Reasonable or Active Efforts 624-05-15-15

(Revised 1/15/21 ML #3606)

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Child welfare agencies are required to demonstrate that reasonable or active efforts have been made to provide assistance and services to prevent the removal of a child from his/her home and to make it possible to be reunited timely with his/her family. Reasonable and active efforts are intended to support and document agency efforts to engage with families, maintain family connections, offer services and ultimately justify that the decision to remove a child from their home was made with the greatest care for the child’s safety.

 

The agency shall provide a variety of services and resources to preserve the child’s family and prevent inappropriate removals. The agency shall ensure the removal occurs only after reasonable or active efforts to engage the family in services to improve conditions have been provided and failed, offered and refused, or when there is a clear danger to the physical and emotional well-being of the child.

 

Active efforts are best practice for all foster care cases, but active efforts are only required for cases where ICWA applies and it is known that the child is an Indian child, enrolled or enrollable. The parents of the child cannot opt out of ICWA requirements; however, parents can provide feedback and desired decision making while actively engaging with the case manager. When ICWA does apply, case managers are to involve the Tribe immediately to notify and engage in planning, discuss possible solutions, and promote reunification as soon as imminent danger or risk has been eliminated.

 

Reasonable vs. Active Efforts ~ examples include, but not limited to:

 

Reasonable Efforts Active Efforts
Referral for Substance Abuse Treatment Identify with parent/s any barriers to begin treatment (transportation, childcare, employment, etc.) Together complete the appointment/scheduling and referral/admissions paperwork.
Case management – meetings, visitation, updates to case plan Proactive and diligent engagement with parents, consistent monitoring of and follow-up to support case goals and tasks; including ongoing telephone calls/text, face-to-face visitation with parent/s and social supports relevant to the case plan.
Standard case plan goals Meet with the parent/s and Tribe’s ICWA Coordinator to discuss meaningful goals and tasks to aid in successful and timely achievement of the case plan.
Referral for parenting class Review the list of available classes in the area, select a culturally appropriate session, identify with the parent/s any barriers to attend, assist in registering for the class and provide or arrange for transportation as needed.
Referral for economic assistance to provide financial help to parent/s Meet with the parent/s to complete the online application for assistance and support the parent to call and follow-up on the application status.
Referral to individual therapy once per week to address mental health needs of the parent Review the list of available therapists and behavioral health resources in the area, assist in appointment scheduling, transport the parent to his/her first appointment and maintain contact with the parent and service provider ongoing.
Document the child is eligible for enrollment with a Tribe Engage with the parents to identify Tribal connections, contact the Tribal office and take necessary steps to secure tribal membership for an eligible child.
Placement of the child is made to an available foster home. Review of ICWA placement preferences, meet with parent/s to discuss family options, identified relatives or available foster parents to ensure culturally appropriate placement.
Tribal engagement by emailing meeting or hearing notice and case plan updates. Send regular informal emails or make phone calls to update the Tribe of case status using the ICWA Inquiry or Case Status form.

 

If removal is warranted, the court shall consider whether services to the child and family were:

  1. Relevant to the safety and protection of the child,
  2. Adequate to meet the needs of the child and family,
  3. Culturally appropriate,
  4. Available and accessible,
  5. Consistent and timely, and
  6. Realistic under the circumstances.

Removal of a child from the home 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 Social Security Act 42 U.S.C. 620, 42 U.S.C. 6701 and 25 U.S. Code CHAPTER 21. These regulations require the initial court order and subsequent court reviews document the agency’s reasonable or active efforts.

 

Federal law requires judicial determinations of reasonable or active efforts be made:

  1. To prevent the removal of a child from their home;
  2. To finalize a permanency plan for the child within 12 months of the date the child is considered to have entered foster care and every 12 months thereafter;
  3. To maintain family connections; and
  4. In the case of siblings not placed together, to provide for frequent visitation or interaction, unless this would be harmful to any of the siblings. A review of the efforts and such findings must made at each hearing.

Interstate Placement Considerations

The Safe and Timely Interstate Placement of Foster Children Act of 2006 (Public Law (P.L.) 109-239 requires reasonable efforts to: