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The parties to this Memorandum of Understanding
agree to mutually implement the provisions of this agreement in order to meet
the goals of the statewide Child Welfare Services system as described in Welfare
and Institutions Code 16500, as follows:
The Legislature hereby declares its intent
in providing for this statewide system of child welfare services that all
children are entitled to be safe and free from abuse and neglect.
Further, pursuant to Welfare and Institutions
Code 16501.1:
When out of home placement is used to
attain case plan goals, the decision regarding choice of placement shall be
based upon selection of the least restrictive or most family like setting,
selection of the environment best suited to meet the childs special
needs and best interest, or both.
Further, pursuant to Welfare and Institutions
Code 11400:
"Foster Family Agency@ means any individual or organization
engaged in the recruiting, certifying, and training of, and providing professional
support to, foster parents, or in finding homes or other places for placement
of children for temporary or permanent care who require that level of care
as an alternative to a group home. Private foster family agencies shall be
organized and operated on a nonprofit basis.
Further, pursuant to Welfare and Institutions
Code 11400:
"Certified family home" means a family
residence certified by a licensed foster family agency and issued a certificate
of approval by that agency as meeting licensing standards, and used only by
that foster family agency for placements.
We acknowledge that the social workers
and foster parents are part of a professional team and that all parts
of the team are to be treated with dignity and respect, in light of
non-discrimination laws and statutes.
In this spirit, both parties intend
to ensure that all children placed by the undersigned County with the
undersigned Foster Family Agency (hereinafter referred to as "FFA")
are provided homes that will provide the following:
| A. |
Timely Permanency; i.e. Concurrent
Planning, Reunification, Adoption, Legal Guardianship, Emancipation |
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| B. |
Safe and Nurturing Care |
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| C. |
Mutually Agreeable Objectives,
such as |
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1. |
Enhanced Supervision |
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2. |
Emergency Shelter Care Services |
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3. |
Family Reunification Services |
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Nothing in this Memorandum of Understanding
shall be understood to take the place of, or conflict with, the
individualized placement agreement included in the SOC 154 or
subsequent forms developed to replace that form. The intent of
this Memorandum is, in fact, to clarify and amplify the agreements
included in the Foster Family Agency-Group Home Agreement. |
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A. The parties to this Memorandum of
Understanding will work together to ensure that the regulatory requirements
are achieved, specifically with reference to the following:
1. Community Care Licensing (Title
22)
2. Foster Care Rates
3. Division 31, CWS regulations
B. The parties to this Memorandum of Understanding
will have an understanding that FFAs will serve a broad and diverse
range of children. Each FFA working with the County will determine what
group of children they may wish to target. Each FFA will report this
identified target group to the County and will recruit families to serve
that group of children.
C. The parties to this agreement will ensure that
a release of information form is completed with regard to licensing
or certification history and will share information according to the
provisions of the release.
D. The undersigned FFA agrees to provide to the Undersigned
County all information regarding incident reports of allegations of
abuse or neglect that occur in the undersigned FFA's homes regarding
any children placed in those homes. (see VII B3).
E. The parties to this Memorandum of Understanding
will utilize standardized information, utilizing mutually acceptable
guidelines (to be established at a later date by BACFFA and CWDA),
for home studies, intake, quarterly reports, medical consent, dangerous
propensities, treatment plan, and discharge summary, in conjunction
with the implementation of this Agreement.
F. The undersigned FFA will provide to the undersigned
County quarterly census data that describes each childs date of
birth, date of placement, placement objective/discharge plan, and anticipated
discharge date. A standardized form has been developed for this purpose.
G. The undersigned FFA will provide to the undersigned
County a single blank copy of the FFA's standard Foster Family Parent
agreement at the time of the MOU signing.
H. At the time of signing the MOU, the county will
inform the FFA of the name and contact information of a primary contact
liaison.
