COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 169
(By Senators Wooton, Walker and Boley)
____________
[Originating in the Committee on the Judiciary;
reported February 7, 1995.]
____________
A BILL to amend and reenact sections one and three, article five-d,
chapter forty-nine of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; to amend and reenact
sections two, three and five, article six of said chapter; to
further amend said article by adding thereto a new section,
designated section twelve; and to amend and reenact section
three, article six-d of said chapter, all relating generally
to child abuse and neglect; multidisciplinary teams in cases
where improvement periods are granted; counsel for children in
certain cases; improvement periods ordered prior to
adjudication; the award of improvement periods as a
disposition; improvement periods; and family case plans.
Be it enacted by the Legislature of West Virginia:
That sections one and three, article five-d, chapter forty-
nine of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted; that sections
two, three and five, article six of said chapter be amended and
reenacted; that said article be further amended by adding thereto a new section, designated section twelve; and that section three,
article six-d of said chapter be amended and reenacted, all to read
as follows:
ARTICLE 5D. MULTIDISCIPLINARY TEAMS.
§49-5D-1. Purpose; additional cases and teams.
(a) The purpose of this article is to provide a system for
evaluation of and coordinated service delivery for children who may
be victims of abuse, neglect, sexual assault or sexual abuse, and
children undergoing delinquency proceedings. It is the further
purpose of this article to establish, as a complement to other
programs of the department of health and human resources, a
multidisciplinary screening, advisory and planning system to assist
courts in facilitating permanency planning during improvement
periods, to recommend alternatives and to coordinate evaluations
and in-community services. It is the further purpose of this
article to ensure that children are safe from abuse and neglect and
to coordinate investigation of alleged child abuse offenses and
competent criminal prosecution of offenders to ensure that safety,
as determined appropriate by the prosecuting attorney.
(b) Nothing in this article precludes any multidisciplinary
team from considering any case upon the consent of the members of
the team.
§49-5D-3. Multidisciplinary treatment planning process.
(a) On or before the first day of January, one thousand nine
hundred ninety-five, a multidisciplinary treatment planning process
shall be established within each county of the state, either separately or in conjunction with a contiguous county by the
secretary of the department of health and human resources, with
advice and assistance from the prosecutor's advisory council as set
forth in section four, article four, chapter seven of this code.
Treatment teams shall assess, plan and implement a
comprehensive, individualized service plan for children who are
victims of abuse, neglect, sexual assault or sexual abuse who are
also the subject of a proceeding brought pursuant to this chapter
when an improvement period has been granted by the circuit court
and children involved in delinquency proceedings when an
improvement period has been granted.
(b) Each treatment team shall be convened and directed by the
child's or family's case manager upon the granting of an
improvement period. The treatment team shall consist of the
child's custodial parent(s) or guardian(s), other immediate family
members, the attorney(s) representing the parent(s) of the child if
assigned by a judge of the circuit court, the child, if the child
is over the age of twelve, and if the child's participation is
otherwise appropriate, the child, if under the age of twelve when
the team determines that the child's participation is appropriate,
the guardian ad litem, the prosecuting attorney or his or her
designee, and any other agency, person or professional who may
contribute to the team's efforts to assist the child and family.
(c) The treatment team shall coordinate their activities and
membership with local family resource networks and coordinate with
other local and regional child and family service planning committees to assure the efficient planning and delivery of child
and family services on a local and regional level.
(d) State, county and local agencies shall provide the
multidisciplinary treatment teams with any information requested in
writing by the team as allowable by law or upon receipt of a
certified copy of the circuit court's order directing said agencies
to release information in its possession relating to the child.
The team shall assure that all information received and developed
in connection with the provisions of this article remain
confidential. For purposes of this section, the term
"confidential" shall be construed in accordance with the provisions
of section one, article seven of this chapter.
ARTICLE 6. PROCEDURE IN CASES OF CHILD NEGLECT OR ABUSE.
§49-6-2. Petition to court when child believed neglected or abused
-- Right to counsel; improvement period; hearing; priority of
proceeding; transcript.
