Chapter 4 : Section 1

Out-of-Home Dependency

Procedures

When the in-home safety analysis indicates there is no sufficient, feasible, and sustainable in-home or combination safety plan that can be implemented, and a Voluntary Placement is not appropriate, the DCS Specialist or OCWI Investigator will consult with the DCS Program Supervisor or OCWI Manager to review the case prior to submitting a Dependency Petition Worksheet to the Attorney General’s Office.

Upon approval by the DCS Program Supervisor or OCWI Manager, the DCS Specialist or OCWI Investigator may contact the Assistant Attorney General to review the case and determine whether there are legal grounds for dependency.

If the dependency petition is a supplemental petition, obtain approval from the Program Manager or OCWI Manager prior to contacting the Assistant Attorney General. The Program Manager or OCWI Manager shall participate in the dependency staffing with the Assistant Attorney General for any supplemental petition.

The DCS Specialist or OCWI Investigator should provide the following information to the Assistant Attorney General:

• the allegations against all parents;

• whether paternity is established for all children included in the petition;

• if there was a custodial court order, the name of the person who has legal custody of the children;

• the names of all persons who provided information about the allegations in the petition;

• whether the people who provided information will be available to testify;

• medical records, photographs, police reports, or other relevant documents;

• the status of other children in the home who are not included in the petition;

• any prior DCS reports on the family;

• information about other parties who should be included in the petition; and

• whether the children are subject to the Indian Child Welfare Act (ICWA).

The DCS Specialist or OWCI Investigator will prepare the Dependency Petition Worksheet and submit to the Attorney General's Office. The DCS Specialist or OCWI Investigator will indicate on the Dependency Petition Worksheet whether the Department believes that an aggravating circumstance exists. See Selecting the Permanency Goal.

The DCS Specialist or OCWI Investigator will additionally complete the following:

• Conduct and document an extensive search for missing parents and extended family members or other significant persons as placement resources for the child if applicable. For more information, see Locating Missing Parents & Family for Notification.

• Notify Adoption Subsidy if the dependency is resulting from a disrupted adoption.

• Amend the petition if new, substantive information about the parents becomes known after the petition has been filed but before adjudication of the petition.

• Prepare a Report to the Juvenile Court for the Preliminary Protective Hearing and/or Initial Dependency Hearing.

• Submit the court report to the court no later than the day before the Preliminary Protective Hearing. If the court report is prepared for the Initial Dependency Hearing, submit the court report to the court, the Attorney General's office, and the Foster Care Review Board at least ten days prior to the hearing. See Court Reports for further instructions on attachments and routing of the court report.

• For the Preliminary Protective Hearing and the Initial Dependency Hearing, the DCS Specialist or OCWI Investigator must document in the court report to the Juvenile Court and be prepared to communicate to the court, the Department’s efforts to identify and assess out-of-home care for the child with the child’s grandparents, great-grandparents, siblings of whole or half-blood, aunts, uncles, first cousins, and persons having a significant relationship with the child.

• Route the court report to the Juvenile Court for Preliminary Protective Hearing and/or Initial Dependency Hearing as specified in Court Reports.

Documentation

Document consultation with the DCS Program Supervisor and DCS Program Manager or OCWI Manager in the Notes Tab designated as Staffing type.

Document consultation with the Attorney General's Office in the Notes Tab. Title the Note AG Contact and designate as AG type.

File a copy of the Dependency Petition, along with any Court Orders or Minute Entries resulting from the Initial Dependency Hearing, in the legal section of the hard copy record.

Document the decision to provide out-of-home care under a dependency by completing the Removal Details and Legal Status Tabs.

Effective Date: October 30, 2023

Revision History: November 30, 2012, February 12, 2016, January 31, 2018, August 3, 2018, June 11, 2019, February 1, 2021, September 21, 2021