Additional Updated Policy
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Additional Updated Policy Table of Contents Chapter 1 Administration 1.8 Child Welfare Funding - Title IV-E Foster Care Maintenance Payments Chapter 3 Assessment and Investigation and Chapter 4 Family Preservation 300 / 400 Child Protective Services Alerts Chapter 16 Special Projects 1600 Sex Trafficking Policy 1610 Plan of Safe Care for Substance Affected Infants 1620 Persons with Disabilities Right to Parent Act State of South Carolina Department of Social Services Child Welfare Policy: Chapter 1: Administration, Section 1.8: Child Welfare Funding Subject: Title IV-E Foster Care Maintenance Payments Authority: Family First Prevention Services Act of 2018, Public Law 115-123 Standards: N/A Application: All Child Welfare Programs Policy Statement: Title IV-E eligibility determination must be completed for every child that enters out-of-home care. In addition, a Title IV-E eligibility determination must be completed each time an out- ofhome care episode begins. There are two (2) categories of Title IV-E eligibility criteria that impact a child’s status: 1. Initial eligibility; and 2. Ongoing eligibility. Purpose: The South Carolina Department of Social Services (SCDSS) will utilize Title IV-E Foster Care funding (Title IV-E), a federal program that is authorized under and administered in accordance with Title IV-E of the Social Security Act. Children placed Federal foster care regulations allow title IV-E agencies to claim foster care with parents in a maintenance payments (FCMPs) for a child placed with a parent in a licensed licensed residential family-based treatment facility for substance abuse for up residential to 12 months in accordance with requirements in sections 472(j) and family-based 472(a)(2)(C) of the Act. Title IV-E agencies may also claim administrative treatment costs during the 12-month period consistent with 45 CFR 1356.60(c) for the facility for administration of the title IV-E program, which includes such things as case substance management. A licensed residential family-based treatment facility for abuse substance abuse is not a child care institution (CCI) as defined in section 472(c) of the Act. While the facility must be licensed, there is no requirement that it meet the title IV-E licensing and background check requirements for a CCI. The title IV-E agency may claim FCMPs in accordance with the definition in section 475(4)(A) of the Act, which includes such things as the cost of providing food, clothing, shelter, and daily supervision. However, because a licensed residential family-based treatment facility for substance abuse is not a CCI, the title IV-E agency may not include the costs of administration and operation of the facility in the child’s title IV-E FCMP. Also see section 472(k)(1)(A) of the Act. The child must meet all the title IV-E foster care eligibility requirements except the AFDC eligibility requirements in sections 472(a)(1)(B) and (3) of the Act. The requirement that the child is under the placement and care Original Effective Date:10-01-2018 Current Effective Date: 10-01-2018 Page 1 of 2 responsibility of the title IV-E agency while placed with the parent in the facility remains in effect. Original Effective Date: 10-01-2018 Current Effective Date: 10-01-2018 Page 2 of 2 State of South Carolina Department of Social Services Child Welfare Policies and Procedures: 300 400 Child Protective Services Alerts Subject: Child Protective Services Alerts Authority: S.C. Code 63-7-910; S.C. Code 63-7-1990 Standards: N/A Application: Child Welfare Services Staff Policy Statement: The Department of Social Services maintains an automated process for collection and dissemination of Child Protective Services Alerts whenever a child in an open case is deemed missing and there is a concern for present or impending danger. Purpose: To provide information and directives regarding Child Protective Services Alerts and the requirement of program staff to notify the Office of Safety Management so that information can be communicated statewide to keep children safe. Definitions: Child Protective Services (CPS) Alerts: a notification issued when staff are trying to locate persons listed in reports or in findings of child abuse or neglect when staff have exhausted all efforts to locate the family at the local level or there is reason to believe that the family has left the area Present danger: an immediate, significant, and observable severe harm or threat of severe harm occurring in the present Impending danger: a state of danger in which family conditions, behaviors, attitudes, motive, emotions, and/or situations are out of control and, while the danger may not be currently active, it can be anticipated to have severe effects on a child at any time In-state CPS Alert: CPS Alerts initiated on open cases within the state of South Carolina Out-of-state CPS Alert: CPS Alerts issued by and received from another state Procedures: A. In-State 1. The Case Manager