Frequently Asked Questions

When the outcome of the TDM Meeting is for a child to be removed from home for protection from immediate harm, he/she is placed in a licensed foster home, shelter, other licensed facility or with a parent or relative and a petition is filed with the Juvenile Court. Verbal or written notices of the child's removal are provided. A written notice, called a Temporary Custody Notice (TCN), states the reason for removal and the circumstances that placed the child at imminent risk of harm. The TCN will also inform the parent, guardian or custodian to immediately provide any and all information about relatives or other people who have a significant relationship with the child. The parent, guardian or custodian is requested to sign the TCN acknowledging receipt of the notice.

The Temporary Custody Notice will include information about a Preliminary Protective Hearing, obtaining an attorney, a meeting to be held if a dependency petition is filed with the juvenile court, rights and responsibilities, services available and agencies to contact for assistance.

If a hearing date is not known when the Temporary Custody Notice is served, DCS will give the parent, guardian or custodian notice of the date and time of the Preliminary Protective Hearingwithin 24 hours of the petition being filed. This hearing will be held within 5 to 7 days of the removal.

Department of Child Safety is required by law to make every effort to identify and notify all adult relatives of the child within 30 days of the child's removal, of the relatives options to become a placement resource for the child. The notice includes the following:

1. Options available to the relative to participate in the child's care and placement.
2. Describes the requirements to become a licensed foster home and the additional services and supports available for the child in a licensed foster care home.

This notice is not required when the relative or person having a significant relationship with the child has a history of family or domestic violence.

DCS Specialists are required to continually assess if the child can safely remain with the parent. The DCS Specialist, along with their supervisor, will formally evaluate child safety at least every six months; however, as family circumstances change, DCS will evaluate if the child can remain safely with the parent, guardian or custodian.

When a dependency petition has been filed, a Preliminary Protective Hearing will be held within 5 to 7 days from the child's removal. The parent, guardian or custodian must talk to their attorney before this hearing and come to a meeting called a Preliminary Protective Conference, before the hearing. Other people can come to this meeting, including relatives, witnesses, or others with whom the child might be placed. At this meeting, efforts will be made to reach an agreement about the child's placement, services that should be provided and visitation with the child. The results of this meeting will be discussed at the hearing. At the hearing the court will make orders about the child's placement, visitation, tasks and services to be provided. If the parent, guardian or custodian denies the allegation in the petition, the court may set a date for an Initial Dependency Hearing.

After a child has been declared dependent the court holds a review hearing at least every six months. The purpose of the review hearings is to evaluate the progress made in solving family problems. At these hearings, the court also reviews the child's placement and decides if its continued involvement is necessary. The court is also required by law to hold a Permanency Hearing if the dependency has been in effect for at least one (1) year. The purpose of the permanency hearing is to determine if the child would be safe if returned home, or if another permanent plan, such as adoption, guardianship or long-term foster care is the most appropriate plan for the child.

When a child is placed outside his/her own home, the Foster Care review Board (FCRB) reviews the case within six months of the original date of placement and every six months after that while the child remains in out-of-home care. The function of the FCRB is to review the case plan, and progress toward its goal and objectives and to make sure the child is receiving appropriate care. The FCRB is made up of community members who are appointed by the juvenile court judge in each county. They are not employed by the Department of Child Safety or by the court. People who attend these reviews include the FCRB members, the DCS Specialist, and if appropriate, the parents, the child, and the placement and service providers. The FCRB makes recommendations to the court about individual cases but has no decision-making authority. The court considers the recommendations of the FCRB with other information such as evidence and testimony from parents, case managers and attorneys. You can find more information on FCRB by visiting the DCS Policy Manual website here.

All foster homes and other facilities used by DCS to provide temporary out-of-home care are licensed by the state and supervised by an assigned licensing worker. Foster parents are trained to provide care and to work with DCS and family members toward the goal of family reunification. DCS Specialist visit regularly with children and foster families to ensure that the necessary services are being provided and to monitor the child’s progress. The department will provide all children with medical and dental services, which may include updating immunizations (If the parent has concerns regarding any medical treatment the DCS Specialists must be contacted). Whenever possible, children needing protection are placed with members of their extended family. Placements with relatives may occur during the period of temporary custody or at any later time. Relatives providing such placements must agree to a background investigation, a home evaluation, and sign an agreement with DCS that specifies the conditions of placement.

Visitation with children in the custody of DCS is approved on a case-by-case basis. All case plans for children in out-of-home care include a Visitation Agreement which is developed by the case manager and family members. Family members include persons who are related by blood or law, are legal guardians, siblings, or adults with a meaningful relationship with the child. Family members should contact the child's DCS Specialist to request visitation.