Reasonable Efforts - Requirements 624-05-15-15

(Revised 5/10/07 ML #3079)

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Federal law requires that reasonable efforts be made:

• To prevent the unnecessary removal of a child from home (unless it is a situation where reasonable efforts are not required such as due to aggravated circumstances); and

• To make and finalize a permanency plan for the child (whether it is reunification, adoption, legal guardianship, with a fit and willing relative or placement in another planned permanent living arrangement).  

Removal of a child from the child’s home for placement in foster care must be based on judicial findings stated in the court 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 original court order and subsequent court reviews document the agency’s reasonable efforts at the points described above.

 

Reasonable efforts to place a child for adoption, with a fit and willing relative or other appropriate individual as a legal guardian including in-State and out-of-state placements, 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.

 

Interstate Placement Considerations

The Safe and Timely Interstate Placement of Foster Children Act of 2006 (Public Law (P.L.) 109-239, effective 10/1/06) modifies the existing Title IV-E State plan provisions related to reasonable efforts to specifically require a State to:

• Consider interstate placements in permanency planning/Foster Care Child & Family Team Meeting  decisions when appropriate;

• Consider in-State and out-of-State permanent placement options at permanency hearings; and

• Identify appropriate in-State and out-of-State placements when using concurrent planning.