Allegation System | Rule and Procedure | Policy Transmittals | Federal and State Law | Clinical Skills and Research | Table of Contents
2.4.1 Administrative Case Review | 2.4.2 The Juvenile Court Process | 2.4.3 Quality Improvement Process
Administrative Case Review (ACR) is the federally mandated review of a client's comprehensive family service plan to determine whether children and families are receiving the services and supports needed to promote safety, well being and permanency.
ACR's occur at 6 months after the initial placement and every 6 months thereafter until a permanency plan is achieved. At the ACR, the current comprehensive family service plan is evaluated and the new plan is formally reviewed. Information regarding the status of the permanency plan, parent's progress in services, indicators of changes in the parent's behavior, results of evaluations and assessments and reasonable efforts made by the caseworker must be shared with the reviewer and participants at the ACR. Participants in the ACR include the parent(s), child (ren) as appropriate depending on the child's age and developmental level, the caseworker, the supervisor as needed, and the administrative case reviewer. Others may be present with the written consent of the parent(s). Other participants may include service providers, the Court Appointed Special Advocate (CASA) worker, extended family members and non-custodial parents. Foster parents or relative caregivers are usually present for the child's portion of the review only. However, they may be present for the parent's portion upon written consent of the parent. Parents and children (if present) are expected to be active participants in the ACR process. Parents must be informed of their appeal rights at each ACR.
The evaluation of the current plan and development of the new plan should already have occurred with the family at the Family meeting prior to the ACR. Except in unusual circumstances, which must be documented in the case record, the ACR should not be the first time the parents see the new plan. Given the requirements for full disclosure, regular family meetings and in-person contacts, nothing at the ACR should be new information to the parents if they have been active participants in those meetings.
The administrative case reviewer has the responsibility and authority to manage the case review process and to determine that the goal and evaluation of progress are consistent with the facts of the case as presented during the ACR and appropriate for the goal.
The Juvenile Court will monitor every child in placement as well as those children in intact families for whom a petition was filed. The Juvenile Court Act governs proceedings in Juvenile Court. Although proceedings may vary slightly in different counties, the following general procedures apply:
REQUEST FOR FILING A PETITION
A juvenile court process begins with the filing of a petition with the Court. Although any adult person can file a petition for wardship under the Juvenile Court Act, the State's Attorney (or Assistant State's Attorney) represents the State of Illinois and has the discretion to prosecute, establishing whether abuse, neglect or dependency occurred, or to terminate the rights of parent(s). Therefore, DCFS screens its cases through the State's attorney for filing with the juvenile court. Although the interests of the State's Attorney and IDCFS often converge, it is important to keep in mind that the State's Attorney's viewpoint of the case may differ from the Department's. In those situations, it may be necessary for the worker to involve an IDCFS attorney.
PROTECTIVE CUSTODY GROUNDS
A child can be taken from his/her home or not allowed to return home by a child protection service worker (CPSW), a member of a local law enforcement agency (police) or a Physician without the consent of the person responsible for the child if the CPSW, physician or police officer have reason to believe that the child's health and safety may be endangered at the home or in the custody of the person responsible for the child and that there is immediate and urgent necessity 9no time to petition the court) to remove the child for his/her own protection.
The court serves as a check and balance system to the authority of the CPSW, police or physician to take protective custody. The court, by law, requires that any child taken into temporary protective custody and who remains in custody must appear before the court with 48 hours of being taken into temporary protective custody (excluding weekends and holidays).
However, if protective custody was not taken, or allowed to lapse, the case would be set for future date for proper notice to be served on the parties.
The worker should serve the parent and necessary parties with NOTICE TO PARENTS AND CHILDREN OF SHELTER CARE HEARING prior to the shelter care hearing and provide the court with an affidavit/certification of the proof of service or the diligent efforts of the workers to serve the necessary parties.
COURT APPEARANCES
Child welfare professionals must appear in Juvenile Court in the fulfillment of their duties. Attendance at all court proceedings, including abuse, neglect and delinquency, scheduled for their caseload is mandatory. Failure to attend the court hearing impedes the delivery of services to children and families and can jeopardize the working relationships with judges, attorneys and other participants. Child Welfare professionals should always attend court on time, be appropriately dressed and be fully knowledgeable of their cases.
Compel Orders are court orders used primarily to inform persons who have missed appearing in court. They are sent to persons such as caseworkers and attorneys. Subsequent failures to appear may result in sanctions or managerial staff being compelled to court.
A Rule to Show Cause is a request by the court for someone to appear and present to the court reasons and considerations why a particular order should not take effect (e.g. why a worker should not be held in contempt for failure to appear, follow a court order, etc.)
