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Order Regarding Case Plan Form. This is a Idaho form and can be use in District Court Statewide.
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Order Regarding Case Plan1
IN THE DISTRICT COURT OF THE ^^^^^ JUDICIAL DISTRICT OF
THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ^^^^^
IN THE MATTER OF:
)
)
)
)
)
)
[A Child][Children] Under Eighteen
)
Years of Age.___________________________ )
Case No. ^^^^^
ORDER REGARDING CASE PLAN
This case came before the court on _____________________________, for a
case plan hearing pursuant to the Child Protective Act, Idaho Code Title 16, chapter 16.
The court makes the following findings of fact, conclusions of law, and order, based on
the record at the hearing.
1.2
a.
The following parties were present for the hearing, represented by
the following counsel: ___________________________________________________
_____________________________________________________________________.
b.
The following parties were not present for the hearing: _________
_____________________________________________________________________.
c.
The file shows that notice was given to ______________________
[the absent party] in the following manner: ___________________________________.
[OPT]
d.
The following parents and/or legal guardian of the child have not
appeared, the court file does not show that service of process has been completed, and
further steps to identify, locate, and serve these persons are necessary: _______
_______________________________________________________________________.
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e.3
[OPT]
The child is not an Indian Child [children are not Indian children]
within the meaning of the Indian Child Welfare Act, 25 U.S.C. §§ 1901 – 1963.
[ALT]
e.
The child is an Indian child [children are Indian children] within
the meaning of the Indian Child Welfare Act, 25 U.S.C. §§ 1901 – 1963. The child is a
member [children are members] of or is [are] eligible for membership in the __________
Tribe. [The court file contains proof that notice has been given to the Indian custodian,
Indian Tribe, or Secretary of the Interior, as required by the Act.] [The court file does not
contain proof that notice has been given in accordance with the Indian Child Welfare Act;
further steps are necessary to serve process in accordance with the Act and to document
completion of service in the court’s file.]
[ALT]
e.
At the present time, it cannot be determined whether the child is an
Indian child [children are Indian children] within the meaning of the Indian Child
Welfare Act, 25 U.S.C. §§ 1901-1963. Further steps are necessary to determine whether
the child is an Indian child [children are Indian children].
2.4
The case plan is [approved] [approved with the following modifications:
_____________________________________________________________________.]
[ALT] 2.
The case plan is rejected. The case plan is insufficient in the following
respects: _____________________________________________________________
_____________________________________________________________________.
3.5
This order is entered based upon the following.
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a.
This order is entered consistent with the stipulation of the parties.
The court finds that all parties entered into the agreement knowingly and voluntarily and
that the stipulation has a reasonable basis in fact.
b.
This order is based upon the information set forth in
______________, prepared by ___________________, and dated _______________,
which is incorporated by reference in this order.
c.
Specifically, the court finds and concludes as follows:
_____________________________________________________________________
_____________________________________________________________________.
4.6
a.
IDHW and all parties7 will comply with [the case plan] [the case
plan as modified by this order.] The case plan is incorporated by reference in this order.
Failure to comply with the plan may result in a finding of contempt, which is punishable
by up to five days in jail and a fine of up to $5000.00. The parent’s [parents’] failure to
comply with the plan could result in the filing of a petition to terminate parental rights.
b.
A review hearing is scheduled for [date, time, and location.] At
the review hearing, the court will review the parties’ progress on the plan and determine
whether any modifications need to be made to the plan. IDHW and the GAL will prepare
written reports as to the parties’ progress on the plan, including any suggested
modifications to the plan. The petitioner and the GAL will file the report with the court
and serve copies of the report on the parties at least five days prior to the review hearing.
[ALT] 4.
a.
This planning hearing is continued to [date, time and location].
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b.
IDHW is ordered to prepare a new case plan. The new plan will
address the problems identified in paragraph 3 above. The petitioner will file the plan
with the court and serve copies of the plan on the parties, at least five days prior to the
hearing.
[OPT] 5.
a.
