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0100-502.52 | Revision Date: 10/28/19
Overview
This policy provides information regarding the development of a Placement Preservation Strategy (PPS) to prevent a child's/ Non-minor Dependent’s (NMD) removal from placement, 14-Day Advanced Notice of Placement Changes and the Grievance Review Hearing Process.
TABLE OF CONTENTS
Placement Preservation Strategy
14-Day Advanced Notice of Placement Changes
Placement Preservation Strategy
Resources for Placement Preservation Strategies
The Decision is Made to Remove a Child
Grievance Process Regarding the Pending Removal or the Placement of a Child
ARA/SCSW/Case-Carrying CSW Responsibilities
Grievance Review Hearing Section Responsibilities
Grievance Review Agent Responsibilities
Director’s or Director's Designee Responsibilities
The Grievant or their Representative Requests Case Information
Grievance Review Hearing Section Responsibilities
Grievance Review Agent Responsibilities
Version Summary
This policy guide was updated from the 05/09/18 version to include information from ACL 19-26 pertaining to AB2247 regarding a Placement Preservation Strategy (PPS), changing the 7-Day Notice of Intent to Terminate Placement to the 14-Day Advanced Notice of Placement Changes, adding Group Homes and Short-Term Residential Treatment Programs to the required 14-Day notice recipients, and the updated Grievance Review Hearing procedures.
To prevent children/NMDs in foster care from experiencing unnecessary or abrupt placement changes that may negatively impact their well-being or sense of security and to prevent placement changes occurring due to genderRefers to the socially constructed roles, behaviors, activities, and attributes that a given society considers appropriate for boys and men or girls and women. These influence the ways that people act, interact, and feel about themselves. Gender is different from Sex in that Sex is assigned at birth., gender identityan internal understanding of one’s own gender (e.g. a person’s internal sense of being male, female or something else). Therefore, a transgender person’s gender identity does not match the sex assigned to him or her at birth., race, or cultural differences, efforts should be made to preserve and strengthen the placement of a child/NMD.
Prior to making a placement change (with exemptions listed below) for a dependent child (on juvenile dependency cases post-disposition) and prior to issuance of a 14-Day Advanced Notice of Placement Changes, a Child and Family Team Meeting (CFTM) must be held to develop and implement a Placement Preservation Strategy to help preserve and support the child’s/NMD’s existing placement.
A placement preservation strategy is a youth-centered process to support, equip and wrap a family with resources in the pursuit of preserving the stability, placement, and well-being of children/NMD placed in out-of-home care. The ideal preservation strategy is solution focused, restorative in nature and trauma-informed. It is also focused on the resources, training, and services needed for the resource family in general. Best practices when executing a placement preservation strategy may include:
Generally, replacing a child from a Small Family HomeAny residential facility in the licensee's family residence, which provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities. WIC 11400(e), Resource Family Home, Foster Family Agency Certified Resource Family Home, Foster Home, RelativeFor the purpose of placement and foster care payments: An adult who is related to the child by blood, adoption or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words, "great," "great-great" or "grand" or the spouse of any of these persons even if the marriage was terminated by death or dissolution., Non-Related Extended Family Member, Group Home, or Short-Term Residential Therapeutic Program requires a written 14-day notice to the caregiver prior to removal, unless an exemption exists.
If after the development and implementation of a Placement Preservation Strategy (PPS) (on juvenile dependency cases post-disposition) a placement change is still necessary and none of the notice exemptions listed below apply, written notice must be sent to all of the following parties at least 14 days prior to the change (mail delivery of notice requires additional days):
Developing and implementing a Placement Preservation Strategy and providing 14-Day Advance Notice of Placement Change is not required if one or more of the following conditions exist:
1. The child is in immediate danger. If it is determined that remaining in the existing placement or providing, prior written notice of that placement change poses an imminent risk to the health or safety of the dependent child or other children in the home or facility.
2. The court has ordered a change in placement (including removal, reunification/ return to home of parent/ s or placement in a relative’s home.)
3. There is a waiver of notice by unanimous agreement (full agreement by everyone involved documented on CWS/CMS) from:
• The child’s Child and Family Team (CFT)A group of individuals, as identified by the family, and convened by DCFS, who are engaged through a variety of team-based processes to identify the strengths and needs of the child or youth and his or her family, and to help achieve positive outcomes for safety, permanency, and well-being. and child (if 10 years or age or older); or
• The child’s CFT and the child’s attorney (if the child is under age 10.)
