Chapter 2 : Section 8

Team Decision Making

Policy

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

Present Danger TDM:

  • the Family Functioning Assessment and impending danger determination have not been completed and a child is placed in the temporary custody of DCS as a protective action in a present danger plan;

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

  • a court ordered pick-up was requested and the child(ren) have been located and placed in the temporary physical custody of the Department.

A Present Danger TDM meeting is not required when:

  • the present danger plan is that the child lives with a responsible adult for seven days per week, 24 hours per day (a Safety Planning TDM meeting would be held within 14 days of implementing this plan, unless the child is determined to be safe);

  • a Temporary Custody Notice (TCN) has been served, but the child is returned to the parent, guardian and/or custodian because the child is determined to be safe within the 72 hour time frame;

  • a TCN has been served for no more than 12 hours, to obtain an examination of a child by a medical doctor or psychologist; or

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

Safety Planning TDM:

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

    • a safety plan has been implemented; or

    • a child has been removed as a safety action in a safety plan (including when a TCN and/or Notice of removal has been served, or a parent, guardian and/or custodian has signed a Voluntary Placement Agreement);

  • the present danger plan is expiring, unless the Family Functioning Assessment has resulted in a determination that the child is safe (the TDM meeting must occur 48 hours before the present danger plan expires);

  • 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;

  • conditions for return have been met, the child will begin the reunification transition to their family, and an in-home safety plan is necessary to manage impending danger; or

  • a previously developed in-home or out-of-home safety plan may be insufficient to control the danger threat(s) and may need to be revised.

A Safety Planning TDM meeting may also be held when a private dependency petition has been filed and the Department disagrees with the allegation, living arrangement, and/or court orders after the Family Functioning Assessment has been completed.

A Safety Planning TDM meeting is not required when:

  • a present danger TDM meeting was previously held 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 Stabilization TDM:

  • there is potential for caregiver disruption to the living arrangement; or

  • an unplanned placement living arrangement change has occurred for a child in out-of-home care.

A Placement Stabilization 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.

Reunification/Permanency Planning TDM:

  • 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;

  • the permanency goal may need to change.

Life Long Connections TDM:

  • a child(ren) is receiving Fostering Sustainable Connections services; and

  • a potential less restrictive living arrangement has been identified.

Youth Transition TDM:

  • a youth in out-of-home care:

    • turns age 14;

    • a youth who entered care at age 16 or 17 has been in out-of-home care for more than 90 days.

    • a youth entered care at age 14 or 15 and has been in out-of-home care for more than 90 days; or

  • a second TDM is required when it has been at least one year since the youth had an initial Youth Transition TDM at the age of 14 or 15 and the youth is currently over the age of 16, to complete a progress review and update.

Age of Majority TDM:

  • a youth in care is within 6 months of turning 18;

  • a young adult age 18 through 20 is in Extended Foster Care, wants to exit the program and the exit has not been reviewed through an Extended Foster Care Quality Review or staffing;

  • young adult is experiencing barriers to meeting the case plan goals, and needs assistance in identifying solutions or additional supports; or

  • a young adult has not had an Extended Foster Care Quality Review or staffing within 30 days of turning 21.

Hold the Age of Majority TDM within no more than seven days of learning that the youth wants to exit the program or is in non-compliance, excluding weekends and holidays.

The Department will facilitate the TDM meeting as a collaborative decision making process that is strengths-based and engages the family network in addressing the safety, caregiver arrangements, and permanency of children.

The Department shall engage the family (custodial and non-custodial parents, guardians and/or custodians and the child when appropriate), family supports, (relatives, friends, community members), and partnering agencies including, as applicable, tribal representatives, behavioral health providers, and other service providers involved with the family in the TDM process.

Procedures

The purpose of a TDM meeting is to engage the family in decisions about the safety, stability, and permanency of a child at critical points in a case. (See Team Decision Making Field Guide (CSO-1638) for detailed information). 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 facilitated by a trained TDM Facilitator. The TDM Facilitator’s role is to guide group discussion surrounding the safety and/or permanency of the child(ren) involved in a DCS case. The facilitator will strive to reach group consensus that the recommended plan is the least restrictive and least intrusive, sufficient to maintain child safety, and in the best interest of the child(ren).

