Original Date: October 20, 2013
Revised Date: July 1, 2024
Sunset Review Date: July 31, 2028
Approved by: Natalie Green, Assistant Secretary of Child Welfare Division
Purpose
The purpose of this policy is to provide guidance on:
- Using:
- Active efforts to prevent the children’s removal or promote the timely reunification of Indian families when there is reason to know children are or may be Indian children.
- Reasonable efforts in determining when to place children or youth in out-of-home care.
- Prioritizing:
- Parent’s, guardian’s, child’s, or youth’s placement preferences.
- Relative and suitable person placements.
- Tribal placement preferences.
- Providing:
- A placement that meets the children’s and youth’s safety, health, stability, and well-being needs and is in their best interest.
- The children’s or youth’s health care information at time of placement.
- Monitoring children’s and youth’s safety, health, stability, and well-being.
- Obtaining vital records.
Scope
This policy applies to Department of Children, Youth, and Families (DCYF) employees.
Laws
Chapter 13.34 RCW Juvenile Court Act-Dependency and Termination of Parent-Child Relationship
Chapter 13.38 RCW Indian Child Welfare Act
Chapter 26.44 RCW Abuse of Children
RCW 71A.28.010 Person-centered service plan-Intent
RCW 74.14A.020 Services for emotionally disturbed and mentally ill children, potentially dependent children, and families-in-conflict
RCW 74.15.020 Definitions
RCW 74.15.090 Licenses required for agencies
PL 103-382 Multiethnic Placement Act (MEPA) of 1994
Policy
- Caseworkers must:
- Follow these policies when there are placement decisions:
- Indian Child Welfare (ICW) Dependency Cases policy when there is reason to know children are or may be Indian children.
- Family Team Decision Making (FTDM) meeting.
- Relative Search and Notification.
- Have legal authority for the placement and care authority (PCA) of children or youth before placing them in out-of-home care.
- Prioritize placing with siblings, relatives, and suitable persons.
- Obtain and provide the following information to caregivers, the children’s or youth’s:
- Healthcare information.
- Birth certificates.
- Social security numbers (SSN) and cards.
- Follow these policies when there are placement decisions:
- LD workers must notify caseworkers when there is an open case and foster children or youth are placed in a licensed home and the caregiver’s biological, adopted, or guardianship children or youth are removed by:
- Law enforcement (LE).
- Hospital hold.
Procedures
- Determining Need for Out-of-Home Care
- Caseworkers must complete the following when considering out-of-home care:
- Contact the tribes if there is reason to know children are or may be Indian children, per the ICW Child Protective Services Investigation and Family Assessment Response policy.
- Use the safety framework to identify:
- The safety of children and youth, including assessing for present danger and impending danger.
- If an in-home protective action plan or an in-home safety plan is necessary and appropriate to prevent removal.
- Provide:
- Active efforts to prevent the children’s removal or promote the timely reunification of Indian families, per the ICW Active Efforts and Tribal Collaboration policy if there is reason to know children are or may be Indian children.
- Reasonable efforts to prevent the need for placement in out-of-home care, including, but not limited to:
- Offering or providing services.
- Removing the individuals or environmental threat from the home rather than the children or youth.
- Creating a safety plan to control or manage the safety threat.
- Consider whether continued out-of-home placement is necessary if either occur:
- LE:
- Places a child or youth in protective custody (PC).
- Transfers custody to DCYF with a signed Child Custody Transfer DCYF 10-157.
- A physician, administrator of a hospital, or similar institution:
- Places the child or youth on a hospital hold.
- Transfers custody to DCYF with a signed Child Custody Transfer DCYF 10-157. Caseworkers must follow the Hospital Holds policy.
- LE:
- Conduct:
- A Safe Child Consultation, per the Safe Child Consultation Guide document.
- An FTDM.
- Seek removal of children or youth from the home if one of the following apply:
- The children or youth are in present danger and the Protective Action Plan cannot maintain them safely in the home of their parent or legal guardian.
- A safety threat is identified for the children or youth while in the care of their parent or legal guardian, and a safety plan cannot adequately control the safety threat.
- Follow the Dependency Petition Process policy to:
- Petition the court for legal authority to remove the children and youth.
- Request a shelter care hearing occur within 72-hours of their removal.
- If children or youth are in the PCA of DCYF and placed in licensed or unlicensed care, and they are in present danger or there is a safety threat, caseworkers must follow the Placement Moves policy.
