2.2 Definition and Principles of Permanency Planning

The Illinois Department of Children and Family Services has identified safety, permanency and well being as the cornerstones and primary desired outcomes of effective child welfare program in Illinois. All interventions and services provided to children and their families should focus on accomplishing these three outcomes.

Improving practice to better focus on permanency requires the uniform implementation of permanency principles and practices across all DCFS divisions and by all DCFS staff - intake, investigation and follow-up. Good permanency practice begins with the first contact made with a family and lasts throughout the life of the case.

Providing "permanency" means providing a lifetime commitment to a child in a setting where he or she is safe, can have a sense of belonging and well being, and can live to adulthood. Good permanency planning addresses and ensures a strong and stable foundation for meeting the child's physical, emotional and developmental needs throughout his or her life - well beyond agency involvement. Good permanency planning also involves providing adolescents with independent living skills so they are prepared to go into the community as productive adults.

2.2.1 Concurrent Planning

Concurrent planning is the process that has been identified by the Illinois Department of Children and Family Services as the means for achieving timely permanency for all children. Concurrent planning requires child welfare staff to actively work toward one permanency plan while simultaneously preparing for or taking steps toward an alternative permanency plan.

Typically a child welfare agency will work with a family for one to three years providing services to keep the family intact or reunifying the family before moving to "permanency planning"-i.e., changing the permanency goal and developing an alternative plan to achieve permanency. Research has shown that this kind of sequential planning for children in substitute care results in children remaining in "temporary care" for much of their childhood, undergoing multiple foster care moves and severely impacting their ability to form normal attachments (Fanshel 1982, Ratterman 1991, Benbenishty 1991; cited in Katz, Spoonemore and Robinson 1994).

Concurrent planning was developed-and will be used in Illinois-as an alternative to sequential planning for intact and placement cases. Concurrent planning is a philosophy and a process involving open and honest communication, goal-setting and strict time limits. It requires that the child welfare agency provide intact or reunification services while at the same time identifying an alternative plan that will be implemented if remaining intact or reunification is not achievable. Concurrent planning redefines successful permanency planning: permanency, whether through remaining intact, reunification, adoption or guardianship, is considered the successful outcome.

Parental behavior determines which permanency outcome will result. In substitute care cases, if parents engage in frequent and consistent visitation with their children, participate fully in services and make reasonable and meaningful progress, their children will be returned to them. If they do not, the alternative permanency plan will be implemented. Children must be placed in a home that will meet their needs within 120 days of case opening so that, if the alternative permanency plan must be implemented, a potential adoptive home will already have been identified. In intact family cases, if the parents make reasonable progress in their comprehensive family service plan, are able to control the safety concerns and reduce the identified risk factors, then the family will remain intact. However, if the child's safety continues to be in jeopardy or serious risk issues continue to exist, the alternative permanency plan will be implemented.

Parental ambivalence is addressed directly through concurrent planning. Rather than allow the parent's indecision to paralyze decision-making, the concurrent planning process, by focusing on the parent's actual behavior rather than promises or intentions, allows the case to move forward if reasonable progress has not been made by a specified time. The concurrent planning process provides structure and support to the parent while keeping at the forefront the child's urgent need for belonging and security.

Department policy has established concurrent planning as the framework around which all case planning will occur. It is therefore very important that the principles of intervention for permanency (see Section 2.2.2) be followed at the first family meeting and at all subsequent contacts with the family whenever progress is being discussed.

Illinois child welfare practice has identified the following as key components of concurrent planning: immediate engagement and full participation of the family, timely and comprehensive assessment, full disclosure, the Child and Family Team, the family meeting, and the development of written preferred and alternative permanency plans. These components will be interwoven throughout this Best Practice Guide.

