4315. Using Audio or Video to Electronically Monitor Children

Original Date:  2003

Revised Date:  March 24, 2020    

Sunset Review Date:  March 31, 2023

Approved by:  Jody Becker, Deputy Secretary of Children and Families

Purpose  

To purpose of this policy is to provide direction on the requirements for the use of electronic monitoring of children and youth placed in out-of-home care. This includes children or youth placed in:

• Licensed foster care
• Unlicensed kinship care
• Out-of-State group care facilities

Electronic monitoring does not include the use of audio or video monitoring for any of the following:

• Infants or children through four years of age.
• Medically fragile or sick children, when it relates to their health.
• Actions of a child or youth as directed in writing by the child or youth's physician.
• Special events such as birthday parties or vacations.
• Use of door or window alarms or motion detectors. 

Scope

This policy applies to Department of Children, Youth, and Families (DCYF) child welfare employees and Licensing Division (LD) foster home licensors and relative and adoption home study workers.

Laws

RCW 9.73.030 Intercepting, recording or divulging private communication - Consent required - Exceptions

Policy

1. DCYF will only use electronic monitoring when it is necessary to monitor the health, safety, or well-being of children and youth in out-of-home care.
2. DCYF allows the use of electronic monitoring of children or youth in:
   1. Washington State unlicensed placements or out-of-state group care facilities when recommended as a result of a shared planning meeting (SPM) and approval is received from both the:
      1. Assistant secretary of field operations or designee
      2. Courts
   2. Licensed foster homes or group care facilities in Washington State when recommended as a result of a SPM and approval is received from the:
      1. LD senior administrator or designee
      2. Courts

Procedures

1. Caseworkers must assess the need for electronic monitoring in the home of a specific child or youth by consulting with their supervisor.
2. Supervisors must approve the consideration for the use of electronic monitoring by:
   1. Reviewing the information provided by the caseworker and determining if the child or youth’s behaviors are a potential harm to their health, safety, or well-being.
   2. Notifying the caseworker of their decision.
3. If supervisors approve the consideration for the use of electronic monitoring, caseworkers must:
   1. Notify the Guardian ad Litem (GAL) or Court Appointed Special Advocate (CASA), service providers, child or youth's parents, and caregivers that electronic monitoring is being recommended.
   2. Conduct a SPM to discuss the need for electronic monitoring.
      1. If it is determined that electronic monitoring is not needed, caseworkers must complete the following:
         1. Discuss and document on the Shared Planning Meeting DCYF 14-474 form how the child or youth’s behaviors will be mitigated.
         2. Provide copies of the recommendations to meeting participants that:
            1. Attended.
            2. Were invited, but did not attend and are part of the child or youth’s supervision plan. 
         3. Add the recommendations to the Youth Supervision Plan DCYF 15-352 form.
      2. If electronic monitoring is recommended, caseworkers must:
         1. Determine the best method of electronic monitoring to meet the child or youth’s behavioral needs.
         2. Document all of the following on the Shared Planning Meeting DCYF 14-474 form:
            1. Type of monitoring equipment that will be used.
            2. Locations in the home where the equipment will be used.
            3. Individuals responsible for monitoring the child or youth with the equipment.
            4. Potential impact of electronic monitoring on other children or youth in the licensed or unlicensed home.
            5. Length of time the use of equipment is approved, or how often the equipment must be reviewed for continued use.
4. If during the SPM it is recommended to use electronic monitoring in:
   1. Washington State unlicensed placements or out-of-state group care facilities, caseworkers must:
      1. Complete the Administrative Approval Request DCYF 05-210 form and attach any supporting documentation, e.g., doctor’s note or therapist’s recommendation.
      2. Send the completed Administrative Approval Request DCYF 05-210 and Shared Planning Meeting DCYF 14-474 forms to the assistant secretary of field operations or designee.
   2. Licensed placements (foster homes or group care facilities) in Washington State:
      1. Caseworkers must send the Shared Planning Meeting DCYF 14-474 to the LD licensor.
      2. LD licensors must:
         1. Respond in writing to the caseworker about the suitability of using electronic monitoring and identify any concerns about implementing the proposed plan in the foster home or group care facility.
         2. Send the Licensing Waiver/Administrative Approval DCYF 15-411 form to the LD senior administrator for review.
         3. Notify the caseworker when the Licensing Waiver/Administrative Approval DCYF 15-411 form is approved or denied by the LD senior administrator.
         4. Upload the approved or denied Licensing Waiver/Administrative Approval DCYF 15-411 form in FamLink.
   3. If the assistant secretary of field operations or designee or the LD senior administrator/designee approves the use of electronic monitoring, caseworkers must:
      1. Update the child or youth’s case plan with all of the following:
         1. Reasons for the use of electronic monitoring.
         2. Type of equipment and how it will be used.
         3. Timeframes for review or removal of the electronic monitoring equipment.
      2. Obtain court approval for the use of electronic monitoring. If the next court hearing is scheduled beyond 30 calendar days, contact the assigned assistant attorney general to request a court hearing.
      3. Coordinate with the caregivers or facility employees to implement the electronic monitoring after the case plan is approved by the court.
      4. Document changes in the child or youth’s behavior in monthly health and safety visit case notes.
      5. Review the use of electronic monitoring at least prior to each court hearing.
5. Changing Out-of-Home Placements
   Caseworkers must reassess and complete the approval process in this policy with the new caregivers, when children or youth move to a different out-of-home placement and electronic monitoring is still needed.

Forms

Administrative Approval Request DCYF 05-210

Licensing Waiver/Administrative Approval DCYF 15-411

Shared Planning Meeting DCYF 14-474

Youth Supervision Plan DCYF 15-352

Definitions

Electronic Monitoring means video or audio monitoring or recording inside a home or facility, used to watch or listen to children or youth as a way to monitor their behavior. This includes common areas, e.g. living room or recreational room, in the home or facility.

Resources

Guide to Shared Planning Meetings (located on the Child and Family Welfare Services CA DCYF intranet page)

WAC 110-145-1625 What are the requirements for the use of electronic monitors to monitor children? 

WAC 110-148-1540 What privacy must I provide for children in my care?