I. Recruitment Protocol
1. General Principles Agreed to Among FFAs
and Counties Participating In This MOU Process; these procedures apply
equally to private FFAs, County FFAs, County foster homes and other
related programs.
| a) |
Recruiters will refrain from
speaking negatively about other FFAs (private and public). |
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| b) |
At no time will recruiters actively
recruit from another FFA's pool of foster families |
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| c) |
When two FFAs are involved with
a family, both will work towards the best interests of the foster
child(ren). |
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2. Cross FFA Contacts
| a) |
Initial contact by the
foster family: |
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1) |
When a foster family certified
with one FFA (current FFA) contacts another FFA (prospective
FFA), these steps will be followed: |
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(a) |
The prospective FFA will encourage
the family to stay with their current FFA and will suggest that
the family contact their FFA to problem solve, if necessary. |
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(b) |
If requested, the prospective
FFA will provide general information, but will not initiate
the certification process. |
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| b) |
Upon further contact
by the foster family: |
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1) |
The prospective
FFA will let the family know that they will be contacting the
familys current FFA personally. |
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2) |
The family will
be asked to sign an Interagency Release of Information form
authorizing the release of information from the current FFA.
If the family refuses to sign such an authorization, the prospective
FFA will not proceed with the family. |
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3)
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The prospective
FFA will make a courtesy call to the current FFA to make them
aware that the family is inquiring to move to another FFA. |
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a) |
The release form will be sent
to the current FFA. Upon receipt of the Inter-agency Release
of Information form, the current FFA will provide the necessary
information to the prospective FFA, either in writing or by
telephone. Standardized information (guidelines to be developed)
is provided for the purpose of securing information from the
original FFA. |
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b) |
Families who are currently known
to be under investigation by CCL will not be permitted to begin
the certification/licensing process with the prospective FFA
until the investigation is finalized. |
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| c) |
If a child is placed
in the home that is moving from one FFA to the other, transition
procedures must be initiated as follows: |
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1) |
As soon as a request
is received to move a family from one FFA to another, the County
social worker must be notified by the current FFA regarding
possible changes. As soon as a county worker becomes aware of
the possibility of a family planning to "roll over"
to a different FFA, the county worker will place a courtesy
call to the current FFA and inform them of the possibility of
a change of FFA for the family. |
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2) |
A meeting, or phone
conference, must take place among staff of the two FFAs and
the County social worker to ensure that the County will authorize
placement in the successor FFA. Juvenile Court approval may
be required for the transition of a child from one FFA to another. |
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3) |
If the County does
not approve of moving the child from one FFA to the other, the
County may move the child into a county licensed home or into
another FFA home. |
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4) |
If the County does
approve of their client remaining in the foster home that is
changing agencies, the County worker will give the current FFA
7 days' notice. |
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A. Emergency Shelter Care
1. County Agrees to
| a) |
Identify the need for Shelter
Placement. |
| b) |
Pay established FFA rate. |
| c) |
Arrange for supportive transition
from one placement to another. |
| d) |
Arrange for transportation to
the FFA of child and his/her belongings. |
| e) |
Provide to FFA all information
available about child prior to placement, including but not
limited to: |
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(1)
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Dangerous propensities |
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(2)
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Medical needs |
| f) |
Provide and sign SOC 154 or a state approved
substitute.
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Provide information about obtaining emergency
and routine medical treatment, including MediCal I.D. # and/or
other insurance information if available. A written explanation
of foster parent emergency medical rights will be provided
at time of placement, including a statement of the Countys
financial responsibility for treatment costs that are not
covered by Medical or other insurance.
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Provide complete placement and treatment history
information as soon as possible and no later than two weeks
after the date of placement.
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| i) |
Provide medical consent signed
by parent, court, or County staff as soon as available. This
should occur no later than two weeks following the date of placement. |
| j) |
Provide emergency numbers to
FFA so that immediate response to crises can be secured. |
| k) |
Obtain emergency Medical as soon
as possible, if required/requested. |
| l) |
Ensure that internal documentation
of placement and that payment occur no later than 30 days following
the 1st of the month following the month of placement.
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| m) |
Identify the date of the Countys
Emergency Shelter status review. |
| n) |
Work with FFA to arrange mutually
agreed upon transportation and supervision for children requiring
visitation. |
| o) |
Notify FFA of any new information
pertinent to case, including dangerous propensities. |
| p) |
County will provide known contact
information to the FFA regarding the biological family, including
phone number if available. |
2. FFA Agrees To:
| a) |
Identify whether or not the placement
home is a specially trained Emergency Shelter home. |
| b) |
Inform the placement family that
this is an Emergency Shelter placement. |
| c) |
Arrange for supportive transition
from one placement to another. |
| d) |
Ensure FFA staff receives the
child. |
| e) |
Ensure childs availability
for interview and court appearances related to Detention, Jurisdiction,
and Dispositional Hearings. |
| f) |
Ensure childs phone call
to the biological family within 5 hours of placement, pursuant
to III A 1 p. |
| g) |
Ensure childs availability
for visitation with parents/relatives and work with County to
provide mutually agreed upon transportation and supervision
for children requiring visitation. |
B. Transition from Shelter to Continuing Placement
1. County Agrees to
| a) |
Review appropriateness of continued
placement with FFA within 45-90 days of date of placement. |
| b) |
Decide no later than 90 days
after date of placement to terminate shelter status and, |
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Convert current placement to
continuing placement |
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(2) |
Prepare to move the child. |
| c) |
If child is to be moved, give
no less than 7 days' notice. |
| d) |
If decision is to convert shelter
placement to continuing placement, engage in activities in III.
C., below, that have not already been completed. |
2. FFA Agrees to
| a) |
Provide relevant information
that will help in the development of the Countys case
plan goal. |
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Work with foster family
to understand County case plan goal and commit to that goal. |
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Engage in activities in
III. C., below, that have not already been completed. |
C. Regular Placement
1. County Agrees To
| a) |
Provide complete placement
and treatment history at the time that the child is referred
for consideration for placement and to include information regarding
extended family and/or other significant adults in the childs
life. |
| b) |
Advise FFA of childs
case plan goal, including concurrent plan when applicable. |
| c) |
Develop a mutually agreeable
pre-placement plan. |
| d) |
Meet or have a phone conversation
with the prospective foster parents and the FFA social worker
in order to provide as much information as is needed/desired
prior to placement. |
| e) |
As mutually agreed upon,
arrange for pre-placement and placement transportation and supervision
for the child and his or her belongings at the time of placement
and ensure appropriate transition of the child into the home. |
| f) |
Sign all required County
and FFA forms at the time of placement and provide copies to
the FFA staff. |
| g) |
Provide emergency numbers
to FFA so that immediate response to crises can be secured. |
| h) |
Ensure that internal documentation
of placement and payment occur in a timely manner. |
| i) |
Notify amount and timing
of clothing allowances. |
| j) |
Commit to timely County/Court
authorization of psychotropic medications so that the client's
medication schedule is not disrupted. |
2. FFA Agrees To
| a) |
Provide complete information
about the prospective foster parents at the time that the child
is referred for consideration for placement. |
| b) |
Develop a mutually
agreeable pre-placement plan. |
| c) |
Meet or have phone conversation
with the prospective foster parents and the County social worker
in order to explore all possible issues prior to placement,
including County case plan goal(s). |
| d) |
Assist the foster parents
in making arrangements for transportation and supervision for
pre placement visits mutually agreed upon with the County social
worker. |
| e) |
Obtain authorization for
non-routine, non-emergency medical, psychological, or psychiatric
treatment (including psychotropic medication) from the County
social worker. |
| f) |
Provide information necessary
for County social worker to obtain authorization for treatment;
i.e., Psychiatric drugs, surgery and any other treatment outside
the scope of routine medical treatment. |
| g) |
Placement into any specific
FFA certified home shall be with the mutual prior agreement
of the FFA and County social worker. |
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A. County Agrees To:
| 1. |
Develop with the FFA a visitation
schedule with the child and family according to the case plan
and/or court orders, respecting the foster family's schedule and
lifestyle. |
| 2. |
Adhere to the agreed upon
visitation schedule unless modified by the court. |
| 3. |
Provide information regarding changes
in treatment needs and service plan for the child and work with
the FFA and foster parents to implement modified service plans;
agree to discuss possible modifications whenever FFA social worker
requests such consideration. |
| 4. |
Planned substantive discussions
regarding the county case plan or independent living plan should
be discussed by the County social worker and FFA social worker
prior to discussion with the foster family and/or the child. Substantive
discussions may include, but not be limited to the following topics:
placement changes, treatment directives for the foster child,
changes in permanency goal, driver's licenses, child's money,
therapy, emancipation, jobs, privileges, dating, sexuality, sexual
orientation, baptism, visitation, travel, education, court orders,
sexually transmitted infections, medical care, birth control,
and pregnancy.