(a) In any proceeding under the provisions of this article,
the child, his parents, his custodian or other persons standing in
loco parentis to him, such persons other than the child being
hereinafter referred to as other party or parties, shall have the
right to be represented by counsel at every stage of the
proceedings and shall be informed by the court of their right to be
so represented and that if they cannot pay for the services of
counsel, that counsel will be appointed. If the other parties have
not retained counsel and the other parties cannot pay for the
services of counsel, the court shall, by order entered of record, at least ten days prior to the date set for hearing, appoint an
attorney or attorneys to represent the other party or parties and
so inform the parties. Under no circumstances may the same
attorney represent both the child and the other party or parties,
nor shall the same attorney represent both parents or custodians.
However, one attorney may represent both parents or custodians
where both parents or guardians consent to this representation
after the attorney fully discloses to the client the possible
conflict, and where the attorney assures the court that she or he
is able to represent each client without impairing her or his
professional judgment; however, if more than one child from a
family is involved in the proceeding, one attorney may represent
all the children. The court may allow to each attorney so
appointed a fee in the same amount which appointed counsel can
receive in felony cases. Any attorney appointed pursuant to this
section shall by the first day of July, one thousand nine hundred
ninety-three, and three hours per year each year thereafter,
receive a minimum of three hours of continuing legal education
training on representation of children, child abuse and neglect:
Provided, That where no attorney who has completed this training is
available for such appointment, the court shall appoint a competent
attorney with demonstrated knowledge of child welfare law to
represent any party. Any attorney appointed pursuant to this
section shall perform all duties required as an attorney licensed
to practice law in the state of West Virginia.
(b) In any proceeding under this article, any parent or custodian may move to be allowed an improvement period in
accordance with section twelve of this article in order to remedy
the circumstances or alleged circumstances upon which the
proceeding is based.
(c) In any proceeding under this article, the party or parties
having custodial or other parental rights or responsibilities to
the child shall be afforded a meaningful opportunity to be heard,
including the opportunity to testify and to present and cross-
examine witnesses. The petition shall not be taken as confessed.
A transcript or recording shall be made of all proceedings unless
waived by all parties to the proceeding. The rules of evidence
shall apply. Where relevant, the court shall consider the efforts
of the state department to remedy the alleged circumstances. At
the conclusion of the hearing the court shall make a determination
based upon the evidence and shall make findings of fact and
conclusions of law as to whether such child is abused or neglected,
which shall be incorporated into the order of the court. The
findings must be based upon conditions existing at the time of the
filing of the petition and proven by clear and convincing proof.
(d) Any petition filed and any proceeding held under the
provisions of this article shall, to the extent practicable, be
given priority over any other civil action before the court, except
proceedings under article two-a, chapter forty-eight of this code
and actions in which trial is in progress. Any petition filed
under the provisions of this article shall be docketed immediately
upon filing. Any hearing to be held at the end of an improvement period and any other hearing to be held during any proceedings
under the provisions of this article shall be held as nearly as
practicable on successive days and, with respect to said hearing to
be held at the end of an improvement period, shall be held as close
in time as possible after the end of said improvement period.
(e) Following the court's determination, it shall be inquired
of the parents or custodians whether or not appeal is desired and
the response transcribed. A negative response shall not be
construed as a waiver. The evidence shall be transcribed and made
available to the parties or their counsel as soon as practicable,
if the same is required for purposes of further proceedings. If an
indigent person intends to pursue further proceedings, the court
reporter shall furnish a transcript of the hearing without cost to
the indigent person if an affidavit is filed stating that he cannot
pay therefor.
§49-6-3. Petition to court when child believed neglected or abused
-- Temporary custody.
