Placement Responsibilities
0100-510.61 | Revision Date: 03/03/2022
Overview
This policy guide provides instructions for CSWs when placing or replacing a child/nonminor dependent (NMD) in out-of-home care (OHC). This includes placing a child/NMD after Court terminates jurisdiction.
TABLE OF CONTENTS
Foster Youth Bill of Rights (FYBOR)
Case Documents and Information
Notification and Phone Contact upon Placement
Placing a Child in Out-of-Home Care
Maintaining Confidentiality of a Child's Placement
Intake and Detention Control (IDC) CSW and SCSW Responsibilities
Juvenile Court Officer Responsibilities
Completing the Health and Education Passport (HEP)
Responding when a Child Is Replaced
Responding when the Court Terminates Jurisdiction
Version Summary
This policy guide was updated from the 03/08/19 version to reflect updated terminologies, clarify instructions regarding discussions surrounding the Foster Youth Bill of Rights (FYBOR); and update the FYBOR form to reflect all current rights.
The CSW must provide accurate, up-to-date information regarding a child/NMD so that the information will populate in the placement agreement, the Health and Education Passport (HEP)A document that is generated on CWS/CMS that contains a summary of a child's health and education information. The caregiver keeps a current copy of the Passport, along with the health and education forms in a binder provided by DCFS. This binder shall follow the child to all placements. The Passport shall accompany the child to all medical, dental and educational appointments. The Passport binder in its entirety is given to the child upon emancipation., DCFS 709, and other documents. The CSW, when necessary, may need to place a child/NMD with a resource family/resource parent (RF/RP) or a Short-Term Therapeutic Programs (STRTP). In such a case, the CSW will ensure that the placement:
Clients (e.g. children/NMDs, parents/legal guardians, families), RFs STRTPs and adoptive parents have the right to receive the same service, consideration, and treatment given to all other persons when making placement decisions. DCFS is prohibited from considering the race, color, national origin, religion, sex, political affiliation, handicap, age, marital status, sexual orientation, 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. or expression, or any other characteristic that is protected by state or federal law. Only exceptional, non-routine circumstances that are part of an individualized assessment of a particular child/NMD's needs may be used. Any consideration of race, color, or national origin must pass the "strict scrutiny" test as explained in Evaluating a Prospective Caregiver. Child welfare agencies may not honor a parent's preference for placing a child/NMD in a particular home based on race, color, or national origin.
Staff may report any concerns or complaints regarding RPs/RFs and STRTP to the following:
RFs: 1-626-569-6801
STRTPs: 1-844-538-8766 (1-844-LET-US-NO)
The purpose of the Placement Packet is to provide documentation of information that describes the specific needs of a child/NMD and to advise the caregiver of their roles and responsibilities in the implementation of the Case Plan (e.g., visitation plans, medical needs, educational issues, etc.).
The forms and documents listed on the Placement Packet Required Documents List comprise the minimal Placement Packet requirements and is not an all-inclusive list. Any other forms or documents needed for a specific child/NMD will be included. Each Service Planning Area (SPA) office may implement supplemental requirements and documentation to comply with its specific SPA needs.
For a list of the documents and information that must be shared with the OHC provider/caregiver at the time of placement, refer to the Placement Packet Required Documents and Information Sharing with Caregivers at the Time of Placement.
Social workers (and Probation Officers) are required by law to give youth a copy of their rights and review those rights wit them in a way they understand:
The FYBOR are provided as part of the Placement Packet Required Documents.
The law also requires that youth in OHC provide their written acknowledgment that they received and reviewed their rights.
The information provided in the FYBOR is the law.
The FYBOR educates youth in OHC about their rights and empowers them to advocate for themselves and make informed decisions about their lives; thus, helping them develop the knowledge and skills they need to thrive and succeed.
For assistance/tips on how to discuss the FYBOR with youth, staff may refer to the FYBOR website.
Pursuant to Welfare and Institutions Code (WIC) 308(a), the address of a RP/RF must be kept confidential until the dispositional hearing.
WIC 308 does not apply to the home of a non-custodial parent, relative, small family homes, STRTPs, or hospitals. To keep a placement addresses confidential, a nondisclosure order must be obtained from the court as outlined in Non-Disclosure Orders.
Placing CSWs and as needed, case-carrying CSWs will seek an RP's written permission to disclose a child/NMDs’s placement address to their parents, legal guardians, or relative(s). The exception is when there is a safety issue that requires the RP's address to remain confidential. The DCFS 5210, Placement Address Disclosure, is completed and signed by the RP and indicates whether or not they wants the address to remain confidential.
Information sharing is restricted and also required under state and federal law. Staff must refer to and follow instructions on the Information Sharing with Caregivers at the Time of Placement for the guidelines on information about the parents and minor dependent child that should be shared with the caregiver as well as limitations on information sharing. The instructions also address information-sharing and confidentiality as it relates to NMDs. Staff are mindful that NMDs are legal adults and have more control over information-sharing and confidentiality.
When a CSW takes a child into protective custody, the CSW will take immediate steps to notify the child's parent/legal guardian or responsible relative that the child has been placed in a home or facility authorized by law to care for the child. The CSW will make a diligent and reasonable effort to ensure that the parent(s)/legal guardian(s) and a child of any age have regular telephone contact prior to the Detention Hearing. The exception is when that contact would be detrimental to the child.
A telephone number where the child may be contacted (i.e., where the child is currently residing) will be provided to the parent/legal guardian or responsible relative for all children placed in OHC. The initial telephone contact will take place no later than five (5) hours after the child is taken into custody.
Immediately after being taken to a placement and no later than one (1) hour after they have been taken into custody, a minor (ten (10) years of age or older) will be advised that they have the right to make at least two (2) telephone calls from the placement, except when physically impossible.
Intake and Detention Control (IDC) CSW & SCSW Responsibilities
Juvenile Court Officer Responsibilities
LA County Foster Youth Bill of Rights (FYBOR)
Placement Packet Required Documents
Information Sharing with Caregivers at the Time of Placement
Case Plan Individual Client Responsibilities
DCFS 129, Agency-Relative/Nonrelative Extended Family Member Caregiver Placement Agreement
DCFS 709, Foster Child Needs and Case Plan Summary
Health and Education Passport (HEP)
SOC 154, Agency - Group Home Agreement
SOC 156, Agency - Foster Parents Agreement: Child Placed by Agency in Foster Home
DCFS 129, Agency-Relative/Nonrelative Extended Family Member Caregiver Placement Agreement
DCFS 156, Information about Foster Care Payments for Relative Caregivers (Youakim)
DCFS 179, Parental Consent and Authorization for Medical Care and Release of Health and Education Records
DCFS 179-MH, Parental Consent for Child's Assessment and Participation in Mental Health and/or Regional Center Developmental ServicesServices provided by the Regional Centers, which include diagnostic evaluation, coordination or resources such as education, health, welfare, rehabilitation and recreation for persons with developmental disabilities. Additional services include program planning, admission to and discharge from state hospitals, court-ordered evaluations and consultation to other agencies.
DCFS 179-PHI, Authorization for Disclosure of Child's Protected Health Information
DCFS 489-2, Placement Termination of Foster Child
DCFS 489-2 SP, Terminacion del Hogar de Crianza del Menor
DCFS 561(a), Medical Examination Form
DCFS 561(b), Dental Examination Form
DCFS 561(c), Psychological/Other Examination Form
DCFS 709, Foster Child Needs and Case Plan Summary
DCFS 4158, Authorization for General Medical Care for a Child Placed by an Order of Juvenile Court
DCFS 4158-A, Authorization for Emergency Medical Care for a Child Pursuant to WIC 369
DCFS 4158-2, Physician Questionnaire
DCFS 5402, Notice to Child/NMD Attorney Re. Case Status
DCFS 5210, Placement Address Disclosure
DCFS 5660, Placement Checklist with Emphasis on the Health and Education Passport (HEP) and HEP Binder
DCFS 6011, Notice of Replacement Report
Family Background #1 -Sibling & Relative Addendum
Family Background #3 - Coversheet
Family Background #3 - Medical and Social History Information about the Birth Mother/Father
Foster Youth Rights Handbook Signature Page