2.2.2 Principles of Intervention for Permanency

All permanency efforts should be founded on the following principles:

· Decision-making based on the child's sense of time and urgency: For many children, decisions made on the very day they come into contact with DCFS can forever change the quality of their life experiences for good or ill. Permanency decisions must be based on the child's sense of time and his or her urgent need for a stable, caring and permanent family. All children need stability in order to accomplish the key developmental tasks that are critical to a long-term sense of self-worth and emotional security. Time limits are clearly designated by law with these concepts in mind. While such timeframes may be used as a motivator for the family in resolving issues that brought the child into care, time limitations also serve as a constant reminder to DCFS and the courts to guard against the pitfalls of organizational lethargy.

The ability to quickly shift the permanency plan to meet the needs of the child as soon as it becomes apparent that the permanency goal is not appropriate or achievable within firm and reasonable timeframe is also essential.

· Respect for the family and valuing family connectedness regardless of the outcome of the case: It is critical to maintain as much continuity as possible for the child with his/her parents, siblings and extended family. Caseworkers need to be diligent in helping families think about resources that are available to them to serve as a support network and also as potential placement resource for their child if that should become necessary. Non-custodial parents (legal and putative) must be notified, their interest in the child determined, and their ability to provide for their child assessed so that planning occurs as quickly as possible. In addition, permanent kinship care, through adoption and guardianship arrangements, is increasingly being used as a permanency option.

The birth family should be provided opportunities to continue in a parental role while their child is in substitute care as long as the child's safety and well being are maintained. The range of opportunities may include involvement in health care, well child and acute treatment, school meetings, recreational activities, athletic events, social events, shopping (including the budgeting for expenditures for clothing or personal items) and participation in parent-child learning programs which enhance skills through direct interaction with the child.

As with visitation, continued parental involvement serves to reassure the child, provide assessment opportunities, support the parent child relationship, build skills and provide documentation to support the permanency decision.

It is also critical to maintain as much continuity as possible for the child with his/her siblings and extended family. Frequently, the child's relationship with his or her siblings is the most important relationship in the child's life. Every effort should be made to place siblings together. Community based relationships and opportunities are extremely important, especially for the older child and adolescent.

· Ongoing, thorough and complete assessments of the child and family: The caseworker must identify the central problem that brought the child into substitute care (distinct from the any other problems that may exist within the family) and decide which factor(s) must change in order for the child to be safe. The assessment clearly determines the focus of intervention with the family. On an ongoing basis, assessment provides opportunities to develop an accurate prognosis of the family's ability to complete required tasks in the time available. Thus, continuous assessment is critical to decision-making throughout the life of a case.

A thorough assessment of the child will result in a determination of the best possible placement to meet the child's needs. This process will eliminate multiple moves for the child, and should an alternative plan be pursued, a permanent placement will already have been identified.

· Full disclosure: Parents should know all of their alternatives and understand their rights and responsibilities from the beginning to conclusion of the Department's involvement. Full disclosure involves open, honest and complete two-way communication between parents and the caseworker. Full disclosure poses a significant challenge for caseworkers as they will need to insure that parents understand how Departmental policy and the law apply to their family's situation without alienating any members of the family or creating an adversarial environment. Parents' right to appeal services and decisions should be reviewed with them when decisions are made or changed. The parent, the foster parent or caregiver and the court must have clear, candid information about case prognosis and progress.

Through such communication, parents begin to understand that it is their behavior, not their words, which determine the direction of the case and make the difference for their child. The child's need for stability and permanency is brought into focus as being of primary importance. All messages from the worker, supervisor, Child and Family Team, ACR, court, etc. should be consistent.

This principle is absolutely fundamental to concurrent planning and the endeavor to obtain permanency for children. Parents must be made acutely aware that they must demonstrate timely progress on resolving problems causing the child's maltreatment and that without such a demonstration of progress, an alternative permanency plan will be pursued. As age appropriate, discussions should also occur with the child for whom permanency is being planned.

· Family involvement in frequent reviews: The family meeting is a tool intended to engage the family in the planning process. Meetings which include the parents, child (when age appropriate), foster parents or other caregivers, caseworker (and supervisor as appropriate), service providers and any others who may be identified by the family are one way in which families can actively participate in information gathering and interpretation, evaluation of progress and discussions which may lead to critical case decisions. More than just a team member, however, the family is a partner with the child welfare professionals in planning. Successful shared planning requires the full involvement of the birth parents and substitute caregivers as active team members supporting and working toward the permanency plan for the child. Frequent meetings, coupled with full disclosure, are powerful tools for change.

· Intensive involvement of the caseworker as change agent: For a permanency plan to be achieved, a caseworker must influence a family's impetus toward change. However, families are now being asked to demonstrate progress more quickly than ever before or an alternative permanency plan will be enacted. To achieve change in an effective and timely manner, the caseworker must work actively with the family and the Child and Family Team. An important role of the caseworker on the team is to help the team negotiate with the family around change. As change agent, the caseworker needs to influence the family's decision-making, behavior and environment.

· Empowerment to make decisions with the family: The caseworker and supervisor are empowered to make decisions related to the case and permanency planning based on the information received through the assessment process, observation of family visits, frequent involvement with the Child and Family Team and direct supervisory conferences.

· Foster parents as support for permanency: For children in substitute care, foster parents and relative caregivers can serve as an invaluable permanency resource when fully involved in the planning process. Increasingly, foster parents and relative caregivers are being asked to assume a role greater than that of substitute caregiver. With parental consent and when there is no threat of violence, foster parents and relative caregivers may be active members of the Child and Family Team. They may engage in shared parenting activities with birth parents - helping parents understand a child's needs and how to successfully meet the stressful demands of parenting. In the event that it is decided that a child will not return home, adoption by a child's foster parents or relative caregivers may be an appropriate permanency option, especially if advance work has been done with the caregiving family through concurrent planning.

· Family behavior impacts safety decisions: The behavior of the parents is the ultimate determinant of the permanency outcome. The parents must be fully informed and explicitly empowered to make choices by their own actions. The case outcome depends on the behavioral changes parents make to safely parent their child. The identified need for change (of conditions, behaviors or parental abilities) is always tethered to the health, safety and well-being needs of the child related to the maltreatment.

In order to facilitate the necessary behavioral change on the part of the parents, the Department must ensure that timely, effective, and culturally competent services are provided and time limits are met. Frequent and regular visitation, active engagement in the comprehensive family service plan, demonstration of reasonable and meaningful progress are all actions that will facilitate reunification. If these actions do not occur, an alternative permanency plan, already identified through the use of concurrent planning, will be implemented.

· Reasonable efforts and reasonable progress: The concepts of reasonable efforts on the part of child welfare staff and reasonable progress by parents have long been taken into consideration when courts have made permanency decisions. However, a heightened emphasis on permanency brings with it an increased focus on both. In light of the serious consequences families face for lack of progress, child welfare staff must ensure that the right kind of services are available immediately to address the child's maltreatment - there is no time for delay. Services must be appropriate, accessible, well-coordinated and of high quality. Ensuring that reasonable efforts have occurred to maintain or reunify a family is not just the Department's responsibility under the law but is also our ethical responsibility as child welfare practitioners. Failure to provide such family preservation or reunification efforts is only allowed in egregious cases when it is inappropriate to consider reunification of the family.

The Department and the court will be looking immediately for signs of progress on the part of the parents. If at any time it does not appear that the family is willing or able to achieve the primary permanency goal, alternative permanency options will be pursued.

· One worker per family: Multiple workers and case transfers cause unnecessary delays in attainment of permanency. The Department's work with families must be streamlined and coordinated . Maintaining the same worker, as much as possible, throughout the life of a case provides critical continuity for families.

· Responsiveness to diversity: In this increasingly diverse society, clients and families are often of different ethnic or cultural backgrounds. This diversity poses unique challenges for the workers as well as for the families. To ensure optimum effectiveness, workers must be culturally educated, remain culturally sensitive, use interpreters when necessary, and find ways to enhance the child's sense of connectedness to his/her specific culture. Families must be responsible for assisting the worker to understand the uniqueness of the family's culture.

