CHILD WELFARE MANUAL

Section 6, Chapter 7, (Children’s Division’s Appeal Processes), Subsection 9. – (Adoption Staffing Team Decision Review For Family Not Selected)

7.9 Adoption Staffing Team Decision Review For Family Not Selected

Policy regarding the Adoption Staffing process is located in Section 4 Chapter 28, and Section 4 Chapter 27 Subsection 4. Policy regarding reaching consensus decisions is located in Section 4 Chapter 7 Subsection 2 Sub subsection 4.

The procedure to provide oversight for the family not selected made by an Adoption Staffing Team is to provide the family not selected and other team members a voice.

 7.9.1   Request for Review

A family not selected as the adoptive resource or a team member may request a review of the decision made by the Adoption Staffing Team, if the family believes the following regarding the staffing:

  1. There was a procedure error per Adoption Staffing Team process
  2. The requestor provides specific examples of perceived bias which    precluded consensus from being reached.

The family must submit a request for review:

  1. Within (3) business days of the Adoption Staffing Team Meeting Decision
  2. In writing using the CD-190
  3. Submitted to the Circuit Manager of the case manager for the foster youth(s) for which the Adoption Staffing Team was convened.
  4. If the case is managed by a Foster Care Case Management, (FCCM), contractor, submitted to the FCCM Director.

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.

7.9.2   Independent 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 Statues Chapter, 210.001, 210.112 4 (3), 210.565, 210.720, 210.762 and policy Section 4 Chapter 9.

7.9.3   Time Frames           

7.9.3.1   Request for Review

All families reviewed will be notified of the decision within one business day of the decision

An Adoption Staffing Team member or other team member who attended the staffing must submit a written request for an Adoption Staffing Team decision review using the CD-190 to the Circuit Manager within three (3) business days of the decision. Requests after three (3) days will not be considered.    

7.9.3.2 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 three (3) business days of the meeting, the Circuit Manager will contact the requester to report that the deadline was not met and the Adoption Staffing Team decision will not be reviewed.
  3. The Reviewer will be provided with the following documents and information within one (1) business day of being assigned the request for an Adoption Staffing Team decision review:
      1. Adoption Profile(s);
      2. Adoption staffing information packet including Home Assessments for all candidates;
      3. A copy of the foster youth(s)’ CS-1; and
      4. The contact information for all the Adoption Staffing Team members who attended the staffing
      5. The Reviewer will examine and review the documents regarding the adoption staffing and the Team’s decision.
      6. 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 requestor
        2. Perspective adoptive parent(s) and support individual of their choice,
        3. Placement provider(s) and support individual of their choice,
        4. Foster youth, if age appropriate
        5. Guardian Ad Litem for the foster youth(s)
        6. The Reviewer may interview additional FST attendees, if the Reviewer deems it necessary to make the final conclusion.
        7. The Reviewer will submit to the Circuit Manager a written report of his or her response following the review of the Adoption Staffing Team decision within five (5) business days of assignment of the review request.

 7.9.4 Review Response       

There are three (3) possible responses from the Reviewer following the review of the Adoption Staffing Team’s decision:

  1. If the Reviewer concludes the Adoption Staffing procedure was followed and consensus was reached, the Team’s decision stands
  2. If the Reviewer concludes the Adoption Staffing Team procedure was in error per policy, the Reviewer will:
    1. Reconvene the Team members
    2. Facilitate a new staffing
    3. Achieve an appropriate consensus decision for best interest of the foster youth(s)
  3. If the Reviewer concludes there was no consensus of the Adoption Staffing Team in the decision making and evidence of extreme bias by one or more members, the Reviewer will:
    1. Reconvene the Team members
    2. Facilitate a new staffing
    3. Achieve an appropriate consensus decision for best interest of the foster youth(s)
        1.  

The Reviewer submits to the Circuit Manager a written report of his/her conclusion after review of the Adoption Staffing Team decision using the CD-190 A. 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 Adoption Staffing and outcome (if applicable)
    6. Details to support that Adoption Staffing Team 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 family continues to not agree with the final decision by the Reviewer refer the family to their attorney for consultation regarding their right to file a petition for adoption.

