Reasonable or Active Efforts - Preventing Removal 624-05-15-15-20

(Revised 1/15/21 ML #3606)

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Reasonable or active efforts to prevent out of home placement results in a unique set of community services and supports individualized for the child and family. The agency involved must make reasonable or active efforts to identify the least restrictive methods of care and services to benefit the family. The agency must assess and address the family's strengths, needs, risks and safety. Reasonable or active efforts may include documentation of Family Preservation Services designed to help families alleviate crises that could lead to out-of-home placement of children while maintaining the health and safety of children in their own homes.

 

ND law requires the reasonable or active efforts judicial determination is made in the initial court order. However, if the judicial determination is not obtained or is a negative finding, the agency has 60 days to gain a reasonable efforts findings per federal eligibility standards for foster care reimbursement. The case becomes reimbursable effective the 1st day of the month in which the judicial determination is obtained. The agency must document reasonable or active efforts to prevent placement removal in a formal case plan. This documentation may include:

1. Evidence of involvement with the agency through a treatment plan or permanency case plan describing efforts to prevent out of home placement.
2. Any other evidence of Family Preservation Services planned and/or provided, including:

• In home program case management
• Parent Aid Services
• Respite
• Mental Health Services
• Drug and Alcohol Addiction Evaluation and Treatment Services
• Psychological/Psychiatric Evaluation and Services
• Child Care Services
• Crossroad Program for Minor Parents
• Sexual Abuse Treatment
• Case Management for children with severe emotional disturbances

Authorizations or reports of other services provided to the parent or child.

In efforts to minimize payment error, offer compliance with regulations as well as clarity to the case; the agency must provide the evidence of reasonable or active efforts to prevent removal to the court during the initial hearing, also referred to as the shelter care hearing. In addition, the agency and must seek to assure that the court record reflects the judicial finding with respect to such efforts.

 

Court Order Active Efforts Example:

• Active efforts have been made to prevent the need to remove the child from the parental home by the agency. It was described in detail that prior involvement from the agency included efforts such as:
  • Coordinated, transported and provided mental health services for the parent and one of the three children;
  • Facilitated doctor appointment scheduling, which included medication management for one child and the parent;
  • Coordinated and engaged in weekly meetings with the parent and school; including two classroom teachers and the special education coordinator to discuss the educational needs of the children;
  • Developed a detailed safety plan specific to impending danger threats and parental capacities to ensure safety of the children in the home, through the social supports of local relatives; and
  • For the past four months, the agency has provided full In-Home case management to the family in the home, arriving onsite three times per week to engage and support mom in basic home management skill development (education on daily living, household budgets, establishing a family routine, monitoring a calendar of appointments and medication, while reviewing healthy boundaries.

 

Emergency Removals

Foster care case managers provided an emergency removal case shall engage the parent/s to identify a family member or friend available and appropriate to care for the child/ren in the emergency situation. Engagement may include developing a genogram or list of close contacts, relationship status to the individuals, Tribal affiliation as well as wishes of the parent/s. Cooperation from parent/s is not always possible, but a judicial determination remains required even for an emergency removal. Court order language to support agency efforts in an emergency may look like:

• Active efforts were made to prevent the removal of the child through assessment of imminent risk and safety of the child and knowledge of the family from previous case planning. Given the emergency situation, parental caregivers were not willing to provide updated contact information, however the agency continually engaged the parent to offer support with law enforcement and seek clarity from the parent regarding their desired wishes for placement of the children while the parent was temporarily incarcerated. Immediate removal was necessary and in the best interest of the child at that time, however since removal, further engagement with the family has occurred and relative caregivers have come forth to support the child. The agency continues to engage with the parent (mom) weekly, provide transportation to mental health appointments, and ensure she receives medication management and in-home support until reunification can occur.