- If biological, adopted, or guardianship children or youth of a licensed provider is in present danger or there is a safety threat, and legal authority is needed to remove the children or youth:
- Contact LE to assess for PC.
- Notify:
- Intake per the Intake Process and Response policy.
- The LD worker.
- Refer children or youth with a developmental disability to Developmental Disabilities Administration (DDA) when they are being considered for out-of-home-placement and there is no alleged child abuse or neglect (CA/N).
- LD CPS investigators must complete the following when considering out-of-home placement for biological, adopted, or guardianship children or youth of a licensed provider:
- Discuss with their supervisor.
- Contact:
- LE to assess for PC when there is imminent physical harm due to CA/N.
- The tribe if there is reason to know children are or may be Indian children, per the ICW Child Protective Services Investigation and Family Assessment Response policy.
- Recommend removal of children and youth if one of the following apply:
- They are in present danger or at risk of imminent physical harm and the safety plan cannot maintain them safely in the home of their parent or guardian.
- A safety threat is identified for them while in the care of their parent or guardian, and at least one of the following are met:
- Reasonable efforts to prevent placement have failed including, removing the individuals or environmental threat from the home rather than the children or youth. If services are needed LD must:
- Notify the caseworker.
- Follow the Safety Plan policy.
- A safety plan cannot adequately control or manage the safety threat.
- LE has:
- Placed them in PC.
- Transferred custody to DCYF with a signed Child Custody Transfer DCYF 10-157 form.
- Reasonable efforts to prevent placement have failed including, removing the individuals or environmental threat from the home rather than the children or youth. If services are needed LD must:
- A physician, administrator of a hospital, or similar institution believes holding the child or youth is necessary to prevent imminent physical harm due to CA/N, including that which results from sexual abuse, sexual exploitation, or a pattern of severe neglect if released to their parent or guardian and has placed the child on a hospital hold, caseworkers must follow the Hospital Holds policy.
- They are biological, adopted, or guardianship children or youth of a licensed provider and are in present danger or there is a safety threat and legal authority is needed to remove them, LD employees must contact either:
- LE
- The caseworker or supervisor
- Refer children or youth with a developmental disability to Developmental Disabilities Administration when they are being considered for out-of-home-placement and there is no alleged child abuse or neglect (CA/N).
- Caseworkers must complete the following when considering out-of-home care:
- Legal Authority for Out-of-Home Placements
Caseworkers must:- Have legal authority for the PCA of children or youth before placing them in out-of-home care through one of the following, a:
- Voluntary Placement Agreement (VPA), following these policies:
- VPA.
- ICW Dependency Cases, if there is reason to know children are or may be Indian children.
- LE officer:
- Placed the child or youth in PC.
- Signed the Child Custody Transfer DCYF 10-157 form.
- Hospital administrator or physician has:
- Placed the child or youth on a hospital hold.
- Signed the Child Custody Transfer DCYF 10-157 form.
- Court entered an order in either a dependency case or Child in Need of Services (CHINS) case that authorized placement of them in the PCA of DCYF.
- Court order authorizes DCYF to take custody of them through a Motion for Order to Take Child into Custody.
- Voluntary Placement Agreement (VPA), following these policies:
- Seek legal authority for a placement even if parents or guardians have arranged an alternate placement beforehand, and there is:
- Impending danger to children or youth.
- Their safety cannot be managed in their parent’s or guardian’s care.
- Complete the following if a guardianship of a minor is pursued by the parents:
- Have legal authority for the PCA of children or youth before placing them in out-of-home care through one of the following, a:
- Placement in Out-of-Home Care
Caseworkers must:- Complete the following when children and youth are placed in out-of-home care:
- By a:
- Protective custody or hospital hold:
- Obtain a signed Child Custody Transfer DCYF10-157 form.
- Upload the signed Child Custody Transfer DCYF 10-157 form in FamLink.
- Make diligent efforts to provide a copy of the signed Child Custody Transfer 10-157 to all parents and guardians.
- Follow Procedures Section 1 to determine if DCYF should pursue continued out-of-home placement.
- Signed Child Custody Transfer DCYF 10-157:
- Make diligent efforts to provide a completed Temporary Custody Notification DCYF 09-731 form to the parents and guardians.
