Chapter 2 : Section 12

Determining the Level of Department Intervention, Services and Court Oversight

Procedures

Determining the Level of Department Intervention for Families with Children Assessed as Safe

To determine whether the family may benefit from community-based, Department-referred, or Department-monitored services, assess the family’s protective factors. The protective factors are:

• social and emotional competency of children;

• social connections;

• concrete support in times of need;

• knowledge of parenting and child development; and

• parental resilience.

Consider information gathered during the FFA – Investigation and seek input from the parents, guardians, and/or custodians, and children age six and older, to identify protective factors and/or caregiver protective capacities that can be strengthened in order to reduce the likelihood of future abuse or neglect. Refer to Family Service and Resource Guide for guidance on evaluating protective factors and determining the need for services.

To determine the level of Department services and intervention necessary to strengthen the family’s protective factors, and gauge the family’s commitment to participate in services, evaluate the following:

• The likelihood that without service participation, the family’s protective factors will be unchanged or lessen and as a result the child(ren) will be at risk of future abuse or neglect.

• The parent, guardian, or custodian’s recognition of the problem and readiness for change (see Parent Readiness for Change).

• The family’s history of participation and engagement in services without Department intervention.

• Whether the family has a community and/or support network that is likely to assist the family to access and participate in services.

• Whether the family requires the assistance of the Department to access services and whether service eligibility requires an open case with DCS.

• The family’s willingness to voluntarily participate in a case plan and ongoing services from the Department.

• The least intrusive level of intervention that will sufficiently strengthen the identified protective factors.

Community Based Services and Assessment Closure

If the family’s identified needs can be met by a community-based or DCS-referred service and the family does not require DCS intervention to encourage and monitor service participation, and the family is in agreement, complete an Aftercare Plan with the family following the procedures in Aftercare Planning and Services and close the assessment.

Department Intervention, Case Management, and Transfer

If the circumstances include one or more of the conditions listed in Identifying Safe Children for In-Home Oversight Standard Work or it is determined that the family would benefit from DCS-monitored services through the development of a case plan managed and overseen by the Department, open a case for services.

Services may be provided directly by DCS staff, by contract, or through referral to other organizations or community agencies. Follow procedures in Developing and Reassessing the Family-Centered Case Plan.

Determining the Level of Department Intervention for Families with Children Assessed as Unsafe

Upon completing the Family Functioning Assessment – Investigation, if any child in the home is determined to be unsafe due to impending danger, the Department shall implement a safety plan and open a Case for services. Follow the procedures in Safety Planning to determine the least intrusive safety plan that will sufficiently manage child safety in a feasible and sustainable manner.

Determining the Level of Court Oversight

Upon determining that a child is unsafe, or upon completing the Family Functioning Assessment – Investigation, determine whether court oversight is needed, and the necessary level of court oversight. Levels of court oversight include in-home intervention, in-home dependency, and out-of-home dependency.

The DCS Specialist may consult with the Attorney General’s Office to determine whether there is legal grounds to file a petition for in-home intervention, in-home dependency, or out-of-home dependency. The DCS Specialist will prepare the Dependency Petition Worksheet. Indicate In-Home Intervention Requested, In-Home Dependency, or Out-of-Home Dependency on the Dependency Petition Worksheet and submit it to the Attorney General’s Office.

In-Home Intervention

A petition for an in-home intervention may be filed when:

• The FFA indicates that the child is safe or an in-home safety plan has been implemented and the parent(s) or guardian(s) are in agreement with continued DCS case management and participation in the case planning process.

• There is indication that the parent, guardian, or custodian will follow through with services and supports with minimal court oversight.

• The child has not been taken into temporary custody.

• The child is at risk of harm due to the inability or unwillingness of the parent, guardian, or custodian to provide food, clothing, shelter or medical care.

• The parent, guardian, or custodian is unable to provide proper care, control, and supervision of the child.

Serve the Notice Requesting In-Home Intervention, CSO-1029A to the parents (including the non-custodial parent), guardians, or custodians. Include the signed Notice Requesting In-Home Intervention with the Dependency Petition Worksheet when sending to the Attorney General’s Office.

If necessary, conduct an extensive and documented search for missing parents. If reasonable efforts to locate an absent or missing parent were unsuccessful, document all attempts in a DCS Locate Efforts note, then complete the Family Locate Referral. See Locating Missing Parents & Family for Notification for more information.

Prepare the Report to the Juvenile Court for In-Home Intervention. See Court Reports for information on disclosure of the court report and additional documents.

In-Home Dependency

A petition for an in-home dependency may be filed when:

• a child is assessed as safe at the conclusion of the FFA – Investigation, but is at high risk of future abuse or neglect, and there is indication that the child’s parent, guardian, or custodian will only follow through with services with court oversight; or

• a child is assessed as unsafe at the conclusion of the FFA, a sufficient, feasible and sustainable in-home safety plan has been implemented to maintain the child’s continued safety and well-being in the home, and the parent, guardian, or custodian will benefit from DCS intervention and court oversight to maintain motivation in achieving desired behavioral changes.

The Department shall ensure that intervention is provided to remedy the identified safety threats and diminished caregiver protective capacities that prevent the parent from safely caring for the child without court supervision and Department intervention.

An in-home dependency petition shall not be considered when an out-of-home safety plan has been implemented. See Safety Planning for more information.

Serve the In-Home Dependency Notice CSO-1031A, to the parent (including the non-custodial parent). Prepare the Report to Juvenile Court for Preliminary Protective Hearing and/or Initial Dependency Hearing.

Out-of-Home Dependency

The Department must file a petition for an out-of-home dependency when:

• the child has been assessed as unsafe and an out-of-home safety plan is the least intrusive safety plan open to ensure the child’s safety; and

• legal grounds for dependency exist.

When considering the removal of a child, follow policy and procedures outlined in Temporary Custody.

For more information, see Out-of-Home Dependency.

Documentation

Submit a disposition of the assessment as Open for Services when opening a case.

Document all referred services and supports in the Family Functioning Assessment – Investigation and Case Plan.

Submit a Service Request for Placement, if applicable.

Document the decision to open a Case for services in the Closure tab under Disposition Details.

Document consultation with the Attorney General’s Office using the AG note type.

File a copy of the Dependency Petition along with any court order for In-Home Intervention or In-Home Dependency, or Out-of-Home Dependency in the case record.

Document the child’s legal status in the Legal tab.

Document in Notes, contacts with the following persons:

• family members;

• Department personnel;

• members of the service team;

• tribal social services representative; and/or

• other service team members.

Documentation of contacts should include information on dates, places, individuals involved, and the nature of the contact, and provide a factual summary of the following:

• observations of the family's interactions; and

• observations of the environment.

Document all conversations with the family regarding the Department’s level of intervention in Notes.

Document all conversations with the family regarding protective factors that may be strengthened, including information on community-based or Department provided service referrals in Notes.

File copies of all assessments, treatment records, monthly reports, and other related documents in the hard copy record.

If the assessment will be closed at the conclusion of the investigation, follow documentation requirements as outlined in Aftercare Planning and Services.

Effective Date: July 26, 2021

Revision History: January 31, 2018, February 1, 2021