Chapter 7 : Section 11

Foster Care Review Board

Procedures

The DCS Specialist will provide the Report to the Juvenile Court for Preliminary Protective Hearing and/or Initial Dependency Hearing, the Report to the Juvenile Court for Dependency Adjudication Hearing and Disposition Hearing (if applicable), the Progress Report to the Juvenile Court and the Report to the Juvenile Court for the Permanency Hearing (see Court Reports) to the FCRB:

• at the time it is submitted to the juvenile court;

• upon their request;

• at the direction of the court;

• three months following the child entering out-of-home care, if not previously submitted; or

• at least two weeks prior to each review.

The DCS Specialist shall include the FCRB when disclosing all case related documents including but not limited to:

• case plans;

• Team Decision Making actions plans;

• home studies;

• psychological, psychiatric, psycho-educational, and neuropsychological evaluations, substance abuse and bonding & best interest assessments;

• medical and educational records;

• service provider reports; and

• police reports.

The DCS Specialist will review the monthly listing of hearing dates provided by the FCRB to determine when FCRB hearings are scheduled. Contact the FCRB immediately if it appears that a case is not scheduled for a necessary review.

The DCS Specialist will update the Foster Care Plan and Progress Report and Attachment A to include current information on all parties listed on the form. Submit the forms, along with the Report to the Juvenile Court for Initial Dependency Hearing, Report to the Juvenile Court for the Permanency Hearing, and the Progress Report to the Juvenile Court to the FCRB at least two weeks prior to a scheduled hearing.

The DCS Specialist will attend the first FCRB hearing in person (or arrange for the DCS Program Supervisor to do so).

The DCS Specialist will attend subsequent hearings in person or be available for a telephone conference, if in person attendance is not possible. Notify the FCRB as soon as possible if telephone attendance is necessary.

If the assigned DCS Specialist and the DCS Program Supervisor are unable to attend a scheduled FCRB hearing, they must inform the Program Manager as soon as possible. The Program Manager is able to approve the submission of a written statement or another DCS Specialist or DCS Program Supervisor attending the FCRB hearing in the assigned DCS Specialist's place. If submitting a written statement is approved, the DCS Specialist or DCS Program Supervisor must notify the FCRB before the scheduled hearing and submit a written statement at least five (5) days prior to the hearing date. If another DCS Specialist or DCS Program Supervisor is attending the FCRB hearing, the assigned DCS Specialist must provide all relevant information to the DCS Specialist or DCS Program Supervisor that will be attending the hearing.

If hearings are running late, wait for at least 30 minutes after the scheduled start time. If the FCRB is not ready to begin the hearing and the DCS Specialist needs to leave, consult with the DCS Program Supervisor.

If the DCS Specialist believes that any party should not receive a copy of the FCRB's recommendations, make the request to the FCRB in writing prior to the hearing or verbally at the hearing. The FCRB will make a recommendation to the juvenile court, which will decide whether or not the party receives the report.

When a case is transferred, the receiving DCS Program Supervisor notifies the FCRB and parties listed on the Foster Care Plan and Progress Report and Attachment A of the transfer and the name of the new DCS Specialist. The receiving DCS Program Supervisor, in consultation with the sending DCS Program Supervisor, determines which DCS Specialist can best present the case at the next FCRB hearing.

FCRB Recommendations

The FCRB will e-mail the Observations/Concerns and Review Board Recommendations section of the FCRB report to the DCS Specialist and DCS Program Supervisor.

Upon receipt of the e-mail containing the Observation/Concerns and Review Board Recommendations section of the FCRB report, the DCS Specialist must:

• review each observation and concern;

• review each recommendation that directs the Department to take a specific action; and

• respond to each recommendation directed toward the Department.

The DCS Specialist will draft a response that indicates:

• agreement with the recommendation; or

• intent not to implement the recommendation.

For those recommendations that the Department does not intend to implement, indicate the reasons for the decision.

If the FCRB disagrees with the case plan, review the case with the DCS Program Supervisor to determine if the plan should be modified. Notify the Program Administrator or designee of the outcome of the review. The Program Administrator or designee may take further action, if necessary.

The DCS Specialist will forward the draft response to the DCS Program Supervisor.

Attach a copy of the response to the next report submitted to the juvenile court.

DCS Program Supervisor

The DCS Program Supervisor will review the DCS Specialist’s response to the each FCRB recommendation, and, if appropriate, modify the response.

Print the approved response form and send it to the Foster Care Review Board within ten business days of receipt of the recommendations using one of the following methods:

Fax: FCRB at 602-307-1214

Mail: FCRB, 1501 W. Washington #128, Phoenix, AZ 85007

E-mail a copy of the response to the DCS Specialist and the assigned Assistant Attorney General.

Documentation

Document the FCRB hearing in Guardian.

Document the outcome of the supervisory review of a case plan which the FCRB disagrees with in a Case Conference type Note.

Document notification of the outcome of the review to the DCS Program Administrator or designee in a Case Conference type the Note.

File a copy of the response to the FCRB recommendations in the hard copy case record.

DCS Program Administrator or designee: document the review of the outcome and any action taken in the Notes Tab designated as a Case Conference type.

Effective Date: March 18, 2024

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