(a) Upon the filing of a petition, the court may order that
the child alleged to be an abused or neglected child be delivered
for not more than ten days into the custody of the state department
or a responsible relative, which may include any parent, guardian
or other custodian pending a preliminary hearing, if it finds that:
(1) There exists imminent danger to the physical well-being of the
child; and (2) there are no reasonably available alternatives to
removal of the child, including, but not limited to, the provision
of medical, psychiatric, psychological or homemaking services in the child's present custody: Provided, That where the alleged
abusing person, if known, is a member of a household, the court
shall not allow placement pursuant to this section of the child or
children in said home unless the alleged abusing person is or has
been precluded from visiting or residing in said home by judicial
order. In a case where there is more than one child in the home,
or in the temporary care, custody or control of the alleged
offending parent, the petition shall so state, and notwithstanding
the fact that the allegations of abuse or neglect may pertain to
less than all of such children, each child in the home for whom
relief is sought shall be made a party to the proceeding. Even
though the acts of abuse or neglect alleged in the petition were
not directed against a specific child who is named in the petition,
the court shall order the removal of such child, pending final
disposition, if it finds that there exists imminent danger to the
physical well-being of the child and a lack of reasonable available
alternatives to removal. The initial order directing such custody
shall contain an order appointing counsel and scheduling the
preliminary hearing and upon its service shall require the
immediate transfer of custody of such child or children to the
state department or a responsible relative which may include any
parent, guardian or other custodian. The court order shall state:
(1) That continuation in the home is contrary to the best interests
of the child and why; and (2) whether or not the state department
made a reasonable effort to prevent the placement or that the
emergency situation made such efforts unreasonable or impossible. The order may also direct any party or the department to initiate
or become involved in services to facilitate reunification of the
family.
(b) Whether or not the court orders immediate transfer of
custody as provided in subsection (a) of this section, if the facts
alleged in the petition demonstrate to the court that there exists
imminent danger to the child, the court may schedule a preliminary
hearing giving the respondents at least five days' actual notice.
If the court finds at the preliminary hearing that there are no
alternatives less drastic than removal of the child and that a
hearing on the petition cannot be scheduled in the interim period,
the court may order that the child be delivered into the temporary
custody of the state department or a responsible relative, which
may include any parent, guardian or other custodian, or another
appropriate person or agency for a period not exceeding sixty days:
Provided, That the court order shall state: (1) That continuation
in the home is contrary to the best interests of the child and
state the reasons therefor; (2) whether or not the department made
reasonable efforts to prevent the child's removal from his or her
home; (3) whether or not the state department made a reasonable
effort to prevent the placement or that the emergency situation
made such efforts unreasonable or impossible; and (4) what efforts
should be made by the department to facilitate the child's return
home: Provided, however, That if the court grants an improvement
period as provided in section twelve of this article, the sixty-day
limit upon temporary custody shall be waived.
(c) If a child or children shall, in the presence of a child
protective service worker of the division of human services, be in
an emergency situation which constitutes an imminent danger to the
physical well-being of the child or children, as that phrase is
defined in section three, article one of this chapter, and if such
worker has probable cause to believe that the child or children
will suffer additional child abuse or neglect or will be removed
from the county before a petition can be filed and temporary
custody can be ordered, the worker may, prior to the filing of a
petition, take the child or children into his or her custody
without a court order: Provided, That after taking custody of such
child or children prior to the filing of a petition, the worker
shall forthwith appear before a circuit judge or a juvenile referee
of the county wherein custody was taken or if no such judge or
referee be available, before a circuit judge or a juvenile referee
of an adjoining county, and shall immediately apply for an order
ratifying the emergency custody of the child pending the filing of
a petition. The circuit court of every county in the state shall
appoint at least one of the magistrates of the county to act as a
juvenile referee, who shall serve at the will and pleasure of the
appointing court and who shall perform the functions prescribed for
such position by the provisions of this subsection. The parents,
guardians or custodians of the child or children may be present at
the time and place of application for an order ratifying custody
and if at the time the child or children are taken into custody by
the worker, the worker knows which judge or referee is to receive the application, the worker shall so inform the parents, guardians
or custodians. The application for emergency custody may be on
forms prescribed by the supreme court of appeals or prepared by the
prosecuting attorney or the applicant and shall set forth facts
from which it may be determined that the probable cause described
above in this subsection exists. Upon such sworn testimony or
other evidence as the judge or referee deems sufficient, the judge
or referee may order the emergency taking by the worker to be
ratified. If appropriate under the circumstances, the order may
include authorization for an examination as provided for in
subsection (b), section four of this article. If a referee issues
such an order, the referee shall by telephonic communication have
such order orally confirmed by a circuit judge of the circuit or an
adjoining circuit who shall on the next judicial day enter an order
of confirmation. If the emergency taking is ratified by the judge
or referee, emergency custody of the child or children shall be
vested in the state department until the expiration of the next two
judicial days, at which time any such child taken into emergency
custody shall be returned to the custody of his or her parent,
guardian or custodian unless a petition has been filed and custody
of the child has been transferred under the provisions of section
three of this article.
