Specified Caregiver - Alternate Permanency Placements - Changes 623-05-20-65

(Revised 1/26/07 ML #3051)

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The Adoption and Safe Families Act (ASFA) regulations effective March 27, 2000, require a significant change in practice related to long-term foster care. The changes are consistent with discouraging the use of long-term foster care, and the preference for another permanency arrangement for the child such as adoption or guardianship. Throughout the new federal regulations related to ASFA, you will note reference to “another planned permanent living arrangement,” and few, if any references to long-term foster care.

 

The Supplementary Information to the federal regulations issued January 25, 2000, clarifies that it is not permissible for courts to extend their responsibilities to include ordering a child’s placement with a specific foster care provider. The child’s placement and care responsibility must be with a public agency (the State agency or another public agency with whom the State agency has an agreement).

 

Once a court has ordered a placement with a specific provider, it has assumed the State agency’s placement responsibility.

 

The terminology regarding “dispositional hearing” has  been replaced in ASFA at 475(5)(c) by “permanency hearing.” The requirements at 475(5)(c) require a permanency hearing no later than 12 months after foster care entry, and not less frequently than every 12 months thereafter,” which hearing shall determine the permanency plan for the child that includes whether, and if applicable, when the child will be returned to the parent, placed for adoption and the State will file a petition for termination of parental rights, or referred for legal guardianship, or (in cases where the State agency has documented to the state court a compelling reason for determining that it would not be in the best interests of the child to return home, be referred for termination of parental rights or to be placed for adoption, with a fit and willing relative, or with a legal guardian) placed in another planned permanent living arrangement. . . .”

 

1356.21(h)(3): Federal Regulation effective 3/27/2000

 

If the State concludes, after considering reunification, adoption, legal guardianship, or permanent placement with a fit and willing relative, that the most appropriate permanency plan for a child is placement in another planned permanent living arrangement, the State must document to the court the compelling reason for the alternate plan . . . . The requirement for the 12-month permanency hearing (and every 12 months thereafter) applies to the child “in another planned permanent living arrangement.”

 

Children entering “another planned permanent living arrangement”:

When other options such as reunification, adoption, legal guardianship, or permanent placement with a fit and willing relative have been ruled out, and it is concluded that “another planned permanent living arrangement” is  the most appropriate plan for the child, the agency must document to the court the compelling reason for the alternate plan.

 

The child’s case plan along with the “compelling reasons” document must be available to the court for review during the next permanency hearing.

 

Foster Care Child and Family Team Meeting Requirements:

The quarterly permanency planning reviews now apply to all children in foster care, including those in “another planned permanent living arrangement” (such as long-term foster care).  This will ensure that the placement is reviewed and the case plan kept up-to-date for the court’s yearly review at the 12 month (or sooner) permanency hearing.