County social workers must inform the FFA of the unplanned content
or instructions given during any home visit that occurs without
the FFA social worker's presence. |
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County agrees to consider the disruption
that unplanned and/or unannounced visits cause for foster families.
Unannounced visits by County social workers should have a specific
purpose. A purposeful unannounced visit might occur when a family
misses a planned visit without explanation or when a County social
worker is concerned about child safety. Unplanned visits are those
made for expediency, such as a social worker being nearby.
County social workers should notify the FFA of planned or unplanned
visits and are encouraged to do as much in advance as possible.
With notice, the FFA will help facilitate unplanned visits (e.g.
make sure a family is home and not rushing out the door) and may
be able to attend. |
| 6. |
Be responsible for preparing recommendations
to the court and for providing to the FFA necessary and appropriate
information for the care of the child including court dates. |
| 7. |
County social worker shall provide
timely response to requests for authorization to provide treatment,
including securing signed releases, vacation requests, and initiating
approval for psychotropic medication so client's medication schedule
will not be disrupted, as follows: |
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a) |
Initiate approval by the next working
day for emergency authorization |
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b) |
Within 30 days for non-emergency
authorization |
| 8. |
Respond to calls from the FFA staff
within 24 hours for emergency issues and three working days for
non-emergency issues. |
| 9. |
Notify the FFA of planned court
dates at least 72 hours in advance if the child's presence is
required and work with FFA to arrange for their attendance at
court as appropriate. |
| 10. |
Work with the FFA to implement
modified case plans; agree to meet to discuss possible modifications |
| 11. |
Notify FFA of any new information
pertinent to the case, including dangerous propensities of the
child or the adults in his/her life. |
| 12. |
To work with FFA to develop mutually
agreeable alternative plan of visitation for biological family
members and significant others who present a tendency for dangerous
propensities. |
| 13. |
In a concurrent plan or when it
becomes apparent that a permanent plan of adoption or guardianship
is in the best interest of the child and is indicated by lack
of progress by birth parents towards reunification: |
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a.
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Will initiate
timely discussion with FFA social worker regarding foster parent's
willingness and appropriateness to be child's adoptive or guardianship
family. The FFA and County social workers will agree on appropriate
timeframe and manner to approach the family. |
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b. |
Depending on family's interest
, will then conference with the FFA social worker and foster family,
providing legal, financial and other information relevant to adoption
or guardianship, including the county's adoption placement policies. |
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c. |
Will work with FFA to assure that
an adoptive home study is completed for the family, either by
the FFA (if licensed as an adoption agency), by the county or
by contracting out. |
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d. |
If the family is not appropriate
or interested, county will initiate search for a permanent family. |
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e. |
The county social worker will complete
and submit a court report, identifying the appropriate permanent
plan. |
B. FFA Agrees To
| 1. |
In the case of an emergency, defined
as a matter of immediate and urgent necessity related to the safety
of the child or a crisis in the foster family home, the FFA may
move a child to another FFA certified home. The County will be
notified as soon as possible and no later than the next working
day. Continuation in this or another FFA certified home will be
by mutual agreement, pursuant to III. C., above. |
| 2. |
Permit unannounced visitation by
County social worker to FFA certified home as required by the
County as provided in IV A 5. Since FFAs conduct unannounced visits
of their own, they are encouraged to include the County social
worker in those visits to avoid multiple visits. |
| 3. |
Provide for the basic necessities
required by the child, including food, clothing, and shelter (as
defined by Title 22 ) in addition to regular social work supervision
as described in the FFAs program statement. |
| 4. |
Provide information regarding changes
in treatment needs and work with the County to modify treatment
plans. |
| 5. |
Work with the County and foster
parents to implement County modified case plans; agree to discuss
possible modifications whenever County worker requests such consideration. |
