POLICY

Changes to the Family Time Plan

Requesting Changes to Court-Ordered Family Time Restrictions

Updating the Case Plan

Arranging Family Time with Parents/Legal Guardians Prior to the Detention Hearing

Arranging Family Time with Parents/Legal Guardians During Family Reunification Services

Arranging Family Time with Parents/Legal Guardian During Permanent Placement Services

Arranging Family Time with Siblings

Arranging Family Time with Grandparents

Arranging Family Time with Dependent/NMD Parents in Foster Care with Non-Dependent Child(ren)

Supervised Family Time

Preparing Monitors for the Supervised Family Time

Preparing Visitors for the Supervised Family Time

Referenced Policy Guides

Statutes

Version Summary

This policy guide was updated from the 07/01/14 version to create a more more comprehensive family time guide. In addition, the name of the of this policy has been changed from Family Visitation to Family Time, as the Department of Children and Family Services' views of the time children and families spend together has shifted. Family time promotes safe reunification and maintains parent-child connections, supporting families in practicing effective parenting techniques and responsibilities. Referring to family time as visitation suggests an arranged time of parties sharing the same space and does not encompass the true objective of having families bond through meaningful time together in the most natural environment possible.

POLICY

Family Time

Family time, is an essential component to child welfare services and helps maintain and improve the parent-child attachment, reduce a child’s sense of abandonment, and preserves relationships with siblings and others who have a significant role in the child’s life. Consistent family time is often linked to positive outcomes, including improved child well-being, less time in out-of-home care, and faster reunification. CSWs should explain the family time process and discuss how they will work with the family to schedule family time in accordance with the court orders. Including the parent/guardian in family time planning can also provide the opportunity to address possible trauma triggers and barriers to family time. This helps the family have their voice included in planning for day/time/location of the visits and activities they would like to engage in during family time, including continued involvement with any extra-curricular activities the child may participate in.

CSWs should provide materials that explain the importance of family time with their child and how critical it is, in most cases, to maintain regular contact and continue to build the parent/child relationship. It is also important for the CSW, when appropriate, to encourage the parent/guardian to communicate with the child’s caregiver regularly regarding resources and to address any questions or concerns. In situations where the family time is required to be supervised or monitored, the parent/guardian may be defensive or oppositional. Social workers can help by discussing with the parent/guardian that any time with the child is valuable to meeting the child’s needs, no matter the duration or the setting and by being receptive to any concerns, issues, or suggestions raised by the parent/guardian or child. Supervised family time can be uncomfortable and awkward. This is where engagement and trust can exponentially help the CSW continue to build a positive relationship with the parents/guardians and children, which allows for timely permanency outcomes to more likely be achieved.

Purpose and Goals

Family time between children in out-of-home care, their parents and other family members is essential for achieving the outcomes of safety, permanency and well-being.

The success of family time is based on:

The best interests of each child;

The on-going development of Family Time Plans (FTPs);

Maintaining, strengthening and re-building healthy family and community connections;

Resolving identified safety threats and reducing risk by strengthening caregiver behaviors and network support;

Family time planning for children and parents is an ongoing process that is divided into the following phases:

Initial Phase: Focuses on maintaining ties between the parent and child, assessing the parent's capacity to care for the child, and goal planning. Typically, the phase last form 4 to 8 weeks, but it varies from family to family. Family time should be arranged to occur as frequently as possible and in as natural a setting as possible, imposing only conditions that are necessary to protect the child's well-being.

Intermediate Phase: During this phase, the parent is working to meet their goals and family time activities allow the parent to learn and practice new skills and behaviors while continuing to build on the parent/child relationship. Family time is generally increased during this phase, occurring more frequently and for longer periods. The settings are also expanded and there is a gradual reduction in supervision, if visits were supervised.

Transition Phase: Focuses on smoothing the transition from foster care back to the home and determining what support and services are needed to address the child's needs and the parent's ability to meet those needs following reunification.

Family time should be discussed during every case conference between the CSW and SCSW to regularly assess the quality and to determine if changes are appropriate, such as, liberalization. Barriers to liberalizing family time should also be addressed and action plans to remove those barriers should be identified. If necessary, a Child and Family Team Meeting (CFTM) should be convened to discuss obstacles to family time or it liberalization.

Developmental Stages and Family Time Guidelines

CSWs need to assess each family individually when considering the frequency of visits. The following guidelines were obtained from the Los Angeles County Juvenile Dependency Court Protocol for Developing Family Visitation Plans, and they are only reference points, as each child/family’s needs are different.

0 - 6 Months Old

Daily family time is optimal. Family time should take place at least three times a week for 30-60 minutes and as often as can be arranged. During this developmental period, the focus should be on short, frequent family time sessions.

6 - 12 Months Old

Family time should take place at least three times a week for one hour and as often as can be arranged. Children in this developmental period begin to attach to caregivers. Therefore, frequent and regular family time should be scheduled in order to verify the parent as the child's primary caregiver.

1 - 4 Years Old

Family time should take place at least twice a week for 1 1/2 hours and as often as can be arranged. Separation during this timeframe can create developmental problems for the child. Potential separation anxiety necessitates frequent and regular family time for a longer duration to affirm the parent’s role as primary caregiver. All desires from verbal children should be solicited and considered.

5 - 12 Years Old

Family time should take place at least once a week for two or more hours and as often as can be arranged. Once the child starts school, the family plan should be expanded so that the parent can attend school/community-based activities as well.

13 - 15 Years Old

Family time should take place at least once a week for two or more hours and as often as can be arranged. The team must take into consideration the child’s desires.

15 - 18 Years Old

No recommendation regarding the specific frequency/duration of have family time. Child’s desires should be strongly considered in creating the FTP.

Telephonic, texting and/or virtual contact should be encouraged in addition to regularly scheduled family time for all age groups.

Supervised Family Time

Supervised family time is any contact between a child who is under the supervision of DCFS and a family member with a DCFS-approved or Court-ordered Monitor present.

Where supervised family time is required, the FTP must include:

Arrangements for the supervision;

The name and contact information of the Monitor;

A description of the qualifications of the approved Monitor;

How the Monitor’s qualifications are linked to the family time objectives;

Any negotiated and/or required family time conditions that have been established;

Any agreed upon "do's and don’ts" (including issues around food, candy, gifts).