4. There is already a planned placement change, as informed by the CFT described in the child’s/ NMD’s case plan.
5. The youth is a non-minor dependent (NMD) placed in a Transitional Housing Placement (THP) program or in a Supervised Independent Living Placement (SILP)SILP is a supervised and approved placement that is part of the Extended Foster Care program. SILP is a flexible and the least restrictive placement setting. It can include: an apartment (alone or with roommates); shared living situations; room and board arrangements; room rented from a landlord, friend or relative, or former caregiver; or college dorms..
Every effort should be made to resolve disagreements regarding placement/ removal of a child from a foster home. The case-carrying Children's Social Worker(CSW) should use the office chain-of-command to resolve issues. However, if there is disagreement/ objection with the intended replacement, the CSW must advise the complaining party of the grievance process and refer them to the Supervising Children’s Social Worker (SCSW), Assistant Regional Administrator (ARA), or Regional Administrator (RA) for a resolution. Objection to removal of a child from a prospective adoptive home is subject to a different process.
In the event that resolution is not reached through communication, the California Department of Social Services (CDSS) has established a grievance process to review complaints from foster parents (including Foster Family Agency [FFA]certified homes, Group Homes, and Short-Term Residential Therapeutic Programs), parents, legal guardians and children regarding the placement or removal/ replacement of a child from a foster home.
In addition to advanced notice of the intent to remove a child, foster parent(s) must also be informed that they have the right to request a grievance review, per CDSS MPP Division 31-440.
* Los Angeles County is electing not to use a signed waiver of notice, as specified in Section 31-440.2.22.
As best practice, as much advance notice as practicable should be provided to foster parents to allow for proper planning and every effort should be made to resolve any disagreements regarding placement/ removal of a child from a foster home. If such a disagreement cannot be resolved, the case-carrying CSW should use the office chain-of-command, advise the complaining party of the grievance process and refer to the Grievance Review Hearing Section for a resolution when appropriate.
Additionally, when placing a child with a Resource Family, including a Foster Family Agency (FFA)A non-profit organization licensed by the State of California to recruit, certify, train, and provide professional support to foster parents., the CSW should notify the caregiver as soon as the CSW becomes aware if the placed child will potentially be replaced to a relative’s/ NREFM’s home.
Generally, a Grievance Review must not be granted if any of the listed exceptions in CDSS MPP Division 31-020.2.21 through 25 or MPP 31-440.21 through .25 exist. However, the existence of an exception may depend on the procedural status of the case within the court system, actions by other agencies and/ or voluntary actions by the caregiver. The exceptions are as follows:
* Los Angeles County is electing not to use a signed waiver of notice, as specified in Section 31-440.2.22.
Once the Grievance Review Hearing Section has determined a Grievance Review Hearing is warranted, the child cannot be removed or replaced pending the outcome of the Grievance Review Hearing, unless circumstances change and one of the exemptions noted above are applicable. This grievance process does not substitute the State Fair Hearing proceedings.
The grievant may choose to have a representative. The representative may be a family member, friend, foster parent association member, attorney or any other person of the grievant’s choosing.
If the representative requests information, only that information relevant to the grievance and that pertains to the grievant may be shared with the representative. Information regarding the child or third parties is confidential and may not be shared. The out stationed county counsel or the assigned trial county counsel should be consulted for advice on confidentiality laws.
Prior to DCFS releasing information to a grievant’s representative and/ or for the representative to be allowed to participate at the Grievance Review Hearing, the grievant must sign and date a DCFS 4161-R.
At the Grievance Review Hearing, the Review AgentThe Review Agent conducts the Grievance Review Hearing. In accordance with CDSS Manual of Policies and Procedures (MPP) 31-020.511-.513, the Review Agent is a staff or other person not involved in the complaint; neither a co-worker nor a person directly in the chain of supervision of any of the persons involved in the complaint unless the Agent is the Director or Chief Deputy of the county; knowledgeable of the field and capable of objectively reviewing the complaint. The Review Agent for Los Angeles County, DCFS is the Manager, Appeals Section. will require the representative to sign a DCFS 4161-C and DCFS 4161-R if these are not already on file. If the grievant’s representative is an attorney, the Review Agent will postpone the hearing (for not more than ten (10) calendar days) and set a new hearing date at which County Counsel will be present.