§49-6-5. Disposition of neglected or abused children.
(a) Following a determination pursuant to section two of this
article wherein the court finds a child to be abused or neglected,
the department shall file with the court a copy of the child's case plan, including the permanency plan for the child. The term case
plan means a written document that includes, where applicable, the
requirements of the family case plan as provided for in section
three, article six-d of this chapter and that also includes at
least the following: A description of the type of home or
institution in which the child is to be placed, including a
discussion of the appropriateness of the placement and how the
agency which is responsible for the child plans to assure that the
child receives proper care and that services are provided to the
parents, child and foster parents in order to improve the
conditions in the parent(s) home, facilitate return of the child to
his or her own home or the permanent placement of the child and
address the needs of the child while in foster care, including a
discussion of the appropriateness of the services that have been
provided to the child. The term "permanency plan" refers to that
part of the case plan which is designed to achieve a permanent home
for the child in the least restrictive setting available. The plan
must document efforts to ensure that the child is returned home
within approximate time lines for reunification as set out in the
plan. If reunification is not the permanency plan for the child,
the plan must state why reunification is not appropriate and detail
the alternative placement for the child to include approximate time
lines for when such placement is expected to become a permanent
placement. This case plan shall serve as the family case plan for
parents of abused or neglected children. Copies of the child's
case plan shall be sent to the child's attorney and parent, guardian or custodian at least five days prior to the dispositional
hearing. The court shall forthwith proceed to disposition giving
both the petitioner and respondents an opportunity to be heard.
The court shall give precedence to dispositions in the following
sequence:
(1) Dismiss the petition;
(2) Refer the child, the abusing parent or other family
members to a community agency for needed assistance and dismiss the
petition;
(3) Return the child to his or her own home under supervision
of the state department;
(4) Order terms of supervision calculated to assist the child
and any abusing parent or parents or custodian which prescribe the
manner of supervision and care of the child and which are within
the ability of any parent or parents or custodian to perform;
(5) Upon a finding that the abusing parent or parents are
presently unwilling or unable to provide adequately for the child's
needs, commit the child temporarily to the custody of the state
department, a licensed private child welfare agency or a suitable
person who may be appointed guardian by the court. The court order
shall state: (1) That continuation in the home is contrary to the
best interests of the child and why; (2) whether or not the state
department made a reasonable effort to prevent the placement to
include a statement of what efforts were made or that the emergency
situation made such efforts unreasonable or impossible; and (3) the
specific circumstances of the situation which makes such efforts unreasonable if services were not offered by the department. The
court order shall also determine under what circumstances the
child's commitment to the department shall continue.