There are four types of supervised family time:

Observed Family Time - Requires a Monitor to “drop-in” throughout the family time or briefly supervise at the beginning or end of the family time, but not at all times.

This family time provides a gradual means of decreasing the level of supervision, from supervised to unsupervised.

Supervised Transfer – Requires a Monitor to facilitate the transfer of a child from a custodial parent/caregiver to the family member and visa versa.

This is often required when there is a likelihood of conflict between the custodial parent/caregiver and the family member.

Supervised Family Time – Requires a Monitor to be within sight and audible hearing range of the child at all times, at any reasonable location.

Some reasons to requiring supervision during family time include: to protect the child from harm, manage child safety, potential for violence or abduction, or when the child does not feel safe being alone with the visiting party. These reasons will vary because they are specific to the family or child's needs.

Locations could include a park, a mall, a relative’s home, a playground, a restaurant, DCFS office, etc.

Therapeutic Family Time - Requires the family time to be facilitated by a mental health professional.

This is appropriate when the child-parent relationship has been fractured to the point that a mental health based intervention is needed to address the child’s mental health needs within the context of the family.

The focus of this family time is to improve family functioning, promoting positive parenting skills and attunement.

Monitor’s Qualifications

While the court makes the final decision as to the manner in which supervision is provided and any terms or conditions, the court may consider recommendations by the CSW, the child’s attorney, the parents/legal guardians and their attorneys, CASA, evaluators, therapists, and providers of supervised family time.

A Monitor may be any of the following:

A CSW, SCSW, ARA or any staff whose job description includes provision of family time supervision, e.g. and has, if the court specifies DCFS is to supervise.

Volunteer Monitor: Any person who is not paid for providing supervised visitation services including:

Family friend or relative agreed to by all parties, with whom the child is comfortable and who has been cleared through a criminal background check (includes Live Scan, CACI, CLETS, CWS/CMS and WCMIS);

Volunteer through a local Family Time/Visitation Center;

Resource Parent;

FFA Social Worker

Professional Monitor: Any person paid for providing supervised family time services, an independent contractor (e.g., arranged and paid for by the family), or professional supervision agency.

Therapeutic Monitor: A licensed mental health professional paid for providing supervised visitation services, including, but not limited to a psychologist, a clinical social worker, a marriage and family therapist, or an intern working under direct supervision. A judicial officer may order Therapeutic Monitor for cases requiring a clinical setting.

If the court specifies therapeutic family time, the Therapeutic Monitor may be the child’s therapist or, if the child’s therapist approves, the parent’s therapist.

Most Professional or Therapeutic Monitors offer a sliding scale fee and the visiting party is responsible for the cost, if there is one.

The following should be considered when determining whether someone is qualified to become a monitor and the manner in which supervision is provided:

Whether or not the person is unbiased and able to maintain neutrality by refusing to discuss the merits of the case, or agree with or support one party over another;

Whether the person is able to monitor every (or most) visits;

Whether the person is willing to assist the parent in preparing for the next family time session (e.g., time, location, restrictions in FVP, items to bring, etc.);

The availability of local resources, the financial situation of the parties, and the degree of risk in each case.

However, DCFS must ensure that the Monitor meets the following Minimum Qualifications:

MINIMUM QUALIFICATIONS
	Volunteer	Professional	Therapeutic
Be 21 years of age or older.	ü	ü	ü
Have no conviction for driving under the influence (DUI) within the last 5 years.	ü	ü	ü
Not have been on probation or parole for the last 10 years.	ü	ü	ü
Have no record of a conviction for child molestation, child abuse, or other crimes against a person.	ü	ü	ü
Have proof of automobile insurance if transporting the child.	ü	ü	ü
Have no civil, criminal, or juvenile restraining orders within the last 10 years.	ü	ü	ü
Have no current or past court order in which the Monitor is the person being supervised.	ü	ü	ü
Not be financially dependent on the person being supervised.	ü	N/A	N/A
Have no conflict of interest.	ü	ü	ü
Agree to adhere to and enforce the court order regarding supervised family time.	ü	ü	ü
Be able to speak the language of the party being supervised and of the child, or the Monitor must provide a neutral interpreter over the age of 18 who is able to do so.	ü	ü	ü

Qualified Professional and Therapeutic Monitors should have training that includes the following:

The role of a Professional and Therapeutic Monitor;

Child abuse reporting laws;

Record-keeping procedures;

Screening, supervision, and termination of family time;

Developmental needs of children;

Legal responsibilities and obligations of a provider;

Cultural sensitivity;

Conflicts of interest;

Confidentiality;

Issues relating to substance abuse, child abuse, sexual abuse, and domestic violence.

Safety and Security During Supervised Family Time

DCFS staff must ensure monitors are aware of the following:

All Monitors make every reasonable effort to assure the safety and welfare of the child and adults during the family time;

Supervised Family Time/Visitation centers establish a written protocol with the assistance of the local law enforcement agency that describes the emergency assistance and responses that can be expected from the local law enforcement agency;

Professional and Therapeutic Monitors:

Establish and state in writing minimum security procedures, and inform the parties of these procedures before the commencement of supervised family time.

Conduct comprehensive intake and screening to assess the nature and degree of risk for each case.

The procedures for intake should include separate interviews with the parties before the first family time.

During the interview, the Monitor should obtain identifying information and explain the reasons for temporary suspension or termination of family time.

If the child is of sufficient age and capacity, the Monitor should include the child in part of the intake or orientation process.

Any discussion should be presented to the child in a manner appropriate to the child's developmental stage.

Obtain during the intake process:

Copies of any relevant protective order.

Current court orders.

Any Judicial Council form relating to supervised family time orders.

A report of any written records of allegations of domestic violence or abuse.

An account of the child's health needs if the child has a chronic health condition.

Establish written procedures that must be followed in the event a child is abducted during supervised family time;

Suspend or terminate supervised family timeif the Monitor determines that the risk factors present are placing in jeopardy the safety and welfare of the child or Monitor as enumerated in DCFS 5120.

Conflict of Interest

Any discussion between a Monitor and the parties should be for the purposes of arranging family time and providing for the safety of the child(ren). An assessment should be conducted if the monitor is interested in keeping the custody of the child in order to determine if this may interfere with reunification efforts and pose a conflict of interest. In order to avoid a conflict of interest, the Monitor should NOT be:

Financially dependent on the person being supervised;

An employee of the person being supervised;

An employee of or affiliated with any superior court in the county in which the supervision is ordered, unless specified in the employment contract;

In an intimate relationship with the person being supervised.

