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SOURCES OF INFORMATION

LFC Files

Children, Youth and Families Department (CYFD)

SUMMARY

Synopsis of Bill

A Joint Memorial resolving that CYFD study the efficacy of alternative placement, including congregate care and small regulated community adoption and permanency homes, in addition to foster and adoptive homes, and submit a plan of study to the appropriated interim legislative committee in June 2001 and its findings and suggested legislation in October 2001.

Significant Issues

Abused and neglected children in the custody of CYFD have an average of three placements within their first year and may have four or more social workers assigned to their case in the same period. Expanding the options for foster and/or adoptive care may result in a reduction of the number of placements.

While CYFD concurs with the intent of the joint memorial, they state that in order to continue to receive federal funds, congregate care options may be only after family-like placements have been pursued and determined to be unavailable or inappropriate. Congregate care settings can only be used for children who are at least 12 years old.

The Adoptions and Safe Families Act Section 475 (5) (C) and the 45 Code of Federal Regulations Part 1355.20 requires putting children into the least restrictive setting in the following order:

• Reunification with the child's family;
• Adoption;
• Guardianship;
• Placement with a fit and willing relative; and
• Other planned permanent living arrangement.




Congregate care facilities fall under option 5 and CYFD must document compelling reasons to a State court in each case as to why one of the first four options are not appropriate before it can be considered.





A study could identify the availability of congregate care and small regulated community adoption and permanency homes that may be available statewide. In addition, the estimated use could be established while still complying with federal mandates.





ADMINISTRATIVE IMPLICATIONS





CYFD will have to designate a study group, develop a project schedule, conduct the study, and prepare interim and final reports to an interim legislative committee with existing staff and other resources.





CYFD will have to define the terms "community adoption and permanency homes" before starting the study.





GAC/ar