The TDM facilitator will conduct the meeting according to the guidelines in the TDM Field Guide, and engage all team members to review and provide input into the following decisions and/or recommendations:

  • Present Danger TDM meeting:

    • the child’s living arrangement, including recommendations for the present danger plan option selected;

    • whether the current present danger plan is sufficient or a less intrusive plan could be implemented;

    • 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); and

    • any information to be gathered after the TDM meeting, in order to complete the Family Functioning Assessment and make a determination of impending danger.

  • Safety Planning TDM:

    • whether the current safety plan is sufficient or a less intrusive plan could be implemented;

    • the Conditions for Return if an out-of-home safety plan has been implemented, including input from the team about how the Conditions for Return can be met;

    • 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; and

    • a reunification transition plan if the conditions for return have been met and the child will begin the reunification transition to the family, including whether the in-home safety plan is sufficient, least intrusive, and sustainable.

  • Placement Stabilization TDM:

    • a plan to determine if services can preserve the out-of-home caregiver, including discussion of the cause of potential disruption;

    • a plan for respite or another alternative short-term caregiver, and transitioning the youth back to the original caregiver; or

    • if the living arrangement cannot be preserved and a new living arrangement is identified, a transition plan (which may be a reunification transition plan if the conditions for return are met).

  • Reunification/Permanency Planning TDM:

    • the reunification transition plan when the child has been assessed as safe with the parent or guardian; or

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

  • Life Long Connections TDM:

    • a plan to explore, determine and support a potential less restrictive living arrangement, including a discussion of how to support stability in the living arrangement; and

    • multiple plans may be developed to support permanency and provide for stability in a family like setting.

  • Youth Transition TDM:

    • complete the Youth Thrive™ Survey;

    • review the youth’s protective factors that will support successful transition to adulthood;

    • strategies to identify and engage supportive adults;

    • a concise documented plan that identifies areas of need, and required supports and services to address the identified needs; and

    • determination of progress made toward the identified transitional goals, if applicable.

  • Age of Majority TDM meeting:

    • whether the youth should remain in foster care under a Voluntary Foster Care Agreement,

    • supports for the youth to allow them to succeed under the Voluntary Foster Care Agreement,

    • whether a Voluntary Foster Care Agreement should be terminated; and

    • a plan for discharge when the youth exits foster care.

Roles and Responsibilities

The family, DCS Specialist, Program Supervisor and TDM Facilitator are all responsible for ensuring decisions/recommendations made during the TDM meeting sufficiently address child safety. However, the final decision regarding the safety plan is the responsibility of the DCS Specialist and the Program Supervisor. The DCS Specialist is responsible to request the TDM, invite participants, and ensure timely notification to the attendees. The DCS Program Supervisor is responsible for scheduling the TDM. (See Key Roles and Responsibilities for more information on the TDM process.)

The DCS Specialist should invite the following individuals to the meeting:

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

  • youth, if appropriate (consider victim’s rights, child/youth's level of functioning and school schedule);

  • caregivers, including kin, foster parents, group care providers, or other caregivers;

  • 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 Regional Behavioral Health Authority (RBHA) network representative); and

  • juvenile probation officers.

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

  • any support persons identified by the family such as:

    • siblings and other relatives;

    • friends, neighbors, caregivers or babysitters;

    • significant others (boyfriend/girlfriend);

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

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

  • military command;

  • potential caregivers (relatives or individuals who have a significant relationship with the child); or

  • attorneys (see Attorney Participation below).

Attorney Participation

Criminal Defense Attorneys

The DCS Specialist 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, or confidential (private) information such as criminal history record information obtained from Arizona Department of Public Safety (DPS) or addresses also cannot be discussed.

The role of the parent, guardian and/or custodian or child's attorney should be minimal and must only focus on safety planning. The attorney cannot be considered as a possible responsible adult or as a placement for the child. The attorney should not be 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.

TDM Meetings involving Criminal Conduct Allegations

If the child is part of a case where the report alleges criminal conduct, or the case involves an ongoing criminal investigation, or current or pending prosecution, communication between the DCS Specialist, Law Enforcement, and the OCWI Investigator (if applicable), should occur prior to holding the TDM meeting. The DCS Specialist should also 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 questions should be discussed with Law Enforcement and the Duty AAG prior to the TDM meeting:

  • What is the purpose of the TDM meeting (possible topics of discussion)?

  • Are there participants who should be excluded from the TDM meeting? If so, why?

  • Should Law Enforcement or an AAG be included in the TDM meeting? If so, why?

  • Are there any specific topics that should not be discussed at the TDM meeting? If so, what 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 will immediately notify and provide the information to the AAG and Law Enforcement to assist in the criminal investigation and prosecution.