Maintenance and Disclosure of Records

Professional and Therapeutic Monitors should keep a record for each case, including the following:

Written records of each contact and family time, including the date, time, and duration of the contact or visit

Who attended the family time

A summary of activities during the family time

Actions taken by the Monitor, including any interruptions, terminations of family time, and reasons for these actions

An account of critical incidents, including physical or verbal altercations, and threats

Violations of protective or court family time orders

Any failure to comply with the terms and conditions of the family time

Any incidence of abuse as required by law

Case documentation should be limited to facts, observations, and direct statements made by the parties, not personal conclusions, suggestions, or opinions of the Monitor. All contacts by the Monitor in person, in writing, or by telephone with either party, the child(ren), the court, attorneys, mental health professionals, and referring agencies should be documented in the case file. All entries should be dated and signed by the person recording the entry.

Confidentiality

Communications between parties and Monitors of supervised family time is not protected by any privilege of confidentiality. The psychotherapist-patient privilege does not apply during therapeutic supervision. Professional and Therapeutic Monitors should, whenever possible, maintain confidentiality regarding the case except when:

Under an order of the court;

Subpoenaed to produce records or testify in court;

Requested to provide information about the case by a mediator or evaluator in conjunction with a court-ordered mediation, investigation, or evaluation;

Required to provide information about the case by Child Protective Services;

Requested to provide information about the case by law enforcement.

Developing the Family Time Plan (FTP)

Family Time Plans should be developed and implemented under the following circumstances:

Following the child’s removal from the home to facilitate visits during the first 72 hours

Prior to each hearing so that an updated FTP recommendation can be included in the court report. The FTP included in the jurisdiction/disposition report should be developed in collaboration with the family, caregiver, any monitors, and with Emergency Response, Dependency Investigation and Continuing Services staffs’ input.

Following each hearing in order to implement the court-ordered family time plan.

Following case conferences with the SCSW, CFTMs, or other assessments that lead to a decision that warrants an update to the FTP.

The FTP shall include all of the following:

Family Time Objectives - Include separate statement for each CWS/CMS Case Plan Service Objective and describe how the family time supports that specific Case Plan Service Objective.

Planned Activity – Include a separate statement for each Family Time Objective, and describe a specific activity and how it supports the Family Time Objective.

Guidelines for Creating a Family Time Schedule:

Family time should occur as frequently as possible, and at least weekly between the parents and child(ren), unless otherwise ordered by the court;

Parents and caregivers should be strongly encouraged and supported by DCFS in prioritizing family time, making necessary adjustments to their normal schedule, and making transportation arrangements necessary to encourage family time;

Family time should be specified for birthdays, holidays, graduations, school events, medical procedures, and other important events/occasions;

Frequent telephone and virtual contact should be encouraged and specified, as appropriate, to supplement family time;

Include the following additional information:

Family time location(s);

Frequency of family time that corresponds to the child’s age and developmental stage, and how consistent it is with the family’s permanency goal;

Duration of the family time, including start and end times;

Start date that family time is to begin;

The person responsible for arranging the family time, if specific times cannot be set;

Flexibility in start and end times (such as giving the Monitor in a Family Time discretion to extend family time to allow the parent to finish reading a book to the child).

The necessary resources to facilitate family time.

Family Time Preparation - Document, if applicable, that the following has been discussed:

The importance and purpose of family time;

The range of reactions children may have to family time, how to help them cope, and that negative behaviors are not and indicator that the visits are harmful, but may indicate healthy attachment and distress over separation. These behaviors may include:

Nightmares and sleep disturbances

Crying, sometimes excessively

Withdrawal or ambivalence

Anger or anxiety

Sadness or disappointment

Acting out (stomping fee, slamming doors, yelling, etc.)

Family time location was described to the child and, to the greatest extent possible, the type of contact the child can expect during family time;

Specific mandatory requirements, which were explained to the caregiver and child (e.g., dress code, gifts, food), particularly for children engaging in family time with incarcerated parents;

Specific topics not to be discussed during family time, such as the court case or making unrealistic promises;

Suggestions of activities parents can engage in to bond with the child, such as, play board games, read, or help with homework. If family time is in a home setting, preparing and eating a meal together;

Alternative Methods of Family Time to facilitate contact between the child and family members and, when appropriate, other significant people in the child’s life. These may include, but are not limited to:

Telephone/video calls

Letters

E-mail

Texting/Instant Messaging (IM)

Social Media

Photographs, video tapes, CD’s/DVD’s, school or medical records

Supplements to family time with the child and exercising parental roles, if appropriate, such as:

Attending school functions and/or teacher conferences

Attending sports or extra-curricular activities

Accompanying the child to medical or dental appointments

Attending cultural/religious events and/or activities

Include the times, frequency, duration and supervision level required for these alternative family time contacts;

The desired behaviors/skills needed to liberalize family time, from monitored to unmonitored and from daytime to overnights, such as:

Increased parental capacity, for example, has developed/maintained a bond with the child

Ability to protect the child and provide safety

Demonstration of new skills that improve the parent’s ability to care for the child and meet their day-to-day needs

Addressing or resolving the issues that led to the removal of the child

Consistency in following the Family Time Plan

Document if private communications have been specifically limited due to determination that these communications are detrimental to the child/youth.

Family Time Participants – List contact information for every family time participant and include a list of all persons prohibited from family time.

Family Time for Dependent Parenting Youth– Address any teen parent specific issues and describe how access and opportunity for meaningful family time will be provided.

Sibling Time – Siblings are entitled to ongoing and frequent interaction with each other by law, unless the court has determined that the interaction is contrary to the safety and well-being of any of the siblings; therefore, the details of sibling time and any reasons for not facilitating contact between siblings should be documented.

Supervised Family Time– Include the following:

The level of supervision required during family time;

The reason(s) why supervised family time is required;

If there is a required location;

Arrangements made for the family time;

Monitor name and contact information;

Approved monitor qualifications:

Note the link between these qualifications to the Family Time Objectives (e.g., if the Family Time Objective is to demonstrate improved parenting, the Monitor would need to be qualified to make such an assessment).