- Upload the completed and signed Temporary Custody Notification DCYF 09-731 form into FamLink.
- Protective custody or hospital hold:
- Make reasonable efforts to assess the parent or guardian that was not residing with the children or youth at the time of removal to determine their ability to care for the children or youth.
- By a:
- Follow the Relative Search and Notification policy and ask parents and guardians, and children and youth at time of removal for their placement preferences.
- Notify the:
- National Crime Information Center (NCIC) Background Check Unit (BCU) immediately for emergent placements for children or youth being placed with unlicensed relatives and suitable persons by:
- Either:
- Calling NCIC BCU at 1-800-998-3898.
- Emailing NCIC.
- Following the Background Checks policy.
- Either:
- Fiduciaries by documenting the child’s or youth’s placement or placement change in the FamLink Child Location within three calendar days of their placement with:
- Licensed caregivers for emergent and non-emergent placements.
- Relatives or suitable persons non-emergent placements.
- National Crime Information Center (NCIC) Background Check Unit (BCU) immediately for emergent placements for children or youth being placed with unlicensed relatives and suitable persons by:
- Follow the Timely & Accurate Placement Entry User Guide document when individuals are conditionally approved.
- Notify the appropriate foreign consulate and follow the Notification to Foreign Consulate policy if the children or youth are both:
- Citizens of another country.
- Placed in out-of-home care.
- Follow the memorandum of Understanding with Mexico if children or youth are citizens of Mexico.
- Confirm placement has been documented by either NCIC BCU or fiduciaries, if not contact them immediately, as placement in FamLink initiates the following:
- Relative Search and Notification.
- Child Health and Education Tracking (CHET) screen.
- IV-E determination.
- Foster care maintenance payment, if applicable.
- Apple Health Core Connections (AHCC) Medicaid coverage.
- Follow:
- The DCYF Administrative policies:
- 6.02 Access to Services for Clients and Caregivers who are Limited English Proficient (LEP) when a parent, guardian, child, or youth has LEP.
- 6.04 Supporting LGBTQIA+ Individuals for all children or youth involved in an open child welfare case.
- Child welfare policies:
- Notification of Court Hearings and Information Sharing with Out-of-Home Caregivers, to inform caregivers about their right to be present and participate in court hearings and share important information about the children and youth.
- Placement Moves, if children or youth are being moved from one out-of-home placement to another.
- Behavioral Rehabilitation Services (BRS), if children or youth have behavioral issues and need a higher level of services.
- Placement-Intensive Resources and Interstate Compact on the Placement of Children policies if out-of-state placement is being considered.
- The DCYF Administrative policies:
- Complete the following when children and youth are placed in out-of-home care:
- Placement Setting Decisions
Caseworkers must:- Make out-of-home placement decisions based on the best interest of the children and youth and parent, guardian, child, or youth preference, in the following order:
- Licensed or unlicensed relatives or suitable persons.
- Licensed general foster parents.
- Licensed group care facilities.
- Follow these policies:
- ICW Placement Preferences when there is reason to know children are or may be Indian children.
- Relative Search and Notification.
- Placing with and Supporting Unlicensed Relatives and Suitable Persons when placing with unlicensed caregivers.
- Placement and Support for Licensed Relatives, Licensed Suitable Persons, and Foster Parents when placing with licensed caregivers.
- Place children and youth with:
- Relatives, suitable persons or licensed placements that are in their best interest and promotes their safety, health, stability, and well-being needs, including:
- The least restrictive placement necessary to meet the children’s or youth’s needs.
- In close proximity to the parent or guardian.
- Allowing the children or youth to remain in the same school when it is reasonable and practical. Complete the following when necessary to maintain their enrollment:
- Conduct transportation planning.
- Provide the School Notification DCYF 27-093 form to the school.
- Follow the Educational Services and Planning Early Childhood Development K-12 and Post-Secondary policy.
- With siblings, unless one of the exceptions in Procedures Section 5. applies.
- Placement settings that provide stability and are least likely to result in placement moves.
- Relatives, suitable persons or licensed placements that are in their best interest and promotes their safety, health, stability, and well-being needs, including:
- Place children and youth with general foster parents or in group care only if an approved relative or suitable person placement is not available by:
- Contact previous caregivers if children or youth return to out-of-home care and:
- Considering preferences such as sibling relationships, ethnicity, culture, and religion when matching children and youth to foster homes. Race, color, or national origin of foster parents or children and youth must not be the basis for any delay or denial of placement.
