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Effective: 03/01/2023

4.14 Timeframes for All Out-of-Home Care (OOHC) Cases

Legal Authority

Introduction

​​​​​​​​​​​​​​​​​​​​​​​Throughout the life of an out-of-home care (OOHC) case, there are specific timeframes for conferences, consultations, and ongoing service provision that must be met to ensure that a case is managed properly, families receive all appropriate services, and timely permanency is achieved. The procedures below assist staff in meeting these timeframe goals. 

Practice Guidance

Procedure

​Case Planning

The SSW:

  1. Notifies the school within two (2) working days: 
    1. When the child is placed in OOHC to provide a list of who may contact the child at school and who may pick up and drop off the child; and 
    2. At the conclusion of the agency’s work with the family. 
  2. Convenes a ten (10) day case planning conference within ten (10) calendar days of the temporary removal hearing or voluntary placement agreement (KRS 620.180);
  3. Notifies the child’s assigned managed care organization (MCO) within five (5) working days of the child coming into OOHC, and shares with the MCO, information relevant to the medical and behavioral health care needs of the child; 
  4. Maintains monthly face-to-face contact with children, families, and caregivers; 
  5. Assesses concurrent planning when negotiating/developing a case plan during the ten (10) day conference if aggravated circumstances are present as outlined in SOP 4.17 Preparation for and Completion of the Ten (10) Day Conference; 
  6. Follows SOP 4.18 Ongoing Case Planning for periodic case planning conferences and concurrent planning requirements; 
  7. Completes the Waiver of Reasonable Efforts Checklist and consults with FSOS at the following points in the case: 
    1. Prior to the emergency custody order (ECO); 
    2. Prior to the temporary removal hearing; 
    3. Ten (10) day conference/first family team meeting (FTM)/initial case plan; 
    4. Periodic review case plan at six (6) months; 
    5. Nine (9) months after removal (during pre-permanency consultation with regional attorney); and 
    6. Every case plan review thereafter. 
  8. Consults with the regional attorney about the appropriateness of requesting a waiver of reasonable efforts through the court, if any of the criteria in the checklist are selected/apply to the case; 1 
  9. Convenes the first periodic review/case conference of the case plan within six (6) months of the temporary removal hearing or placement and the procedure in SOP 11.32 Process for Court Case Review thereafter until permanency is achieved (475 (5)(B)); 
  10. Facilitates scheduling of a placement court review no later than six (6) months after the child is removed from the home, regardless of placement or custody, when the child is sixteen (16) or younger at the time of removal in accordance with Family Court Civil Rule 34; 
  11. Requests a pre–permanency planning conference prior to pursuing an involuntary termination of parental rights (TPR), during or before the ninth (9th) month in care; 
  12. Requests a permanency hearing within twelve (12) months of the temporary removal hearing or voluntary placement agreement and every twelve (12) months thereafter until permanency is achieved as required by title IV-E, Section 475(5)(E) of the Social Security Act; 
  13. Follows procedures outlined in SOP 3.11 Onsite Provision of Services when assistance is requested from one county or region to another county or region to provide needed ongoing services; and 
  14. Following a TPR, facilitates the scheduling of a court review in accordance with Family Court Rule 36. 2​

Investigations and Ongoing Assessments

The SSW:

  1. Completes the investigation within thirty (30) working days of acceptance of the referral; 
  2. Completes the evaluation of the prior case plan/assessment within 30 working days of the development of the next case plan; and 
  3.  Completes all case plan evaluations/assessments prior to the development of case plans in six (6) month intervals.

Regional Case Consultations

  1. The FSOS and designated regional staff meet to consult on the progress of an OOHC ongoing case: 
    • After a child has been in OOHC for three (3) months; and 
    • Every six (6) months thereafter (9 month, 15 month, 21 month, etc.) until the child achieves permanency. 
    • Use of the Ongoing OOHC Case Consultation Template and Agency Case Consultation Template is not required during these regional consults (i.e. ASFA consults, etc.).

Contingencies and Clarifications

  1. After a waiver of reasonable efforts is received the SSW: 
    • Completes a pre-permanency meeting with the regional attorney within thirty (30) working  days; 
    • Schedules a new case plan and a written notice is provided to the parents; 
    • Shifts focus of the case plan to transitioning the child to adoption; 
    • Maintains parent/child visitation in accordance with SOP 4.19 Visitation Agreement​; 
    • Completes case planning tasks with the parents which include continuing to work with services providers to reduce high risk behaviors in the event the parents' appeal is in their favor, or TPR is not granted; 
    • Ceases worker visits to the parents; 3 
    • Prepares the child for the final parent child visit and supports the child through adoption. 4 
  2. May continue to send written notice to the parents to demonstrate the provision of reasonable efforts, or may continue to make efforts to locate a parent's address if previously unknown; 
  3. Documents the circumstances necessitating fewer face-to-face visits, i.e. an incarcerated or out of state parent, if monthly contact with biological families is not possible; and 
  4. Enters a new case plan with the goal of adoption into TWIST and begins the Pre-permanency DSS 161 Checklist so that the regional attorney may proceed with filing the TPR petition once a waiver of reasonable efforts is ordered.
​

Footnotes

  1. SSWs can request a waiver of reasonable efforts based on the checklist criteria at any point in the case; however, they should complete the checklist at each of the four (4) points listed in this section. 
  2. The hearing is to occur within ninety (90) working days of the TPR order, to review progress toward finalization of an adoptive placement for the child. 
  3. The parents may still have case plan tasks related to supporting the child, preparing the child for the final parent-child visitation and adoption, and continuing to work independently on their high-risk behaviors. 
  4. ​​​​​​​Parent-child visits may proceed at the direction of the court through the TPR.​

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Documents

Revisions

3/1/2023 Delete: 

  • ​Sends the completed DPP-106B Initial Physical and Behavioral Health History to the child’s MCO within ten (10) five (5) ​working days of the child’s entry into OOHC; 
  • ​however by the six (6) month periodic review the case is converted to a concurrent planning case if the child is still in OOHC as outlined in SOP 4.19 Consideration/Implementation of Concurrent Planning For Permanency; 
3/​1/2023 Addition: 
  • Assesses concurrent planning when negotiating/developing a case plan during the ten (10) day conference if aggravated circumstances are present as outlined in SOP 4.17 Preparation for and Completion of the Ten (10) Day Conference; 
  • ​Follows SOP 4.18 Ongoing Case Planning for periodic case planning conferences and concurrent planning requirements; ​