Considerations pertinent to the determination include whether the
child should: (1) Be continued in foster care for a specified
period; (2) should be considered for adoption; (3) because of a
child's special needs or circumstances, be continued in foster care
on a permanent or long-term basis; or (4) be continued in foster
care until reunification is achieved. The court may order services
to meet the special needs of the child. Whenever the court
transfers custody of a youth to the department of human services,
an appropriate order of financial support by the parents or
guardians shall be entered in accordance with section five, article
seven of this chapter; or
(6) Upon a finding that there is no reasonable likelihood that
the conditions of neglect or abuse can be substantially corrected
in the near future, and when necessary for the welfare of the
child, terminate the parental or custodial rights and/or
responsibilities of the abusing parent and commit the child to the
permanent sole custody of the nonabusing parent, if there be one,
or, if not, to either the permanent guardianship of the state
department or a licensed child welfare agency. If the court shall
so find, then in fixing its dispositional order, the court shall
consider the following factors: (1) The child's need for
continuity of care and caretakers; (2) the amount of time required
for the child to be integrated into a stable and permanent home environment; and (3) other factors as the court considers necessary
and proper. Notwithstanding any other provision of this article,
the permanent parental rights shall not be terminated if a child
fourteen years of age or older or otherwise of an age of discretion
as determined by the court, objects to such termination. No
adoption of a child shall take place until all proceedings for
termination of parental rights under this article and appeals
thereof are final. In determining whether or not parental rights
should be terminated, the court shall consider the efforts made by
the department to provide remedial and reunification services to
the parent. The court order shall state: (1) That continuation in
the home is not in the best interest of the child and why; (2) why
reunification is not in the best interests of the child; (3)
whether or not the state department made a reasonable effort to
prevent the placement or that the emergency situation made such
efforts unreasonable or impossible; and (4) whether or not the
state department made a reasonable effort to reunify the family
including a description of what efforts were made or that such
efforts were unreasonable due to specific circumstances.
(b) As used in this section, "no reasonable likelihood that
conditions of neglect or abuse can be substantially corrected"
shall mean that, based upon the evidence before the court, the
abusing adult or adults have demonstrated an inadequate capacity to
solve the problems of abuse or neglect on their own or with help.
Such conditions shall be deemed to exist in the following
circumstances, which shall not be exclusive:
(1) The abusing parent or parents have habitually abused or
are addicted to alcohol, controlled substances or drugs, to the
extent that proper parenting skills have been seriously impaired
and such abusing parent or parents have not responded to or
followed through the recommended and appropriate treatment which
could have improved the capacity for adequate parental functioning;
(2) The abusing parent or parents have willfully refused or
are presently unwilling to cooperate in the development of a
reasonable family case plan designed to lead to the child's return
to their care, custody and control;
(3) The abusing parent or parents have not responded to or
followed through with a reasonable family case plan or other
rehabilitative efforts of social, medical, mental health or other
rehabilitative agencies designed to reduce or prevent the abuse or
neglect of the child, as evidenced by the continuation or
insubstantial diminution of conditions which threatened the health,
welfare or life of the child;
(4) The abusing parent or parents have abandoned the child;
(5) The abusing parent or parents have repeatedly or seriously
injured the child physically or emotionally, or have sexually
abused or sexually exploited the child, and the degree of family
stress and the potential for further abuse and neglect are so great
as to preclude the use of resources to mitigate or resolve family
problems or assist the abusing parent or parents in fulfilling
their responsibilities to the child; or
(6) The abusing parent or parents have incurred emotional illness, mental illness or mental deficiency of such duration or
nature as to render such parent or parents incapable of exercising
proper parenting skills or sufficiently improving the adequacy of
such skills.
(c) The court may as an alternative disposition allow to the
parents or custodians an improvement period not to exceed three
months. During this period the parental rights shall not be
permanently terminated and the court shall require the parent to
rectify the conditions upon which the determination was based.
The court may order the child to be placed or to continue to be
placed with the parents, a relative, the state department or other
appropriate placement during the period. At the end of the period
the court shall hold a hearing to determine whether the conditions
have been adequately improved and at the conclusion of such hearing
shall make a further dispositional order in accordance with this
section.
§49-6-12. Improvement period in cases of child neglect or abuse.
(a) A court may grant a respondent an improvement period prior
to making a finding that a child is abused or neglected pursuant to
section two of this article only when:
(1) The respondent files a written motion requesting the
improvement period;
(2) The respondent demonstrates, by clear and convincing
evidence that the improvement period is likely to remedy the
situation precipitating the filing of the petition and further the
court makes a finding, on the record, of the terms of the improvement period and the likelihood of success of the improvement
period;
(3) The court holds a hearing to review the matter within
sixty days of the granting of the improvement period in order to
review the terms and progress in the improvement period;
(4) The order granting the improvement period requires the
department to prepare and submit to the court a family case plan in
accordance with the provisions of section three, article six-d of
this chapter; and
(5) The petition does not include any allegations that the
child has been physically abused or sexually abused by any
respondent.
