Chapter 2 : Section 8

Team Decision Making

Policy

The Department will convene the applicable type of Team Decision Making (TDM) meeting under the following circumstances:

Safety TDM:

The decision to be addressed at a Safety TDM meeting is whether the child can be safe in any way other than an out-of-home living arrangement.

The meeting prompts and timeframes for holding meetings are as follows:

  • the next business day after a determination has been made that the child is unsafe due to present danger;

  • the next business day after the Family Functioning Assessment has been completed and a determination has been made that the child is unsafe due to an impending danger threat;

  • a parent or guardian has signed a Voluntary Placement Agreement (CSO-1043);

  • within no less than 30 days from the expiration of a 90-Day Voluntary Placement Agreement, and/or upon the parent, guardian and/or custodian's request to rescind the Voluntary Agreement, unless the Department has determined the child is safe;

  • the next business day after a court has ordered a child into the custody of the Department; or

  • on a case-by-case basis when a previously developed present danger plan or safety plan may be insufficient to control the danger threat(s), and circumstances indicate that a more restrictive plan is needed to control the danger threats.

A Safety TDM meeting is not required when:

  • A Temporary Custody Notice (TCN) has been served for no more than 12 hours, to obtain an examination of a child as described in A.R.S. 8-821;

  • a Safety TDM meeting was previously held due to a determination of present danger, and at the conclusion of the Family Functioning Assessment the present danger plan remains sufficient to control identified impending danger threats and will become the safety plan with no changes to safety actions; or

  • only DCS staff and service providers are present for a scheduled TDM.

Placement Stability TDM:

The decision to be addressed at a Placement Stability TDM meeting is whether the current living arrangement can be stabilized by better meeting the child and caregiver’s needs, or how the planned living arrangement can be supported to meet the child’s and caregiver’s needs.

The meeting prompts and timeframes are as follows:

  • at the first sign of but no later than three business days from the time it is known that there is potential for disruption of the child's out-of-home living arrangement;

  • within one business day after an unplanned change in living arrangement has occurred for a child in out-of-home care;

  • prior to when a change from one living arrangement to another occurs, including changes to a less restrictive setting (example: a caregiver match has been found through the Placement Administration or Fostering Sustainable Connections); or

  • within one business day when a child returns from an unplanned absence, such as a return from a runaway episode, if not returning to the prior living arrangement.

A Placement Stability TDM meeting is not required when:

  • a child is served through a Child and Family Team (CFT) and the caregiver concerns can be addressed by the CFT; or

  • any planned living arrangement is made through a CFT.

Permanency TDM:

The decisions to be addressed at a Permanency TDM meeting areis whether reunification can occur, if the child can return home with or without a safety plan, or if a permanency goal change needs to be considered as an alternative to reunification.

The meeting prompts are as follows:

  • a child will begin the reunification transition to their family and an in-home safety plan is not necessary because the child has been assessed as safe;

  • when conditions for return have been met; or

  • a permanency goal change under consideration.

Procedures

The purpose of a TDM meeting is to partner with the family in decisions about the safety, stability, permanency and well-being of a child at critical points in a case. See Team Decision Making Protocol. The meeting is a collaboration between the Department, parents, guardians and/or custodians, child(ren), extended family and kin, family support persons, and service providers.

All Team Decision Making meetings will be led by a trained TDM Facilitator. The Facilitator’s role is to guide the group discussion in a manner that helps participants understand the situation that prompted the TDM meeting, and allows for all participants to share concerns and strengths related to the current situation. In addition, the Facilitator will seek ideas from the team that are in the best interest of the child and result in the least restrictive, least intrusive living arrangement that maintains child safety, placement stability and permanency. The Facilitator will use a consensus-based approach in order to reach a final decision, however, when consensus cannot be reached, the Department has the responsibility to make the final decision.