Any negotiated and/or required family time conditions that have been established, including any agreed upon "do's and don’ts" (such as issues around food, candy, gifts, books, toys, etc.).

Family Time Problems – Describe each problem that arose during family time, the procedures for handling the problem, and steps for mitigating any effects on the child(ren) such as ramifications of cancelled family time).

Family Time In Specific Situations – Include information for cases in which the following apply:

Incarcerated/ Institutionalized/ Detained/ Deported Parent

All applicable case plan requirements apply to families where one or both parents are incarcerated, institutionalized, detained by ICE, or have been deported. However, case plans for incarcerated or institutionalized parents must contain provisions for services, contact, and family time for when the parent/guardian is both in and out of custody.

Family Time with the parent/guardian is considered part of reunification services, and the parent/guardian must have contact with either the child or the caregiver, if the child is too young. Failure to ensure that court ordered family time takes place may result in extension of reunification services.

CSWs are to prepare the parent for the range of reactions a child may have, the child for what to expect during the family time, and the caregiver for any specific requirements that must be adhered to during the family time.

The only situation in which family time might not be recommended is if it would be detrimental to the child as clearly documented in the court report. Such reasons include:

Parent was incarcerated for severe physical abuse upon a child.

Prison is too far from placement, and the child’s young age makes travel difficult.

The court must make a finding of detriment before a parent/guardian can be denied family time with their child. If the caregiver refuses to comply with court ordered family time, county counsel is to be informed immediately.

Parents reside in Tijuana, Mexico (link to FYI 10-02, Arranging Monitored Visits Between Dependent Children and their Parents Who Reside in Tijuana, Mexico through the Mexican Consulate Office)

Domestic Abuse

Substance Abuse Treatment Program

Sexual Abuse

Permanency

For children who identify as lesbian, gay, bisexual, transgender, queer, or questioning (LGBTQ+), [add link to LGBTQ+ policy 1200-500.01] it is important to be aware of rejecting behaviors during family time, as these behaviors greatly increase the possibility of negative outcomes for LGBTQ+ children and youth. Ensure parents are demonstrating affirming behavior toward the child(ren)/NMD and using affirming language when addressing the child(ren)/NMD. Any information about a child/NMD’s identification as LGBTQ+, however the information is obtained, is to be treated as private and confidential. Unwarranted disclosure of Sexual Orientation and Gender Identity Expression (SOGIE) information may subject a child/NMD to rejection, ridicule, harassment, or abuse. Caution should be taken when recording or sharing this information and should only be done when necessary to advance the child/NMD's well-being and after consulting with the child(ren)/NMD and securing the child/NMD's consent. The child(dren)/NMD may withdraw their consent or limit it at any time.

Non-English Speakers: Family time should take place in the family’s primary language. If family time needs to be monitored, parents must be advised of their options and whether they can have a translator present or a monitor who can navigate multiple languages, as necessary. The monitor should advise the family of the rules of communication prior to the start of family time and respectfully redirect the child and parents if they begin speaking in a language the monitor does not understand. It is important to remember that family time is so essential to family reunification that this factor should not be a reason to terminate or halt family time. The monitor must balance this with the primary need to ensure interactions between the child and parents are appropriate.

Transportation - Clearly specify who is responsible for transporting the child to and from the family time location.

Safety Planning - Include an action plan in the event that an emergency arises. The plan must state the responsible party to be contacted and further steps required by all relevant parties.

FTP Team – List the names and contact information of all those who participated in the development of the FTP.

Family Time Planning Tool

The Family Time Planning Tool will assist the CSW in organizing and tracking the family time information that is required in the Case Plan and court reports.

The Family Time Planning Tool has been designed for use as a guide in the development of the FTP and its use is not mandatory. It includes space for listing the Family Time Objectives and corresponding Planned Activity, and the participants, their responsibilities and scheduling. There is additional space for listing procedures to manage family time problems, family time in special circumstances, and a safety plan.

Family Time with Parents/Legal Guardians

Exceptions to minimum family time requirements are only permitted with court approval or, for non-court cases, with SCSW and Assistant Regional Administrator (ARA) authorization on the Case Plan.

Family time is not required if both of the following criteria are met:

The whereabouts of the child or the parent(s)/legal guardian(s) are unknown.

The following conditions are satisfied:

A current Due Diligence is completed showing that the whereabouts of the parent/legal guardian is unknown.

The court has been informed.

Every (30) thirty days from the date of the initial discovery, the CSW confirms and documents in the Contact Notebook, that the child or parent’/legal guardian whereabouts remain unknown.

Family Time with Siblings (including half siblings)

Family time between siblings who are not placed together are required unless the court orders a suspension of sibling time. Sibling time must be incorporated into the Case Plan. Sibling time, including any changes to sibling interaction, must be documented in each Status Review Hearing Report and incorporated into the Case Plan.

Family Time with Grandparents

Family time between a child and his/her grandparents is required by law when the child is receiving family reunification services and it is in the child’s best interests.

Family Time with Dependent/NMD Parents in Foster Care with Non-Dependent Child(ren)

When a dependent/NMD parent in foster care has custody of his or her non-dependent child, the court can only order family time among the dependent/NMD parent and their parent(s) and family members. However, DCFS and the dependency courts cannot make visitation orders with respect to a non-dependent child.

Visits with Law Enforcement and Attorneys

Visits with law enforcement and attorneys are determined as follows:

Interviews by:

Child’s Attorney

Public Defender

Interviews are not to be supervised.

This applies to court appointed dependency counsel, including attorneys from Children’s Law Center of Los Angeles and their social workers representing the child’s attorney. Conversations between the child and Children’s Law Center of Los Angeles attorneys and investigators are privileged and confidential. Each child must have the opportunity to speak privately and confidentially with their attorney and the attorney’s investigators.

No interviews are permitted by attorneys retained by the parent on behalf of the child.

Parent’s Attorney

No visits are permitted with the child without authorization from child’s dependency attorney. Child’s dependency counsel should be contacted if parent’s attorney is attempting to contact the child, unless the child is placed with the parent and the parent’s attorney’s contact is consequential to their interaction with the parent.

Interviews by:

District Attorney

Law Enforcement

Do not need to be supervised but can be supervised if this would make the child more comfortable. The child’s dependency attorney needs to be notified before the interview is scheduled. Communication between a child and their public defender who represents the child in juvenile justice proceedings is privileged and confidential.

