The Core Components of Concurrent Planning
Component #2: Full disclosure to all participants in the case planning process

The respectful, candid discussion that begins when a child is placed in foster care, is offered to the parents and other team members, and continues throughout the life of the case and that includes parents’ rights and responsibilities, the problems that have been identified that led to their child’s placement in foster care, the changes needed/the expectations of the agency and the court, alternative decision-making, and possible consequences.

What are the characteristics of full disclosure?
Full disclosure is a respectful, candid discussion that begins when a child is placed in foster care, is offered to the parents and other team members, and continues through the life of the case. 

Who is entitled to full disclosure?
Birth parents, extended family, children and youth, foster parents, relative caregivers, tribal representatives (when appropriate), attorneys, guardians ad litem, and service providers are entitled to full disclosure.

Minnesota Department of Human Services, Children and Family Services:  Practice Guide for Concurrent Permanency Planning (begins on page 3)

What information should be fully disclosed?

Parents should be fully advised of the following:

  • That foster care is temporary and it is not good for children to grow up in foster care
  • That because of the emotional and developmental impact of foster care on a child, the urgent need for permanency either through reunification with the parent or another legally permanent family
  • Their rights and responsibilities
  • The problems that have been identified that led to their child’s placement in foster care
  • The changes needed/the expectations of the agency and the court
  • Available assistance and support services
  • Alternative permanency decision making. They should be told about the time frames for permanency planning.
  • Possible consequences:  Parents should be told that if they do not meet the agency’s and court’s expectations, the alternative plans for the child may become the primary permanency plan and the focus of permanency efforts for the child.

Sources: Iowa Department of Human Services.  Concurrent Planning Practice Bulletin.  July 2008.

Michigan Components of Concurrent Planning
,  (begins on page 6)

Minnesota Department of Human Resources, Children and Family Services:  Practice Guide of Concurrent Permanency Planning

The birth parents, the child if appropriate, relatives, foster families, judges, attorneys and service providers should be told about the child protective service process and times frames; that there is an alternative permanency plan; and that the alternative permanency plan will be implemented if the birth family does not meet the agency’s and court’s expectations in the time frames specified.
Source: Michigan Components of Concurrent Planning

Relative and non-relative resource families should be provided with the following information:

  • Resource care is temporary and it is not good for children to grow up without permanent parent(s)
  • Their roles in assuming care for the child
  • Their roles in assisting or supporting reunification
  • The expectation that they will commit to being the legal parents or guardians for the child in the event that the child cannot return home

Source:  Minnesota Department of Human Resources, Children and Family Services:  Practice Guide of Concurrent Permanency Planning

What are the rights and responsibilities of birth parents that should be communicated to them?
The rights and responsibilities of birth parents, a key component of full disclosure, may vary to some degree from state to state as well as county to county.  Two examples of policy statements about the rights and responsibilities of birth parents are:

Missouri Department of Social Services ;
Birth parent(s) have the right:

  • To services from the agency directed toward preservation of the family as a unit and avoidance of foster care if at all possible;
  • To be informed of the reasons for their child's removal when foster care is necessary;
  • To an explanation of the legal process and all team members involved in this process;
  • To legal representation in any court proceedings affecting their child;
  • To be understood without criticism or judgment;
  • To be acknowledged as the child's parent(s), entitled to share in the child's life;
  • To participate in the selection of the placement for their child and to visit regularly;
  • To know what parental privileges are retained while their child is in substitute care;
  • To know what conditions must be met by them in order to have their child returned;
  • To receive every possible assistance and service from the agency for resolution or correction of conditions necessary for return of their child;
  • To have full cooperation from all substitute care team members toward achievement of case goals;
  • To petition to have their child returned;
  • To have their child returned to their home when the necessary changes or conditions required by the court or agency have been made;
  • To assist in developing the case plan for their child.
  • To consent or refuse participation of their child(ren) in public performances or media involvement.

Birth parent(s) responsibilities include:

  • To cooperate as a team member in forming and following the case plan;
  • To maintain contact and communication with their child, including keeping appointments for visitation and placing and returning calls;
  • To work toward their child's timely return home by making necessary changes or correcting conditions which resulted in the child's placement;
  • To provide emotional support for their child;
  • To participate in staffings;
  • To be involved, whenever possible, in specific activities affecting the child such as medical care, religious, and social events;
  • To provide financial support for the child according to their ability;
  • To provide information about their child;
  • To interact positively with their child during visits;
  • Share their ideas and recommendations to improve the delivery of support services to their child(ren) and family.

