QRTP - Court Involvement 624-05-20-18

(NEW 1/15/21 ML #3606)

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PI 21-22

 

 

Federal regulations require the Qualified Individual to provide notification to the designated court of jurisdiction. Ascend is required to contact the court directly.

 

State Court Cases, Ascend will:

  1. E-file documentation using the child’s court file number provided on the Universal Application (SFN 824),
  2. Submit the Universal Application; and
  3. Submit Assessment Report – detailing the decision of approval or denial for a QRTP.

Tribal Court Cases, Ascend will:

  1. Email the assessment report and completed Universal Application (SFN 824) to Tribal Court.

State Juvenile Court Review Process:

The North Dakota Juvenile Court administrative review process will require a Juvenile Court Director or designee to complete and file QRTP review documents in the child’s court file. Federal regulation allows up to 60 days for court approval for placement into a QRTP; however, North Dakota Juvenile Court has shorter timeframes and will be alerted when the Ascend QRTP assessment report is e-filed.

 

The Juvenile Court Director or designee must:

  1. Consider the assessment, determination, and documentation made by the Qualified Individual conducting the assessment;
  2. Determine whether the needs of the child can be met through placement in a family foster home or, if not, whether placement in a QRTP provides the most effective and appropriate level of care for the child in the least restrictive environment and whether that placement is consistent with the short- and long-term goals for the child; and
  3. Review and provide a letter of approval or denial to the custodial case manager.

If the Qualified Individual has denied placement of a child into a QRTP, North Dakota Juvenile Court will not take further action. Any party to the case may request a review hearing, it is possible the Ascend Qualified Individual could be subpoenaed to detail rationale as to why the QRTP denial occurred. The option to request a review hearing is available to any party to the case per state law.

 

If the Juvenile Court Director reviews the QRTP assessment report indicating an approval and has further questions regarding the case, placement or permanency plan, the Juvenile Court Director has the authority to contact the custodial case manager directly in efforts to receive additional information to finalize the court administrative review.

 

Court Orders ~ QRTP Placements

NDCC 27-20 grants care, custody and control of a child to a public agency. The agency has the authority to seek placement options to best meet the needs of the child. The flexibility in court orders granting placement and care authority allows custodians to move a child quickly and efficiently from one provider to another without going back into a court hearing. The QRTP approval requirement by a Qualified Individual is a federal mandate (FFPSA PL 115-123) to restrict congregate/residential placements as ongoing options to children in foster care. The QRTP level of care was required by the federal government as a short term intensive, trauma informed treatment option to support case planning and child needs. Title IV-E federal foster care regulations prohibit specifying a provider in a court order. Court orders shall not indicate specific language related to the decision of the QRTP approval/denial process.

 

Case managers will want to ensure the affidavit offers flexibility to the agency regarding level of care in efforts to move the child when appropriate without going back to court for permission to place or discharge a child from a placement.