Seven Day Prior Written Notice to Foster Parents of Intent to Remove a Child and Grievance Review Regarding Placement/Removal of a Child from a Foster Home

0100-502.52 | Revision Date: 04/20/16

Overview

This policy reviews the grievance procedures when the decision is made to remove a child from a foster home or for placement disagreements.

TABLE OF CONTENTS

Policy

Notification of Intent to Terminate Placement

Grievance Process

Representatives

Procedure

The Decision is Made to Remove a Child

CSW Responsibilities

Grievance Process Regarding the Pending Removal or the Placement of a Child

CSW Responsibilities

CSW Responsibilities

Regional Administrator for the Case-Carrying CSW Responsibilities

Review Agent’s Responsibilities

Director’s Responsibilities

The Complainant or their Representative Requests Case Information

CSW Responsibilities

Regional Administrator for the Case-Carrying CSW Responsibilities

Review Agent Responsibilities

Approvals

Helpful Links

Attachments

Forms

Referenced Policy Guides

Statutes

Version Summary

This policy guide was updated from the 07/01/14 version to provide the current contact information for the DCFS Office of the Ombudsman.

POLICY

Notification of Intent to Terminate Placement

Every effort should be made to resolve disagreements regarding placement/removal of a child from a foster home.  The case-carrying CSW should use the office chain-of-command to resolve issues. If removal is necessary, notice to the caregiver is required in many situations.  If there is a dispute with a caregiver, the CSW must advise the complaining party of the grievance process and refer them to their SCSW or Regional Administrator (RA) for a resolution.  Objection to removal of a child from a prospective adoptive home is subject to a different process.

In the event that resolution is not reached through communication, the California Department of Social Services (CDSS) has established a grievance process to review complaints from foster parents (including FFA certified homes), parents, legal guardians and children regarding the placement or removal/replacement of a child from a foster home.

Foster parent(s) must be given at least seven (7) calendar days advance notice of intent to remove a child, and informed that they have the right to request a grievance review, per CDSS MPP Division 31-440.  However, notice is not required if one or more of the following conditions exist:

1. The child is in immediate danger.

2. A signed waiver of notice has been obtained from the foster parent(s), as specified in Section 31-440.11.

3. A court has ordered the child’s removal.

4. Adverse licensing or approval actions have occurred that prohibit the foster parent(s) from continuing to provide services.

5. Removal of a voluntarily placed child is made or requested by the child’s parent(s)/guardians.

6. The child is removed from an emergency placement.

As best practice, as much advance notice as practicable should be provided to foster parents to allow for proper planning and every effort should be made to resolve any disagreements regarding placement/removal of a child from a foster home.  If such a disagreement cannot be resolved, the case-carrying CSW should use the office chain-of-command, advise the complaining party of the grievance process and refer to the Regional Administrator (RA) for a resolution when appropriate.

Grievance Process

Generally, a Grievance Review must not be granted if any of the listed exceptions in CDSS MPP Division 31-020.2.21 through 25 or MPP 31-440.21 through .25 exist.  However, the existence of an exception may depend on the procedural status of the case within the court system, actions by other agencies and/or voluntary actions by the caregiver.  The exceptions are as follows:

1. The child is in immediate danger.

2. A signed waiver of notice has been obtained from the foster parent(s), as specified in CDSS MPP Div. 31-440.1.

3. A court has ordered the child’s removal.

4. Adverse licensing or approval actions have occurred that prohibit the foster parent(s) from continuing to provide services.

5. Removal of a voluntarily-placed child is made or requested by the child’s parent(s)/guardian(s).

6. Removal of a child or modification of services resulting from an administrative review panel determination.

7. Removal of a child for direct placement into an adoptive home.

8. Any complaint regarding only the validity of a law or of a statewide regulation.

9. Any complaint regarding an issue for which a state hearing is available as specified in Welfare and Institutions Code Sections 10950 through 10965.

10. A complaint by an approved or licensed caregiver that a specific child was not placed in their home (i.e., approval or licensure do not entitle the caregiver to the placement of a specific child or children).

Once the RA has determined the grievance may be allowed, the child cannot be removed or replaced pending the outcome of the Grievance Review Hearing, unless the child is in immediate danger of emotional or physical harm.  This grievance process does not substitute the State Fair Hearing proceedings.

Representatives

The Complainant may choose to have a Representative.  The Representative may be a family member, friend, foster parent association member, attorney or any other person of the Complainant’s choosing.

If the Representative requests information, only that information relevant to the grievance and that pertains to the Complainant may be shared with the Representative.  Information regarding the child or third parties is confidential and may not be shared.  The out stationed county counsel or the assigned trial county counsel should be consulted for advice on confidentiality laws.

Prior to DCFS releasing information to a Complainant’s Representative and/or for the Representative to be allowed to participate at the Grievance Review Hearing, the Complainant must sign and date a DCFS 4161-R.

At the Grievance Review Hearing, the Review Agent will require the Representative to sign a DCFS 4161-C and DCFS 4161-R if these are not already on file.  If the Complainant’s Representative is an attorney, the Review Agent will postpone the hearing (for not more than ten (10) calendar days) and set a new hearing date at which County Counsel will be present.

Back to Policy

PROCEDURE

The Decision is Made to Remove a Child

CSW Responsibilities

1. Unless the child’s situation warrants removal without prior notification, as stated in the section Notification of Intent to Terminate Placement:

1. Provide notice to the caregiver in writing, at least seven (7) calendar days prior to the expected removal/replacement date.

2. Notify the caregiver of her/his right to request a Grievance Review hearing by attaching the DCFS 4161 and 4161-I to the DCFS 489-3.

3. Notice can be delivered in person or by first class mail; however, the law requires additional time be allowed when service of notice is made by mail.

1. If placement is in California, add five (5) days to the notice requirement.

2. If placement is in another state, add ten (10) days to the notice requirement.

3. If placement is in another country, add twenty (20) days to the notice requirement.

2. If the court is terminating permanent placement services:

1. Provide the caregiver with written notice using the DCFS 489-3 to explain the court order.

• A copy of the redacted court order or a modified service plan may be attached to the DCFS 489-3 when notifying the caregiver, if appropriate.

2. Provide the child’s parent(s) or legal guardian(s) with a copy of the DCFS 489-3.

3. Document all contacts, including provision of DCFS 489-3, 4161, and 4161-I in the Contact Notebook.

Back to Procedure

Grievance Process Regarding the Pending Removal or the Placement of a Child

Removals:

Once the RA has determined the grievance may be allowed, the child may not be removed or replaced pending the outcome of the Grievance Review Hearing, unless the child is in immediate danger of emotional or physical harm.

CSW Responsibilities

1. File copies of the completed DCFS 489-3, including any attachments, in the Placement folder.

2. Upon request or if necessary, direct the Complainant to the DCFS Office of the Ombudsman to assist in the completion of the DCFS 4161 located at:

425 Shatto Place

Los Angeles, CA 90020

(888) 889-9800 (phone)

(213) 487-4431 (fax)

1. If the CSW is given a completed DCFS 4161, notify the SCSW and forward the document to the RA.

3. Following the Review Hearing, receive and review copies of the DCFS 4161, the Review Agent’s written summary, and the Director’s final decision.

1. File them in the Placement folder.

2. Discuss the Director’s final decision with the SCSW, ARA, and/or RA and implement the decision.

Placements:

CSW Responsibilities

For placement disagreements that are not resolved within the office chain-of-command, the CSW must:

1. Explain to the Complainant that (s)he has the option of requesting a Grievance Review Hearing by submitting a DCFS 4161 to the case-carrying CSW’s RA within ten (10) calendar days.

2. Provide the Complainant with a DCFS 4161-I.

3. If requested or necessary, direct the Complainant  to the DCFS Office of the Ombudsman for assistance in completion of the DCFS 4161 located at:

425 Shatto Place

Los Angeles, CA 90020

(888) 889-9800 (phone)

(213) 487-4431 (fax)

4. Document all contacts including provision of the DCFS 4161 and 4161-I in the Contact Notebook.

5. Following the hearing, if applicable, receive and review copies of the DCFS 4161, the RA’s written summary, and the Director’s final decision.

1. File them in the Placement Folder.

2. Discuss the Director’s final decision with the SCSW, ARA, and/or RA and implement the changes.

Regional Administrator (RA) for the Case-Carrying CSW Responsibilities

The RA must receive the DCFS 4161 from the Complainant at least two (2) calendar days prior to the expected date of removal/replacement of the child.

1. Upon timely receipt of the DCFS 4161, immediately review it to be sure the grievance can be allowed. See section Grievance Process to determine if a listed exception to the review exists.

1. If the grievance cannot be allowed:

1. Discuss the reasons with the Complainant face-to-face or by telephone.

2. Provide written notice explaining the reason for the denial to a Grievance Review, including the exception.

2. If the grievance can be allowed:

1. Notify the SCSW/case-carrying CSW to postpone replacement of the child until the receipt of the Director’s final written decision.

2. Immediately send a copy of the DCFS 4161 to the Review Agent, as identified by the Service Bureau liaison.

2. Work with the Review Agent to schedule the Grievance Review within ten (10) business days of DCFS’ timely receipt of the DCFS 4161.

• The hearing must be within the Complainant’s community and may be held in the DCFS office.

3. Send the DCFS 4161-N, stating the date, time, and location of the Grievance Review, using certified mail with return receipt requested to the Complainant.

1. Fax the DCFS 4161-I to the Review Agent allowing enough time for all parties to receive Notice not less than five (5) calendar days prior to the Grievance Review Hearing Date.

4. Within five (5) business days of receipt of the DCFS 4161, complete and submit a written summary of the situation to the Review Agent.  A copy of the summary is to be faxed to the appropriate Service Bureau Deputy Director.  The written summary must include:

• Identifying information (such as the name, address, and telephone number of the caregiver and the name of the child)

• Information regarding the basis of the grievance

• The area office’s recommendation(s)

• The reason for the recommendation(s)

• The attempts made to resolve the matter with the Complainant

• The staff designated to attend a Grievance Review Hearing are the Regional RA of the case-carrying CSW, and/or the ARA, and/or the SCSW, and/or the CSW.

• Taking the case file to the hearing is not permitted.  The written summary must contain all the information necessary to present the recommendation(s).

Review Agent’s Responsibilities

A Regional Administrator selected by the Services Bureau Liaison, must serve as the Review Agent to hear the Grievance Review.  However, this cannot be the Regional Administrator of the case-carrying CSW.

1. Receive the DCFS 4161 from the RA of the case-carrying CSW.

1. Review the RA’s written summary within five (5) business days, of the date the DCFS 4161 was received.

2. Determine if the Complainant is represented by an attorney.  If represented, contact the assigned advice County Counsel for Social Services for further instructions prior to the Grievance Review Hearing.

3. Conduct the Grievance Review Hearing, to the extent possible, in a non-adversarial atmosphere.

1. Administer an oath or affirmation of truth with all parties and make sure all testimony is given under oath or affirmation.

2. Review and hear all evidence introduced by the parties to the hearing.

3. Make sure all parties and representatives are permitted to examine all documents and physical evidence introduced by parties to the hearing.

4. Make sure the parties, their representatives, and witnesses, while testifying, are the only authorized persons present during the hearing unless all parties and the Review Agent consent to the presence of other persons.

• The Review Agent has the authority to continue to review for a period of time, not to exceed ten (10) calendar days if additional evidence or witnesses are necessary for determination of the issue.

4. Deliver a written recommendation to the Director within ten (10) calendar days after the completion of the Grievance Review Hearing.  If additional time is needed to review evidence and issue a final recommendation, this must not exceed twenty (20) calendar days.

5. Send a copy of the Director’s final decision to each party of the review, including the case-carrying CSW, the Complainant, every Representative of each party, and the California Department of Social Services (CDSS) at:

California Department of Social Services

Child and Youth Permanency Branch

744 P Street – MS 8-13-73

Sacramento, CA 95814

6. Forward all Grievance Review Hearing records, including the DCFS 4161, the RA’s written summary, all documents and physical evidence submitted at the hearing, and the Director’s final decision to the case-carrying CSW’s Service Bureau office for central filing.

• The Grievance Review Hearing record is to be retained for at least one (1) year from the date of the Director’s final decision.

Director’s Responsibilities

1. Issue a final written decision within five (5) calendar days after receiving the Review Agent’s recommendation.

• The final decision will be based on the evidence presented at the hearing and contain a summary statement of the facts, the issues involved, findings, and the basis for the decision.

Back to Procedure

The Complainant or their Representative Requests Case Information

CSW Responsibilities

1. Upon receipt of the signed and dated DCFA 4161-R, give a copy to the RA and filed the original in the Placement folder.

Regional Administrator (RA) for the Case-Carrying CSW Responsibilities

1. Review the DCFS 4161-R and fax it over to the Review Agent.

Review Agent Responsibilities

1. The DCFS 4161-R and the DCFA 4161-C remain as part of the Grievance Review Hearing records and are retained with those records for at least one (1) year from the date of the Director’s final decision.

Back to Procedure

APPROVALS

RA Approval

• To decide if a Grievance Review Hearing may or may not be allowed

HELPFUL LINKS

Attachments

Grievance Review Time Frames

Forms

LA Kids

DCFS 489-3, Notice of Intent to Terminate Placement

DCFS 4161, Grievance Review

DCFS 4161-C, Grievance Review: Representative Statement of Confidentiality

DCFS 4161-I, CDSS Grievance Procedure Regulations

DCFS 4161-N, Grievance Review: Notice of Hearing

DCFS 4161-R, Grievance Review: Representative Agreement

Referenced Policy Guides

0100-520.10, Evaluating a Prospective Caregiver

0300-503.25, Removing a Child from the Home of a Prospective Adoptive Parent(s)

Statutes

California Department of Social Services (CDSS) California Code of Regulations (CCR) Title 22, Division 6, Chapter 9.5, Section 89400(a) – States that approval/licensure is not an entitlement to placement.

California Department of Social Services (CDSS) Manual of Policies and Procedures (MPP) Division 31-020.1 – Requires the county to develop grievance procedures to review complaints from foster parents, legal parents, guardians, and children concerning the placement or removal of a child from a foster home.  All issues are to be resolved in the best interest of the child.

CDSS MPP Division 31-020.2 – Lists the circumstances under which a Grievance Review shall not be granted.

CDSS MPP Division 31-020.3 – Requires and describes the county’s responsibility to explain the right to a review, to provide a copy of the grievance procedure regulations and to provide assistance in the preparation of the Complaint if assistance is requested or necessary.  Requires and describes the Complainants responsibility to file the required documents, within specified time frames.

CDSS MPP Division 31-020.4 – Specifies time frames for the review and notification thereof.

CDSS MPP Division 31-020.5 – Specifies how the review shall be conducted and who the review agent shall be.

CDSS MPP Division 31-020.6 – Specifies requirements for rendering and dispersing copies of the decision.

CDSS MPP Division 31-020.7 – Requires that unless the child is in immediate danger, (s)he shall remain with the caregiver, pending the decision of the county director, when removal of the child from the home is the basis for the complaint.

CDSS MPP Division 31-020.8 – Specifies requirements for contents and retention of review records.

CDSS MPP Division 31-440.1 – Sets forth the specific requirements and time frames within which the county must provide removal notification to foster parents.  Authorizes the waiver of notice requirements under specific circumstances.

CDSS MPP Division 31-440.2 – Lists the conditions under which the county is not required to provide the notice specified in 31-440.1.

CDSS MPP Division 31-440.3 – Sets forth the specific requirements for the social worker to provide removal notification to foster parents who are providing permanent placement services when the court terminates permanent placement services.

CDSS MPP Division 31-440.4 – Sets forth county responsibility to notify relative(s) or non-relative extended family member(s) when their home does not meet approval standards and advise them that they have access to the grievance procedures and of the time frame for submitting the grievance review request.

Welfare and Institutions Code (WIC) Section 16507.5(b) – States that approval/licensure does not entitle the caregiver to the placement of a specific child or children.  Placement is based on the child’s needs and best interests.

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