Subpoenas are writs issued by the Clerk of the court that are served on witnesses. Subpoenas typically are issued to people who do not automatically attend court, such as doctors who are called as expert witnesses. Subpoenas compel attendance at trials or depositions to give testimony or produce documents. Failure to comply with subpoenas may result in a contempt of court (rule to show cause) proceeding.
There are occasions when a DCFS or POS agency worker will receive a subpoena. When this occurs, the worker should immediately consult their supervisor. If these are questions, the worker may contact DCFS legal.
TEMPORARY CUSTODY HEARING (SHELTER CARE HEARING)
This is the first appearance of a substitute care case in the Juvenile Court. The Juvenile Court Act refers to this hearing as the Temporary custody Hearing but it is interchangeably identified as a Shelter Care Hearing. If protective custody was taken it is heard within forty-eight hours of the temporary protective custody. (excluding weekends and holidays). If temporary protective custody was not taken or has lapsed, it can take place with a longer date, usually in order to give the parent(s) and/or guardian, legal custodian, or responsible relative adequate notice.
At this hearing the CPSW and the Permanency Worker are required to appear and the court requires that the appropriate worker:
Testify
Provide written documentation as to the reasonable efforts that were made to prevent or eliminate the necessity of removal of the minor from his or her home or the reasons why no efforts reasonably could be made to prevent or eliminate the necessity of removal and
provide an affidavit/certification of their service of Notice to Parents and Children of Shelter Care Hearing or their diligent efforts to serve the notice.
· The evidence provided at the Temporary Custody Hearing can be hearsay, i.e., not direct testimony from the person who learned of the incident first hand.
After hearing the evidence the court determines:
· Whether there is probable cause to believe that the child is abused, neglected or dependent. If there is no probable cause the case is dismissed. If there is probable cause the court must address the issue of urgent and immediate necessity.
· Whether there is immediate and urgent necessity to place the child away from his/her parents pending a full Ad judicatory Hearing. After a finding of probable cause to believe the child is abused /neglected/dependent, if the court also finds urgent and immediate necessity exists to remove the minor from the custody of the parents, guardians, legal custodians/ or responsible relatives, the court may appoint the DCFS Guardianship Administrator or a private citizen. If the court finds there is no urgent and immediate necessity to remove the child, the court may return the child to the parents and may enter an order of protection pending an ad judicatory hearing.
· Whether reasonable efforts have been made to prevent placement away from the parent, guardian, legal custodian or responsible relative.
· Whether other orders are necessary in the best interest of the child.
· Whether, in the case of a hearing where all necessary parties were not present (ex parte hearing), the case must be reset for ten days for proper notice to the parties.
In some instances there may be an extended temporary custody hearing in which there is an informal meeting between the parties to address the issues and possible solutions.
FILING OF CASE PLAN
The Department of Children and Family Services or responsible agency is required to file a case plan with the court within forty-five (45) days of the Temporary Custody Hearing. This case plan should conform to the DCFS rules and procedures regarding case plans and include concurrent planning.
55 DAY COURT FAMILY CONFERENCE (Cook County)
The first comprehensive family service plan and the integrated assessment report must be filed with all the attorneys and the judge within forty-five days. The parties then review the plan together and attempt to address the issues pending before the court.
ADJUDICATORY HEARING
The Ad judicatory Hearing is the actual "trail phase" of the juvenile proceeding when the State must establish that the child was abused, neglected or dependent as alleged in the Petition for Adjudication of Wardship, and who caused the abuse, neglect or dependency. The adjudicatory hearing must be held within 90 days of service on all the parties (unless an earlier date is required), with one opportunity for a continuance not to exceed 30 days. The hearing may not extend beyond this time frame without consent of all parties and approval of the court.
The judge determines:
Whether the preponderance of the evidence establishes that the child is abused, neglected or dependent.
If so, the judge will specify, to the extent possible, the acts or omissions or both of each parent that form the basis of the court's findings. That finding shall appear in the order of the court.
If the court finds that the child has been abused, neglected or dependent, the judge will admonish the parents to cooperate with DCFS, comply with the comprehensive family service plan, and correct the conditions which require the child to be in care, or risk termination of parental rights.
If the petition seeks an expedited termination of parental rights, the judge will also hear evidence on the unfitness grounds alleged in the petition and will make a special finding, by clear and convincing evidence, whether the parent is an unfit person because one or more of the grounds exist as to that parent.