SOC 153, Placement Agency --- Foster Family Agency Agreement - Nonminor Dependent Placed by Agency in Foster Family Agency
SOC 154, Agency - Group Home Agreement
SOC 154A, Placement Agency - Foster Family Agency Agreement - Child Placed by Agency in Foster Family Agency
SOC 154B, Agency - Group Home Agreement - Nonminor Dependent Placed by Agency in Group Home
SOC 154C, Agency - Short-Term Residential Therapeutic Program (STRTP) Admission Agreement - Child Placed by Agency Into STRTP
SOC 155, Voluntary Placement Agreement
SOC 155B, Mutual Agreement for 18 Year Olds
SOC 155C, Voluntary Placement Agreement Parent/Agency (Indian Child)
SOC 156, Agency - Foster Parents Agreement: Child Placed by Agency in Foster Home
SOC 156A, Agency - Foster Parents Placement Agreement - Nonminor Dependent Placed by Agency in Foster Home
FYI 03-19, Guidelines for Completion of the DCFS 709
0080-505.20, Health and Education Passport (HEP)
0100-502.52, Placement Preservation Strategy, 14-Day Advanced Notice of Placement Changes and the Grievance Review Process
0100-510.46, Out-of-County Placements
0100-520.10, Evaluating a Prospective Caregiver
0100-535.60, Completing the Emancipation Process
0300-303.07, Non-Disclosure Orders
0300-303.15, Writing the Detention Report
0300-503.97, Notice of Replacement Report
0300-506.05, Communication with Attorneys, County Counsel, and Non-DCFS Staff
0500-501.20, Release of Confidential DCFS Case Record Information
0600-501.09, Consent for Mental Health and/or Developmental Assessments and Services
0600-501.10, Medical Consent
0600-502.20, HIV/AIDS Testing and Disclosure of HIV/AIDS Information
0600-506.10, Child Health and Disability Prevention (CHDP) ProgramCalifornia’s version of the federal health care program called Early and Periodic Screening, Diagnosis and Treatment (EPSDT). It provides comprehensive medical, mental health and dental diagnostic and treatment services for all Medi-Cal eligible persons aged newborn to 21 years who request them. States are required to inform the families of eligible children about CHDP; assist with referral and transportation to providers; and, follow-up to ensure that necessary diagnostic and treatment services are provided.
0900-522.00, Home-Based Family Care (HBFC) Level of Care (LOC) Rate Determination / Re-determination
1200-500.90, Model Case Format (MCF)
California Department of Social Services (CDSS) Manual of Policies and Procedures (MPP) Division 31-020.3 – Requires DCFS to explain to the parent, legal guardian, or child, his/her right to a grievance review regarding the placement or removal of a child from a foster home and to provide a copy of the grievance procedure regulations.
CDSS MPP Division 31, Section 405 – Lists social worker responsibilities for placement.
Health and Safety Code (HSC) Section 1536.2 – Discusses suitable placements that will meet the health, safety, and well-being needs of a child and will provide the least restrictive and most family-like environment to serve his/her needs.
Welfare and Institutions Code (WIC) Section 308 – Sets forth mandates regarding telephone contact for children who have been detained.
WIC Section 352(b) – States, in part, that if a child is removed from a parent/legal guardian's custody, no continuance will be granted that would cause the dispositional hearing being completed more than sixty (60) days after the hearing at which the child was removed or detained.
WIC Section 361.2(g) – Discusses placing a child in the county of the child's parents or guardian residence, out-of-county placement and the sending county's responsibility for supervision and visitation of the child.
WIC Section 361.2(h) – Addresses out-of-county placements.
WIC Section 827 – States that all DCFS case records are confidential and sets forth requirements and exceptions for inspecting and sharing these records.
Welfare and Institutions Code (WIC) Section 16001.9 (a)(1-41) - States that all children placed in foster care, either voluntarily or after being adjudged a ward or dependent of the juvenile court pursuant to Section 300, 601, or 602, shall have the rights specified in this section. These rights also apply to nonminor dependents in foster care, except when they conflict with nonminor dependents’ retention of all their legal decision making authority as an adult.
WIC Section 16010 – Mandates that the Case Plan for every child in foster care include a summary of the child's health and education information, including his/her mental health, and that this information be provided to the caregiver. The Health and Education Passport (HEP) Binder assists in accomplishing this mandate.