Reasonable Efforts - Requirements 447-10-25-10

(Revised 11/1/10 ML #3249)

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PI 17-23

 

 

Federal child welfare requirements and North Dakota law requires “reasonable efforts” findings: to prevent the removal of the child from the home (or reasonable efforts were not required such as in the case of aggravated circumstances), to place siblings together and/or maintain family connections, and to make and finalize a permanent plan for the child.

 

Removal of a child from the child’s home for placement in foster care must be based on judicial findings stated in the court’s order, and determined on a case-by-case basis in a manner that complies with the requirements of Titles IV-B and IV-E of the Social Security Act [42 U.S.C. 620, et seq., and 42 U.S.C. 6701, et seq.], as amended, and federal regulations adopted thereunder. These regulations require that the initial court order and subsequent court reviews document the agency’s reasonable efforts as described above.

 

Reasonable efforts to place a child for adoption, with a fit and willing relative or other appropriate individual as a legal guardian, or in another planned permanent living arrangement, may be made concurrently with reasonable efforts to return the child safely to the child’s home. In fact, sometimes timely permanent placement cannot be achieved unless concurrent planning occurs, and only concurrent planning can avoid inappropriate extension of the child’s unsettled status. In these situations, concurrent planning is not an option, but a mandate for the agency.