3.1.3 Initial Parental Involvement - First 24 Hours

1. Why child is to continue in protective custody.
2. The child will be placed outside their home on at least a temporary basis and will not return home until his/her safety can be assured.
3. If applicable, a formal request for legal custody with the family/juvenile court is being filed.
4. The court may/may not hold a protective custody/detention hearing.  The purpose of the protective custody/detention hearing is to determine:
   1. Whether the parents have been informed of their legal rights,
   2. Whether the petition contains a reason for the court to assume jurisdiction,
   3. Whether the child should remain in placement or be returned to the parent's physical custody until the adjudication hearing (Supreme Court Rules 111.02 and 111.08);
      1. In some judicial circuits protective custody/detention hearings are automatically held within 72 hours.  The local hearing procedures are then explained to the parent.
      2. If the judicial circuit does not automatically hold a protective custody/detention hearing, the parties may request a protective custody/detention hearing if they disagree with placement.
5. If the child remains in the custody of CD, a treatment plan will be developed with the family to address their needs and what will need to be accomplished for the child to return home.
6. A family Children’s Service Worker will be assigned to assist the family in developing the plan.

The family Children’s Service Worker will be contacted/assigned immediately, according to local procedures.

Within 24 hours of the child being taken into protective custody, the intake worker and the family Children’s Service Worker will meet the parents and child and initiate the CD-14 and CD-14A.  If not appropriate to have the child and parents together, the family Worker shall meet with each party individually.

The purpose of this meeting is to provide the parents/caretakers and child with as much information as possible about what will be happening with their child and to engage them in the decision-making process.  (Continuous parental involvement throughout the child's placement is significant in early and successful reunification.)  It is important to remember that the majority of families do not voluntarily seek assistance from the Division.  The family may view the Children’s Service Worker as an unwelcome intrusion into their life.  The family's perception may manifest itself in a wide range of behaviors, i.e., defensiveness, hostility, resistance and ambivalence.  It is imperative that the worker examine the underlying cause of the behavior and understand that the family's reactions may be normal in view of the circumstances.  The worker should try to put themselves in the family's position and think about how they might react in similar circumstances:

1. The family Children’s Service Worker explains his/her role as helper to the family.  The worker will initiate the CD-14 and CD-14A.  The worker will assist the family to identify and resolve those issues which lead to the out-of-home placement of their child by discussing:
1. The family's strengths, (experiences, behaviors, values);
2. The needs of individual family members;
3. How the family has managed up to the time of intervention including what worked and what did not work;
4. Their perception of their cultural identity;
5. Resources available to the family; and
6. What must change before the child can safely return home.

This introductory contact between the family Children’s Service Worker and family is the foundation for establishing a team with common purpose and goals.

As with any other team member, the parent and child must feel that they are a part of the solution rather than simply complying with the mandates of others.

2. The family Children’s Service Worker explains that the family (parents/child) will be a member of a Family Support Team.  He explains that the purpose of the team is to assist the family to determine their strengths and needs and what type of plan is necessary for the child to return home.  He explains team membership and individual roles and responsibilities with the team as follows:
1. Family (parent/child) - To inform other team members of the individual strengths and needs of family members.  To assist in the identification of resources which compliment rather than duplicate family actions.
2. Family Children’s Service Worker - To assist the family to identify issues which contributed to the child's out-of-home placement and access resources needed to address those issues.  To facilitate team meetings and coordinate the treatment plan.
3. Family Children’s Service Worker Supervisor - To assist the family worker and family to identifying issues of concern and resources needed to address those issues.
4. Out-of-Home Placement Provider - To provide for the child's day-to-day care, assist the parent in resuming care for their child(ren), serve as possible role model/mentor to parents, and inform the team of the child's needs, accomplishments, and behavior.
5. Treatment Providers - To provide treatment for the parent and/or child and advise the team of the parent and/or child's response to the treatment.
6. Guardian Ad Litem and/or CASA - To represent the legal rights and best interest of the child(ren) in court proceedings.
7. Parent's Attorney - To represent the legal rights of the parent in court proceedings.
8. Juvenile Officer - To represent the family/juvenile court and interpret the law and expectations of the court for the parent and child and other team members.
9. School Personnel - To provide an appropriate education for the child and advise the team of the child's level of functioning in the educational system.
10. Natural Helper (Individual selected by the parent) - To advocate for and assist parent in accessing needed resources.

All members of the Family Support Team should be invited to attend meetings.  However, not all members will attend each meeting.

The family (parent/child), family Children’s Service Worker, and placement provider shall serve as core members of the team.  All Family Support Team members make recommendations to the court through the family worker.

3. The family Children’s Service Worker explains the format and procedural rules for the team meetings which include the following:
1. Each team member will have an equal voice and opportunity to share their views and ideas.
2. Decisions regarding the family and child will be mutually agreed upon by the Family Support Team.  There may be times when not all team members are in agreement.  In those situations, the team will have to make a recommendation based upon what is in the child's best interests.
3. The first meeting of the team will occur within 72 hours of the child being placed in protective custody.  At the 72 hour meeting the team will develop at CD-14B Written Service Agreement that will cover the first 30 days after the child(ren) placement in out-of-home care.   A second meeting will occur within 30 days at which time the team will develop the CS-1, Case Plan/Written Service Agreement.  Subsequent meetings may be limited to core team members and will be held every 30 days, or more often if necessary, until the adjudication hearing is held, and as necessary thereafter.  The purpose of these meetings is to assess progress and to determine if:
1. Initially, what plan is necessary to effect the changes needed for the child to return home;
2. Revisions to the treatment plan are necessary to meet the needs of the family; or
3. The parents have successfully fulfilled the treatment plan and are prepared to resume proper and safe care of their child.

Every effort shall be made to schedule the meetings at a time and location accessible to the parents.  However, if parents refuse to participate, case plan development and/or reviews should continue by the other core team members at a minimum.

4. The family Children’s Service Worker continues the assessment process by:
1. Listening to the family's perception of the presenting problems/issues;
2. Obtaining information regarding the family's history, perceived boundaries, strengths and weaknesses through the use of genograms, ecomaps, timelines and other assessment techniques utilized in the CD-14 and CD-14A;
3. Determine the special needs of the child including:
1. Unique characteristics including endearing qualities, talents, hobbies, personality traits;
2. Health conditions, allergies, or other factors that would require special consideration in placement of the child;
3. The child's school, grade placement and level of functioning or special service needs; and
4. Special cultural, ethnic and/or religious factors that need to be considered in placement.  The family should be asked if they are of American Indian heritage because of the special requirements that may apply due to the Indian Child Welfare Act of 1978 P.L. 95-608.

Related Subject:  Section 4, Chapter 19  Special Populations – Native American and Refugee

5. The family Children’s Service Worker shall give the parent/caretaker the Child/Family Health and Developmental Assessment (CW-103) and Financial Statement For Parents of Children in the Children’s Division Alternative Care (CS-99).  These forms should be completed and brought to the 72-hour meeting along with the child's birth certificate, immunization records, security card and special school information.
6. The family Children’s Service Worker shall arrange to meet with the family prior to the 72-hour team meeting to continue the assessment process.
7. The family Children’s Service Worker shall continue to evaluate parent's progress toward resolving issues which contributed to out-of-home placement.

Chapter Memoranda History: (prior to 1/31/07)

CS03-51, CD05-72, CD06-81

Memoranda History: