W. Va. Code R. § 78-2-10

Current through Register Vol. XLI, No. 24, June 14, 2024
Section 78-2-10 - Placement Plans and Procedures
10.1. Referrals.
10.1.1. An agency may accept referrals from persons or organizations that have an interest in the welfare, security or treatment of the child and the child's family, and that have authority to make the referral.
10.1.2. An agency may develop and implement policies and procedures for determining if a referral is appropriate for the services the agency offers, and for accepting a voluntary referral from a child or a child's biological parent.
10.2. Intake. An employee designated by the agency shall be responsible for:
10.2.1. Conducting an intake interview with the child, the child's biological parents or guardian, or the foster or adoptive parents to determine the need for services;
10.2.2. Providing orientation to the agency, including an overview of the placement process, the child assessment process, and identifying which agency employee is responsible for each activity;
10.2.3. Coordinating the child assessment process with the child, the child's biological parents, and the placing worker;
10.2.4. Introducing the child and his or her family to the case manager assigned to them by the agency; and
10.2.5. Participating in the service planning process.
10.3. Written Service Agreement. Upon placement of a child, an agency shall develop and implement a written, signed, and dated service agreement between the child's parents or guardian and the agency that shall include:
10.3.1. Specific services to be provided;
10.3.2. A description of the fees or reimbursement;
10.3.3. A list of the planning team members;
10.3.4. Signed consent and authorization forms when necessary for the delivery of services, including to obtain medical and dental care, for travel, for the release of information, and to obtain photographs and audio or video recordings of the child;
10.3.5. Responsibilities of the child, the biological parent or guardian, the primary case manager, the foster parents, or the adoptive parents during the service delivery; and
10.3.6. A description of the conduct or activity by the child or family that may result in the agency's discontinuing services to them.
10.4. Intake Service Plan. Based on the intake interview and available referral information, an agency shall develop an intake service plan within seven days of placement to be signed and dated by the child, if appropriate to his or her age, and the child's biological parent or guardian. The plan shall include:
10.4.1. An initial identification of the child's strengths and service needs;
10.4.2. The objectives of the placement and the agency's plan for meeting them;
10.4.3. Identification of the permanency plan;
10.4.4. Services, assessments, and evaluations that need to be provided prior to the development of the master service plan;
10.4.5. Specific management strategies agreed upon by the agency and biological parents or guardian in handling any known behavioral problems; and
10.4.6. A projected date for the development of the master service plan.
10.5. Child Assessment. An agency shall complete a detailed narrative child assessment prior to developing the master service plan that includes the following information:
10.5.1. A summary of the circumstances that led to the child's referral for placement;
10.5.2. The child's physical description, including a recent photograph;
10.5.3. The child's current strengths, presenting issues, and a summary of the child's history;
10.5.4. Any reported developmental history, including birth and health history, and deviations from the normal range of development;
10.5.5. Any known biological family history and background that provides:
10.5.5.a. A physical description and health history of immediate family members;
10.5.5.b. A description of the biological mother's pregnancy, including prenatal care, nutrition, and use of alcohol or drugs;
10.5.5.c. The formal education and training, functional level, and occupation of immediate family members;
10.5.5.d. The special interests, religious preferences, if any;
10.5.5.e. The relationship of each family member to the child;
10.5.5.f. A description of the child's or family's support system; and
10.5.5.g. Any other significant information that may affect the child's development;
10.5.6. The child's current health status, including records of a current medical examination and immunizations;
10.5.7. The child's education history, including the current level of functioning and if special education service indicated by an individual educational plan (IEP) or 504 Plan;
10.5.8. For any child age 14 years or older, a life skills assessment;
10.5.9. A description of the child's relationships with peers and significant adults outside of the family;
10.5.10. The special interests, achievements, and abilities of the child;
10.5.11. A description of known previous interventions or placements with the child and biological family and their results;
10.5.12. The child's current legal status;
10.5.13. The date and signature of the employee completing the child assessment; and
10.5.14. For emergency placements, a summary of circumstances that describe the immediate conditions that led to the placement and as much information as is available about the child at the time of admission, completed within two (2) working days of admission.
10.6. Match Summary.

An agency shall use an evaluation of the child's needs and strengths and the information provided by the referring entity to develop a match summary that shall be used to place a child with an appropriate family.

10.7. The Interstate Compact on the Placement of Children.
10.7.1. Before placing a child in a foster or adoptive home in another state or accepting a child for placement from another state, an agency shall make the referral through the Interstate Compact Administrator in the Department in accordance with W. Va. Code § 49-7-101etseq. and § 49-7-201.
10.7.2. Before placing a child out of state, an agency shall secure written approval from the Interstate Compact Administrator in the receiving state.
10.8. Preparation of a Child for Placement.
10.8.1. An agency shall prepare a child for a placement, appropriate to his or her age and developmental level.
10.8.2. The agency shall provide information and support to the child as appropriate to help the child understand what the placement process is and what it will mean to him or her.
10.9. Planning Team.
10.9.1. An agency shall utilize a planning team to develop a service plan for a child's foster care.
10.9.2. The planning team shall invite the child as appropriate to his or her level of understanding, the parents or guardian, foster parent, the family's case manager, the placing worker, the child's attorney, professionals working with the child, and other individuals significant in the child's life that have an interest in the child.
10.9.3. An agency shall ensure that any plan developed from the Multidisciplinary Team process assists in the development of the service plan, and any service plan developed by the agency shall not conflict in any manner with the Child's Case Plan.
10.10. Master Service Plan.
10.10.1. An agency shall ensure that within 30 days of placement of a child in foster care, the planning team develops a service plan for each child.
10.10.2. The planning team shall use the child assessment, an evaluation of the child's needs and strengths, and information from the Multidisciplinary Team process to develop the service plan.
10.10.3. The service plan shall include:
10.10.3.a. The child's specific needs and strengths, the plan for meeting or supporting them, the time frame for meeting each need or goal, and the methods of measurement;
10.10.3.b. Any special services to be provided;
10.10.3.c. The nature and frequency of planned respite care, if appropriate;
10.10.3.d. Information about the nature and frequency of the child's contact with his or her family;
10.10.3.e. A description of the child's permanency plan; and
10.10.3.f. An identification of all persons responsible for implementing or overseeing the implementing of the goals, objectives, and services identified in the service plan.
10.10.4. An agency shall ensure that the service plan is signed and dated by the planning team, and a copy given to each member.
10.10.5. When a planning team member is unable to participate, it shall be noted on the signature page of the service plan.
10.10.6. An agency shall ensure that the service plan and subsequent revisions are explained to the child, his or her biological parents or guardian, and the foster or adoptive parents in language that is understandable to them.
10.10.7. If an agency does not ensure that the service plan is explained, the reasons for the lack of explanation shall be documented on the signature page.
10.11. Service Plan Review.
10.11.1. An agency shall ensure that each child's service plan is reviewed by the planning team no less than once every three months.
10.11.2. An agency shall give members of the planning team at least two weeks' notice of the scheduled review, and a copy of this notice shall be placed in the child's record.
10.11.3. The review shall include the following:
10.11.3.a. An evaluation of the progress toward meeting each identified need, goal, and objective;
10.11.3.b. An identification of any new needs, goals or objectives, the plan and time frame for meeting them, the person who will be responsible for implementing them, and the methods of measurement; and
10.11.3.c. Any changes in the estimated length of placement, long range goals, or discharge plans.
10.11.4. The review and updated service plan shall be signed and dated by the members of the planning team and a copy given to each member of the team.

W. Va. Code R. § 78-2-10