Prior to making a placement change for a dependent child (on juvenile dependency cases post-disposition), a Placement Preservation Strategy (PPS) must be developed and implemented (if none of the exemptions apply):
1. The CSW is required to consult with the child’s CFT regarding each placement change;
2. A Child and Family Team Meeting (CFTM) must be held to develop and implement a PPS to help preserve and support the child’s/ NMD’s existing placement.
3. The PPS must be developed and implemented prior to the issuance of the 14-Day Advanced Notice of Placement Changes;
4. The CSW may use the Placement Preservation Strategy Resource List to assist with developing and implementing a PPS. (However, this list is not exhaustive and can be subject to change as resources become available and therefore PPS should not be limited to what is in this list.)
5. The CSW must document all PPS information in CWS/CMS:
a. To document the PPS, all information must be documented in accordance with CFTM Data Entry Instructions for CWS/CMS and the CFTM Narrative field notes must include the words “Placement Preservation Strategy.”
If after developing and implementing a Placement Preservation Strategy, a placement change is still necessary, the CSW shall provide written notice to all of the following parties at least 14 days prior to the change:
a. The child’s caregiver(s) (DCFS 489-3 or 489-7)
b. The child (if 10 years of age or older) (DCFS 489-4)
c. The child’s parent(s)/Legal Guardian(s) (DCFS 489-5) and
d. The child’s attorney (DCFS 489-6)
The child’s caregiver should also be provided with the DCFS 4161 Form (Grievance Review Hearing Request) and DCFS 4161-I (Grievance Procedure Regulations) along with the 14-day notice, as further detailed in the Grievance Process Regarding the Pending Removal or the Placement of a Child section below.
The child (if 10 years of age or older) OR the child’s attorney (if the child is under age 10);
The child’s current caregiver(s);
The child’s prospective caregiver(s); and
The child’s CSW.
For placement disagreements that are not resolved within the office chain-of-command or through implementation of the Placement Preservation Strategy (PPS) and lead to the decision that it is in the child’s best interest to terminate the placement, and when 14-Day Advance Notice of Placement Change Exemptions do not apply, the CSW must:
1. Issue a 14-Day Advanced Notice of Placement Changes (DCFS 489-3, 489-4, 489-5, 489-6, or 489-7) to the child’s caregiver, the child’s parent or guardian, the child’s attorney, and the child (if the child is 10 years of age or older.)
2. File copies of the completed forms, including any attachments, in the Placement Folder.
3. Explain to the caregiver that they have the option of requesting a Grievance Review Hearing by submitting a DCFS 4161 form to the Grievance Review Hearing Section within ten (10) calendar days of being notified of the intended removal of the child and at least two (2) days before the intended removal date.
a. Provide the caregiver with a DCFS 4161 and DCFS 4161-I forms.
b. Refer the caregiver to the Grievance Review Information Line at (833) 782-0173 for a pre-recorded informational message.
4. If the CSW is given a completed DCFS 4161 form, notify the SCSW and forward the documents to the Grievance Review Hearing Section.
5. Completed DCFS 4161 forms may be dropped off for submittal to the Grievance Review Hearing Section at 425 Shatto Place, Los Angeles, CA 90020 or may be submitted via fax machine to (213) 427-6154 or through e-mail at GRrequest@dcfs.lacounty.gov
6. Following the Grievance Review Hearing, receive and review copies of the DCFS 4161 form, the Review Agent’s written summary, and the Director’s or his/ her designee's final decision.
a. File these copies in the Placement folder.
b. Discuss the Director’s or his/ her designee's final decision with the SCSW, ARA, and/ or RA and implement the decision.
ARA/ SCSW/ Case-Carrying CSW Responsibilities
Immediately upon notification by the Grievance Review Hearing Section, that the DCFS 4161 Grievance Review Hearing Request form has been received:
Grievance Review Hearing Section Responsibilities
Prior to Hearing:
The Grievance Review Hearing Section must receive the DCFS 4161 form from the grievant at least two (2) business days prior to the expected date of removal/ replacement of the child.
