CHILD WELFARE MANUAL

Section 6, Chapter 7 (Children’s Division’s Appeal Processes), Subsection 8, – (Family Support Team Decision Review)

7.8 Family Support Team Decision Review

Policy regarding Family Support Team (FST) Meetings is located in Section 4 Chapter 7 Subsection 2, and Section 4 Chapter 9 Subsection 6. Policy regarding reaching consensus for FST decisions is located Section 4 Chapter 7 Subsection 2 Sub-subsection 4. The policy guidelines in policy 4.7.2.2 must be followed before proceeding to a review of the decision as outlined in this section.

The procedure to provide oversight for decisions made by Family Support Teams is to ensure that all team members have a voice and that a consensus decision is made.

Consensus decision making is a creative and dynamic way of reaching agreement between all members of the FST for the best interest of the foster youth. Instead of simply voting for an item and having the majority of the group getting their way, a group using consensus is committed to finding solutions for the best interest of the foster youth that everyone actively supports, or can agree to. This ensures that all opinions, ideas and concerns are taken into account. Through listening closely to each other, the FST aims to come up with proposals that work for the best interest of the foster youth. Consensus is neither compromise nor unanimity – it aims to go further by weaving together everyone’s best ideas and key concerns – a process that often results in surprising and creative solutions, inspiring both the individual and the FST as a whole.

 7.8.1   Request for Review

A Family Support Team member who attended the team meeting may request a review of the team’s decision using the Request for Review of FST Decision, CD-190, if the member believes the following regarding the meeting:

  1. There was a procedure error per FST meeting policy
  2. The requestor provides specific examples of perceived bias which precluded consensus from being reached.

The Family Support Team member who attended the meeting and requested the review of the team’s decision must submit the request for review;

  1. Within five (5) business days of the Family Support Team Meeting;
  2. In writing using the CD-190; and
  3. To the Circuit Manager of the case manager for the foster youth(s) for which the FST was convened.
  4. If the case is managed by a Foster Care Case Management, (FCCM), contractor, to the FCCM Director.

If a required FST member was not included in the invitation for the meeting, they may follow the Service Delivery Grievance process.

7.8.2   Independent FST Reviewer Qualifications

The Independent reviewer is appointed by the Regional Director. The reviewer must meet the following qualifications:

  1. Current Children’s Division Staff
  2. No connection to the case
  3. No personal or perceived interest in the outcome of the case
  4. Successful completion of Mediation Training
  5. Demonstrates skills with handling emotionally charged situations  
  6. Demonstrates skills in problem solving
  7. Demonstrates skills in active listening
  8. Demonstrates skills in effective questioning  
  9. Demonstrates an excellent understanding and practice of the best interest of the child per Missouri Revised Statutes Chapter 210, 210.001, 210.112 4(3), 210.565, 210.720, 210.762 and policy Section 4 Chapter 9                     

 7.8.3   Time Frames 

 7.8.3.1   Request for Review

A family support team member who attended the FST must submit a written request for an FST review using the CD-190 to the Circuit Manager within five (5) business days of the meeting. Requests after five days will not be considered.

If there are no safety concerns regarding the foster youth(s) remaining in the home, they should not be moved from the home until the decision is finalized                

7.8.3.2 Review Process

  1.       The Circuit Manager will assign the request for a review to the Reviewer within one (1) business day of receiving the written request, CD-190. The Circuit Manager will provide a copy of the CD-190 to the Reviewer when assigned.
  2. If the request is received beyond five (5) business days of the meeting, the Circuit Manager will contact the requester to report that the deadline was not met and the FST decision will not be reviewed.
    1. If the requestor is the resource parent where the foster youth is placed, encourage them to exercise their right to be heard at the case’s court hearing as referenced in the Missouri Resource Parent Handbook
    2. Refer to policy regarding roles, responsibilities, and rights of resource providers, Section 1 Chapter 3
    3. Refer to Missouri Revised Statute, 211.464
  3. The Reviewer will be provided with the following documents and information within one (1) business day of being assigned the request for a FST decision review:
    1. A copy of the FST-3
    2. If the FST-3 was not used, copy of documented information from the meeting and a copy of the FST-1
    3. A copy of the foster youth(s)’ CS-1
    4. The contact information for all FST members.

4. The Reviewer will examine and review the documents regarding the FST meeting and the team’s Decision.

5. The Reviewer will interview the following individuals who attended the FST meeting within two (2) business days of the Reviewer receiving the CD-190 from the Circuit Manager/private contractor Director:

    1. Review requester
    2. Parent(s) and support individual of their choice,
    3. Placement provider(s) and support individual of their choice,
    4. Foster youth(s), if age appropriate
    5. Guardian Ad Litem for the foster youth(s)

The Reviewer may interview additional FST attendees, if the Reviewer deems it necessary to make the final conclusion.

6. The Reviewer will submit to the Circuit Manager a written report of his/her response following the review of the FST decision within five (5) business days of assignment of the review request.

  7.8.4 Review Response Report      

There are three (3) possible responses from the Reviewer following the review of the FST decision using the Family Support Team Meeting/Adoption Staffing Committee Decision Review Report, CD-190 A:

  1. If the Reviewer concludes the FST procedure was followed and consensus was reached, the team’s decision stands
  2. If the Reviewer concludes the FST procedure was in error per policy, the Reviewer will:
    1. Reconvene the team members
    2. Facilitate a new meeting
    3. Achieve appropriate consensus decision for best interest of the foster youth(s)

If the Reviewer concludes there was no consensus of the FST in the decision making and one or more members evidenced extreme bias, the Reviewer will:

    1. Reconvene the team members
    2. Facilitate a new meeting
    3. Achieve appropriate consensus decision for best interest of the foster youth(s)

The Reviewer submits to the Circuit Manager a completed CD-190 A of his/her conclusion after review of the FST decision. The report must include:

  1. Specific examples of procedure error ( if applicable)
  2. Specific examples of no consensus (if applicable)
  3. Specific examples of bias (if applicable)
  4. The names and dates of who and when team members were interviewed
  5. Date(s) of reconvened FST meeting and outcome (if applicable)
  6. Details to support that FST procedure was followed and consensus was reached with no bias
  7. Evidence based support the best interest of the child was met

The Reviewer’s conclusion will be reasonable, fair, expeditious and the Children’s Division’s final decision.

Within three (3) business days of receiving the Reviewer’s conclusion, the Circuit Manager will notify the review requester the conclusion of the Reviewer.

If the requester is the resource parent where the foster youth is placed and continues to not agree with the final decision by the Reviewer refer the requester to RSMo 211.464 and RSMo 210.761 regarding testifying at foster care hearings.

Memoranda History (After 01/31/07):

CD16 -12;