The [^^^^^ County Deputy Prosecutor][Deputy Attorney General]
and/or the Idaho Department of Health and Welfare will take all reasonable steps to
identify, locate, and serve process upon the following persons:
_________________________________________. If service of process is completed,
the petitioner will file proof of service of process with the court. If service of process is
not completed, the steps to identify, locate, and serve these persons will be documented
in a written report to be filed with the court prior to the next scheduled hearing.
[Reasonable steps will include, but are not limited to, the following:
_______________________________________________________________________
______________________________________________________________________.]
[OPT]
b.
The petitioner and the Idaho Department of Health and Welfare
will take all reasonable steps to determine whether the child is an Indian Child [children
are Indian children], within the meaning of the Indian Child Welfare Act. If it is
determined that the child is an Indian child [children are Indian children], the petitioner
will serve process in accordance with the Indian Child Welfare Act and file proof of
service of process with the court. The efforts to determine whether the [child is and
Indian child] [children are Indian children] will be documented in a written report to be
filed with the court prior to the next scheduled hearing. [Reasonable steps will include,
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but are not limited to, the following:
_______________________________________________________________
______________________________________________________________________.]
6.8
[Other]
DATED this _____ day of ____________________, 20___.
______________________________
Magistrate Judge
CERTIFICATE OF SERVICE
I certify that on the _____ day of _______________, 20_____, I served true and
accurate copies of the foregoing document on the following persons, either by deposit in
the U.S. Mail, addressed as follows and with the correct first-class postage affixed
thereto, or by deposit in the designated courthouse mailbox, or by fax to the number
indicated below, or by hand-delivery, as indicated below:
Name:
Served by:
[ ]
Hand-delivery
[ ]
Deposit in the designated courthouse mailbox
[ ]
By fax to: ____________________
[ ]
By deposit in the U.S. Mail addressed as follows:
Name:
Served by:
[ ]
Hand-delivery
[ ]
Deposit in the designated courthouse mailbox
[ ]
By fax to: ____________________
[ ]
By deposit in the U.S. Mail addressed as follows:
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Name:
Served by:
[ ]
Hand-delivery
[ ]
Deposit in the designated courthouse mailbox
[ ]
By fax to: ____________________
[ ]
By deposit in the U.S. Mail addressed as follows:
Name:
Served by:
[ ]
Hand-delivery
[ ]
Deposit in the designated courthouse mailbox
[ ]
By fax to: ____________________
[ ]
By deposit in the U.S. Mail addressed as follows:
____________________________
Deputy Clerk
Last updated January 20, 2007. Click http://www.isc.idaho.gov/childapx.htm for most current version.
1
The Case Plan and Case Plan Hearing are governed by Idaho Code §16-1621 and IJR 44. Permanency
Planning is discussed in Chapter VI of the Idaho Child Protection Manual. Chapter VI of the Manual
contains a detailed discussion of the permanency planning process. The Case Plan Hearing, including the
key decisions that must be made by the court, and the court’s order are discussed in the Manual at §VI.B.
2
If a parent, guardian, or other custodian fails to appear, the order should include findings that notice was
served on the person who failed to appear. If a parent (including a putative father), guardian, or other legal
custodian has not appeared and not been served, then the court should enter orders as necessary to ensure
that the missing parties are identified, located, and served as early as possible in the proceedings, and that
the court file contains documentation of service of process. Paternity testing may be necessary to confirm
that a putative father is a child’s actual father. The importance of finding and including all parents whose
rights have not been terminated, particularly in achieving permanency for the child, is discussed in the
Idaho Child Protection Manual at §V.D.2.
3
The court should determine whether the child is an Indian child within the meaning of the Indian Child
Welfare Act as early as possible in the proceedings. The court should continue to address this issue at each
hearing until any issue as to the child’s status as an Indian child has been resolved, and if it is determined
that the child is an Indian child, until the file continues documentation of notice in accordance with ICWA.
The importance of compliance with ICWA, particularly in achieving permanency for the child, is discussed
throughout the Idaho Child Protection Manual and in Chapter XI of the Manual.
4
In determining whether to approve, modify, or reject the case plan, the court should consider:
___
Whether the current foster care placement is the least disruptive environment and most
family-like setting that meets the needs of the child.
