Placement Responsibilities

0100-510.61 | Revision Date: 03/03/2022

Overview

This policy guide provides instructions for CSWs when placing or replacing a child/nonminor dependent (NMD) in out-of-home care (OHC).  This includes placing a child/NMD after Court terminates jurisdiction.

TABLE OF CONTENTS

Policy

Suitable Placement

Nondiscrimination

Placement Packet

Foster Youth Bill of Rights (FYBOR)

Confidentiality

Placements

Address Disclosure

Case Documents and Information

Notification and Phone Contact upon Placement

Procedure

Placing a Child in Out-of-Home Care

CSW Responsibilities

SCSW Responsibilities

Maintaining Confidentiality of a Child's Placement

CSW Responsibilities

SCSW Responsibilities

Intake and Detention Control (IDC) CSW and SCSW Responsibilities

Juvenile Court Officer Responsibilities

Completing the Health and Education Passport (HEP)

CSW Responsibilities

Responding when a Child Is Replaced

CSW Responsibilities

SCSW Responsibilities

Responding when the Court Terminates Jurisdiction

CSW Responsibilities

Approvals

Helpful Links

Attachments

Forms

Referenced Policy Guides

Statutes

Version Summary

This policy guide was updated from the 03/08/19 version to reflect updated terminologies, clarify instructions regarding discussions surrounding the Foster Youth Bill of Rights (FYBOR); and update the FYBOR form to reflect all current rights.

POLICY

Suitable Placement

The CSW must provide accurate, up-to-date information regarding a child/NMD so that the information will populate in the placement agreement, the Health and Education Passport (HEP), DCFS 709, and other documents.  The CSW, when necessary, may need to place a child/NMD with a resource family/resource parent (RF/RP) or a Short-Term Therapeutic Programs (STRTP).  In such a case, the CSW will ensure that the placement:

Nondiscrimination

Clients (e.g. children/NMDs, parents/legal guardians, families), RFs STRTPs and adoptive parents have the right to receive the same service, consideration, and treatment given to all other persons when making placement decisions. DCFS is prohibited from considering the race, color, national origin, religion, sex, political affiliation, handicap, age, marital status, sexual orientation, gender identity or expression, or any other characteristic that is protected by state or federal law. Only exceptional, non-routine circumstances that are part of an individualized assessment of a particular child/NMD's needs may be used.  Any consideration of race, color, or national origin must pass the "strict scrutiny" test as explained in Evaluating a Prospective Caregiver.  Child welfare agencies may not honor a parent's preference for placing a child/NMD in a particular home based on race, color, or national origin.

 

Staff may report any concerns or complaints regarding RPs/RFs and STRTP to the following:

 

RFs: 1-626-569-6801

STRTPs: 1-844-538-8766 (1-844-LET-US-NO)

Placement Packet

The purpose of the Placement Packet is to provide documentation of information that describes the specific needs of a child/NMD and to advise the caregiver of their roles and responsibilities in the implementation of the Case Plan (e.g., visitation plans, medical needs, educational issues, etc.).

 

The forms and documents listed on the Placement Packet Required Documents List comprise the minimal Placement Packet requirements and is not an all-inclusive list. Any other forms or documents needed for a specific child/NMD will be included. Each Service Planning Area (SPA) office may implement supplemental requirements and documentation to comply with its specific SPA needs.

 

For a list of the documents and information that must be shared with the OHC provider/caregiver at the time of placement, refer to the Placement Packet Required Documents and Information Sharing with Caregivers at the Time of Placement.

Foster Youth Bill of Rights

 

Social workers (and Probation Officers) are required by law to give youth a copy of their rights and review those rights wit them in a way they understand:

 

The FYBOR are provided as part of the Placement Packet Required Documents.


The law also requires that youth in OHC provide their written acknowledgment that they received and reviewed their rights.

 

The information provided in the FYBOR is the law.

 

The FYBOR educates youth in OHC about their rights and empowers them to advocate for themselves and make informed decisions about their lives; thus, helping them develop the knowledge and skills they need to thrive and succeed.

 

For assistance/tips on how to discuss the FYBOR with youth, staff may refer to the FYBOR website.

 

Confidentiality

Placements

Pursuant to Welfare and Institutions Code (WIC) 308(a), the address of a RP/RF must be kept confidential until the dispositional hearing.

 

WIC 308 does not apply to the home of a non-custodial parent, relative, small family homes, STRTPs, or hospitals.  To keep a placement addresses confidential, a nondisclosure order must be obtained from the court as outlined in Non-Disclosure Orders.

Address Disclosure

Placing CSWs and as needed, case-carrying CSWs will seek an RP's written permission to disclose a child/NMDs’s placement address to their parents, legal guardians, or relative(s).  The exception is when there is a safety issue that requires the RP's address to remain confidential.  The DCFS 5210, Placement Address Disclosure, is completed and signed by the RP and indicates whether or not they wants the address to remain confidential.

Case Documents and Information

Information sharing is restricted and also required under state and federal law. Staff must refer to and follow instructions on the Information Sharing with Caregivers at the Time of Placement for the guidelines on information about the parents and minor dependent child that should be shared with the caregiver as well as limitations on information sharing. The instructions also address information-sharing and confidentiality as it relates to NMDs. Staff are mindful that NMDs are legal adults and have more control over information-sharing and confidentiality.

 

Notification and Phone Contact upon Placement

When a CSW takes a child into protective custody, the CSW will take immediate steps to notify the child's parent/legal guardian or responsible relative that the child has been placed in a home or facility authorized by law to care for the child.  The CSW will make a diligent and reasonable effort to ensure that the parent(s)/legal guardian(s) and a child of any age have regular telephone contact prior to the Detention Hearing.  The exception is when that contact would be detrimental to the child.

 

A telephone number where the child may be contacted (i.e., where the child is currently residing) will be provided to the parent/legal guardian or responsible relative for all children placed in OHC.  The initial telephone contact will take place no later than five (5) hours after the child is taken into custody.

 

Immediately after being taken to a placement and no later than one (1) hour after they have been taken into custody, a minor (ten (10) years of age or older) will be advised that they have the right to make at least two (2) telephone calls from the placement, except when physically impossible.

Back to Policy

PROCEDURE

Placing a Child in Out-of-Home Care (OHC)

CSW Responsibilities

  1. Follow the procedures for an emergency placement or placement prior to the Resource Family Approval, including instructions for the completion of the RFA 01A, Resource Family Application.

 

  1. Whenever outside of Los Angeles County is best suited to meet the needs of the child, follow procedures set forth in Out-of-County Placements.

 

  1. Enter all information in CWS/CMS before creating a DCFS 709, Foster Child Needs and Case Plan Summary.

 

  1. Complete a DCFS 709. The Child/Case Identification section will populate entirely from CWS/CMS if the information has been entered prior to creating the DCFS 709.

 

  1. Complete the "Information Specific for This Placement" section.

 

  1. Create the CWS/CMS Case Plan Individual Responsibilities document, and attach it to the DCFS 709.

 

  1. Complete the placement agreement form: DCFS 129, SOC 153, SOC 154, SOC 154A, SOC 154B, SOC 154C, SOC 155 / SOC 155B / SOC 155C (for voluntary placements), SOC 156 or SOC 156A.
  2. Provide important information regarding the:
  1. CSW and RP’s responsibilities
  1. Rate to be paid (Refer to the policy on Level of Care for rate discussions.)
  1. Telephone number of the Child Protection Hotline (CPH), which will provide caregivers with 24/7 access to a CSW
  1. If the child has any known or suspected dangerous behaviors, include these behaviors on the placement agreement.

 

  1. Share the information listed on Information Sharing with Caregivers at the Time of Placement with the caregiver.

 

  1. Follow the HEP policy for instructions on completing the HEP, for direction on providing the HEP to the RP/caregiver within certain timeframes, and what information should be included in the HEP when a child is being placed or replaced in OHC.

 

  1. Provide blank DCFS 561(a), DCFS 561(b) and DCFS 561(c) forms to the caregiver.
  1. Instruct the caregiver to:
  1. Take the corresponding DCFS 561(a), (b) or (c) to each respective medical, dental, or psychological appointment.
  1. Ask the health care provider to document information about the appointment.
  1. Authenticate with signature and/or signature stamp.

 

  1. Ensure that the FYBOR is discussed with the child/NMD using developmentally appropriate language.
  1. Ensure to obtain written verification from the child/NMD that the FYBOR was discussed and that they understand their FYBOR.

  1. Document in the CWS/CMS Contact Notebook the date the FYBOR was discussed with the child/NMD, as well as the date the HEP binder and the required forms and documents were given to, and reviewed with, the RP/caregiver.

SCSW Responsibilities

  1. Review all placement agreement forms, the DCFS 709 and attachments.

 

  1. If the forms are complete, sign them and return them to the CSW.

 

  1. If the forms are not complete, return them to the CSW for correction.

 

  1. Repeat the procedure until all the placement forms are accurate and complete.

Back to Procedure

Maintaining Confidentiality of A Child's Placement

CSW Responsibilities

  1. Review and discuss the DCFS 5210, Placement Address Disclosure, with the RP at the time of placement.  The DCFS 5210 is completed upon placing a child/NMD in a RFH or an FFA RFH.
  1. When a child/NMD is replaced prior to the disposition hearing, complete another DCFS 5210 unless the Court has ordered otherwise.
  1. When an RP invokes the right to maintain the confidentiality of their address, assess for any compelling reason why visitation between the child/NMD and their parents should take place in the RFH prior to the disposition hearing.
  1. If so, the child/NMD should be placed in a RFH in which the RP 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 them to a neutral site for visits.
  1. Send the original to the Court and file a copy in the legal folder on the left side.
  1. Provide a copy to the RP.

 

  1. If the RP wants to keep the placement address confidential:
  1. Open the child/NMD's CWS/CMS Client Notebook, go to the ID page, and select the box marked, "Confidentiality In Effect."
  1. Enter the date the nondisclosure order took effect.
  1. If the RP later agrees to disclose the address, open the child/NMD's ID page in the CWS/CMS Client Notebook, and remove the check from the box marked, "Confidentiality in Effect."
  1. Document a change in address disclosure status in the CWS/CMS Contact Notebook or Case Notes, as appropriate.
  1. Ensure that the date of placement is entered in the "Confidentiality In Effect" field. This will prevent the child/NMD's placement address from being populated into court reports.
  1. Enter the following statement in the Recommendations section of the Detention Report:
  1. Attach the original DCFS 5210 to the Detention Report, and send the report to the Court.
  1. Document all contacts with the RP in the CWS/CMS Contact Notebook, as appropriate.

 

SCSW Responsibilities

 

  1. Review DCFS 709, DCFS 5210, all placement agreement forms and attachments.

 

  1. If they are accurate and complete, sign the forms and return them to the CSW.
  2. If they are not accurate and complete, return the forms to the CSW for correction.
  3. Repeat the procedure until all of the placement forms are accurate and complete.

Intake and Detention Control (IDC) CSW & SCSW Responsibilities

  1. Review the detention report and any attachments.
  1. If the child/NMD is placed in a RFH and a signed DCFS 5210 was not submitted, contact the CSW and request that it be sent to IDC as soon as possible.
  1. If unable to contact the CSW, contact the SCSW or duty worker.

 

  1. If unable to obtain a copy of the DCFS 5210 in time for the hearing or if the RP does not waive their right to confidentiality, ensure that the petition, detention report or any other accompanying documents do not include the RP's address.

 

  1. Send the placement information to the Court Liaison CSW in a sealed envelope for distribution to the hearing officer and the child/NMD's attorney.

Juvenile Court Officer Responsibilities

  1. Ensure that the hearing officer and all attorneys of record, including County Counsel, receive a copy of the signed DCFS 5210.

 

  1. Provide the child/NMD's attorney and the hearing officer with the child/NMD's placement address if the RP agrees to disclose their home address.

 

  1. If DCFS 5210 signed by the RP is not provided to the Court prior to the Detention Hearing, the case-carrying CSW will make sure that a copy is submitted to the Court for the next hearing.

Back to Procedure

Completing the Health and Education Passport (HEP)

CSW Responsibilities

  1. Complete the Health and Education Passport (HEP).

 

  1. The HEP sections A, B, C, and D will self-populate if the information is in CWS/CMS.  Annotate on the RP's hard copy of the HEP any information that is known but not on the self-populated HEP.  For section A, at the time of the initial placement, the child/NMD's physician and dentist are the providers the child/NMD was seeing prior to placement.
  1. To avoid re-immunizations, obtain information for section B from the parent(s) or legal guardian and annotate onto the hard copy HEP, if the information is not yet in CWS/CMS.
  2. Ensure to also provide this updated information to the Public Health Nurse (PHN) so that it may be entered into CWS/CMS.

  1. CHDP physical and dental examination information is entered into CWS/CMS by the PHNs to keep the medical/dental information updated.  Follow the instructions in Child Health and Disability Prevention Program (CHDP) for informing caregivers of medical and dental examination requirements.

 

  1. Complete the boxed-in section titled, “Health and Education Passport,” with the date the HEP and the HEP Binder was given to the RP.

 

  1. Within thirty (30) days following the initial placement, provide the RP with an updated HEP and DCFS 709 with complete medical and educational information.

 

  1. Provide the updated HEP and DCFS 709 to the RP annually and to each new caregiver at the time of replacement.

Responding when a Child Is Replaced

CSW Responsibilities

  1. Whenever a child/NMD is replaced, a new placement packet must accompany the child/NMD. Follow the instructions on completing the Health and Education Passport; and the Health and Education Passport (HEP) policy for direction on providing the HEP to the caregiver within required timeframes and what information should be included in the HEP when a child is being placed or replaced in out-of-home care. Refer to Information Sharing with Caregivers at the Time of Placement .
  1. Complete the steps for the CSW Responsibilities listed under "Placing a Child in Out-of-Home Care (OHC)".

 

  1. When a child/NMD leaves a placement due to any reason, a DCFS 489-2, Placement Termination form must be physically handed to the RP or facility (e.g., STRTPs, etc.) represenstative. Reasons for leaving placement include returning home to parent/legal guardian, termination of jurisdiction, running away from placement, and replacement to another RFH or facility. The Placement Termination form confirms the date that the child/NMD is removed/replaced from placement. When ending a placement or replacing a child/NMD, ensure that:

 

  1. Bring the child/NMD's hospital/physician aftercare instructions, along with any prescribed medication(s), to the new placement.
  1. Place these documents in the HEP Binder and copies in the Psychological/Medical/ Dental/School Records folder.
  1. See Child Health and Disability Prevention Program (CHDP) for more information.
  1. Complete the DCFS 6011, Notice of Replacement Report (see "Notice of Replacement Report" policy), obtain SCSW approval, and submit to Court.
  2. Complete the DCFS 5402, Notice to Child/NMD Attorney, Re. Case Status, and submit to Court.

SCSW Responsibilities

  1. Review the DCFS 6011.

 

  1. If the forms are complete, sign them and return them to the CSW.
  2. If the forms are not complete, return them to the CSW for correction.
  3. Repeat the procedure until all the placement forms are accurate and complete.

Back to Procedure

Responding when the Court Terminates Jurisdiction

CSW Responsibilities

  1. If a child is returned home or if the court orders legal guardianship:
  1. Provide the parent(s)/legal guardian(s) with a copy of the most recent HEP.
  1. If a youth becomes a ward of the Court and the youth is placed under the supervision of the Probation Department, the youth will be removed from DCFS supervision and their dependency jurisdiction will be terminated.  If the Probation Officer requests written reports on the child's medical, mental health, and educational status, take the following steps:
  1. Photocopy all medical, dental, and educational materials.
  1. Place the photocopies in the Psychological/Medical/Dental/School Records folder.
  1. Provide the original documents to the youth's Probation Officer.
  1. Provide the Probation Officer with a copy of the most recent HEP.

 

  1. If a youth/NMD transitions out of care:
  1. Never give psychological/psychiatric evaluation reports and/or IQ scores to the emancipating youth.
  1. Photocopy all medical, dental, and educational materials, and place them in the Psychological/ Medical/Dental/School Records folder.
  1. Provide the most recent HEP including the originals of all medical, dental and educational materials and FB forms to the transitioning youth/NMD.

 

  1. If the child is adopted:
  1. Photocopy all medical, dental and educational materials
  1. Place the photocopies in the Psychological/Medical/Dental/School Records folder.
  1. Provide the adoptive parent(s) with a copy of the most recent HEP
  1. Place the photocopies in the Psychological/Medical/Dental/School Records folder.
  1. Provide the original documents to the adoptive parent(s).
  1. Place a copy of the most recent HEP and the original FB forms in the Psychological/ Medical/Dental/School Records folder

Back to Procedure

APPROVALS

SCSW Approval

HELPFUL LINKS

Attachments

 

LA County Foster Youth Bill of Rights (FYBOR)

Placement Packet Required Documents

Information Sharing with Caregivers at the Time of Placement

 

Forms

CWS/CMS

Case Plan Individual Client Responsibilities

DCFS 129, Agency-Relative/Nonrelative Extended Family Member Caregiver Placement Agreement

DCFS 709, Foster Child Needs and Case Plan Summary

Health and Education Passport (HEP)

SOC 154, Agency - Group Home Agreement

SOC 156, Agency - Foster Parents Agreement: Child Placed by Agency in Foster Home

LA Kids

DCFS 129, Agency-Relative/Nonrelative Extended Family Member Caregiver Placement Agreement

DCFS 156, Information about Foster Care Payments for Relative Caregivers (Youakim)

DCFS 179, Parental Consent and Authorization for Medical Care and Release of Health and Education Records

DCFS 179-MH, Parental Consent for Child's Assessment and Participation in Mental Health and/or Regional Center Developmental Services

DCFS 179-PHI, Authorization for Disclosure of Child's Protected Health Information

DCFS 489-2, Placement Termination of Foster Child

DCFS 489-2 SP, Terminacion del Hogar de Crianza del Menor

DCFS 561(a), Medical Examination Form

DCFS 561(b), Dental Examination Form

DCFS 561(c), Psychological/Other Examination Form

DCFS 709, Foster Child Needs and Case Plan Summary

DCFS 4158, Authorization for General Medical Care for a Child Placed by an Order of Juvenile Court

DCFS 4158-A, Authorization for Emergency Medical Care for a Child  Pursuant to WIC 369

DCFS 4158-2, Physician Questionnaire

DCFS 5402, Notice to Child/NMD Attorney Re. Case Status

DCFS 5210, Placement Address Disclosure

DCFS 5660, Placement Checklist with Emphasis on the Health and Education Passport (HEP) and HEP Binder

DCFS 6011, Notice of Replacement Report

Family Background #1

Family Background #1 -Sibling & Relative Addendum

Family Background #2 - DI

Family Background #3 - Coversheet

Family Background #3 - Medical and Social History Information about the Birth Mother/Father

Family Background Addendum

Foster Youth Rights Handbook Signature Page

HEP Binder Label

HEP Binder Spine Label

SOC 153, Placement Agency --- Foster Family Agency Agreement - Nonminor Dependent Placed by Agency in Foster Family Agency

SOC 154, Agency - Group Home Agreement

SOC 154A, Placement Agency - Foster Family Agency Agreement - Child Placed by Agency in Foster Family Agency

SOC 154B, Agency - Group Home Agreement - Nonminor Dependent Placed by Agency in Group Home

SOC 154C, Agency - Short-Term Residential Therapeutic Program (STRTP) Admission Agreement - Child Placed by Agency Into STRTP

SOC 155, Voluntary Placement Agreement

SOC 155B, Mutual Agreement for 18 Year Olds

SOC 155C, Voluntary Placement Agreement Parent/Agency (Indian Child)

SOC 156, Agency - Foster Parents Agreement: Child Placed by Agency in Foster Home

SOC 156A, Agency - Foster Parents Placement Agreement - Nonminor Dependent Placed by Agency in Foster Home



Referenced Policy Guides

FYI 03-19, Guidelines for Completion of the DCFS 709

0080-505.20, Health and Education Passport (HEP)

0100-502.52, Placement Preservation Strategy, 14-Day Advanced Notice of Placement Changes and the Grievance Review Process

0100-510.46, Out-of-County Placements

0100-520.10, Evaluating a Prospective Caregiver

0100-535.60, Completing the Emancipation Process

0300-303.07, Non-Disclosure Orders

0300-303.15, Writing the Detention Report

0300-503.97, Notice of Replacement Report

0300-506.05, Communication with Attorneys, County Counsel, and Non-DCFS Staff

0500-501.20, Release of Confidential DCFS Case Record Information

0600-501.09, Consent for Mental Health and/or Developmental Assessments and Services

0600-501.10, Medical Consent

0600-502.20, HIV/AIDS Testing and Disclosure of HIV/AIDS Information

0600-506.10, Child Health and Disability Prevention (CHDP) Program

0900-522.00, Home-Based Family Care (HBFC) Level of Care (LOC) Rate Determination / Re-determination

1200-500.90, Model Case Format (MCF)

Statutes

California Department of Social Services (CDSS) Manual of Policies and Procedures (MPP) Division 31-020.3 – Requires DCFS to explain to the parent, legal guardian, or child, his/her right to a grievance review regarding the placement or removal of a child from a foster home and to provide a copy of the grievance procedure regulations.

 

CDSS MPP Division 31, Section 405 – Lists social worker responsibilities for placement.

 

Health and Safety Code (HSC) Section 1536.2 – Discusses suitable placements that will meet the health, safety, and well-being needs of a child and will provide the least restrictive and most family-like environment to serve his/her needs.

 

Welfare and Institutions Code (WIC) Section 308 – Sets forth mandates regarding telephone contact for children who have been detained.

 

WIC Section 352(b) – States, in part, that if a child is removed from a parent/legal guardian's custody, no continuance will be granted that would cause the dispositional hearing being completed more than sixty (60) days after the hearing at which the child was removed or detained.

 

WIC Section 361.2(g) – Discusses placing a child in the county of the child's parents or guardian residence, out-of-county placement and the sending county's responsibility for supervision and visitation of the child.

 

WIC Section 361.2(h) – Addresses out-of-county placements.

 

WIC Section 827 – States that all DCFS case records are confidential and sets forth requirements and exceptions for inspecting and sharing these records.

 

Welfare and Institutions Code (WIC) Section 16001.9 (a)(1-41) - States that all children placed in foster care, either voluntarily or after being adjudged a ward or dependent of the juvenile court pursuant to Section 300, 601, or 602, shall have the rights specified in this section. These rights also apply to nonminor dependents in foster care, except when they conflict with nonminor dependents’ retention of all their legal decision making authority as an adult.

 

WIC Section 16010 – Mandates that the Case Plan for every child in foster care include a summary of the child's health and education information, including his/her mental health, and that this information be provided to the caregiver. The Health and Education Passport (HEP) Binder assists in accomplishing this mandate.

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