The TDM Facilitator will conduct the meeting according to the guidelines in the Team Decision Making Protocol, and engage all team members to review and provide input into the following decisions and/or recommendations:

  • Safety TDM meeting:

    • the child’s living arrangement, including recommendations for a present danger plan that is immediate, sufficient and least intrusive, or a safety plan that is sufficient, least intrusive and sustainable;

    • the conditions for return if an out-of-home safety plan will be implemented, including input from the team about how the conditions for return can be met; and

    • the level of authorized contact and visitation between child and parent, guardian and/or custodian, and child and any siblings in out-of-home care, if applicable.

  • Placement Stability TDM:

    • a plan to determine which supports and/or services are needed in order to stabilize the living arrangement;

    • a plan for respite or another alternative short-term caregiver, and transition planning between the caregivers;

    • when the living arrangement cannot be stabilized, a plan to transition the child to a new living arrangement;

    • if conditions for return have been met, a plan to transition the child home; and

    • a plan to move the child to a less restrictive living arrangement (example: congregate care setting to kinship caregiver).

  • Permanency TDM:

    • a reunification transition plan when the child has been assessed as safe;

    • a reunification transition plan when conditions for return have been met, the child is still assessed as unsafe, and will tansition home under an In-Home safety plan that will manage dangers in the home; and

    • the recommended permanency goal when a change may be recommended to the court.

Roles and Responsibilities

The family, DCS Specialist/OCWI Investigator, Program Supervisor/OCWI Manager, and TDM Facilitator are all responsible for ensuring decisions and recommendations made during the TDM meeting sufficiently address child safety. However, the final decision regarding whether or not a recommended decision or safety plan is sufficient to maintain the child’s safety is the responsibility of the DCS Specialist/OCWI Investigator and the Program Supervisor/OCWI Manager.

The DCS Specialist/OCWI Investigator is responsible for requesting the TDM, inviting participants, and ensuring timely notification to the attendees. A designated TDM staff member is responsible for scheduling the TDM after the referral is received, and requesting interpretation services when the need is indicted on the TDM referral. See the Team Decision Making Protocol for more information on participation and roles.

The DCS Specialist/OCWI Investigator will invite the following individuals to the meeting, as applicable:

  • parents, guardians, and/or custodians, including custodial and non-custodial parents, all alleged fathers and step-parents;

  • children aged 12 and older in the custody of the Department, if appropriate (consider victim's rights, child/youth's level of functioning and school schedule);

  • children under age 12 in the custody of the Department, if developmentally appropriate;

  • caregivers, including kinship caregivers, foster parents, group care providers, or other caregivers of a child who is in out-of-home care;

  • tribal or consulate representatives;

  • mental health professionals, therapists/counselors, or other service providers currently involved with the family including the substance abuse assessment or treatment representative, if appropriate, and the Health Plan representative;

  • the child's Court Appointed Special Advocate (CASA); and

  • juvenile probation officers.

The following individuals may be invited to the meeting by the parents, guardians and/or custodians, or child(ren) with DCS encouragement and support:

  • any support persons identified by the family such as:

    • spouses, partners or significant others;

    • siblings and other relatives

    • friends, neighbors, caregivers or babysitters;

    • members of the family's faith/spiritual community;

    • school contacts such as teachers, principals, counselors, coaches;

    • therapists or counselors who work with the family;

    • tribal or consulate representatives;

    • military supports

    • extracurricular contacts (Girl/Boy Scouts, club sports, music teachers, etc.); and

    • other involved professionals (juvenile probation, etc.).

  • attorneys (see Attorney Participation below).

When a parent retains custody of their child, it is the parent's decision whether to invite a child aged 12 and older.

Attorney Participation

Criminal Defense Attorneys

The DCS Specialist/OCWI Investigator shall inform the parent, guardian and/or custodian that if an attorney is representing them in any criminal proceeding, a criminal court order is required for the criminal defense attorney to attend the TDM meeting. If a court order is obtained, the criminal defense attorney can attend the TDM meeting, but should not question any of the TDM participants, except for their own client.