If information is revealed indicating a new allegation, the DCS Specialist will immediately notify the Child Abuse Hotline and if applicable, Law Enforcement and the Office of Child Welfare Investigations.

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.

Notification of the TDM Meeting

The DCS Specialist 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 (CSO-2036) pamphlet 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, CSO-1085A) to any child participating in the TDM meeting.

  • Notify the Assigned AAG of all TDM meetings involving cases where a dependency petition has been filed with the Juvenile Court.

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

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

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

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

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

Scheduling the TDM Meeting

The DCS Specialist will request a TDM meeting by completing and submitting the Team Decision Making Referral (CSO-1102A) to the Program Supervisor, who will provide the date, time, and location of the meeting to the DCS Specialist for notification to attendees. TDM Meetings will be scheduled as follows:

  • Present Danger TDM: Within 48 hours of removal excluding weekends and state holidays.

  • Safety Planning TDM: As expeditiously as possible, but no later than seven calendar days of determining that a child is unsafe, or conditions for return have been met. (In the interim, if a safety threat has been identified, a safety plan must be in place.) When a Family Functioning Assessment has been completed, and an out-of-home safety plan has been implemented and a TCN and/or Notice of Removal has been served, schedule the TDM within 48 hours of removal, excluding weekends, and state holidays.

  • Placement Stabilization TDM: Within 48 hours of the living arrangement disrupting, excluding weekends and holidays. For potential disruptions, the TDM is scheduled as expeditiously as possible, but no later than 72 hours from the time the potential disruption became known.

  • Reunification TDM: Prior to transitioning a child assessed as safe to their parent/guardian.

  • Permanency Planning TDM: Prior to changing the permanency goal. (Prior to scheduling a Permanency Planning TDM, the DCS Specialist will discuss permanency planning with the assigned Assistant Attorney General.)

  • The Age of Majority TDM is scheduled as follows:

    • within 6 months prior to a youth in care turning 18;

    • within 7 days for a young adult age 18 through 20 who wishes to voluntarily exit the continued voluntary foster care program;

    • as expeditiously as possible, but no later than 72 hours, when a young adult age 18 through 20 may exit care due to program disruption/substantial non-compliance with their case plan; and

    • within 30 days of the young adult's 21st birthday

Management Review

A request for a Management Review should be initiated when Department staff participating in the TDM cannot reach consensus on decisions or recommendations pertaining to the purpose of the TDM meeting. The review is a call for support in reaching the safest, lease restrictive, most sustainable outcome for the child(ren) and family

Whenever possible, the intent to request a Management Review should be stated at the TDM meeting. The reason for the review shall be explained to the participants by the TDM Facilitator. The TDM Facilitator will contact the appropriate Manager in the order of preference/availability outlined below. Once the Manager is present in person or via the phone, the TDM Facilitator will give a verbal summary of the TDM thus far, and state the reason for the review. The DCS Specialist and Supervisor will be given the opportunity to share their opinions about the reason for the review. The Manager may ask for additional information prior to making a decision.

The Management Review should take place in front of the TDM 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 Facilitator and Specialist will discuss these elements with the Manager in a private setting, then return to the TDM.

The Manager makes the final determination, which the Facilitator records on the TDM summary.

The Management Review will be completed by a manager in the following order of preference and availability, as appropriate to the assigned Region or OCWI unit:

  1. The Program Manager or OCWI Deputy Chief

  2. The Program Administrator or OCWI Chief

  3. The Deputy Director of Field Operations

Documentation

The TDM Facilitator will:

  • Complete and provide a written copy of the TDM Summary Report to all participants within one business day, unless otherwise agreed upon.

  • Request written translation of the TDM Summary Report in the parent, guardian and/or custodian's primary language within 72 business hours of the TDM, if applicable (this may be completed by the DCS Specialist in some regions).

  • Add the TDM Summary Report as a Document in Guardian.

  • Document TDMs that are canceled and not rescheduled, including the reason, in a Note.

  • Document who attended, topics discussed, decisions/recommendations reached, consensus of parties, agreement of attendees and other information on the appropriate TDM Summary Report.

The DCS Specialist will:

  • Document who was invited and notified of the TDM.

  • Place a copy of the TDM Summary Report, including the Signature Sheet, in the case file.

  • Document the discussion with the AAG in an AG type Note (for Permanency Planning TDMs).

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