Memoranda History (After 01/31/07):

CD16-12

7.9 Adoption Staffing Team Decision Review For Family Not Selected

Policy regarding the Adoption Staffing process is located in Section 4 Chapter 28, and Section 4 Chapter 27 Subsection 4. Policy regarding reaching consensus decisions is located in Section 4 Chapter 7 Subsection 2 Sub subsection 4.

The procedure to provide oversight for the family not selected made by an Adoption Staffing Team is to provide the family not selected and other team members a voice.

 7.9.1   Request for Review

A family not selected as the adoptive resource or a team member may request a review of the decision made by the Adoption Staffing Team, if the family believes the following regarding the staffing:

  1. There was a procedure error per Adoption Staffing Team process
  2. The requestor provides specific examples of perceived bias which    precluded consensus from being reached.

The family must submit a request for review:

  1. Within (3) business days of the Adoption Staffing Team Meeting Decision
  2. In writing using the CD-190
  3. Submitted to the Circuit Manager of the case manager for the foster youth(s) for which the Adoption Staffing Team was convened.
  4. If the case is managed by a Foster Care Case Management, (FCCM), contractor, submitted to the FCCM Director.

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.

7.9.2   Independent 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 Statues Chapter, 210.001, 210.112 4 (3), 210.565, 210.720, 210.762 and policy Section 4 Chapter 9.

7.9.3   Time Frames           

7.9.3.1   Request for Review

All families reviewed will be notified of the decision within one business day of the decision

An Adoption Staffing Team member or other team member who attended the staffing must submit a written request for an Adoption Staffing Team decision review using the CD-190 to the Circuit Manager within three (3) business days of the decision. Requests after three (3) days will not be considered.    

7.9.3.2 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 three (3) business days of the meeting, the Circuit Manager will contact the requester to report that the deadline was not met and the Adoption Staffing Team decision will not be reviewed.
  3. The Reviewer will be provided with the following documents and information within one (1) business day of being assigned the request for an Adoption Staffing Team decision review:
    1. Adoption Profile(s);
    2. Adoption staffing information packet including Home Assessments for all candidates;
    3. A copy of the foster youth(s)’ CS-1; and
    4. The contact information for all the Adoption Staffing Team members who attended the staffing
    5. The Reviewer will examine and review the documents regarding the adoption staffing and the Team’s decision.
    6. 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 requestor
        2. Perspective adoptive parent(s) and support individual of their choice,
        3. Placement provider(s) and support individual of their choice,
        4. Foster youth, 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.

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

 7.9.4 Review Response       

There are three (3) possible responses from the Reviewer following the review of the Adoption Staffing Team’s decision:

  1. If the Reviewer concludes the Adoption Staffing procedure was followed and consensus was reached, the Team’s decision stands
  2. If the Reviewer concludes the Adoption Staffing Team procedure was in error per policy, the Reviewer will:
    1. Reconvene the Team members
    2. Facilitate a new staffing
    3. Achieve an appropriate consensus decision for best interest of the foster youth(s)
  3. If the Reviewer concludes there was no consensus of the Adoption Staffing Team in the decision making and evidence of extreme bias by one or more members, the Reviewer will:
      1. Reconvene the Team members
      2. Facilitate a new staffing
      3. Achieve an appropriate consensus decision for best interest of the foster youth(s)

The Reviewer submits to the Circuit Manager a written report of his/her conclusion after review of the Adoption Staffing Team decision using the CD-190 A. 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 Adoption Staffing and outcome (if applicable)
  6. Details to support that Adoption Staffing Team procedure was followed and consensus was reached with no bias
  7. Evidence based support that 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 family continues to not agree with the final decision by the Reviewer refer the family to their attorney for consultation regarding their right to file a petition for adoption.

Memoranda History (After 01/31/07):

CD16-12