Chapter 3 : Section 6.1

Parenting Time and Family Contact Plan

Procedures

Creating the Family Contact Plan

Upon removal, the Department shall develop, with family members, the out-of-home caregiver and the child, when appropriate, a Family Contact Plan. The Family Contact Plan is a comprehensive, written plan describing the contact between a child in out-of-home care and the child's parents, siblings when placed in separate living arrangements, relatives and others with a significant relationship. The Family Contact Plan may include parenting time and family contact.

Parenting time is scheduled time for the child in out-of-home care and the parents to engage in bonding and parenting activities, including the opportunity for the parent to be a part of the child's daily life. Parenting time may include:

• attending medical appointments;

• extracurricular and school events; and

• working with the out-of-home caregiver in caring for the child such as helping with homework, afterschool/bedtime routine.

Family contact is time spent between a child in out-of-home care and relatives, siblings in separate living arrangements and other individuals with a significant relationship. Family contact may include:

• phone calls;

• virtual contact; and

• emails.

The Department shall assist the child and the parents in identifying individuals to include in the Family Contact Plan such as friends, relatives, and individuals with significant relationships, including former foster parents, and will make reasonable efforts to provide ongoing in-person contact between the child and these individuals, if possible.

In developing a Family Contact Plan:

• Consider first the child's need for safety, and second, how best to facilitate the goals of family reunification and maintenance of the child’s important connections.

• Consider alternative modes of contact such as phone, mail, or virtual contact in addition to in-person contact (for example, nightly phone or video calls for the parent to read a bedtime story or say goodnight); or if in-person contact is not possible (for example, when a parent is out of state, or incarcerated in a facility that will not allow visitation, see Services for Detained or Incarcerated Parents.

• Schedule parenting time and other family contact should be scheduled to meet the family's needs. Frequency should be increased or decreased as necessary to meet the child's safety, permanency and well-being needs.

• Make every reasonable effort to schedule child transportation, parenting time, and other family contact during non-school hours.

• Consider information obtained from all service providers, parents, out-of-home caregivers and the child, if applicable, to assess the parent's progress in addressing the reasons the child is in out-of-home care and the specific needs of the child to determine when to increase the frequency and duration of contact and parenting time.

• Comply with any court orders regarding family contact and parenting time.

For comprehensive guidance in developing a parenting time and Family Contact Plan, see Parenting Time Planning.

Before facilitating contact between the child and the parent or guardian:

• ask the parent or guardian if there is any court order from a Superior Court criminal court, or family court that prohibits contact between the child and the parent or guardian;

• search the Arizona Supreme Court Public Access to Court Information for any cases involving the parent or guardian; and

• do not facilitate contact between the child and the parent or guardian if an order from a Superior Court criminal case prohibits such contact.

If a child objects to parenting time, or other family contact, consult the DCS Program Supervisor to develop the family contact plan and identify services or supports to address the child's objections, safety and emotional security.

If conflicts arise around contact and visitation:

• consider the child's safety and well-being as the paramount concern in conflict resolution;

• prioritize the family members and siblings' rights to contact and visitation over the needs or preferences of out-of-home care providers;

• give weight to the Family Contact Plan that best supports the case plan, even if the Family Contact Plan is less convenient or requires additional Department or provider resources; and

• if conflicts are unresolved, explore avenues for seeking resolution, such as a case plan staffing, Child and Family Team meeting, or mediation services through the court system.

Restricting Family Contact or Parenting Time

Parenting time or other family contact may only be restricted or denied between a child in out-of-home-care and the child’s parents, siblings, relatives, friends, and individuals with a significant relationship, including any former foster parents, when a court determines that the contact is contrary to the child’s safety or well-being.

If the DCS Specialist becomes aware that parenting time or other family contact may be contrary to the child’s safety or well-being, the Specialist should take the following steps:

• Staff with a DCS Program Supervisor, reviewing all case documentation related to the child’s safety and well-being in parenting time or other family contact, and assess whether there is support for the conclusion that parenting time or contact is contrary to the child’s best interest.

• Consult with the child’s counselor for an assessment of whether continued contact is contrary to the child’s best interest.

• Meet with a Unit Consultant (see the Unit Psychological Consultation Guide), provide the consultant with any behavioral health documentation related to the child’s safety and well-being during parenting time or other family contact, and obtain a recommendation regarding whether the Specialist should seek to limit or restrict contact for the well-being and safety of the child.

• Staff with an Assistant Attorney General (AAG) regarding whether there is sufficient documented evidence to support the claim that contact is contrary to the child’s best interest.