Dependency Attorneys

The parent, guardian and/or custodian or child's attorney may attend the TDM meeting; however, no substantive legal issues should be discussed with the attorney at any time or when the attorney is present. Substantive legal issues include, but are not limited to, the factual or legal basis for the removal, any criminal conduct allegations, the grounds for termination, or the sufficiency of the evidence. Privileged information such as attorney-client information, confidential (private) information such as criminal history record information obtained from the Arizona Department of Public Safety (DPS) or addresses cannot be discussed.

The attorney cannot be considered as a responsible adult or as a caregiver for the child. The attorney is not allowed to question the TDM participants except for the attorney’s own client.

Allegations of abuse and/or neglect should not be discussed in the TDM meeting if such discussion will cause specific material harm to a DCS or criminal investigation or proceeding.

If an Attorney for any participant is expected to attend the TDM meeting:

  • obtain the Attorney’s name and phone number,

  • ask the participant whether or not the Attorney has been retained to represent them and in what capacity (e.g. is the attorney representing the participant in a dependency or criminal proceeding);

  • confirm with the participant whether or not the Attorney plans to attend and/or participate in the TDM meeting;

  • inform the participant that if an Attorney is representing a participant in a criminal proceeding involving the DCS matter, a Criminal Court Order is required for the attorney to attend and/or participate in the TDM meeting; and

  • notify the Duty or Assigned Assistant Attorney General that the participant's Attorney plans to attend.

TDM Meetings involving Criminal Conduct Allegations

If the child is part of an assessment where the report alleges criminal conduct, the assessment involves an ongoing criminal investigation, or current or pending prosecution, communication between the DCS Specialist/OCWI Investigator and Law Enforcement will occur prior to holding the TDM meeting. The DCS Specialist/OCWI Investigator will communicate with the Duty or assigned Assistant Attorney General (AAG) before the TDM meeting is held. The TDM meeting may be held without prior communication with Law Enforcement if attempts have been made to contact Law Enforcement and detailed messages have been left.

The following should be discussed with the Duty AAG prior to the TDM meeting:

  • the purpose of the TDM meeting (possible topics of discussion);

  • whether there are participants who should be excluded from the TDM meeting and the reason why;

  • whether an AAG should be included in the TDM meeting and why; and

  • specific topics that should not be discussed at the TDM meeting and why.

Do not discuss the criminal conduct allegation(s) during the TDM meeting if it would cause specific material harm.

If any admission of personal responsibility occurs during the TDM meeting or further information is obtained about the allegations, the DCS Specialist/OCWI Investigator will immediately notify and provide the information to the AAG and Law Enforcement to assist in the criminal investigation and prosecution.

The child victim and the alleged perpetrator will not be in the same room or on the phone together during a TDM meeting when the case involves:

The child victim and the alleged perpetrator will not be in the same room or on the phone together during a TDM meeting when the case involves:

  • criminal conduct allegations or domestic violence;

  • an ongoing criminal investigation;

  • current or pending criminal prosecution; or

  • the child victim feels threatened or unsafe.

Intimate Partner Violence (Domestic Violence)

In an assessment or case involving intimate partner violence (IPV), include the history of IPV on the TDM referral and coordinate with the TDM staff. See the TDM Protocol, Appendix A: Arizona DCS Safety Check-in Protocol, and Appendix B: Arizona DCS Separate IPV Meeting Protocol.

Notification of the TDM Meeting

The DCS Specialist/OCWI Investigator will:

  • have a conversation with the parent, guardian and/or custodian, and the child (if appropriate), regarding the safety threat(s) and the reason for the TDM meeting.

  • for parents, guardians and/or custodians who cannot attend in-person (e.g. resides out-of-the-area, out-of-state, or are incarcerated, etc.), to the fullest extent possible, arrange for participation telephonically.

  • if possible, provide a copy of the Team Decision Making Brochure to the parent, guardian or custodian prior to the TDM meeting.

