The Tribal Court, in conjunction with KCWS or other agency designated by the Court shall develop a case plan in all cases.
For the purpose of determining proper disposition of a child, written reports and other material relating to the child’s mental, physical, and social history may be received and considered by the Court along with other evidence.
The Court, either on its own motion or if requested by the child, the child’s parent or guardian, or other interested party, shall require that the person who wrote the report or prepared the material appear as a witness and be subject to both direct and cross-examination.
The case plan shall be made available to the Court and the parties as deemed appropriate by the Court at least seven (7) court days prior to the hearing at which it will be considered. The case plan for each child involved in a child custody proceeding must:
(A) Be a written document that is a discrete part of the case record, in a format determined by the Tribe, which is developed jointly with the parents or guardian(s) of the child;
(B) Be developed within a reasonable period, but no later than sixty (60) days from actual removal of the child;
(C) Development of the case plan shall engage family members and the child as appropriate for their age and development. Children twelve (12) years of age or older shall have the opportunity to review, sign and have a copy of their case plan. Children fourteen (14) years of age or older shall be involved in the development of their case plan, including their independent living plan and their permanency plan;
(D) Include a description of the services offered and the services provided to maintain the family, prevent removal of the child from the home, and if already removed, to reunify the family, including a description of the appropriateness of the services offered and provided to the child and family;
(E) Include a description of the home or institution in which the child is placed;
(F) Include a discussion of the safety and the appropriateness of the placement and other services provided to the child and include a plan for assuring that the child receives safe and proper care;
(G) Include a discussion of the services provided to the parent(s) in order to improve the conditions in the parent(s)’ home to facilitate the child’s return to his or her own home, or for providing another permanent placement for the child;
(H) Include a plan for assuring that services are provided to the child and foster parents in order to address the needs of the child while in foster care;
(I) For a child, aged sixteen (16) years of age or older, for whom another planned permanent living arrangement has been determined as the permanency plan: (1) a description of the steps KCWS is taking to ensure the child’s foster family home or child care institution is following the reasonable and prudent parent standard including whether the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities; (2) a description of the steps KCWS is taking to return the child home or secure a placement for the child with a fit and willing relative, a legal guardian or an adoptive parent; and (3) a description of the compelling reason that it would not be in the best interest of the child to return home, be placed for adoption or legal guardianship or with a fit and willing relative;
(J) For a child for whom legal guardianship has been determined as the permanency plan: (1) the steps KCWS has taken to determine it is not appropriate for the child to be returned or adopted; (2) the reasons for any separation of siblings during placement; (3) the reasons why permanent placement with a fit and willing relative or nonrelative are in the child’s best interest; (4) the efforts KCWS has made to discuss adoption by the child’s foster parents as a more permanent alternative to legal guardianship; and (5) the reasons why the foster parent has not chosen to pursue adoption; and (6) the efforts KCWS made to discuss with the child’s parent the kinship guardianship assistance arrangement or if this is not done why the efforts were not made;
(K) Where appropriate, for a child fourteen (14) years of age or older, include a written description of the programs and services that will help such child prepare for the transition from foster care to independent living that includes: (1) a description of the rights of the child with respect to education, health, visitation, court participation, the rights to health and education records and the right to stay safe and avoid exploitation; (2) a signed acknowledgment by the child that the child was provided a copy of the child’s rights and these rights were explained in such a way that the child understands their rights; (3) a description of the youth’s current level of functioning; the youth’s emancipation goals; the progress toward achieving the goals in the ILP; the programs and services needed to help the youth achieve the goals; and identifies the individuals assisting the youth to accomplish the ILP goals;
(L) In the case of a child between the ages of seventeen and one-half (17 ½) and twenty-one (21) who will exit foster care within the next ninety (90) day period, the case plan shall include a ninety (90) day transition plan that includes: (1) a discussion of options on housing, health insurance, education, local opportunities for mentors, continuing support services, extended foster care program benefits, workforce supports and employment services; (2) information regarding health care treatment decisions and the importance of designating another individual to make health care treatment decisions on behalf of the child if the child becomes unable to participate in such decisions and does not have, or does not want, a relative who would otherwise be authorized under Tribal law to make such decisions; (3) the plan shall provide the child with the option to execute a health care proxy, or other similar document recognized under Tribal law, and is as detailed as the child may elect;
(M) In the case of a child with respect to whom the permanency plan is an adoption, or placement in another permanent home, document the steps KCWS is taking to find an adoptive family or other permanent living arrangement for the child. At a minimum, such documentation shall include child specific recruitment efforts used by KCWS such as the use of state, regional, and national adoption exchanges including electronic exchange systems to facilitate orderly and timely in-state and interstate placements;
(N) Discuss how the case plan is designed to achieve placement in a safe setting that is the least restrictive (most family-like) setting available, that is in close proximity to the home of the parents when the case plan goal is reunification, and is consistent with the best interest and special needs of the child;
(O) If the child has been placed in a short-term residential treatment program the case plan shall include: (1) a description of the child’s permanency team including the individuals who comprise the team, the contact information for those who comprise the team, and the contact information for other family members and important persons to the child who are not part of the team; (2) a description of the efforts KCWS has made to facilitate meetings of the permanency team including making those meetings accessible in time and place; (3) a description of how the parent or legal guardian of the child was included in the selection of the members of the permanency team; (4) a description of the ongoing assessment conducted on the strengths and needs of the child, how the permanency team was involved in the assessment, and how that assessment supports the determination that the needs of the child cannot be met by the family or through placement in a foster family home (a shortage or lack of foster family homes shall not be an acceptable reason); (5) a description of how the placement in a short-term residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment; (6) a description of how the placement in a short-term residential treatment program is consistent with the short- and long-term goals of the child as specified in the permanency plan for the child; (7) a description of the specific treatment or service needs that will be met for the child in placement and the length of time the child is expected to need the treatment or services; (8) a description of the efforts made by KCWS to prepare the child to return home or to be placed with a fit and willing relative, a legal guardian or in a foster family home; (9) a description of the placement preferences of the family and the permanency team that recognizes that children should be placed with their siblings; (10) for a child who is not placed according to the placement preferences of the permanency team, a description of why the recommendation of the qualified individual and the placement of the child did not follow the placement preferences of the family; and (11) the signature of the KCWS Operations Administrator authorizing the continued placement of the child in the short-term residential treatment program;
(P) If the child has been placed in a foster family home or child care institution a substantial distance from the home of the parent(s), or in a different state, set forth the reasons why such placement is in the best interest of the child;
(Q) If the child has been placed in foster care in a state outside the state in which the child’s parent(s) are located, assure that an authorized caseworker visits the foster home or institution no less frequently than once per month, and submits a report on the visit to the Karuk Tribe Child Welfare Services;
(R) To the extent available and accessible, incorporate the health and education records of the child, including:
(1) The names and addresses of the child’s health and educational providers;
(2) The child’s grade level performance;
(3) The child’s school record;
(4) Assurances that the child’s placement in foster care takes into account proximity to the school in which the child is enrolled at the time of placement;
(5) A record of the child’s immunizations;
(6) The child’s known medical problems;
(7) The child’s medications; and
(8) Any other relevant health and education information concerning the child determined to be appropriate by the Karuk Tribe Child Welfare Services; and
(S) Provide that a child’s health and education record (as described above) is reviewed and updated, and supplied to the foster parent or foster care provider with whom the child is placed, at the time of each placement of the child in foster care and is supplied to the child at no cost at the time the child leaves foster care if the child is leaving foster care by reason of having attained the age of majority under state law.