must complete Form 2630 and submit the Notification of form to the Office of Safety Management at a CPS Alert [email protected] within 24 hours, providing the following information: a. Names of victims, perpetrator(s), or family members to be included in the alert and all known demographic information, including physical descriptions. b. Circumstances requiring an alert: allegations, risks and special considerations (court orders), immediate medical needs, and law enforcement involvement that place the child at risk of present or impending danger. Original Effective Date: 11/08/2018 Current Effective date: Supercedes: replaces section 729 of Current Child Protective and Preventive Services Policy c. Descriptions of the vehicle, license tag number, or other mode of travel, if known. 2. The Office of Safety Management must enter information into the CAPSS system as a Child Protective Services Alert within one business day. An automated e-mail will be generated and disseminated to County Directors. a. A notification e-mail will be sent to County Directors. b. For CPS Alerts involving criminal activity (ex: kidnapping,) SCDSS Office of the Inspector General must be notified. c. Once the CPS Alert has been entered into CAPSS, the names of the individuals listed in the alert will appear in “blue”. B. Out-of-State 1. For written requests, the employee must complete Form 2630 Notification of and submit the form to the Office of Safety Management at a CPS Alert [email protected] within 24 hours, providing the following information: a. Names of victims, perpetrator(s), or family members to be included in the alert and all known demographic information, including physical descriptions. b. Circumstances requiring an alert: allegations, risks and special considerations (court orders), immediate medical needs, and law enforcement involvement that place the child at risk of present or impending danger. c. Descriptions of the vehicle, license tag number or other mode of travel, if known. 2. For verbal requests, the Case Manager must advise the requesting agency to send a written request to the Office of Safety Management at [email protected]. The Case Manager must request the following information be included: a. Names of victims, perpetrator(s), or family members to be included in the alert and all known demographic information, including physical descriptions. b. Circumstances requiring an alert: allegations, risks and special considerations (court orders), immediate medical needs, and law enforcement involvement that place the child at risk of present or impending danger. Original Effective Date: 11/08/2018 Current Effective Date: Supersedes: replaces section 729 of Current Child Protective and Preventive Services Policy Page 2 of 3 c. Description of the vehicle, license tag number, or other mode of travel, if known. C. Office of Safety 3. For all requests, the Office of Safety Management must enter the Management information into the CAPSS system as a Child Protective Responsibilities Services Alert within one business day. An automated e-mail will be generated and disseminated to County Directors. a. A notification e-mail will be sent to County Directors. b. For CPS Alerts involving criminal activity the SCDSS Office of the inspector General must be notified. c. Once the CPS Alert has been entered into CAPSS, the names of the individuals listed in the alert will appear in “blue”. Forms: Form 2630 Original Effective Date: 11/08/2018 Current Effective Date: Supersedes: replaces section 729 of Current Child Protective and Preventive Services Policy Page 3 of 3 State of South Carolina Department of Social Services Child Welfare Policies and Procedures: Chapter 16: Special Topics 1610 Sex Trafficking Victims Subject: Sex Trafficking Victims Authority: CAPTA, P.L. 114-22, Justice for Victims of Trafficking Act of 2015; S.C. Code § 63-7-20(6)(b); S.C. Code § 16-3-2010 Standards: N/A Application: All Child Welfare Programs Policy Statement: CWS must identify and assess all reports involving children known or suspected to be victims of sex trafficking. CWS must coordinate with law enforcement, juvenile justice, and service providers to provide comprehensive services for children who are sex trafficking victims. Purpose: To set forth procedures for identifying minors who are, or who are at risk of becoming, sex trafficking victims and to provide services to those victims. Definitions: Sex trafficking - the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act. For minors 18 years old and under, there is no requirement of force, fraud, or coercion. Commercial sex act - any sex act for which anything of value is given or received by any person. Case manager – staff providing case management services, in any program area, for victims of sex trafficking. Procedures: A. Intake 1. Intake Practitioners (IPs) must ask all reporters if there is concern, suspicion, or knowledge of prostitution, pornography, or sexual exploitation regarding any child the reporter is calling about.