Reasonable Efforts - Preventing Placement - Documentation 624-05-15-15-20

(Revised 10/15/12 ML #3341)

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Whenever a child is removed from the home, federal regulations require a judicial determination whether reasonable efforts to prevent placement were made. This reasonable effort determination must appear in the court’s removal order.

 

To support this judicial determination and to document reasonable efforts to prevent placement, the agency must organize and maintain its documentation of such reasonable efforts in the permanency plan. This documentation includes:

  1. Any case plan, treatment plan, or permanency plan which describes efforts to prevent placement.
  2. Any other evidence of Family Preservation Services planned and/or provided, including:

 

  1. Authorizations or reports of other services provided to the parent or child. Also refer to Wraparound Case Management, NDDHS 641-25, Case Recording/Documentation.

 

The agency must provide the evidence of reasonable efforts to prevent placement to the court for the first placement hearing, and must seek to assure that the court record reflects the judicial finding with respect to such reasonable efforts.

 

Reasonable efforts to prevent placement may not be required for certain cases as described in section 05-15-15-05. If there are “aggravated circumstances” or if the rights of the parent have previously been involuntarily terminated for another child, the agency must bring these points to the court’s attention at the first placement hearing, and must seek to assure that the court record document the judicial finding that reasonable efforts to prevent placement are not required for these reasons.

 

Note that when the court makes a finding that reasonable efforts are not required, a permanency hearing in court must be held within 30 days of this determination, unless the requirements of the permanency hearing are fulfilled at the hearing in which the reasonable efforts determination was made.