San Mateo County, California
Rights and Responsibilities of Birth Parents:
The birth parents of a child being considered for placement or in placement have rights that must be recognized. Although the Court may remove a child from their custody and suspend many of their rights, the birth parents do retain certain rights. Among these are:

  • The right to legal representation in all matters affecting the health and welfare of the child. This includes the right to appeal all court decisions.
  • The right to be included in plans and team decision making meetings for the child’s placement.
  • The right to have their children maintain his/her own family name. It helps to preserve the child’s individual and legal identity and aids in maintaining an emotional bond with birth parents.
  • The right to be informed of their illness, runaway or other unusual incidents.
  • The right to make some major medical decisions.
  • The right to make educational decisions.
  • The right to assistance and support from the social workers in using appropriate resources to affect reunification.
  • The right to visit and enjoy their child, to embrace and love him or her, and to nurture and improve their relationship with their child. To be involved in many aspects of child’s life as feasible.
  • The right to learn from their past mistakes, bring about change in their behavior and to have their child returned home when the necessary changes required by the Court or Agency have been made.

Despite the Court’s suspension of many responsibilities, the birth parents retain some distinct obligations. Among these are:

  • To recognize that there must be areas of concern which prompted the Court’s action to remove the child from his/her own home. They must understand the reasons for removal of the child from their care and what they must do to improve the home situation from which the child has, of necessity, been taken.
  • To cooperate in the placement plan and to work towards a solution to the existing problems.  The parents are obligated to seek remedies and assistance from agencies to deal with the factors that cause the child’s removal.
  • To assume financial responsibility for the care and treatment of the child by reasonable and conscientious reimbursement to the agency for expenditures. The parents must realize that their natural responsibility for support of the child is not voided unless all parental rights are terminated.

A Social Worker’s Checklist for Full Disclosure

  1. Did I ask the birth family about their understanding of the circumstances that cause placement?
  2. Did I share with the birth parent, respectfully but directly, the official reasons for placement?
  3. Did I discuss the service plan and assessment process with the birth family?
  4. Did I explain permanency planning timeframes to the birth family and the resource family?
  5. Did I discuss the range of permanency planning options with the birth family and the resource family?
  6. Did I verbally advise the birth parents/family of their rights?
  7. Did I discuss concerns about past involvement or present barriers to permanency planning with the birth family?
  8. Did I discuss the consequences of not following through with the plan?

Source: Lutz, L.L. (2005). Concurrent Planning: Creating an Environment for Permanency,

Resources

Kentucky: Concurrent Planning
Provides guidance on ensuring full disclosure by (1) discussing with parents the negative impact of placement on children, parental rights and responsibilities, agency assistance, permanency plans (Plan A and Plan B) and consequences for adoption and (2) discussing with all parties (parents, relatives, care providers, and attorneys) the concurrent plan for the child, the need to obtain permanence quickly for the child, the use of family group decision-making techniques, family planning for the child, and time limits to achieve objectives.

Idaho: Standard: Concurrent Planning
Discusses full disclosure to parents, resource families, and children in foster care as a core strategy for successful concurrent planning.  Describes the need to provide complete information to families on the impact of the requirements of the Adoption and Safe Families Act (ASFA) on their child and family: the timeframes in ASFA.

Indiana Department of Child Services:  Child Welfare Manual: Concurrent Planning 
Describes full disclosure as “a process that facilitates open and honest communication” between the foster care manager, parent(s), guardian, or custodian(s), extended family members, resource parents, attorneys, the court and services providers.  Describes the items to discuss in the full disclosure interview.

Iowa: Department of Human Services, Concurrent Planning Checklist
Includes checklist items for full disclosure of assessment results and the following information to the family, their attorney, the GAL, CASA and the court: the need for concurrent planning and the importance of involving the family in planning and reviewing the permanency options; the harmful effects of temporary foster care on the child and the child’s need for a stable, caring and permanent family; the birth parents’ rights and responsibilities, including the agency’s and court’s expectations and effect of parental inaction, disappearance, or lack of progress; and the legal requirements for timely permanency and the urgency of reunification.

Minnesota Children and Family Services:  Full Disclosure Statement about Concurrent Planning (begins on page 14)
A template that Minnesota social workers review with and have parents sign that advise parents about concurrent permanency planning, the permanency timelines, and parents’ rights and responsibilities.

The Pennsylvania Child Welfare Training Program
Concurrent Planning Full Disclosure Interview.  Provides five key items to discuss during a full disclosure interview: rights, responsibilities, expectations, the effect of out of home placement on the child and the paths that a parent may take: work actively with the agency; withdraw, disappear, or sporadically appear so that no service plan can get going; take an adversarial stance; or relinquish permanent custody. 

Full Disclosure Interview Skills Practice. 
A tool that social workers can use to prepare themselves for a full disclosure interview.

 

 

     
 
 
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