Family Time When There Are Allegations of Severe Physical Abuse

If the child was removed from his/her home pursuant to a finding of severe physical abuse, all family time must be supervised, unless unsupervised family time is ordered by the court.

Family Time Prior to the Detention Hearing

DCFS must make a diligent and reasonable effort to ensure regular telephone or virtual contact between the parent and child prior to the detention hearing, unless that contact would be detrimental to the child. The initial telephone or virtual contact is to take place no longer than five hours after the child is taken into custody.

Children 10 years of age and older have the right to make at least two telephone calls in the presence of DCFS staff within one hour after being taken into temporary custody – one completed call to a parent, guardian or responsible relative, and one completed call to an attorney, if the child has one. It is a misdemeanor to deprive a detained child of this right.

Children/NMD must have the opportunity to have family time with parents and siblings when such contact is safe.

Family time should not take place where the abuse occurred if it would be detrimental to the child’s emotional or mental well being, as determined by the child’s therapist or in consultation with the SCSW, ARA and/or county counsel.

Family Time Prior to the Disposition Hearing

Family time with parent(s) or relative(s) who are known to the court following the Detention Hearing and before the Disposition Hearing must be facilitated and may not be supervised unless the court has ordered supervision.

Case Planning Requirements

CSW’s are required to document family time information in the Case Plan and the Contact Notebook.

The purposes of family time should be clearly linked to the Case Plan/Case Plan Update Service Objectives. The Initial Case Plan must include a schedule of planned parent(s)/guardian(s) contacts and family time with the child.

The Case Plan Update must include a report on family time patterns of the parent(s)/guardian(s) with the child, including, but not limited to:

Frequency of family time(see Family Time Frequency attachment)

Initiation of family time by parent(s)/guardian(s)

Cooperation in keeping appointments

Interaction with child and/or foster parent(s)

The report should also include an updated schedule of planned parent(s)/guardian(s) contacts and family time with the child.

The Family Time Plan Evaluation in the Structured Decision Making (SDM) Reunification Reassessment tool is available for CSWs to assess visitation frequency and quality and provides information for developing the Case Plan.

Changes to Family Time Schedule

If a child is hospitalized for a medical reason, review the existing Family Time Plan for the parent(s)/legal guardian(s).

Modify the location, frequency, and duration of family time according to the child’s medical needs and the advice of the child’s medical provider.

Consider any necessary modifications to facilitate continued family time.

Explain the reason(s) for modifications to the Plan.

Report the modifications to the court.

A recent event is considered a violent occurrence within the past 60 days, however, the severity of the event will vary from family to family. As a result, the CSW should always ensure consultation with a SCSW and/or ARA to ensure the appropriateness of family time at a Family Time/Visitation Center where there is no security.

Cases involving any history of domestic violence require a consultation between the CSW and the assigned SCSW and/or ARA to further assess the safety of all family time participants and the person transporting the child to the family time to determine appropriateness.

Violent offenses that may not be appropriate for family time at a Family Time/Visitation Center despite 60 days passing since the most recent occurrence include:

Assault and/or battery of County employee, caregiver, or monitor.

Violent crimes including but not limited to homicide, murder, assault, manslaughter, sexual assault, and rape.

The family has a history of parental abduction and/or considered a flight risk

Placement Considerations

Child and Family Team (CFT) Meetings

CFT meetings must consider the prospective placement’s ability to support an ongoing relationship with the biological parent(s) (e.g., willingness to transport children to/from family time; willingness to supervise family time, etc.) The initial Family Time Plan (FTP) should be completed at the initial CFT meeting. Ongoing FTPs should be addressed at each CFT meeting. All those who participate in the development of the FTP will be referred to as the FTP Team.

Caregiver’s Ability to Meet a Child/NMD's Family Time Needs

When placing a child, the CSW is to consider the proximity of the caregiver’s home to the parent’s home for the purpose of implementing the FTP.

The CSW shall continually monitor and assess the caregiver’s ability and willingness to:

Ensure and facilitate the child's participation in scheduled family time;

Appropriately supervise family time if acting as the Monitor;

Ensure family time with grandparents;

Maintain sibling relationships with regular family time and contact;

Complete the “Caregiver’s Family Time Notes for Unsupervised Family Time” form for unsupervised family time;

Information provided by the caregiver will be helpful in monitoring progress and compliance with the FTP.

When a foster parent invokes the right to maintain the confidentiality of his/her address, assess if there are any compelling reason(s) why family time between the child and his/her parents should take place in the foster home prior to the disposition hearing. If a compelling reason is found, replacement should be considered as the child should be placed in the home of a foster parent who is willing to waive address confidentiality.

An example of a compelling reason is the placement of a very young, medically fragile child for whom the Case Plan is family reunification and whose medical condition contraindicates transporting him or her to a neutral site for family time.

The FTP should be clearly stated in the DCFS 709 to ensure that the agency/caregiver is able to meet plan expectations.

If a Group Home or Foster Family Agency will not provide reasonable visitation services, the CSW should consult with the SCSW or ARA. If necessary, the ARA will consult with the DCFS Out-of-Home Care Division.

Short-Term Residential Therapeutic Program (STRTP)/Group Home Requirements

At the time of initial placement in a Short-Term Residential Therapeutic Program (STRTP)/Group Home and on an ongoing basis, the CSW must inform the STRTP/group home staff of court ordered visitation by providing redacted copies of court orders regarding family time for the child’s family and friends. CSW shall facilitate development of any necessary family time schedules or communication for family time to take place.

During regular face-to-face contact with the child, the CSW is to ask the child if (s)he has been allowed to have contacts/family time with siblings, parents, other relatives or significant persons, as specified in the orders of the court, Case Plan, and FTP. CSW shall follow up and facilitate any appropriate family time, as needed.

