Responsibilities of the Custodian 624-05-12

(Revised 7/1/2024 ML 3844)

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Children in foster care are under the custody of a public agency (Human Service Zone, Division of Juvenile Services, or a Tribal Nation), referred to as the “custodian”. The custodian is responsible to manage the case activity and engage the parent/s to achieve permanency as timely as possible. There are many required duties assigned to the custodian, responsibilities include, but are not limited to:

  1. Follow the state policy chapters 623-05 Foster Care Maintenance, 624-05 Foster Care Permanency, 607-05 Child Welfare Practice Model and other policy chapters relevant to each case which may include 619-01 Interstate Compact, 624-10 Chafee Transition, 617-10 Subsidized Adoption or 623-10 Subsidized Guardianship, etc.).
  2. Seek to determine if ICWA is applicable to the case.
  3. Ensure court orders contain the appropriate and required language.
  4. Facilitate ongoing communication with the assigned local states attorney for timely filing of affidavits to the ensure timely petitions are filed for required hearings.
  5. Authorize releases of information, where applicable.
  6. Approve requests for law enforcement or child advocacy center staff to interview or question a child, including instances where the child is a subject of a sexual abuse investigation.
  7. Facilitate quarterly Child and Family Team meetings by inviting pertinent parties to review and develop an agreed upon case plan for the child and family.
  8. Engage in ongoing communications to update the child’s parents and foster care provider on child status, court action, case plan goal achievement, etc.
  9. Assess and address the needs of the child, child’s parents and foster care provider ongoing.
  10. Facilitate monthly face-to-face visitation with the child in their placement location.
  11. Manage medical needs of the child, when required schedule appointments and notify providers and parents of the appointments.
  12. Authorize treatment for medical emergencies, surgeries, and hospitalizations.
  13. Approve all psychological or psychiatric testing and evaluations.
  14. Complete and document ongoing relative search efforts to identify placement options. See chapter 624-05-15-50-22 Relative Search
  15. Educate relative caregivers of the option to become a licensed foster care provider or apply for a TANF Kinship Care (child only) to help offset costs.
  16. Arrange for a least restrictive, most appropriate placement setting.
  17. If child is in facility placement (QRTP or PRTF) and if a Transition Plan Agreement is needed as a part of appropriate discharge planning, facilitate completion of the Transition Plan Agreement using the guidance provides. See 624-05-30-30
  18. Transport the child and introduce him/her to their foster care provider. Bring the child’s belongings, complete an inventory and track the items. Anything purchased for the child in foster care remains with the child and must be added to the inventory. If a new placement occurs at a later date, all personal items must accompany the child.
  19. Resolve concerns that may arise in the child’s placement setting, seek assistance from supervision to identify solutions or alternative planning.
  20. Request a QRTP assessment for residential treatment, when applicable. If approved, immediately begin planning for discharge upon admission and track timelines of the QRTP approvals as well as placement maximums.
  21. Manage ongoing issues or concerns surrounding family or child crisis.
  22. Approve all requests for substitute care.
  23. Facilitate planning for support services or respite needs for the child.
  24. Approve and arrange for visitation with family and friends as determined appropriate.
  25. Educate the foster care provider on “normalcy policy” and what circumstances the custodial agency grants the provider decision making authority vs when they need to ask the custodial case worker for permission.
  26. Authorize participation in sponsored educational or recreational activities.
  27. Authorize participation in family events.
  28. Authorize participation in religious education, church sponsored activities or significant religious ceremonies (baptism/confirmation).
  29. Authorize participation in events with life changing consequences (marriage, enlistments, etc.).
  30. Authorize participation in high-risk activities (horseback riding, hunting, driving farm/yard equipment, operating water equipment, etc.).
  31. Authorize participation to obtain a driver’s permit or license. Application of a minor for an operator's license may be authorized by an individual who is willing to assume the obligation imposed under NDCC 39-06-08.
  32. Approve a child in foster care's employment activities.
  33. Authorize the child's ability to engage in any media advertisements or publications including those for adoptive home recruitment.
  34. Authorize all out-of-state travel.
  35. Communicate regularly with the appointed school district foster care liaison to inform the school of the child in foster care's status, as well as collaborate or pre-plan when there may be a placement change that relocates the child to a new school.
  36. Participate in development of Individual Education Plans.
  37. Monitor the age of the child and ensure policy requirements specific to age 14, 16 and 18 are met (proper introduction of youth rights, transition planning, independent living referrals, need for health care directives and more).
  38. Ensure all file documentation requested by the Department is provided timely when a foster care case is selected for a quality assurance case file review.
  39. Manage case plans until permanency is achieved. When adoption is the selected permanency goal, case managers must also:
    1. Complete a timely referral to AASK when there is a plan for termination of parental rights,
    2. Approval of the pre-adopt placement,
    3. When adoptive home selection occurs for adoption finalization, case worker must concur with the adoptive home selected. There are times when conflicting opinions will exist on Child & Family Teams. The goal is to resolve all conflicts at the lowest possible level. If issues cannot be resolved during the Child & Family Team meeting, the case worker, and local supervisor may be asked to assist in reaching an agreeable resolution. If no resolution can be achieved, the foster care case worker may request conflict-free resolution and consultation with another Zone office. If resolution cannot be accomplished on the local level, the case may be referred to Children and Family Service.
  40. Provide a discharge plan, list of appointments, education and medical contacts, detailed information surrounding safety planning and all other pertinent documentation including a signed SFN 1612 for each child that exits your custodial care.