  • if possible, provide a copy of the Team Decision Making (A Guide for Teens) to any child participating in the TDM meeting.

  • in situations when a dependency petition was filed prior to a TDM meeting, notify the Assigned AAG; and

  • discuss with the Duty AAG TDM meetings even if a dependency petition has not been filed if:

    • the child is part of an assessment where the report alleges criminal conduct or the assessment or case involves an ongoing criminal investigation or a current or pending prosecution;

    • the TDM meeting is being held on a case in which a Dependency Petition was dismissed within the previous six (6) months;

    • the DCS Specialist/OCWI Investigator and Program Supervisor/OCWI Supervisor wish to consult about legal options for a case.

If a Dependency Petition is filed, send a copy of the TDM Action Plan to the Duty AAG.

Requesting the TDM Meeting

The DCS Specialist/OCWI Investigator will request a TDM meeting by completing and submitting the TDM Referral Form in SharePoint. A designated TDM staff member will schedule the TDM and provide the date, time, and location of the meeting to the DCS Specialist/OCWI Investigator for notification to attendees.

Management Review

A request for a Management Review should be initiated when Department staff participating in the TDM meeting cannot reach a consensus, and at least one DCS staff member assesses that the team decision does one of the following:

  • leaves the child unsafe;

  • violates policy or law; or

  • is overly intrusive and may harm the child.

The intent to request a Management Review shall be stated at the TDM meeting. The reason for the review shall be explained to the participants by the DCS team member who disagrees with the decision. The Facilitator will contact the Assigned Program Manager/OCWI Deputy Chief. Once the Program Manager/OCWI Deputy Chief is present in person or via the phone, the Facilitator will give a verbal summary of the meeting thus far, and state the reason for the review. The DCS Specialist/OCWI Investigator and Supervisor/OCWI Manager will be given the opportunity to share their opinions about the reason for the review. The Program Manager/OCWI Deputy Chief may ask for additional information prior to making a decision.

The Management Review should take place in front of the meeting participants, except in cases where it is necessary to discuss a criminal investigation and disclosure of information could cause material harm to the investigation. In these circumstances, the DCS Staff will discuss these elements with the Program Manager/OCWI Deputy Chief in a private setting, and then return to the meeting.

The Program Manager/OCWI Deputy Chief’s decision becomes the official position of DCS and the team must implement the decision.

Documentation

The TDM Facilitator will:

  • complete and provide a written copy of the TDM Action Plan to all participants at the end of each meeting;

  • when applicable, request written translation of the TDM Action Plan in the parent, guardian and/or custodian's primary language within 24 business hours of the TDM meeting;

  • upload the TDM Action Plan as a Document in Guardian before the end of the day in which the meeting was held; and

  • enter post-meeting data tracking on the TDM Referral List before the end of the day in which the meeting was held.

The DCS Specialist/OCWI Investigator will:

  • document all individuals who were invited to the TDM in Notes as a CAse Conference/Staffing note type.

  • place a copy of the TDM Action Plan, including the Signature Sheet, in the case file;

  • document discussions with the Assigned AAG or Duty AAG in Notes as AG note type.

  • document information learned or discovered during the TDM that is relevant to the assessment or case; and

  • immediately notify the Child Abuse Hotline if information is revealed that indicates a new allegation of abuse or neglect; and if applicable notify Law Enforcement and the Office of Child Welfare Investigations.

Placement Transition Checklist, CSO-3134B

Team Decision Making Brochure (A Guide for Parents), CSO-2036

Team Decision Making Brochure (A Guide for Teens), CSO-1085A

Voluntary Placement Agreement, CSO-1043

Team Decision Making Protocol

Team Decision Making SharePoint

A.R.S. § 8-821. Taking into temporary custody; medical examination; forensic interview; placement; interference; classification

Effective Date: May 22, 2024
Revision History: November 30, 2012, September 13, 2013, February 4, 2015, July 7, 2018, August 6, 2016, June 24, 2019, February 1, 2021, February 26, 2021