| 6. |
Appear at court hearing if requested
to consult with worker prior to the appearance. |
| 7. |
Provide timely quarterly reports. |
| 8. |
Provide timely incident reports
to county social worker regarding that workers child, as
required by Community Care Licensing. |
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a) |
Verbal notification is to occur
within 24 hours. |
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b) |
Written report to county social
worker and liaison or other individual identified by county within
7 days. |
| 9. |
Work with the foster parents to
ensure availability for the established visitation plan and provide
supervision for visitation, if necessary, except as provided in
IV A.12, above. |
| 10. |
Notify County of any new information
pertinent to the case, including dangerous propensities of the
child or the adults in his/her life. |
| 11. |
To work with County to develop
mutually agreeable alternative plan of visitation for biological
family members and significant others who present a tendency for
dangerous propensities. |
| 12. |
There will be timely notification
of a change in assigned social worker. |
| 13. |
In a concurrent plan or when it
becomes apparent that a permanent plan of adoption or guardianship
is in the best interest of the child and is indicated by the lack
of progress by birth parents towards reunification: |
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a. |
Participate with the County social
worker in discussing foster family's interest and appropriateness
to be the child's permanent family, including the county's adoption
placement policies. |
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b. |
Initiate discussion with the foster
family regarding their interest and ability to become the child's
permanent family. |
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c. |
Participate in conference with
County social worker and family. |
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d. |
If appropriate, cooperate and enlist
the family's cooperation in selecting an alternative permanent
family for the child should the foster family be unwilling or
inappropriate. This could include having the family cooperate
with visits by prospective families, impart information about
the care of the child, transport the child to matching picnics,
etc. |
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A. County Agrees To
| 1. |
Provide notice of the termination
of placement as soon as this possibility exists. |
| 2. |
Assist the family in understanding
the need for placement change, in consultation with FFA. |
| 3. |
Where appropriate, assist the family
in maintaining connections with the child after placement termination,
in consultation with FFA. |
| 4. |
Provide 7 days' notice if child
is to be moved unless considered an emergency; notify FFA as soon
as possible of an emergency move as defined in IV B 1. |
B. FFA Agrees To
| 1. |
Assist in the implementation of
County plans leading to discharge and termination of placement. |
| 2. |
Provide all information necessary
for re-placement or reunification. |
| 3. |
Make the child available for pre-placement
and pre-reunification visits as required by the County. |
| 4. |
Provide 7-days' notice if requesting
non-emergency removal; notify county of emergency removal as soon
as possible and no later than the next working day. |
| 5. |
Provide written discharge summary
with standardized information. |
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a. Verbal within 24 hours |
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b. Written as soon as possible,
but no later than 14 calendar days. |
| 6. |
Ensure that the childs personal
belongings, personal property, medical information, etc. are provided
to the County social worker at the time of discharge. |
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A. County Agrees To
1. If adoption is the permanent
plan:
| a. |
Prepare and submit all required
court documents to terminate reunification.
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| b. |
Prepare and submit all required
court documentation to terminate parental rights, or, if the
families agree, initiate mediation. |
| c. |
Once rights have been terminated
or relinquished, prepare all adoptive placement documents as
required by regulations, including gathering of all disclosure. |
| d. |
Work with FFA to set appropriate
adoptive placement and written verification of finalization
dates, which take into account the best interest of the child
and family. |
| e. |
Cooperate in preparation of finalization
paperwork and interface with court as decided upon with FFA
and family. |
| f. |
Prepare and submit all paperwork
to terminate dependency. |
| g. |
Provide all documents needed
by the FFA, if licensed as an adoption agency, to claim for
PAARP (Private Agency Adoption Reimbursement Program) within
30 days of the finalization. |
2. If guardianship is the permanent plan:
| a. |
Prepare and submit all required
court documents. |
| b. |
Terminate dependency as appropriate.