DISPOSTIONAL HEARING
The Dispositional Hearing is conducted within 30 days of the entry of the findings at adjudication with one opportunity for continuance not to exceed 30 days. The caseworker must file a written report. This report must include the family's social history, case history, service recommendations for the parents and child and whether DCFS should be made the child's guardian. The judge considers reports submitted by the caseworker and other service providers, hears evidence regarding efforts made to reunify the child and family, the services delivered or to be delivered under the family's service plan, placement alternatives (including return home), and the best interests of the child.
During the dispositional hearing:
The judge decides whether to make the child a ward of the court.
When guardianship of the child is awarded to DCFS, the judge shall order the parents to cooperate with DCFS, comply with the service plan, and correct the conditions which require the child to be in care, or risk termination of parental rights.
When the child is restored to the custody of the parents, the judge shall order the parents to cooperate with DCFS and comply with the terms of an aftercare plan or risk the loss of custody of the child and possible termination of parental rights.
The custody of the child shall not be restored to any parent whose acts or omissions or both have been identified as forming the basis for the court's finding of abuse, neglect or dependency until a hearing is held on the best interests of the child and the fitness of the parents to care for the child without endangering the child's health or safety, and the court enters an order that the parents are fit to care for the child. Status dates are held periodically, depending upon the county. Initially this date may be set for the parent's response to the original petition or address other issues pending before the court. The DCFS caseworker reports to the court in writing on the progress of the parents and the well-being of the child at each date unless otherwise excused by the court.
FIRST PERMANENCY HEARING
A judge conducts the first Permanency Hearing; a judge or hearing officer may hear subsequent permanency hearings. The first permanency hearing must be held within 12 months of the date temporary custody was taken (unless the parental rights of both parents have been terminated at the dispositional hearing, or the court has granted a motion for early termination of reasonable efforts, either of which will trigger an earlier date for the first permanency hearing). Subsequent permanency hearings must be held every 6 months thereafter or more frequently if necessary. Once the comprehensive family service plan and permanency goal have been achieved, if the child remains in care, the case shall be reviewed at least every 6 months thereafter unless the child is placed in a stable, private guardianship and the judge determines that further monitoring is not necessary.
The time frames for permanency hearings are mandatory; permanency hearings may not be delayed in anticipation of a report from any source or due to an agency's failure to timely file its written report (not the comprehensive family service plan).
The agency is required to file the most recent comprehensive family service plan prepared within the prior 6 months at least 14 days in advance of the hearing date. At the permanency hearing, the judge reviews the comprehensive family service plan and reports submitted by the caseworker and service providers, hears evidence regarding efforts made to reunify the child and family, the services delivered or to be delivered under the comprehenive family service plan, placement alternatives (including return home), and the best interests of the child. The worker's report must detail what progress or lack of progress the parent has made in correcting the conditions requiring the child to be in care, whether the child can be returned home without jeopardizing the child's health, safety and welfare, and, if not, what permanency goal is recommended to be in the best interests of the child, and why the other permanency goals are not appropriate.
The worker must appear and testify at the hearing. At the permanency hearing, the court shall determine the future status of the child. The court shall set one of the following permanency goals:
A) The minor will be returned home by a specific date within five months;
B) The minor will be in short term care with a continued goal to return home within a period not to exceed one year, where the progress of the parent or parents is substantial given particular consideration to the age and individual needs of the minor.
C) The minor will be in short-term care with a continued goal to return home pending a status hearing. When the court finds that a parent has not made reasonable efforts or reasonable progress to date, the court shall identify what actions the parent and the Department must take in order to justify a finding of reasonable efforts or reasonable progress and shall set a status hearing to be held not earlier than 9 months from the date of adjudication nor later than 11 months from the date of adjudication during which the parent's progress will again be reviewed.
D) The minor will be in substitute care pending court determination on termination of parental rights;
E) Adoption, provided that parental rights have been terminated or relinquished;
F) The guardianship of the minor will be transferred to an individual or couple on a permanent basis provided that goals (A) through (D) have been ruled out;
G) The minor who is at least 16 will be in substitute care pending independence
The minor will be in substitute care because he or she cannot be provided for in a home environment due to developmental disabilities or mental illness or because he or she is a danger to self or others, provided that goals (A) through (D) have been ruled out.
The court shall be a permanency goal that is in the best interest of the child. The Court's determination shall include the following factors:
· Age of the child
· Options available for permanency
· Current placement of the child and the intent of the family regarding adoption
· Emotional, physical and mental status or condition of the child
· Types of services previously offered and whether or not the services were successful and, if not successfully, the reasons the services failed
· Availability of services currently needed and whether the services exist
· Status of siblings of the minor
In a written order, the judge explains the goal selection and why preceding goals were ruled out.