(b) After finding that a child is an abused or neglected child
pursuant to section two of this article, a court may grant a
respondent an improvement period of a period not to exceed three
months when:
(1) The respondent files a written motion requesting the
improvement period;
(2) The respondent demonstrates, by clear and convincing
evidence that the improvement period is likely to remedy the
situation precipitating the filing of the petition and further the
court makes a finding, on the record, of the terms of the
improvement period and the likelihood of success of the improvement
period;
(3) The court holds a hearing to review the matter within
sixty days of the granting of the improvement period in order to review the terms and progress in the improvement period;
(4) The respondent has not previously been granted any
improvement period or the respondent demonstrates that there has
been a substantial change in circumstances which increases the
parent's ability to fully participate in a further improvement
period; and
(5) The order granting the improvement period requires the
department to prepare and submit to the court a family case plan in
accordance with the provisions of section three, article six-d of
this chapter.
(c) The court may grant an improvement period as a disposition
pursuant to section five of this article when:
(1) The respondent moves in writing for the improvement
period;
(2) The respondent demonstrates by clear and convincing
evidence, that the improvement period is likely to remedy the
situation precipitating the filing of the petition;
(3) The court holds a hearing to review the matter within
sixty days of the granting of the improvement period in order to
review the terms and progress in the improvement period;
(4) The respondent has not previously been granted any
improvement period or the respondent demonstrates that there has
been a substantial change in circumstances which increases the
parent's ability to fully participate in a further improvement
period; and
(5) The order granting the improvement period shall require the department to prepare and submit to the court a family case
plan in accordance with the provisions of section three, article
six-d of this chapter.
(d) Upon the motion by any party, the court shall terminate
any improvement period granted pursuant to this section when the
court finds that respondent has failed to fully participate in the
terms of the improvement period.
(e) A court may extend any improvement period granted pursuant
to this section for a period not to exceed three months when the
court finds that the parent has substantially complied with the
terms of the improvement period; that the continuation of the
improvement period will not substantially impair the ability of the
department to permanently place the child; and that such extension
is otherwise consistent with the best interest of the child.
(f) This section may not be construed to prohibit a court from
ordering a respondent to participate in services designed to
reunify a family nor to relieve the department of any duty to make
reasonable efforts to reunify a family required by state or federal
law.
ARTICLE 6D. WEST VIRGINIA CHILD PROTECTIVE SERVICES ACT.
§49-6D-3. Family case plans for parents of abused or neglected
children.
(a) Within the limits of funds available, the department of
human services shall develop a family case plan for every family
wherein a person has been referred to the department after being
allowed an improvement period under the provisions of subsection (c), section five, article six of this chapter, and section twelve
of said article and for each family referred to the department for
supervision and treatment following a determination by a court that
a parent, guardian or custodian in such family has abused or
neglected a child. The department may also prepare a family case
plan for any person who voluntarily seeks child abuse and neglect
services from the department or who is referred to the department
by another public agency or private organization. The family case
plan is to clearly set forth an organized, realistic method of
identifying family problems and the logical steps to be used in
resolving or lessening those problems. Every family case plan
prepared by the department shall contain the following:
(1) A listing of specific, measurable, realistic goals to be
achieved;
(2) An arrangement of goals into an order of priority;
(3) A listing of the problems that will be addressed by each
goal;
(4) A specific description of how the assigned caseworker or
caseworkers and the abusing parent, guardian or custodian will
achieve each goal;
(5) A description of the departmental and community resources
to be used in implementing the proposed actions and services;
(6) A list of the services which will be provided;
(7) Time targets for the achievement of goals or portions of
goals;
(8) An assignment of tasks to the abusing or neglecting parent, guardian or custodian to the caseworker or caseworkers and
to other participants in the planning process; and
(9) A designation of when and how often tasks will be
performed.
