9-28-111. Case plans — Definition.

9-28-111. Case plans — Definition. (a) The Department of Human Services shall be responsible for developing case plans in all dependency-neglect cases and in family-in-need-of-services cases when custody is transferred to the department under § 9-27-328. The case plan shall be: (1)(A) Developed in consultation with the juvenile's parent, guardian, or custodian and, if appropriate, the juvenile, the juvenile's foster parents, the court-appointed special advocate, the juvenile's attorney ad litem, and all parties' attorneys. (B) If the parents are unwilling or unable to participate in the development of the case plan, the department shall document the parents' unwillingness or inability to participate and provide a copy of the written documentation to the parent, if available. The department shall then prepare a case plan conforming as nearly as possible with the requirements set forth in this section. (C) A parent's incarceration, by itself, does not make a parent unavailable to participate in the development of a case plan. (D)(i) The parent, guardian, or custodian and juvenile may choose additional members to be part of the case planning team. (ii) The department may reject a selected individual for good cause; (2)(A) Developed and filed with the court no later than thirty (30) days after the date the petition was filed or the juvenile was first placed out of home, whichever is sooner. (B) If the department does not have sufficient information before the adjudication hearing to complete all of the case plan, the department shall complete those parts for which information is available. (C) All parts of the case plan shall be completed and filed with the court thirty (30) days after the adjudication hearing; (3) Signed by and distributed to all parties and distributed to the juvenile's attorney ad litem, court-appointed special advocate, and foster parents, if available; and (4)(A) Subject to modification based on changing circumstances. (B) All parties to the case plan shall be notified of any substantive change to the case plan. (C) A substantive change to a case plan includes without limitation a change in the placement of the juvenile, the visitation rights of any party, or the goal of the case plan. (b) When a juvenile is receiving services in the home of the parent, guardian, or custodian, the case plan shall include the requirements listed in subsection (a) of this section and: (1) A description of the problems being addressed; (2) A description of the services to be provided to the family and juvenile specifically addressing the identified problems and time frames for providing services; (3) A description of any reasonable accommodations made to parents in accordance with the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., to assure to all the parents meaningful access to reunification and family preservation services; (4) The name of an individual who the petitioner, parent, guardian, or custodian knows is claiming to be or who is named as the father or possible father of the juvenile and whose paternity of the juvenile has not been judicially determined; and (5) A description of how the health and safety of the juvenile will be protected. (c) When a juvenile is receiving services in an out-of-home placement, the case plan must include the requirements in subsections (a) and (b) of this section and: (1)(A) A description of the permanency goal. (B) If adoption is not the goal at the permanency planning and fifteenth-month hearing, the department shall document in the case plan a compelling reason why filing a petition to terminate parental rights is not in the best interest of the juvenile; (2) The specific reasons for the placement of the juvenile outside the home, including a description of the problems or conditions in the home of the parent, guardian, or custodian that required removal of the juvenile and the remediation of which will determine the return of the juvenile to the home; (3) A description of the type of out-of-home placement selected for the juvenile, including a discussion of the appropriateness of the placement; (4) A plan for addressing the needs of the juvenile while in the placement, with emphasis on the health, safety, and well-being of the juvenile, including a discussion of the services provided over the previous six (6) months; (5)(A) The specific actions to be taken by the parent, guardian, or custodian of the juvenile to eliminate or correct the identified problems or conditions and the time period during which the specific actions are to be taken. (B) The plan may include any person or agency who agrees to be responsible for the provision of social and other family services to the juvenile or the parent, guardian, or custodian of the juvenile; (6) The visitation rights and obligations of the parent, guardian, or custodian and the state agency during the time period the juvenile is in the out-of-home placement; (7) The social and other family services to be provided to the parent, guardian, or custodian of the juvenile, and foster parent, if any, during the time period the juvenile is in placement and a timetable for providing the services, the purposes of which are to promote a continuous and stable living environment for the juvenile, promote family autonomy, strengthen family life when possible, and promote the reunification of the juvenile with the parent, guardian, or custodian; (8) To the extent available and accessible, the health and education records of the juvenile, under 42 U.S.C. § 675(1); (9) A description of the financial support obligation to the juvenile, including health insurance of the parent, parents, or guardian of the juvenile; (10)(A) A description of the location of siblings; (B) Documentation of the efforts made to place siblings removed from their home in the same placement, unless the department documents that a joint placement would be contrary to the safety or well-being of any of the siblings; and (C) Documentation of the efforts made to provide for frequent visitation or other ongoing interaction between the siblings in the case of siblings removed from their home who are not placed together, unless the department documents that frequent visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings; (11) When appropriate for a juvenile sixteen (16) years of age and over, the case plan shall include a written description of the programs and services that will help the juvenile prepare for the transition from foster care to independent living; (12) A written notice to the parent or parents that failure of the parent or parents to substantially comply with the case plan may result in the termination of parental rights and that a material failure to substantially comply may result in the filing of a petition for termination of parental rights sooner than the compliance periods stated in the case plan; (13)(A) A plan for ensuring the placement of the child in foster care that takes into account the appropriateness of the current educational setting and the proximity of the school in which the child is enrolled at the time of placement, as required under § 9-27-103 [repealed]; and (B)(i) An assurance that the department has coordinated with appropriate local educational agencies to ensure that the child remains at the school where the child is enrolled at the time of placement; or (ii) If remaining at the school is not in the best interest of the child, assurances by the department and the local educational agencies to provide immediate and appropriate enrollment in a new school, with all of the educational records of the child provided to the new school; and (C)(i) An assurance that each child who has attained the minimum age for compulsory school attendance is a full-time elementary or secondary school student or has completed secondary school. (ii) For purposes of this section, “elementary or secondary school student” means, with respect to a child, that the child is: (a) Enrolled, or in the process of enrolling, in a public elementary or secondary school; (b) Home schooled under § 6-15-501 et seq.; (c) Enrolled in a private elementary or secondary school; or (d) Incapable of attending school on a full-time basis due to the medical condition of the child, and the medical condition incapability is supported by regularly updated information in the case plan; (14) The department, in conjunction with other representatives of the juvenile, shall provide the juvenile with assistance and support in developing a transition plan that is personalized at the direction of the juvenile and includes specific options on housing, health insurance, educational opportunities, local opportunities for mentors and continuing support services, and workforce supports and employment services, and is as detailed as the juvenile may elect as required under § 9-27-363; and (15) When a juvenile is fourteen (14) years of age or older, the juvenile shall be provided a: (A) Separate document that describes: (i) The rights of the juvenile concerning education, health, visitation, and court participation; (ii) The right to obtain a copy of a credit report each year the juvenile remains in the custody of the department at no cost to the juvenile; and (iii) The right of the juvenile to receive assistance in interpreting and resolving inaccuracies in the credit report; and (B) A signed acknowledgement by the juvenile that: (i) The juvenile has been provided with a copy of the document required under subdivision (c)(15)(A) of this section; and (ii) The department explained the rights to the juvenile in a developmentally appropriate and age-appropriate way. (d) The case plan is subject to court review and approval. (e) The participation of a parent, guardian, or custodian in the development of a case plan or the acceptance of a case plan shall not constitute an admission of dependency-neglect.