 

In addition to duties for permanency planning, the foster care case workers have the responsibility to ensure accuracy for data and child payment, which includes, but is not limited to:

  1. Engage with the parent/guardian to complete required initial foster care eligibility paperwork in full (no blanks). The initial eligibility full kit includes:
  1. Copy of the child’s initial shelter care/removal court order,
  2. Copy of any additional court orders since removal,
  3. SFN 630,
  4. SFN 641, and
  5. SFN 45.
  1. Assess irregular payment needs, approve expenditures with providers for a clear understanding of coverage and track annual maximums for each child.
  1. Maintain ongoing contact with the CFS Eligibility Unit and the eligibility worker assigned to the case. Scan/email cfsfcsaunit@nd.gov items such as:
  1. Initial eligibility determination full kit within 15 working days of removal,
  2. Change notices (SFN 45) within 2 working days,
  3. Court orders within 2 working days,
  4. Receipts and child care invoices on behalf of foster care providers within 2 working days of receipt to ensure timely reimbursement to providers,
  5. QRTP invoices/bills within 2 working days, and
  6. Out of state provider invoices/bills within 2 working days.
  1. Enter data into FRAME (with the exception of Tribal case workers who must forward the relevant information to the Field Service Specialist and CFS Eligibility Unit to enter). Pertinent data entry into FRAME includes:
  1. Registering a foster care case; family unit members, case details, school information, medical information, etc.
  2. Entering relationships for family unit members for child support referrals,
  3. Opening the service period and foster care program dates, Assigning foster care case worker,
  4. Updating case management details such as team meeting notes, NYTD independent living services, and monthly face-to-face visitation,
  5. Updating legal details including court orders, youth rights and 18+ agreements,
  6. Updating care plan dates,
  7. Updating placement details including permanency goals, relative searches, group home approval requests,
  8. Seeking QRTP/PRTF placement approvals, when needed to ensure proper payment,
  9. Close the FRAME case within 30 days of custody ending.
  1. When applicable, offer and seek respite. All respite funding is managed outside of the CFS FCSA Eligibility Unit by the Field Service Specialist.
  2. Seek ND Medical Provider status for all out of state placements to ensure financial coverage. Any medical overages not paid by ND Medicaid are the responsibility of the custodial agency.
  3. If a child in foster care is medically fragile or in need of ongoing medical attention, assist providers in applying for a ND Medical Transportation Provider through ND Medicaid, if needed. The application can be found online. Foster care provider would want to enroll as a Non-Emergent Medical Transportation (NEMT) provider.
  1. Help Center/Customer Support = 866-614-6005
  2. Email = dhsmed@nd.gov
  1. When applicable, apply for social security benefits on behalf of a child. For a child that is placed in foster care and in receipt of social security benefits, the custodial agency must apply to become the organizational payee on behalf of the child if the family is uncooperative. It is recommended that a designated worker within the custodial agency be responsible for this function.
  2. When applicable, monitor child support payments received at the agency. The zone must follow up with Child Support as to the reason a payment is received directly and where the benefits should be applied (ex: medical, sub-adopt, foster care arrears or overpayment).
  3. When applicable, act to resolve any issues where a child has an interest in a trust, inheritance, or gift. Approve the commitment of a significant amount of the child's funds, unless there has been a conservator of the child's estate appointed.
  4. When applicable, approve any loan, credit card applications, or checking accounts sought or created by the child (most likely 18+ cases).