(b) In cases where the family has been referred to the
department by a court under the provisions of this chapter and
further action before the court is pending, the family case plan
described in subsection (a) of this section shall be furnished to
the court within thirty days after the entry of the order referring
the case to the department and shall be available to counsel for
the parent, guardian or custodian and counsel for the child or
children. The department shall encourage participation in the
development of the family case plan by the parent, guardian or
custodian and if the child is above the age of twelve years and the
child's participation is otherwise appropriate, by the child. It
shall be the duty of counsel for the participants to participate in
the development of the family case plan. The family case plan may
be modified from time to time by the department to allow for
flexibility in goal development and in each such case the
modifications shall be submitted to the court in writing. The
court shall examine the proposed family case plan or any
modification thereof and upon a finding by the court that the plan
or modified plan can be easily communicated, explained and
discussed so as to make the participants accountable and able to
understand the reasons for any success or failure under the plan,
the court shall inform the participants of the probable action of the court if goals are met or not met.
(c) (1) In addition to the family case plan provided for under
the provisions of subsection (b) of this section, the department
shall prepare, as an appendix to the family case plan, an expanded
"worker's case plan". As utilized by the department under the
provisions of this section, the worker's case plan shall consist of
the following:
(A) All of the information contained in the family case plan
described in this subsection;
(B) A prognosis for each of the goals projected in the family
case plan, assessing the capacity of the parent, guardian or
custodian to achieve the goal and whether available treatment
services are likely to have the desired outcome;
(C) A listing of the criteria to be used to assess the degree
to which each goal is attained;
(D) A description of when and how the department will decide
when and how well each goal has been attained;
(E) If possible, a listing of alternative methods and specific
services which the caseworker or caseworkers may consider using if
the original plan does not work; and
(F) A listing of criteria to be used in determining when the
family case plan should be terminated.
(2) Because the nature of the information contained in the
worker's case plan described in subdivision (1) of this subsection
may, in some cases, be construed to be negative with respect to the
probability of change or may be viewed as a caseworker's attempt to impose personal values into the situation, or may raise barriers of
hostility and resistance between the caseworker and the family
members, the worker's case plan shall not be made available to the
court or to persons outside of the department, but shall be used by
the department for the purpose of confirming the effectiveness of
the family case plan or for determining that changes in the family
case plan need to be made.
(d) In furtherance of the provisions of this article, the
commissioner of the division of human services shall, within the
limits of available funds, establish programs and services for the
following purposes:
(1) For the development and establishment of training programs
for professional and paraprofessional personnel in the fields of
medicine, law, education, social work and other relevant fields who
are engaged in, or intend to work in, the field of the prevention,
identification and treatment of child abuse and neglect; and
training programs for children, and for persons responsible for the
welfare of children, in methods of protecting children from child
abuse and neglect;
(2) For the establishment and maintenance of centers, serving
defined geographic areas, staffed by multidisciplinary teams and
community teams of personnel trained in the prevention,
identification and treatment of child abuse and neglect cases, to
provide a broad range of services related to child abuse and
neglect, including direct support and supervision of satellite
centers and attention homes, as well as providing advice and consultation to individuals, agencies and organizations which
request such services;
(3) For furnishing services of multidisciplinary teams and
community teams, trained in the prevention, identification and
treatment of child abuse and neglect cases, on a consulting basis
to small communities where such services are not available;
(4) For other innovative programs and projects that show
promise of successfully identifying, preventing or remedying the
causes of child abuse and neglect, including, but not limited to,
programs and services designed to improve and maintain parenting
skills, programs and projects for parent self-help and for
prevention and treatment of drug-related child abuse and neglect;
and
(5) Assisting public agencies or nonprofit private
organizations or combinations thereof in making applications for
grants from, or in entering into contracts with, the secretary of
the federal department of health and human services for
demonstration programs and projects designed to identify, prevent
and treat child abuse and neglect.
(e) Agencies, organizations and programs funded to carry out
the purposes of this section shall be structured so as to comply
with any applicable federal law, any regulation of the federal
department of health and human services or the secretary thereof
and any final comprehensive plan of the federal advisory board on
child abuse and neglect. In funding organizations, the department
shall, to the extent feasible, ensure that parental organizations combating child abuse and neglect receive preferential treatment.