- Continuing to make efforts to place children and youth with relatives or suitable persons throughout the life of the case.
- Contact previous caregivers if children or youth return to out-of-home care and:
- There are no relatives or suitable persons approved or available for placement.
- The caregiver is available, willing, and able to meet their needs.
- Placement with that caregiver is in their best interest.
- Follow the DCYF Administrative 6.04 Supporting LGBTQIA+ Individuals policy when making placement decisions for children or youth that are exploring or identify as LGTBQIA+.
- Make out-of-home placement decisions based on the best interest of the children and youth and parent, guardian, child, or youth preference, in the following order:
- Sibling Placements
Caseworkers must:- Place siblings together, unless one of the following exceptions apply:
- Placing siblings together would negatively impact one or both of the children’s or youth’s health, safety, or well-being. If this occurs after placement, hold an FTDM to determine the sibling that will be moved.
- Children or youth are admitted into detention, psychiatric hospital, or a residential treatment facility to meet their needs.
- A sibling with a physical, emotional, or mental condition requires specialized services to accomplish specific therapeutic goals that cannot be met in the placement with their siblings. If this applies, the sibling is only placed apart from their siblings until the therapeutic goal is accomplished.
- An abusive relationship between siblings exists and therapy is not effective.
- A suitable relative is available and placement with them is in the children’s and youth’s best interest.
- A court order prohibits DCYF from placing siblings together.
- Complete the following if siblings are not placed together and an exception is needed:
- Document the reason for the sibling exception on the FamLink Sibling Exception tab on the visit plan.
- Name the visit plan “Sibling Placement Exception MM/DD/YY.
- Obtain area administrator approval.
- Arrange sibling visits if siblings are not placed together, per the Family Time and Siblings and Relatives Visits policy.
- Determine communication between children and youth placed in out-of-home care and their parents or guardians, per the Outside Communication for Children in Out-of-Home Care policy.
- Continually assess placing siblings together if they are placed separately, and place together if the conditions requiring separation no longer apply.
- Place siblings together, unless one of the following exceptions apply:
- Health Care and Other Necessary Information
Caseworkers must at the time of placement or as soon as possible:- Follow the Health Care Services for Children and Youth Placed in Out-of-Home Care policy, including obtaining an initial health screen for children or youth as soon as possible, but no later than five calendar days after the original placement date.
- Provide caregivers the following:
- Forms:
- Information:
- Voucher for Interim Pharmacy and Medial Services for Foster Children.
- National Institute for Health: What Does a Safe Sleep Environment Look Like? for infants birth to one year, per the Infant Safety Education and Intervention policy.
- Vital Statistics, e.g., Birth and Death Certificates and Social Security (SS) Cards
Caseworkers must:- At the time of placement or as soon as possible, complete the following for children and youth:
- Obtain a copy of their birth certificates and SS numbers or cards from the parents or guardians.
- If parents or guardians do not have them or refuse to give their birth certificate or SS card, take the following steps for:
- Birth Certificates
- Verify the children or youth have a Washington birth certificates by using the Department of Health (DOH) vital records registry.
- For in-state birth certificates, request a certified copy at the DOH website.
- For out-of-state birth certificates, follow the Centers for Disease Control and Prevention (CDC) Vital Records requirements for each individual state.
- For out-of-country birth certificates contact the US embassy or foreign consulate to:
- Determine where official birth records are kept.
- How to apply for a birth certificate.
- SS Cards
- Verify efforts to locate a SS card are exhausted before ordering a new card because Social Security Administration (SSA) limits the number of cards issued in a lifetime.
- If they do not have a SSN or SS card or need a replacement, cards may be obtained through the SSA. Follow the requirements using the SS card website.
- Birth Certificates
- Provide all caregivers with the children’s or youth’s:
- SSN
- A copy of their birth certificate when obtained.
- Verify death, marriage, and divorce certificates, if applicable, using either website:
- DOH
- CDC Vital Records
- Not provide information obtained from the DOH website, e.g., screenshots or printouts, externally as verification of birth, death, marriage, divorce or for school enrollment purposes.
- When children or youth request to update their names or genders on their birth certificates follow DCYF Administrative 6.04 Supporting LGBTQIA+ Individuals policy.
