4305. Permanent and Concurrent Planning

Original Date: 2000

Revised Date: June 9, 2022

Sunset Review Date: June 30, 2026

Approved by: Frank Ordway, Chief of Staff

Purpose

Permanency planning starts at first contact with the family and continues until a permanency goal is achieved.

Concurrent planning provides for timely reunification services while anticipating and preparing for an alternate permanent plan.

Scope

This policy applies to child welfare employees.

Laws

Chapter 11.130 RCW Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act

Chapter 13.34 RCW Juvenile court act-Dependency and termination of parent-child relationship

Chapter 13.36 RCW Guardianship

Chapter 26.33 RCW Adoption

RCW 74.15.020 Definitions

PL 105-89 Adoption and Safe Families Act of 1997

Policy

A permanency planning goal must be identified for all children in out-of-home care no later than 60 days from the Original Placement Date (OPD).
Permanent plan options must be discussed in shared planning meetings (SPM). This includes discussing both the chapter 13.36 RCW guardianship and the chapter 11.130 RCW guardianship of a minor using the Permanency Planning Matrix DCYF CWP_0088 publication with the child’s or youth’s parents and caregivers, as an alternative to termination of parental rights (TPR) and adoption, per the Guardianships policy.
A written report to the court must identify concurrent plans. A permanent plan includes how the department is working towards securing a safe, stable and permanent home for the child. The court report must address the following:
1. Primary and alternate permanent plans being pursued concurrently. Permanent and alternate permanent plan options only include:
  1. Return of home to the child's parent, guardian or legal custodian
  2. Guardianship
  3. Guardianship of a minor
  4. Adoption
2. Reasonable efforts to return the child to their birth or adoptive parents.
3. How the permanency plan is in the best interest of the child.
4. How the agency has worked toward securing a safe, stable and permanent home for the child as early as possible.
Long-term foster or relative care is not a permanent plan. It is only considered when other permanent plans are determined not to be in the best interest of a child age 16 and older as the results of a shared planning decision making process. Continued efforts must be made to achieve legal permanency, unless determined to not be in the child’s best interest.
Caseworkers must consider a permanent plan that allows the parent to maintain a relationship with the child when a parent:
1. Is sentenced to long-term incarceration;
2. Has maintained a meaningful role in the child's life;
3. There is no court order limiting or prohibiting contact; and
4. It is in the child's best interest.
Citizenship and immigration status of the child should be determined early in the case and should be re-confirmed prior to establishing a permanent plan per Notification to Foreign Consulate policy.