2.2.3 Assessment

A thorough assessment is key to achieving permanency through concurrent planning. The SCR call floor worker initiates the assessment when the report is taken. The child protection services worker continues the assessment by conducting an investigation and completing the CERAP and Risk Assessment Protocol. The assessment continues with the permanency worker who, within the first forty- five days of case opening, gathers information related to risk and safety, identifies the underlying conditions that led to the incident of maltreatment, determines family strengths and needs, and forms an initial clinical impression of the parent's willingness and ability to correct these conditions. By the 45^th day, in consultation with the Child and Family Team at the first family meeting, the preferred permanency goal and a planned achievement date is identified. In addition, the alternative goal and/or plan are developed. A comprehensive assessment is completed by the 45^th day and any new information learned within the first quarter is added by the 90^th day. By the end of the first quarter, the parent should be invested in services towards controlling the safety factors and reducing the risk factors. By the 120^th day in placement cases, the child must be placed in a home that most meets his/her permanency needs. The means to determine the permanency direction is through assessment. The assessment will inform decisions related to goal selection, placement selection and service needs.

2.2.4 DILIGENT SEARCH

Diligent searches are necessary for many reasons. Finding missing parents early in the case to ascertain parents' intentions regarding their children, and searching for relatives to find the best possible placement for the child will lead to a quick and permanent solution for each child's care. Finding missing parent and relatives will facilitate the placement of siblings together. On addition, a caseworker must testify at the ad judicatory hearing about the diligent search conducted for a missing parent.

Diligent searches are necessary before the parental rights of a missing parent can be terminated. When diligent searches have not been done, adoptions are delayed. The Juvenile Court will not accept searches completed more than 12 months prior to the court hearing. Therefore, in cases where a parent is missing, searches for that parent must be repeated every 12 months to ensure a valid search for court. Some judges require a more recent search before terminating parental rights. Diligent searches may be necessary or helpful to find relatives for intact families to help care for children while parents go to drug treatment.

For all of the above reasons it is important that diligent searches be conducted at the beginning of a case. (Exact quote Diligent Search DRAFT Procedure first page)

2.2.5 Child and Family Team

Participants on the Child and Family Team include the child's custodial parent(s), the child (where age appropriate), the caseworker, the supervisor and any other persons at the parent's request. (Except for the initial family meeting at 30 days, the supervisor's presence at family meetings is at his/her discretion.) In addition, at the supervisor's discretion and with the signed consent of the parent on the CFS 600-3, Consent for Release of Information, the following persons may be invited:

· appropriate extended family members including non-custodial parents(s) who are not interested in seeking custody,

· foster parents and relative caregivers (in placement cases),

· service providers.

If the non-custodial parent attends the family meeting, the supervisor must also attend.

In substitute care cases, unless there is reason to believe parents may become violent, foster parents should be invited to family meetings. Such factors as the parent(s)' arrest history, a history of domestic violence and court records shall be considered in the assessment of violence. This information may be shared with the foster parents to help them decide whether to attend the initial family meeting. In no event shall the address and telephone number of the foster parents be disclosed prior to the initial family meeting. When reunification is likely and the foster parent has agreed to mentor and coach the child's parent, there is no tendency toward violence on the part of the parent, and the supervisor agrees, the foster parent's address may be disclosed to the parent with the written consent of the foster parent on the CFS-600-3, Consent for Release of Information.

The purpose of the team is to participate in decision-making and planning with the family, and to be a support to the family. The Child and Family Team will remain active with the family throughout the life of the case. At the time the team is being developed, team stability should be kept in mind and discussed with the team members. A stable team composition is essential to the purpose of the team. Team members should therefore be asked to make a commitment to fully participate on the team and work with the family. The team will become one of the family's primary support systems as they move toward their permanency goal.

