion, timelines associated with the case will be suspended until a decision is made by the Family Preservation Program Manager.

Situations which may result in a request for retraction are:

  

5120 Roles and Responsibilities

5121 SRS

Following the referral to family preservation, the SRS social worker (unless otherwise noted) shall be responsible to:

 

5122 Family Preservation Provider

Following the referral to family preservation, the Family Preservation Service Provider (unless otherwise noted) shall be responsible to:

CFS 3050 (A), Permanency Plan,

CFS 3050 (B), Permanency Objectives,

CFS 3050 (C), Participants' Signature/Date

CFS 3050 (D), Child and Youth Plan  (only the "Child Well Being Status" section)

Appendix 3G Service and Service Codes

CFS 3050 (A), Permanency Plan,

CFS 3050 (B), Permanency Objectives,

CFS 3050 (C), Participants' Signature/Date

CFS 3050 (D), Child and Youth Plan,

CFS 3050 (F2), Visitation Plan

CFS 3050 (G), Permanency Plan Review

Appendix 3G Service and Service Codes

5130 Initial Team Meeting for Family Preservation

The initial team meeting initiates building the relationship between those persons who will share the responsibility for ensuring the child and family receive the services and supports required to maintain the family structure.

 

5131 Initial Team Meeting Participants

Persons required to attend the initial team meeting are as follows:

 

The family should be encouraged to invite other persons who are a part of the family's support network.  The assigned SRS social worker and the assigned Family Preservation case manager shall attend the initial team meeting, however, if either or both are unable to attend, each agency is responsible to designate other staff members. The preferred designee is a staff member who has had or will have some involvement with the family.  The case file shall document the designee's involvement with the family.

 

Parents shall sign release of information forms to authorize the sharing of information with meeting participants.

 

 5132 Initial Team Meeting Timeframe and Location

The Community Based Child Welfare Service Provider shall contact the family within 24 hours of the referral to introduce themselves and to plan for the initial team meeting.  The family's preference shall be considered when selecting the time and location for the meeting.

 

The initial team meeting shall occur within 48 hours from the time of the referral, regardless of the day of the week the referral is made.  The only time it is acceptable to exceed this timeframe is when the family makes a request for this to accommodate their schedules or to allow for participation by a support person who cannot meet the 48 hour timeframe.  If not held within the 48 hours, the meeting needs to be held as soon as possible--preferably within the next 24 hours.  The case file shall document the reason for the extension of the meeting time.

 

If the parent(s) or primary care giver from whom the child was removed are unwilling or unable (i.e. whereabouts unknown) to participate in the initial team meeting, this shall be documented in the child's case file.  In these instances, the initial team meeting will not occur.

  

 5133 Purpose of Initial Team Meeting

 The purposes of the initial team meeting are as follows:

 

5134   Documentation of Initial Team Meeting

The Family Preservation Service Provider shall document the following information in the case file: