W. Va. Code R. § 78-2-11

Current through Register Vol. XLI, No. 37, September 13, 2024

Section 78-2-11 - Transfers and Discharges

11.1. An agency shall develop and implement a procedure for transferring a child from one foster or adoptive home to another within the agency that includes:

11.1.1. Documentation of the circumstances causing the move;

11.1.2. Documentation of approval from the Department and notification to the planning team, as required by W. Va. Code § 49-4-608;

11.1.3. An account of the child's understanding of and response to the transfer; and

11.1.4. A provision that the new foster or adoptive parents, excluding respite, shall be given a copy of the child's current service plan and the child's social, medical, psychological, and school history.

11.2. An agency shall ensure that the planning team develops an aftercare plan not less than three months prior to the planned discharge of a child that includes:

11.2.1. An evaluation of the most recent service plan, identifying the goals and needs that have been met and those that have not;

11.2.2. Identifying the services and resources necessary to meet the needs of the child;

11.2.3. The name, address and telephone number of the person or agency to which the child is to be discharged, if known;

11.2.4. A procedure for transferring information and records about the child to the new program when the child is to be placed in another program upon discharge;

11.2.5. An account of the child's awareness and understanding of his or her aftercare plan;

11.2.6. The signatures of the planning team members and dates they signed the aftercare plan;

11.2.7. Documentation of any disagreement of a planning team member with the child's discharge or aftercare plan; and

11.2.8. The reasons why a member of the planning team is unable to participate in the aftercare planning.

11.3. An agency shall develop and implement a written procedure for a request for removal from the agency's care that are not in the child's service plan. For a request for removal other than an emergency, an agency shall give a minimum of 10 working days' notice of the discharge to the placing worker, or his or her supervisor.

11.4. An agency shall develop and implement a written procedure for emergency discharges that includes the following provisions:

11.4.1. An emergency discharge shall occur only when a child's behavior may present a danger to himself or herself or others or when the foster family experiences a calamity;

11.4.2. The identification of employees designated by the agency to have the authority to assess the child's status and to recommend an appropriate alternate placement;

11.4.3. An agency shall notify the placing worker and the primary case manager of the discharge immediately;

11.4.4. If the agency arranges for an emergency placement, the placing worker and the primary case manager shall be consulted in determining which placement best meets the child's needs; and

11.4.5. An agency shall document the emergency discharge in the child's case record within 24 hours of the discharge.

11.5. On the day of a planned discharge an agency shall document the following information in the child's record:

11.5.1. The return by the agency of the child's personal items, prescribed medication and dosage instructions, and personal records including the child's birth certificate, and social security card; and

11.5.2. The name, relationship to the child, and address of the person or agency receiving physical custody of the child upon discharge, if known.

11.6. Within 30 days of the date of a child's discharge, an agency shall complete a written discharge summary that includes the following information:

11.6.1. The name, address, telephone number and relationship of the person or agency to which the child was discharged, if known;

11.6.2. The date of the child's discharge;

11.6.3. The reason for the child's discharge;

11.6.4. A summary of all services provided during placement;

11.6.5. An account of the child's growth and accomplishments during placement;

11.6.6. A description of the circumstances that led to an unplanned discharge if it is not in accordance with the child's service plan, the actions taken by the agency, and the reasons for these actions; and

11.6.7. The planning team's recommendation for the most appropriate placement for the child.

W. Va. Code R. § 78-2-11