• If, after these steps, it remains the determination of the DCS Specialist and DCS Program Supervisor that parenting time or other family contact is contrary to the well-being or safety of the child, request the AAG to motion the court to limit or restrict contact between the child and the individual(s).

• Unless the court determines that parenting time or other family contact is contrary to the best interest of the child, the Specialist shall not deny contact.

Parenting Time Services and Supports

The following services or supports may be provided by the Department to support the family's needs for parenting time and other family contact when a less restrictive plan cannot be implemented and supervision or monitoring is required to maintain child safety:

• DCS Case Aide

  • Consider referring to a DCS Case Aide when flexibility is needed in the Family Contact Plan, such as plans that include partially unsupervised parenting time or minimal monitoring of the contact.

  • DCS Case Aides may facilitate other family contact when supervision is needed to ensure the safety of the child.

  • DCS Case Aides may facilitate sibling contact, if the out-of-home caregivers are unable to facilitate.

• Supervised Visitation Only Services

  • Consider using Supervised Visitation Only services when a Family Functioning Assessment indicates that the safety and well-being of the child can only be managed by supervision of parenting time and a DCS Case Aide is not available. See Supervised Visitation Only Service Guide.

• Nurturing Parenting Program

  • Consider referring a family to Nurturing Parenting Program (NPP) services when a Family Functioning Assessment indicates taht one or more family memebers has a behavioral change goal that can be achieved by improving in one or more NPP Constrcts, and there are no available and accessible community programs that would provide the family an equivalent service.

  • NPP Providers will observe the Parent-Child interaction for thirty minutes each week to document the parents implementation of the nurturing activity practiced in the parenting skills session.

  • NPP providers will not be responsible for providing supervision of parenting time or transportation of the child.

• Clinically Supervised Parenting Time

  • Consider referring for Clinically Supervised Parenting Time when a Family Functioning Assessment indicates that supervision of parenting time requires a qualified mental health clinician to ensure the safety and well-being of the child. See Clinically Supervised Parenting Time Service Guide.

Ensure authorization for each service is requested according to the Service Referral Approval Matrix, DCS-2434, and when completed, submit the referral packet to the appropriate Regional Resource Unit.

Marijuana

Medical Marijuana

The Arizona Medical Marijuana Act Arizona Medical Marijuana Act) enables a person (a qualifying patient) registered with the Arizona Department of Health Services (ADHS) to legally obtain, under Arizona law, an allowable amount of marijuana and possess and use the marijuana for its therapeutic effects in treating and alleviating symptoms associated with a debilitating medical condition. However, the possession, sale or transportation of marijuana is still a crime under Federal law.

Recreational Marijuana

The Responsible Adult Use of Marijuana Act enables people age 21 or over to cultivate or use marijuana or marijuana products in a responsible and lawful manner.

The DCS Specialist and DCS Program Supervisor may not restrict or deny contact or parenting time between the child and a parent who uses marijuana recreationally or is a qualifying patient because the parent uses or cultivates marijuana for recreational or medical use.

In order to recommend against contact or parenting time with a child by a parent who uses marijuana recreationally or is a qualifying patient, the DCS Specialist and DCS Program Supervisor must assess the parent’s behavior and determine whether that behavior creates an unmanageable danger to the child's safety or well-being.

If parenting time or other contact is determined to be contrary to the child's safety or well-being, and the child cannot be protected through a structured or supervised visit, contact the Attorney General's Office to request that a motion be filed to restrict or prohibit contact. Restriction or denial of parenting time or other contact between the child and the child’s siblings, parents, relatives, friends, or former foster parents may occur only by court order.

Documentation

Document parenting time, and other contact in the Family Contact Plan section of the Case Plan, including:

• a plan for frequent contact between siblings if the siblings are unable to be placed together; and/or

• the Court’s finding that contact should be restricted, and the modified contact plan.

When the Specialist has assessed that parenting time and other contact is contrary to the child's safety and well-being, document the reasons in a Note.

Maintain the NPP, CSPT, SVO or DCS case aide’s reports in the hard copy record and upload as an Artifact in Guardian.

Document any other contact between the child and the child’s siblings, family members, other relatives, friends, and any former foster parents using Notes.

Document the supervision of parenting time and other family contact using the Child and Caregiver Visitation Outline, DCS-1592A. File the form in the hard copy record.

Document approval for an additional service authorization from the Program Supervisor using Notes.

Effective Date: February 29, 2024

Revision History: November 30, 2012, February 1, 2021, October 1, 2021