- At the time of placement or as soon as possible, complete the following for children and youth:
- Placement Activities
Caseworkers must:- Complete a safety assessment at key points in the case, per the Safety Assessment policy.
- Follow these policies when children are placed:
- Family Time and Sibling and Relative Visits to coordinate visits between children and youth and their parents or guardians, and siblings.
- Health and Safety Visits with Children and Monthly Visits with Caregivers and Parents to monitor the health and safety needs of children and youth.
- Outside Communication for Children in Out-of-Home Care to verify the children and youth are maintaining safe family connections.
- Case Plan to create case plans for children, youth, and families.
- Family Assessment to address changes in behaviors and attitudes related to safety.
- Return Home assess conditions for return home.
- Documentation
Caseworkers must:- Document the following in FamLink:
- Placement by documenting:
- The call or email to NCIC for emergent relative or suitable persons placements.
- Using the Timely & Accurate Placement Entry User Guide document.
- Active efforts, if there is reason to know children are or may be Indian children, per the following:
- Washington State ICWA placement preferences, per RCW 13.38.180.
- ICW Dependency Cases policy.
- Tribal placement preferences as outlined in the ICW Dependency Cases policy.
- Reasonable efforts to prevent the removal or to reunify the family, including a description of the services that were offered or provided.
- Efforts to:
- Support the caregivers and children and youth in placement.
- Place siblings together, this includes the exceptions in Procedures Section 6. for each child or youth on the Sibling/Incarcerated Parent Visit tab on the Treatment Planning page.
- Children’s and youth’s routine and special needs related to the following, including, but not limited to:
- Safety
- Mental health
- Medical
- Culture
- Education
- Religion
- Placement by documenting:
- Upload the following signed forms after providing them to the caregiver, as applicable:
- Child Information and Placement Referral DCYF 15-300
- Placement Agreement DCYF 15-281
- Home Inspection Checklist (Kinship) DCYF 10-453
- Document the following in FamLink:
Forms
Background Check Authorization DCYF 09-653
Child Custody Transfer DCYF 10-157 (located in the Forms Repository on the DCYF intranet)
Child Information and Placement Referral DCYF 15-300
Child Welfare Provider and Placement Request DCYF 10-065 (located in the Forms repository on the DCYF intranet)
Concurrent TANF Benefits/Family Reunification Notice of Removal from TANF Home DCYF 15-362
DCYF Caregiver Authorization DCYF 10-454
Home Inspection Checklist (Kinship) DCYF 10-453
Notification to Parents DCYF16-219 (located in the Forms Repository on the DCYF intranet)
Placement Agreement DCYF 15-281
School Notification DCYF 09-093
Temporary Custody Notification DCYF 09-731 (located in the Forms Repository on the DCYF intranet)
Resources
Active, Diligent, and Reasonable Efforts policy
Behavioral Rehabilitation Services (BRS) policy
Child Health and Education Tracking (CHET) policy
DCYF Administrative 6.02 Access to Services for Clients and Caregivers who are Limited English Proficient (LEP) policy
DCYF Administrative 6.04 Supporting LGBTQIA+ Individuals policy
Family Team Decision Making (FTDM) Meeting policy
Family Time and Sibling and Relative Visits policy
Health and Safety Visits with Children and Monthly Visits with Caregivers and Parents policy
Health Care Services for Children and Youth Placed in Out-of-Home Care policy
ICW Active Efforts and Tribal Collaboration policy
ICW Child Protective Investigations Services and Family Assessment Response policy
ICW Placement Preferences policy
Infant Safety Education and Intervention policy
Interstate Compact on the Placement of Children policy
Memorandum of Understanding with Mexico (Located on the DCYF intranet, under Policy & Practice and Other)
National Institute for Health: What Does a Safe Sleep Environment Look Like?
Notification to Foreign Consulate policy
Outside Communication for Children in Out-of-Home Care policy
Placing with and Supporting Unlicensed Relatives and Suitable Persons policy
Placement and Support for Licensed Relatives, Licensed Suitable Persons, and Foster Parents policy
Placement-Intensive Resources policy
Relative Search and Notification policy
Safe Child Consultation Guide document (Located on the DCYF intranet under Programs, Intake & CPS, Policy & Laws, Child Safety Framework, and Resources)
Timely & Accurate Placement Entry User Guide document (located on the DCYF Child Welfare intranet, under Practice Guides)