Family Time/ Visitation Centers

DCFS has partnered with community and faith-based organizations to provide a safe, supportive, and neutral setting for youth and families to interact throughout Los Angeles County. Family Time/Visitation Centers provide a structured environment that is both safe and comfortable for the child outside of the office setting. A thorough assessment and full understanding of safety and concerns regarding parental protective factors should be gathered and shared with those involved in the family’s case prior to the initial family time. The following factors should also be considered:

Safety

When considering whether a family is appropriate for family time at a designated Family Time/Visitation Center. The CSW should take into account the safety of all parties and explore any substantial risks to the child’s safety or well-being with the Child and Family Team. If substantial risks to the child’s safety or well-being exist, consultation with an SCSW is required and a more restrictive setting should be considered, in cases involving:

Parent(s) displaying explosive/emotionally-uncontrolled behavior which poses a current safety risk to the child, monitor, and/or any other participant

Parent(s) appears to be under the influence, testing positive, and/or missed drug tests

Sexual abuse perpetrators

A recent occurrence of violence which poses a current safety risk to the child, monitor, and/or any other participant.

A recent event is considered a violent occurrence within the past 60 days, however, the severity of the event will vary from family to family. As a result, the CSW should always ensure consultation with a SCSW and/or ARA to ensure the appropriateness of family time at a Family Time/Visitation Center where there is no security.

Cases involving any history of domestic violence require a consultation between the CSW and the assigned SCSW and/or ARA to further assess the safety of all family time participants and the person transporting the child to the family time to determine appropriateness.

Violent offenses that may not be appropriate for family time at a Family Time/Visitation Center despite 60 days passing since the most recent occurrence include:

Assault and/or battery of County employee, caregiver, or monitor.

Violent crimes including but not limited to homicide, murder, assault, manslaughter, sexual assault, and rape.

The family has a history of parental abduction and/or considered a flight risk.

The Monitor

Is aware of the circumstances that led to removal as well as any other useful information about the child and family history (pertinent to child safety concerns) while upholding confidentiality. Generic information about the allegations that brought the family to the attention of the Department should be shared, without specific details.

Is to possess, demonstrate and abide by the standards and responsibilities as set forth in the Family Time (Visitation): Monitor’s Instructions Terms and Conditions for Supervised Family Time

Location

CSWs should consider the approximate distance between both the parent and child locations to best identify a neutral family time location that meets initial safety needs and concerns and facilitates regular meaningful family time. In addition, children 5 years old and under should travel a shorter distance to the family time location than the parent. For these young children it is recommended that they travel one third (1/3) of the way and the parent travel two thirds (2/3). Any limitations that may impair a parent’s ability to travel for family time should also be considered; CSW shall address such limitations to facilitate regular family time and reunification.

Setting

Optimal setting is quiet, private, free of distractions and other unknown people.

Is as home-like as possible while still appropriate for managing level of known safety concerns specific to the family circumstances.

If in an agency or church setting, a family time room should include: comfortable and clean seating, comfortable and clean area to play on the floor, and some toys/ activities that encourage age appropriate parent-child interactions.

Outdoor spaces, such as parks, where the parent and child can engage in physical activities.

Some DCFS designated Family Time/Visitation Centers are equipped with kitchens where families can prepare a meal, living areas to relax, play games, read books or work on homework together, and bath tubs so parents can bathe their young children. (Attach a hyperlink with the list of all the DCFS approved locations) (Developed list should include operating hours, contact information, and a general description of the facility with amenities.)

Court

Court Orders

The judicial officer makes general family time visitation orders and may provide DCFS with the discretion to liberalize visits in order to support reunification and the needs of the child(ren). DCFS has a responsibility and discretion to make a comprehensive assessment to liberalize visits/FBT and the discretion to take multiple sources of information, including progress in court ordered programs into account, family time, and parental capacity into account.

The Family Time Plan (FTP) must:

Implement the Court’s orders in detail;

Be consistent with Dependency, Family, or Criminal court orders;

Be amended according to established procedures to ensure full compliance with court orders.

The CSW must ensure that family time is consistent with all court orders, unless an emergency warrants a change.

If ordered by the court, or requested by either party, the attorney for either party or the attorney for the child, a report about the supervised family time should be produced. These reports should be factual, but not include opinions or recommendations, unless ordered by the court. A copy of any report should be sent to all parties, their attorneys, and the attorney for the child.

Except as required in reporting suspected child abuse, any identifying information about the parties and the child should not be disclosed, and should be deleted from documents before releasing them to any court, attorney, attorney for the child, party, mediator, evaluator, mental health professional, social worker, or referring agency. Such information includes: addresses, telephone numbers, places of employment, and schools.

Changes to Court-Ordered Family Time Restrictions

When circumstances dictate that changes to court-ordered family time restrictions are appropriate and these changes have been discussed with the Child and Family Team, a request to change the court’s orders can be walked on to court.

The CSW should include the following information in the court report:

Court Report Section	Information to Include
Recommendation	Level of restriction (including unsupervised) Name and relationship of the visitor to be supervised (or unsupervised) Name of the Monitor (when applicable) Location of the family time(when supervised) Whether Supervised, Secure Supervised or Supervised Transfer is required
Evaluation of the Family Situation/Reasons for Recommendation	Provide an assessment and evaluation of the Family Time Plan based on information obtained from the: Child alleged perpetrator non-offending parent caregiver therapist or counselor DCFS case file monitor, if applicable Address any changes this recommendation would make to existing family time orders. Discuss why supervision is or is not needed.
Case Plan Objectives and Tasks and Responsibilities of Parents and Other Parties	Specify the details for implementation of the supervised or less restrictive family time plan.

Addressing Family Time in Jurisdiction/Disposition Hearing Reports

When writing the Jurisdiction/Disposition hearing report, include the following information:

For recommended monitored/supervised family time, clearly indicate the safety factors that led to the recommendation of monitored/supervised family time, and, whether a monitor has been identified and who.

Description of family time that has already taken place:

Dates

Observations of the parents, siblings, and other relatives.

The child(ren)'s response to the family time.

If someone other than the CSW has observed the family time, that individual’s name and relationship to the parties.

Continued appropriateness of visitation with siblings, grandparents, and other relatives.

Compliance and efforts/cooperation of offending parent/guardian.