The child protection services worker (CPSW) during the investigation begins to develop the Child and Family Team with input from the family. The CPSW should engage the family and begin to identify team members. When the case is transferred to a permanency worker, the worker should have a good idea as to who those team members are. The permanency worker, within the first 45 days of case opening, confirms the team composition. If members have not been identified, the permanency worker must develop the team within the first 45 days. This means that as soon as the first in-person contact with the parents, the caseworker must begin to discuss the concept of the Child and Family Team and obtain input from the parent as to who he/she wants on the team. Because one of the primary functions of the team is to provide support to the parents, it is critical that the parents invite persons who are significant to them. The team should not be composed only of professionals. Natural supports such as neighbors, friends, extended family, etc. should be encouraged to be on the team. The worker and parents should contact potential team members to explain the purpose of the team and invite them to the first family meeting.

Members of the Child and Family Team are the participants in the family meeting (described in the next section). Through frequent family meetings, the Child and Family Team shares responsibility for planning and implementing the services necessary for the family, and serves in an advisory capacity with the worker and supervisor in making final decisions related to the case.

The Child and Family Team identifies and develops ways to resolve issues causing the child maltreatment and ensures the child's health, safety and well-being. The team uses the strengths and uniqueness of the family members to achieve the best possible outcome based on the best interest of the child. Creative interventions (such as may be offered through wraparound services) are encouraged. The Child and Family Team can also play an important role in helping the older child transition and provide the family support to help the child move on.

Team members also help the parents explore all permanency alternatives, including remaining at home, reunification, permanence with extended family members, agreement to surrender parental rights to a specified person, agreement to surrender parental rights voluntarily to the agency for the purpose of adoption, and, as necessary, involuntary termination of parental rights.

Releases must be obtained from the parents before any case-related information is shared with others. The worker should obtain releases prior to inviting people to the family meeting.

2.2.6 Family Meetings

Family meetings are key events in the planning and delivery of services and set the tone for casework with the family. The initial family meeting represents the first opportunity for the parents to participate in establishing the initial permanency goal and deciding the objectives and tasks needed to resolve the problems(s) that resulted in Department involvement. Moreover, the first meeting is the opportunity to discuss the parent's rights and responsibilities, the Department's responsibility to make reasonable efforts and the alternative permanency options should the parents fail to make reasonable progress toward the preferred permanency goal. The caseworker must be very clear with the family at this first family meeting in specifying the consequences of not making reasonable progress in their comprehensive family service plan. Those consequences include making an alternative permanency plan for the child.

The Child and Family Team conduct the initial meeting within 45 days after case opening. These meetings provide caseworkers a valuable tool to engage the family in the planning process.

The purpose of the initial family meeting is to:

· Honestly and openly discuss concurrent planning and the consequences of the parents' failure to make reasonable progress in their comprehensive family service plan

· Discuss the results of the assessment

· Share any pertinent information among all participants

· Select a preferred permanency goal and an alternative permanency goal and/or plan

· Discuss and prepare the comprehensive family service plan including the identification of what needs to occur to achieve permanency for the children and how their safety and well being can be met

· Advise the parents of their appeal rights and give them the "Service Appeal" brochure

Caseworkers should make intensive efforts to persuade, encourage and facilitate the participation of the parents in these meetings. Staff should make reasonable efforts when planning family meetings to be flexible and attempt, as much as possible, to schedule the meetings at a time and place where parents can attend. Preferably, meetings should be held in the parent's home. Caseworkers should consider parents' work schedules, transportation issues, availability of interpreters and any other barriers that might prevent the parents from participation. Caseworkers should prepare the family for the meeting by talking about what to expect, who will be there and the purpose of the meeting.

The supervisor and the worker set the stage for the family meeting. Success of the meeting is directly related to the worker's preparation for this meeting. Discussions with the supervisor regarding who should attend, what their level of participation should be and how the material discussed is to be communicated to the family is extremely important. During the family meeting it is crucial that the worker take the time to explain all key issues to the parents (and age appropriate children) in kind, sensitive and gentle language they can understand. Workers must fully disclose to parents the status of the case, the family's progress or lack of progress and the consequences of failing to make progress.