When the judge selects a permanency goal other than (A), (B), or (C), DCFS shall not provide further reunification services, but shall provide services consistent with the goal selected. The court shall consider
If the court determines that the services in the plan will not facilitate achievement of the permanency goal, the court shall make written findings to this effect and may order DCFS to develop and implement a new comprehensive family service plan or to implement changes to the current service plan consistent with the court's findings.
The new comprehensive family service plan shall be filed with the court within 45 days of the date of the order. Unless otherwise specifically authorized by law, the court is not empowered, in a permanency hearing, to order specific placements, specific services, or specific service providers to be included in the plan. Following the permanency hearing the court shall enter a written order that sets forth
1. The future status of the child, including the permanency goal, and any order necessary to confirm the child's legal custody and status to such determination; or
2. If the permanency goal cannot be achieved immediately, the specific reasons for continuing the child in the care of DCFS for short-term placement. In the order, the court will also note whether the services required by the court, and the comprehensive family service plan within the prior 6 months have been provided, and if so their results (and if not, why not); whether the child's placement is necessary and appropriate to the plan and goal; and if the child is placed out-of-state, whether such placement continues to be appropriate and consistent with the health, safety and best interest of the child.
When the court restores custody of a child to the parent, the court shall order the parent to cooperate with DCFS and comply with the terms of an aftercare plan developed for the child, or risk the loss of custody or possible termination of parental rights. As part of the after-care plan, the court may enter an order of protective supervision, which may require that the parent take the child for a physical examination by a licensed physician at periodic intervals.
The custody of the child shall not be restored to any parent whose acts or omissions or both have been identified as forming the basis for the court's finding of abuse, neglect or dependency until a hearing is held on the best interests of the child and the fitness of the parents to care for the child without endangering the child's health or safety, and the court enters an order that the parents are fit to care for the child.
When return home is not selected as the permanency goal, the State may file motion to terminate parental rights of any parent who failed to make reasonable efforts to correct the conditions which led to the removal of the child or reasonable progress toward the return of the child or for whom any other unfitness ground for terminating parental rights exists. Alternatively, DCFS, the child, or a current foster parent or relative caregiver seeking private guardianship may file a motion for private guardianship.
The Department's Quality Improvement (QI) process is a strategy to improve the manner in which staff at all levels and divisions perform and deliver services to the Department's consumers. It begins with the Department's mission and values, and desired outcomes and is closely linked to clinical practice expectations.
Everyone has a role in implementing quality services and has something significant to contribute to this effort. A successful QI program includes the feedback from all levels of department staff, foster parents, stakeholders and consumers in the process analyzing Department performance and identifying actions to enhance performance.
Each region has a Regional Quality Council (RQC), which serves as an advisory group to Regional Administration on quality management and quality improvements in the region. The RQC meets at least quarterly and is comprised of representatives from local team/site quality councils, administrative staff from divisions within the region, such as Business, Clinical, and Licensing and foster parent representatives. The RQC sets priorities based on aggregate data and the results of the Peer Review process, and provides feedback and support to the local team/site councils and the State-Wide Quality Council.
The local team (or field office) QI council includes the team's direct service and support staff, with the supervisor participating as an equal partner. A coordinating QI group can function within a large multi-team office and is comprised of representatives from all local QI teams in the office. The site QI council's charge is to review performance of all teams in the site and to coordinate QI action for the office.
Appointment to a QI council is time limited to allow for full participation and to encourage broad staff ownership of the quality of services.
QI councils review four types of information:
Results of findings from these items may lead to the development of a written plan to document the who, what, where and how of addressing the problem noted. The RQC is responsible for overseeing Action Plans from local teams, monitoring their implementation and assessing the efficacy of their outcome.
The Department has implemented a peer review process that offers an opportunity to identify program strengths and deficiencies, and to make the necessary enhancements to those programs or services when they fall below practice standards or agreed upon benchmarks.
Peer review is an on-going process of internal review of randomly selected open cases for the quality of client assessments, case or service planning, services provided or obtained, outcomes and aftercare planning. It is separate from regular client case record reviews conducted by the assigned worker and supervisor and should focus on high volume and/or high-risk activities or services. The peer review must be planned and carried out on a quarterly basis and must focus on the quality of the services. The results of the peer review are shared with the direct services supervisor, manager and Regional Quality Council (RQC).
2.4.1 Administrative Case Review | 2.4.2 The Juvenile Court Process | 2.4.3 Quality Improvement Process
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