Description of the current family time plan:

Whether the family time was discussed and documented at the CFT meetings

Dates of the family time and how often they will occur

Location of the family time

Transportation arrangement for the child to the family time

Individuals included in the family time plan (e.g. parents, siblings, and grandparents). Include any non-offending caregivers or parents who do not reside with the child(ren)

Other significant relationships that the child has described who should be included in the family time plan

If sibling family time has been arranged for siblings and/or half-siblings who are not placed together and when family time is not contraindicated

Who will supervise the family time(if applicable)

If the caregiver supervises family time, the caregiver’s willingness to supervise and have visits occur in placement explored

For a dependent child of a depedent/NMD parent is not residing with her/his parent, the family time arrangements that have been made

List the family time objectives and state:

How the family time objectives are linked to safety threats or risks identified in the safety assessment discussed with the parent(s) (e.g. continued bonding, increasing parent’s protective capacity, etc.)

Whether the previously court-ordered family time plan has been implemented

If there is no family time plan:

The reasons why

Any circumstances that prevent regular or frequent family time(e.g. incarceration, in-patient drug treatment, etc.)

Other arrangements that have been made to facilitate contact between the parent and child (e.g., telephone, e-mail, text-messages, etc.)

Addressing Family Time in Status Review Hearing Reports

When writing the Status Review hearing report, include the following information:

If supervised family time is recommended, including the reasons why unmonitored family time is not appropriate and whether a monitor has been identified.

If the child is placed in a group home, STRTP, FFA, etc.:

Whether a copy of the court’s order regarding family time was shared with the agency

The agency’s efforts to promote family time, what specific issues prevented the case from being liberalized, if family time was not liberalized; and what progress was considered if family time was liberalized.

If the court gave DCFS discretion to liberalize family time, what specific progress or lack of progress in attaining the case plan and/or family time objectives determined the extent to which the family was or was not liberalized.

Description of the current family time plan.

Whether the previously court-ordered family time plan was implemented.

Reasons for significant changes made during the previous period of supervision.

Whether the family time objectives have been updated.

Dates of family time

Compliance and efforts/cooperation of offending parent(s)/guardian(s).

Plans that have been arranged for sibling family time when siblings and/or half siblings are not placed together, and family time is not contraindicated; and efforts to place siblings together.

Plans that have been arranged if the dependent child of a dependent/NMD parent is not residing with her/his dependent/NMD parent, along with efforts to facilitate placement or more regular liberalized family time.

If caregiver supervises family time, whether a caregiver’s willingness to supervise and have family time occur in placement was explored.

Continued appropriateness of family time with siblings, grandparents and other relatives.

If applicable, specific reasons why future family time is no longer appropriate.

Observation’s made during the family time with parents, siblings and other relatives.

The extent to which the family time plan was adhered to by parents, caregivers, and other parties, including but not limited to:

A list of scheduled family time dates.

What took place at family time.

Reasons family time was missed.

The child’s feedback on family time, including but not limited to:

The child(dren)'s responses/reactions to family time.

The reason a child was unwilling to have family time(if applicable).

The parent/guardian feedback on family time, including but not limited to his/her:

Response/reaction to family time.

Feeling that the family time activities were helpful in changing the behaviors or conditions that caused the child(ren) to be unsafe or at risk of future harm.

Whether someone other than the CSW has observed family time. Include his or her name and relationship to the parties.

Whether family time was discussed and documented at the CFT planning meetings.

Specific progress the parent displayed towards attaining the family time objectives outlined in prior court reports/case plans (e.g. changing the behaviors or conditions that caused the children to be unsafe or at risk of future harm).

Whether the monitor’s observations were obtained and used for future family time and case planning.

Whether there is no family time. If so, state the reasons.

Legal Guardianship/Planned Permanent Living Arrangement (PPLA):

If the identified Permanency Plan is legal guardianship or a planned permanent living arrangement, the court must make a family time order for the parents or guardians unless it is evident that the family time would be detrimental to the physical or emotional well-being of the child. Therefore the following must be addressed:

The appropriateness of future family time between the child and his or her parents, siblings, and/or other family members.

Information that supports the recommended family time plan.

PROCEDURE

Developing a Family Time Plan (FTP)

Continuing Services CSW Responsibilities

Convene a CFT meeting and develop a Family Visitation Plan (FVP). The Family Visitation Planning Tool can be used as a guide.

Discuss and include the objectives listed in the Family Plan section.

Record the Family Time Plan (FTP) in the Contact Notebook. The details of the FTP must be included in the Initial or Updated Case Plan and in the Status Review report.

Changes to the Family Time Plan (FTP)

Continuing Services CSW Responsibilities

Convene a CFT meeting to make changes to the FTP that do not require court approval.

In consultation with the CFT members, make changes to the FTP.

If a change must be expedited and there is not time to convene a CFT:

Call or email all affected parties regarding the change.

Obtain their input and consent.

Document all communications in the Contact Notebook.

If there is imminent danger to the life, safety, health or well-being of the child(ren) or any of the family time participants:

The family time may be limited or terminated immediately, without consulting the court.

Limitation of a visit may be any of the following:

Change of location or security level.

Limitation on communication, physical interaction or activities

Offending or noncompliant visitor asked to leave.

Document this action thoroughly, in the Contact Notebook.

Convene a CFT meeting as soon as possible to revise the FTP, unless DCFS is requesting a “No Contact order” from the court.

Requesting a Change to Court-Ordered Family Time Restrictions

Continuing Services CSW Responsibilities

Convene a CFT meeting to make changes to the FTP.

In consultation with the CFT members, make changes to the FTP.

When a change to court-ordered visitation restrictions is appropriate, walk-on an appearance hearing to court to request changing to either a less restrictive, more restrictive or supervised visits.

Upon receipt of the Minute Order or Court-Ordered Case Plan, incorporate the court’s orders into the FTP.

Updating the Case Plan

Continuing Services CSW Responsibilities

On an ongoing basis, evaluate the FTP through direct interviews with family time participants and review of the family time Monitor’s logs.

Determine whether the CWS/CMS Case Plan Services Objectives are being met and whether there is any need to update the Visitation Objectives.

Update the Case Plan with new Family Time Objectives and/or Planned Activities.

Review and update the FTP as needed at all CFT meetings.

Arranging Visits for Parents/Legal Guardians Prior to the Detention Hearing

Continuing Services CSW Responsibilities

Consult with the SCSW regarding any of the following concerns:

Whether family time prior to the detention hearing will pose a safety risk to the child(ren)

Whether the child(ren) will be traumatized by such family time

Whether or not the child(ren) wants family time

Whether the family time should be supervised.

If there is a potential for abduction, arrange for supervised family time to take place in a secure setting, such as a DCFS office, FFA agency or other appropriate setting.