Family meetings may occur on a flexible schedule, but no less than on a quarterly basis (at least four times per year; approximately three months apart). In addition, a family meeting is required prior to return home and prior to case closure. A summary of the family meeting and a list of participants must be documented on a case note and filed in the record.

Protocol for Family Meetings

· Introduce the Child and Family Team members if there are members of the team present for the first time.

· Explain the purpose of the meeting. Prepare an agenda.

· Discuss groundrules for conducting the meetings, including an agreement from everyone on the team to maintain confidentiality. There should be agreement among members as to when and where meetings will be held.

· Invite parents to present their issues and concerns.

· Discuss the parent's perception of their progress. Reinforce progress that has been made and applaud the parent's efforts.

· Discuss reasonable efforts made by the Department.

· Discuss and assess parent's participation and progress in services or treatment using honest and open communication (full disclosure).

· Review provider reports, evaluations or assessments.

· Assess the effectiveness of the service providers. Discuss any barriers to service provision and how those barriers are to be addressed.

· Evaluate whether the parents are adequately and consistently addressing the behaviors and conditions that led to the child's removal and whether the parents are actively engaged in the change process.

· Discuss concurrent goals and/or plans if reasonable progress toward the preferred goal and plan has not been made.

· Discuss parental ambivalence, if present.

· Discuss positive parenting skills and needed improvements that were observed during visits.

· Discuss the child, his/her health, safety and needs; review of any evaluations or assessments related to the child. Establish realistic time frames for achieving tasks and goals related to the child.

· Review the comprehensive family service plan and discuss overall progress, including service or treatment recommendations.

· Assess whether the permanency goal and time frames for achieving the goal are appropriate.

· In both placement and intact cases, when a case review is upcoming, the current comprehensive family service plan should be evaluated and a draft of the new comprehensive family service plan (including realistic time frames for achievement of tasks and goals) should be brought to the table to discuss and refineDiscuss any other case-related issue not yet addressed.

· Summarize the information discussed at the meeting and divide tasks, if appropriate. Advise parents of any upcoming court dates, ACR dates and other signficant dates.

· If this is a family meeting prior to closing a case, see Chapter 5, Intact Families and Chapter 7, Reunification for specific requirements prior to termination of services and case closure.

2.2.7 Engagement

Engagement is at the core of what caseworkers do as agents of change. Caseworkers need to be aware of interactions with the children and their families and the power they wield. When in doubt, caseworkers should seek supervision and consultation. Successful engagement facilitates the assessment process, sets the stage for service delivery and can facilitate the achievement of the family's preferred permanency goal.

While engagement is a continuous process, it is critically important in the initial contacts with the family. Involuntary clients are particularly difficult to engage. The caseworker must learn to work with the client's anger, which is often quite strong in the investigation and early stages of intervention. Following are some techniques and actions that can facilitate engagement with angry clients.

Techniques for Engagement

· Be sensitive to the impact that Department involvement has on both the child and the parents by allowing the parent to express his/her anger and frustration.

· Accept and show respect for all family members by being sensitive to culture and understanding the functioning of the family system.

· Be sensitive to the family members' feelings and needs

· Identify family and individual family member strengths and articulate those strengths when communicating with them.

· Help family members express what they want and identify what they can offer to secure it.

· Work with the parents to identify the problems that led to Department intervention.

· Involve the parent and child in developing solutions to the problems that necessitated Department involvement so they can take ownership and responsibility for the resolution of the problems.

· Recognize the family is the expert on family issues - seek to reach an agreement on working together to resolve problems.

· Have frequent contact with the parent and child and return their calls quickly.

· Avoid jargon and coercive language.

· "Begin where the client is" by validating their feelings and needs.

· Provide concrete, tangible assistance such as transportation, housing or other assistance.

· Deliver on the commitments made to the family.

· Be aware of self and own feelings in working with the family.

The above points are specific actions that are geared directly to the interaction between the caseworker and client. Below are some additional general techniques that can help in the engagement process.