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| c. |
Notify FFA in writing as to date
guardianship is granted. |
| d. |
Terminate FFA payments as of
that date and initiate appropriate payments to family, unless
dependency is retained and maintains placement with the FFA. |
B. FFA Agrees To
1. If the permanent plan is adoption:
| a. |
If the FFA has performed the
adoptive home study: |
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i. |
Enter into a cooperative adoptive
placement with the family and county. |
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ii. |
Advocate for and assist family
with Adoption Assistance application. |
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iii. |
As mutually determined with county,
perform post adoptive placement supervision and provide written
reports. |
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iv. |
Cooperate with preparation of
finalization paperwork and interface with court as decided upon
with county and family. |
| b. |
All FFAs will: |
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i. |
Assist the family in the transition
from foster care to adoptive status. |
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ii. |
Connect family with relevant
community resources. |
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iii. |
Empower the family to begin to
function more independently from FFA assistance. |
2. If the permanent plan is guardianship and
dependency is to be terminated:
| a. |
Work with the family to assist
with transition from foster care to guardianship status. |
| b. |
Connect family with relevant
community resources. |
| c. |
Empower the family to begin
to function more independently from FFA assistance. |
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A. County Agrees To
| 1. |
Provide complete information
regarding the child prior to placement, including but not limited
to: |
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a)
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Court report information,
including reason for removal |
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b)
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Treatment Summaries |
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c)
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General Family History |
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(1)
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Specific history of individuals
who may pose a threat to staff, foster family, etc., including
dangerous propensities. |
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d)
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Case Plan |
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e)
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Permanency Planning
Objectives, including anticipated length of stay and projected
discharge date. |
| 2. |
Provide signed Releases for Treatment,
Visitation, Outings, etc. at time of placement and as periodically
required by the FFA. |
| 3. |
Provide updated case plans, court
hearing date, court report information, treatment summaries, as
they are received by the County social worker. |
| 4. |
Acknowledge receipt of 7 day's
notice and keep FFA informed of discharge plan. |
B. FFA Agrees To
| 1. |
Provide written information regarding
the family prior to placement as agreed upon by the undersigned
FFA and the County. |
| 2. |
Provide timely notification of
changes in family circumstances. |
| 3. |
Provide timely incident reports
to county social worker and liaison or other individual as identified
by county regarding that worker's child. |
| 4. |
Provide timely written needs and
service report, quarterly reports and discharge summaries. |
| 5. |
Keep court report information confidential
except parts pertaining to the care of the child/children which
may be shared with the foster parent or information that the foster
parent needs to know about the parent in respect to the care of
the child/children. |
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A. Disagreements in the areas outlined
above should be taken "up the administrative line," between the FFA and
the County, but we anticipate that all decisions will be mutually agreeable
between the parties in question, and that they will be made at the lowest
administrative level possible.
| 1. |
Case-specific issues shall be resolved
at the line worker and supervisor level. |
| 2. |
Problems that are systemic, often
based upon repeated case-specific incidents, shall require an
administrative review between the County and the FFA. |
| 3. |
Notwithstanding the above, the
undersigned FFA and County representatives are responsible for
ensuring that their staffs adhere to the agreements made herein. |
B. A bi-lateral mediation process on other than
case specific issues will be established among a subcommittee of the
Counties and FFAs participating in this process in order to address
significant problems that cannot be resolved between an individual County
and FFA. The MOU steering committee consisting of four representatives
from both the Bay Area Regional Children Services and BACFFA will be
responsible for convening such mediation.
C. The MOU steering committee will meet
periodically to review the effectiveness of this agreement.
We have reviewed all of the provisions of the above
MOU and we agree to instruct the staff of our Department/FFA to abide
by each of the enumerated provisions.
Signed,
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____________________ |
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FFA Executive Director
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Date
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| _________________________________________________ |
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____________________ |
Director for CWS, County |
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Date |
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The approved format adopted by CWDA & BACFFA
has been modified and approved by the undersigned and modifications
are annotated in the document and noted in an addendum.
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Signed,
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| _________________________________________________ |
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____________________ |
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FFA Executive Director
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Date
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| _________________________________________________ |
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____________________ |
|
Director for CWS, County
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Date
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