Prior to the family time, advise the parent(s)/legal guardian(s), child(ren), Monitor, and the caregiver where appropriate that the facts of the case may not be discussed during the family time.

Ask the caregiver to complete the: "Caregivers Visitation Notes" form (for unsupervised family time only).

For unsupervised family time, the preferred location is the caregiver’s home. If the child is placed in a licensed foster home, the family time should take place in a neutral setting unless the foster parent waives his/her right to maintain the confidentiality of the placement.

Arranging Family Time for Parents/Legal Guardians During Family Reunification Services

Continuing Services CSW Responsibilities

Arrange as high a frequency of family time as possible, with a minimum of at least once each calendar month.

Document the appropriateness of family time in each Case Plan Update and Court Report.

Arranging Family Time for Parents/Legal Guardians During Permanent Placement Services

Continuing Services CSW Responsibilities

If appropriate and included in the Case Plan, arrange family time.

For transition age youth, arrange family time with mentors and other support systems that may facilitate the youth’s transition into adulthood.

Document the appropriateness of family time in each Case Plan Update and Court Report.

Arranging Family Time With Siblings

Continuing Services CSW Responsibilities

If siblings are not placed in the same home, prepare a FTP providing for ongoing and frequent interaction among the siblings.

If the court determines that sibling interaction is detrimental to the child/youth, take the following steps:

Suspend interaction.

If it appears that the court order suspending sibling family time is not in the best interests of the child(ren), file an Adverse Court Order/Decision.

Explore and link to any services necessary to address the reason for suspension of family time between siblings.

In each Status Review Hearing report, include an evaluation and recommendation regarding the reasons for the suspension of interaction between the siblings.

If the court orders that interaction between the siblings can be safely resumed, revise the Family Time Plan in the Case Plan accordingly.

Document the appropriateness of sibling family time in each Case Plan Update and Court Report.

Arranging Family Time With Grandparents

Continuing Services CSW Responsibilities

Arrange family time between the child(ren)/youth and his/her grandparent(s) as determined by the Case Plan or court order.

Include the grandparent visits in the FTP.

Document the appropriateness of grandparent family time in each Case Plan Update and Court Report.

Arranging Visits for Dependent/NMD Parents in Foster Care With Non-Dependent Child(ren)

Continuing Services CSW Responsibilities

Arrange family time as determined by court order, the case plan and dependent/NMD parent; address any issues that impede regular meaningful family time or means to improve family time and/or placement.

Include the dependent/NMD parent family time in the FTP.

Document the appropriateness of dependent/NMD parent family time in each Case Plan Update and Court Report.

Supervised Family Time

Continuing Services CSW Responsibilities

Select a Monitor based on the courts orders and FTP.

Refer to the Monitor’s Qualifications for selecting an appropriate Monitor.

Personally supervise a telephone call, or arrange for it to be supervised by other qualified DCFS staff or a Volunteer Monitor such as the foster parent, prior to the Detention hearing.

If the placement is confidential, ensure that the child does not divulge his/her whereabouts.

Document the call in the Contact Notebook including any report back from a Monitor.

Read the case history and determine that a child/youth will clearly benefit from face-to-face family time with the parent or relative would be detrimental to the child.

Consult with IDC and/or County Counsel.

If it is agreed that visits are appropriate, personally supervise the family time or arrange for family time to be supervised by other qualified DCFS staff or a Volunteer Monitor such as the foster parent.

Supervise the initial family visit, in addition to subsequent visits necessary to meet and inform case plan goals.

If more than one supervised visit per month is to occur, CSWs may arrange for visits to be supervised by other qualified DCFS staff or a Volunteer Monitor such as the resource parent.

Document the family time in the Contact Notebook including any report back from a Monitor.

If the court orders unsupervised family time:

Document the following in the Contact Notebook: "DCFS is arranging unsupervised family time per the court’s order on {insert date}".

File an Adverse Court Order if it is DCFS assessment that the court ordered unsupervised family time would put the child at risk.

Determine if supervised family time with attorney’s or law enforcement are indicated.

Preparing Monitors for the Supervised Family Time

Continuing Services CSW Responsibilities

Prior to the family time, discuss with the Monitor any concerns, or ambivalence they may have.

Explain the court order for supervised family time and the specific purpose of the supervised family time, and the importance and positive outcomes associated with family time.

Provide a copy of the DCFS 5120 to the Monitor and discuss each point to ensure that they understand their responsibility and agrees that all instructions will be adhered to.

Provide examples of problems that may occur, based on the history of the case, and discuss how they should be handled.

Provide specific information on the following:

Emergency contact phone numbers for CSW, SCSW, and/or law enforcement

Date, location, time and length family time is to take place

Transportation arrangements

Names and relationships of those permitted to join the family time

Specify if this is a Supervised Family Time, a Secure Supervised Family Time or Supervised Transfer

Restrictions on the parent/visitor

Behaviors of the visitor and/or the child/youth that are specifically prohibited

Have the Monitor sign two copies of the DCFS 5120. File one copy in the Case Activity folder, and give the other copy to the Monitor.

Inform the Monitor that the CSW is available to discuss any family time issues that may arise.

Arrange a follow-up appointment with the Monitor, to discuss the family time outcomes.

Follow-up on any unresolved problems the Monitor reports which may present problems for future family time.

Document the family time in the Contact Notebook.

Preparing Family Members for the Supervised Family Time

Continuing Services CSW Responsibilities

Discuss the reasons the family time is to be supervised.

Discuss any concerns or feelings the family member may have about the supervised family time.

Discuss each point of the DCFS 5121 with the visitor to ensure that all instructions will be adhered to.

Have the visitor sign two copies of the DCFS5121. Give one copy to the visitor and file the other copy in the case file.

Provide specific information on the following:

Date, location, time and length family time is to take place

Transportation arrangements

Names and relationships of those permitted to visit

Specify if this is a Supervised Family Time, a Secure Supervised Family Time or Supervised Transfer

Restrictions on the parent/family member

Behaviors of the family member and/or the child(ren) that are specifically prohibited

Inform the family member that the CSW is available to discuss any family time issues that may arise.

Arrange a follow-up phone contact to discuss the family time outcomes.

Follow-up on any unresolved problems the family member reports which may present problems for future family time.

Document the family time in the Contact Notebook