Procedures

Plan:
1. Utilize the shared planning process when making permanency planning decisions for children in out-of-home care according to the timelines in the SPM policy. Any changes in a permanent plan require a new SPM. Staff permanent plans with your supervisor. Refer to Indian Child Welfare policies and procedures ICW chapter 10 for all Indian children.
2. Determine the best interest of the child by consider the following:
  1. The child's wishes and long-term goals
  2. Medical issues
  3. Age of the child
  4. The child's connections to their identity, affiliations to their community, tribe, church, school, religious/spiritual beliefs, relatives and friends
  5. The long-term needs of the child
  6. The emotional ties and development needs and how these can be met through the identified permanent plan
Document:
1. The primary and alternate permanent plan on both the Shared Planning Meeting DCYF 14-474 form and the Permanency Planning tab in FamLink.
2. The discussion about both types of guardianship with the children’s parents and caregivers as an alternative to TPR and adoption on the Shared Planning Meeting DCYF 14-474 form in FamLink during the SPM.
3. The reasons the identified permanent plan is in the best interest of the child in the case plan.
4. When siblings are not placed together:
  1. Document exceptions or other reasons siblings are being placed apart as it applies to each child on the Sibling Visit Details tab in the FamLink Visit Plan Page.
  2. Print a copy of the Sibling Visit Details tab in the FamLink Visit Page; obtain approval signatures from supervisor and Area Administrator.
  3. Upload approved Sibling Visit Details document into FamLink.
Permanent Plans:
Identify a primary and alternate plan from the following options:
1. Always consider Return Home as the primary permanent plan for a child when all the following conditions are met:
  1. Aggravated circumstances do not exist.
  2. It is likely the child will return home per the Reasonable Efforts policy.
  3. The plan of returning home is in the best interests of the child.
  4. The child (as age and developmentally appropriate) has been consulted regarding the potential benefits and risks of the return home.
  5. Safety threats are eliminated or can be managed in the family home.
2. Consider chapter 13.36 RCW guardianship, per the Guardianship policy when the following conditions are met:
  1. The child was removed from the parents through a Voluntary Placement Agreement (VPA) or the child is a dependent of DCYF.
  2. A determination is made through the SPM that it is not in the best interests of the child to pursue reunification or adoption.
  3. The plan of guardianship is in the best interest of the child.
  4. The proposed caregiver has the ability to meet the child's special needs without DCYF case management and caseworker support and the caregiver:
    1. Can make a commitment to parent the child until adulthood.
    2. Has a significant relationship with the child.
    3. Has an approved family home study, per the Completing the Home Study policy or the Placements with Unlicensed Relatives or Suitable Persons policy.
  5. The Permanency Planning Matrix DCYF CWP_0088 publication has been reviewed with the proposed caregiver.
  6. The child and a sibling are in the same placement, the permanent plan is chapter 13.36 RCW guardianship for that sibling and guardianship is also in the best interests of this child.
  7. If the child is considered an Indian as defined in the Federal Indian Child Welfare Act and the Tribe(s) is involved and requesting a guardianship. If a guardianship subsidy is being requested the child and the prospective guardian must meet R-GAP eligibility requirements.
  8. The child (as age and developmentally appropriate) has been consulted regarding the potential benefits and risks of the permanency plan and the child has stated preference for the identified plan.
3. Consider chapter 11.130 RCW guardianship of a minor when the following conditions are met:
  1. The child was removed from the parent(s) through a VPA or the child is a dependent of DCYF.
  2. A determination is made through the shared planning process that it is not in the best interests of the child to pursue reunification, chapter 13.36 RCW guardianship, or adoption.
  3. The plan is in the best interest of the child.
  4. The proposed caregiver has the ability to meet the child's special needs without DCYF case management and caseworker support and:
    1. Can make a commitment to parent the child until adulthood.
    2. Has a significant relationship with the child.
  5. If placement has been made with the proposed caregiver, the caregiver must have an approved family home study, per the Completing the Home Study or Placements with Unlicensed Relatives or Suitable Persons policy.
  6. The Permanency Planning Matrix DCYF CWP_0088 publication has been reviewed with the proposed caregiver.
  7. The child and sibling are in the same placement, the permanent plan is guardianship of a minor for that sibling and guardianship of a minor is also in the best interests of this child.
  8. If the child is considered an Indian as defined in the Federal Indian Child Welfare Act and the tribe(s) is involved and requesting guardianship of a minor.
4. Guardianship of a minor actions may be initiated by the any person believing the child or youth should have a guardian in Superior Court and for the matter to be heard by Superior Court the Juvenile Court must waive its exclusive jurisdiction.
5. Consider adoption, per the Identifying Adoptive Families policy, when a child is unable to return home and when all the following conditions are met:
  1. The child was removed from parents and is dependent.
  2. Parental rights will likely be terminated by the court or relinquishment has been or will be accepted by both DCYF and the court.
  3. Reasonable efforts were provided to the parent(s) to safely reunify the child to their care. The parent(s) have not made sufficient and timely progress in addressing the parental deficiencies that brought the child into care and this is documented in the case file.
  4. The plan is in the best interests of the child.
  5. Aggravated circumstances may exist. Refer to the Permanency Planning Hearings-Timelines policy.
  6. The child or youth, as age and developmentally appropriate, has been provided education about the impacts of adoption. Youth over the age of 14 must sign consent for the adoption, per RCW 26.33.160.
  7. The child and sibling are in the same placement, the permanent plan is adoption for that sibling and also in the best interest of this child.
  8. The prospective adoptive parent has an approved adoptive home study, per the Completing the Home Study policy.
Long-Term Foster or Relative Care Agreements must only be considered when children are age 16 and over and all the following conditions are met:
1. The child was removed from the parents and is dependent.
2. A determination is made through the shared planning process that it is not in the best interest of the child to pursue legal permanency options: reunification, guardianship, guardianship of a minor, or adoption.
3. The plan is in the best interest of the child and the child needs the stability offered by this living arrangement.
4. Termination of parental rights (TPR) compelling reasons must be reviewed at every court hearing and the court must find that the compelling reasons still exist and are documented in FamLink.
5. The child has made a significant connection to the caregiver and has resided with the caregiver for over six months.
6. The Permanency Planning Matrix DCYF CWP_0088 publication has been reviewed with the proposed caregiver.
7. The youth (age 16 and over) has been consulted regarding the potential benefits and risks of the permanency plan and the youth has indicated a preference for the identified plan and is willing to sign the agreement.
8. The youth over the age of 16 and capable of giving consent has agreed to sign consent for the long-term foster care agreement and is aware of the potential benefits and risks of other permanency plans.
9. The caregiver:
  1. Makes a commitment to care for the child until the age of 18 or 21 if applicable.
  2. Shows an ability to meet child's special needs.
  3. Demonstrates an understanding that the child remains in the custody of DCYF and under DCYF's control and further demonstrates an ability to cooperate with DCYF in shared planning for the child.
  4. Agrees to enter into a long-term foster care or relative care agreement approved by the court.
  5. Signs a Long Term Care Agreement for Foster Parents or Relative Caregivers DCYF 15-322 form.
  6. Regional Administrators signs both forms:
    1. Long Term Care Agreement for Foster Parents or Relative Caregivers DCYF 15-322
    2. Checklist for Approval Long Term Agreement for Foster Parents or Relative Caregivers DCYF 15-323 (located in the Forms repository on the DCYF intranet)
  7. Demonstrates an understanding of permanency as a long-term, life-long connection and has agreed to support the youth in their transition to adulthood.

Forms

Checklist for Approval Long Term Agreement for Foster Parents or Relative Caregivers DCYF 15-323 (located in the Forms repository on the DCYF intranet)

Long Term Care Agreement for Foster Parents or Relative Caregivers DCYF 15-322

Shared Planning Meeting DCYF 14-474

Voluntary Placement Agreement DCYF 15-281