General Techniques of Engagement

· Listen attentively

· Use empathy in dealing with clients

· Ask questions for clarification and elaboration

· Communicate one's own understanding of the problem

· Use good attending behavior such as making eye contact with clients, good posture during the contact, complete attention to the client

· Be consistent, fair and, whenever possible, flexible

· Be honest (full disclosure within the bounds of confidentiality)

· Show genuine concern for the person, family and their situation

· Express appropriate warmth and thoughtfulness

2.2.8 Casework Practice

Casework is a complex set of skills, values, attitudes, and beliefs that are developed through experience, education, ongoing supervision and training. These skills are used to interact with clients, and to facilitate change through a number of casework tasks and roles. The roles a caseworker plays in any given case are based on the skills of the worker and the needs of the client (parent, child, caregiver), but can include client advocate, mediator, counselor, therapist, and case manager.

Casework requires establishing direct, face-to-face relationships with the client. The caseworker becomes an agent of change through these relationships, using the relationship with the client to "sustain the clients as they and the worker work on the problem." (Compton and Galaway, p. 280) In addition, exploring with the client the nature of the client-worker relationship can be a useful way to create client awareness. An effective relationship is the most important thread that runs through all client-related activity.

Because many families have multiple problems, the services needed to insure safety and well being and achieve permanency are varied. Often, no one practitioner or worker has the skill, training, or resources to provide every service a client needs. In these instances casework remains an essential service that is supplemented by case management activities. Case management involves the process in which one plans, seeks and monitors services from a variety of sources.

Direct involvement with the client includes assessing, planning and assisting, reinforcing and providing opportunities for demonstrating change in the presenting problems. Caseworkers should:

· Discuss with the client the client's feelings about their progress;

· Discuss ambivalence;

· Identify areas of observed improvement;

· Identify and secure necessary concrete services in a timely manner;

· Discuss areas of observed lack of improvement and the need for further improvement;

· Model techniques so that parents see and can learn skills;

· Be creative in attempts to influence positive change;

· Maintain a positive and supportive role with the family; and

· Be professional.

At the beginning of a case, the family is usually in crisis and is dependent on the caseworker to provide the necessary explanations, services and activities that will set the stage for the resolution of the problems that necessitated Department involvement. Early contacts set the tone and establish the foundation for what is to come. They provide caseworkers an opportunity to get to know the family and, conversely, for the family to get to know the worker. It is also a time when the caseworker must orient the family and children to the child welfare and Juvenile Court systems.

Caseworkers shall base the level of contact on the family's specific clinical needs. Through frequent and consistent contact the caseworker can be the agent of change for the family.

Elements of good casework include client engagement, thorough assessments, individualized service planning and efficient implementation of services through family meetings and visitation.

2.2.9 Working with the Non-Custodial Parent

Caseworkers should make every effort to involve the non-custodial parent in a child's life. Too often, these parents, despite their legal rights with regard to the child, are overlooked as a potential resource and support for the child, especially when their relationship with the custodial parent is strained or adversarial.

Traditionally in child welfare practice, efforts to engage a non-custodial parent do not begin until a child moves into substitute care and even then, such efforts involve an extensive assessment process and establishment of a service plan. This is especially true for intact cases in which the custodial parent may not wish for the other parent to be aware that the family has experienced problems. Nonetheless, non-custodial parents have a right and responsibility to work toward the best interest of their child. Failure to become involved may result in termination of their parental rights.

With this in mind, and provided that there are no court orders to the contrary, workers have an obligation to locate and notify both parents of a child who has become involved with the Department as soon after case opening as possible for both substitute care cases and intact family cases.