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___
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Whether the plan identifies services to be provided to the child and the foster family,
including services to identify and meet any special medical, educational, emotional,
physical, or developmental needs of the child, to assist the child in adjusting to the
placement, or to ensure the stability of the placement.
Whether the reunification plan identifies all issues that need to be resolved before the
child can safely be returned home without agency supervision.
Whether the reunification plan specifically identifies the tasks to be completed by the
agency, the parents, or others to address each issue, including services to be made
available by the agency to the parents and in which the parents are to be required to
participate and deadlines for completion of each task.
Whether the reunification plan includes appropriate terms for visitation and child support
(including sibling visitation where siblings have been placed separately).
Whether the alternative permanency plan addresses all options for permanent placement
of the child.
Whether the alternative permanency plan assesses the advantages and disadvantages of
each option in light of the child’s best interest.
Whether the recommended option is in the child’s best interest.
Whether the alternative permanency plan specifically identifies the actions necessary to
implement the recommended option and deadlines for those actions.
Whether the alternative permanency plan addresses options for maintaining the child’s
connection to the community, including individuals with a significant relationship to the
child and organizations or community activities with which the child has a significant
connection.
What further efforts are needed to finalize the alternative permanency plan or to
implement the plan.
What further efforts are needed to address any element of the case plan.
Where legal custody of the child is vested in IDHW, the court should inquire into IDHW’s
proposed placement for the child, to ensure that it will be the least disruptive placement available,
and in the most family-like setting that meets the needs of the child, in accordance with Idaho
Code § 16-1629(11). The court does not, however, have authority to order a specific placement
for a child placed in IDHW custody. See Idaho Code §16-1629(8). If the proposed placement is
unacceptable, the court can reject the plan and require filing of a new plan with an acceptable
proposed placement.
Options for permanence in the alternat permanency plan, in order of priority, are: termination of
parental rights and adoption, guardianship, and long-term foster care. Adoption and guardianship
can include placement with a family member. Where reunification is not in the child’s best
interest, then the objective is to determine and facilitate a placement that will provide the child
with a permanent family relationship that will last throughout the child’s lifetime, with full and
permanent responsibility to the new caregiver(s), that is legally secure from modification, and
without ongoing state intervention or monitoring. Termination and adoption is the best option for
permanence, but there may be other factors affecting the child’s best interest that outweigh the
goal of permanence, and therefore warrant one of the other placement options. If guardianship is
chosen, the court should determine, and the plan should document, why guardianship better meets
the child’s best interest than termination of parental rights and adoption. If long-term foster care is
chosen, the court should determine, and the plan should document, the compelling reasons why
long-term foster care better meets the child’s best interest than the higher priority options.
5
The order should include findings and conclusions sufficient to support the court’s actions. The more
severe the action, or the more contested the proceedings, the more detailed the findings should be.
In addition, IJR 38 sets forth the requirements for stipulations in child protection cases. The rule requires
the court to find that the parties entered the agreement knowingly and voluntarily, that the stipulation has a
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reasonable basis in fact, and that the agreement is in the best interest of the child. The rule further states
that an order based on a stipulation must include all case-specific findings required by state or federal law.
6
Review hearings must be held at least once every six months after entry of the decree. Idaho Code §161622(3). Review hearings should be held at least once every three months, unless there is good reason why
more frequent review is unnecessary.
The CPA does not require IDHW or the GAL to submit written reports for a review hearing, but the court
can require them to do so. Filing of review reports is recommended as best practice, to document the
parties’ progress in the court record, and to support later court actions.
7
The phrase “IDHW and all parties” is used in this form because there is a pending, unresolved debate
regarding whether the department is a party or a participant in child protective act cases.
8
The order should include any other matters that need to be addressed to provide for the welfare of the
child, to promote resolution of the case, or to prepare for the review hearing. For example:
___
Other parties who need to be served and joined (other parent, Indian tribe)
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Orders needed for examination, evaluation, other services, pending the review hearing
___
Orders needed for release of information (medical records, school records)
___
Paternity testing
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Other persons to be summoned for the review hearing
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Potential for mediation
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Transport orders (if parent or child is in detention, jail, or prison)
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