California Department of Social Services
Child and Youth Permanency Branch
744 P Street – MS 8-13-73
Sacramento, CA 95814
Grievance Review Agent Responsibilities
Conduct the Grievance Review Hearing, to the extent possible, in a non-adversarial atmosphere.
Director or Director’s Designee Responsibilities
Grievance Review Hearing Section Responsibilities
Grievance Review Agent Responsibilities
14-Day Notice and Grievance Review Hearing (GRH)Time Frames
Placement Preservation Strategy Resource List
14-Day Grievance Review Case Summary Sheet
DCFS 489-3,14-Day Advanced Notice to Caregiver(s) of Placement Changes (Post-Disposition)
DCFS 489-4, 14-Day Advanced Notice to Child Age 10 or Older of Placement Changes
DCFS 489-5, 14-Day Advanced Notice to Parent(s) or Legal Guardian(s) of Placement Changes
DCFS 489-6, 14-Day Advanced Notice to Child’s Attorney of Placement Changes
DCFS 489-7, 14-Day Advanced Notice to Caregiver(s) of Placement Changes (Pre-disposition)
DCFS 489-8, Change in Circumstances Regarding Pending Placement Change
DCFS 4161, Grievance Review Hearing Request Form
DCFS 4161 (SP) Grievance Review Hearing Request Form (Spanish)
DCFS 4161-C, Grievance Review: Representative Statement of Confidentiality
DCFS 4161-I, CDSS Grievance Procedure Regulations
DCFS 4161-N, Grievance Review: Notice of Hearing
DCFS 4161-R, Grievance Review: Representative Agreement
0100-520.10, Evaluating a Prospective Caregiver
0300-503.25, Removing a Child from the Home of a Prospective Adoptive Parent(s)
0070-548.01, Child and Family Teams
WIC 16010.7- Requires Placement Preservation Strategy prior to removal in post-disposition cases, requires 14-day advanced written notice to specific parties prior to removal, with some exceptions, and prohibits replacement of children between the hours of 9pm and 7am, with limited exception.
California Department of Social Services (CDSS) California Code of Regulations (CCR) Title 22, Division 6, Chapter 9.5, Section 89400(a) – States that approval/licensure is not an entitlement to placement.
California Department of Social Services (CDSS) Manual of Policies and Procedures (MPP) Division 31-020.1 – Requires the county to develop grievance procedures to review complaints from foster parents, legal parents, guardians, and children concerning the placement or removal of a child from a foster home. All issues are to be resolved in the best interest of the child.
CDSS MPP Division 31-020.2 – Lists the circumstances under which a Grievance Review shall not be granted.
CDSS MPP Division 31-020.3 – Requires and describes the county’s responsibility to explain the right to a review, to provide a copy of the grievance procedure regulations and to provide assistance in the preparation of the Complaint if assistance is requested or necessary. Requires and describes the Complainants responsibility to file the required documents, within specified time frames.
CDSS MPP Division 31-020.4 – Specifies time frames for the review and notification thereof.
CDSS MPP Division 31-020.5 – Specifies how the review shall be conducted and who the review agent shall be.
CDSS MPP Division 31-020.6 – Specifies requirements for rendering and dispersing copies of the decision.
CDSS MPP Division 31-020.7 – Requires that unless the child is in immediate danger, (s)he shall remain with the caregiver, pending the decision of the county director, when removal of the child from the home is the basis for the complaint.
CDSS MPP Division 31-020.8 – Specifies requirements for contents and retention of review records.
CDSS MPP Division 31-440.1 – Sets forth the specific requirements and time frames within which the county must provide removal notification to foster parents. Authorizes the waiver of notice requirements under specific circumstances.
CDSS MPP Division 31-440.2 – Lists the conditions under which the county is not required to provide the notice specified in 31-440.1.
CDSS MPP Division 31-440.3 – Sets forth the specific requirements for the social worker to provide removal notification to foster parents who are providing permanent placement services when the court terminates permanent placement services.
CDSS MPP Division 31-440.4 – Sets forth county responsibility to notify relative(s) or non-relative extended family member(s) when their home does not meet approval standards and advise them that they have access to the grievance procedures and of the time frame for submitting the grievance review request.
Welfare and Institutions Code (WIC) Section 16507.5(b) – States that approval/licensure does not entitle the caregiver to the placement of a specific child or children. Placement is based on the child’s needs and best interests.