Some critics of this model may declare that early involvement of a non-custodial parent may undermine the worker's ability to engage the family and may, in fact, make the process feel even more adversarial. However, delaying resolution of issues involving the non-custodial parent never benefits the child. At some time during the life of the case, it always becomes necessary to distinguish what role, if any, the parent is going to have in the child's life. For example, the alternative plan may involve return home to the non-custodial parent. Aside from the legal rights of a non-custodial parent, it is far better to have these discussions early in the case rather than waiting until the child's life is made more complicated by the involvement of other caregivers such as relatives or foster parents. Caseworkers can be open with families about the need to involve the non-custodial parent while not diminishing the fact that the custodial parent may have legitimate concerns. This includes helping a child adjust to the involvement of a parent who has been absent or perceived negatively. These conversations, while requiring a worker to be highly skilled in the practice of full disclosure, can have a positive impact on the ability to establish permanency for a child within the family structure. In the event that the case moves to adoption, it is essential that information such as medical history and heritage be obtained from the non-custodial parent. In addition, it will be important to discuss voluntary relinquishment of parental rights with the non-custodial parent.

When the whereabouts of the non-custodial parent are unknown, a diligent search in accordance with the guidelines of Policy Guide 98.1(new policy will change this number) must be conducted. If the non-custodial parent is an alleged father, he should be encouraged to have paternity testing done or to acknowledge his paternity in court so that paternity can be established.

While it is not the Department's role to become involved in custody disputes between parents, immediately discerning each parent's legal rights and history of involvement with the child is very important. When it becomes necessary to remove a child from one parent's home for safety concerns either temporarily or for a more extended period of time, it is good practice to turn to the child's other parent as the first alternative living arrangement to consider.

When assessing the appropriateness of a child's placement with a non-custodial parent, the worker must remember that the non-custodial parent should not be held to higher standards than one would expect from the custodial parent. A caseworker's response to the following question should determine whether placement with the non-custodial parent should move forward: "If the child were currently living in this home, are there any safety or risk issues present that would require his/her removal or require the development of a safety plan?" To answer accurately, the caseworker must have completed the following actions:

· Conduct a background check using CANTS, LEADS, and the Statewide Child Sex Offender Registry on all adult members of the household and any children over age 13 residing in the home. A match does not automatically preclude a child from residing with the non-custodial parent. Workers should consult with their supervisor.

· Confirm paternity, if non-custodial parent

· Check for existing court orders (divorce, custody, visitation, etc.) If found, consult with regional legal counsel.

· Complete a CERAP (CFS 1440) and risk assessment.

· Document any evidence of indicators pointing to the possible presence of substance abuse, mental illness, domestic violence, developmental disability, and sex abuse.

· Notify the custodial parent of the plan to place with the non-custodial parent or relative and address any issues or concerns the custodial parent may express regarding the plan;

· If none of the above raises potential barriers, placement with the non-custodial parent can proceed.

· If safety or risk issues are evident, assess whether the issues can be resolved by making a referral to community services. If such a referral can be made without compromising the safety of the child, placement with the non-custodial parent can proceed.

If the placement with the non-custodial parent is expected to be long-term or permanent, the caseworker must: Assess the relative's or non-custodial parent's ability to provide permanency for the child including the nature and frequency of previous contact;

· Ensure that both parents participate in developing their comprehensive family service plans and are assessed on their progress toward accomplishing service plan goals;

· Determine the child's "best interest" by assessing factors such as the nature/history of the child's relationship to prospective caregiver, the child's feelings about the prospective caregiver and the caregiver's previous financial support of the child;

· Use other factors in determining "best interest" including the caregiver's proximity to the child's home community and sibling placements and relationships;

After placement with a non-custodial parent is achieved, and if no additional protective services are needed, it is not necessary for the Department to have long-term involvement with the family. The case should only remain open to allow for resolution of the custody issues through the court system.

However, in cases in which immediate placement with the non-custodial parent is not possible but he/she wishes to work toward custody of the child, the caseworker must develop a comprehensive family service plan with the parent. As with custodial parents, the service plan goals are directed toward resolution of the identified safety and risk issues. Appropriate visitation must also be arranged. Throughout the life of the case, the non-custodial parent has both the same opportunities and obligations as the custodial parent to resolve the issues that prevent the child's return.