Visiting
I. Introduction
A. Purpose
This policy defines the rights of children in
out-of-home care to visit with parents, family members and others such as
friends, former foster parents and children from previous foster care
placements. Among other things, this
policy recognizes the need for family attachments, and is intended to promote
visits to support and strengthen family attachments.
B. General Principles
Visiting policy has been developed to comply with
the following principles set forth in the R.C. Consent Decree:
"VIII 45. The system of care shall promote class members' visitation with their
parents and family.
1. The matter of
visitation shall be addressed in the class member's individualized service
plan. The frequency and circumstances
shall depend upon age and need.
Visitation shall be viewed as an essential ingredient of family
reunification services. Hence, when the
goal is for the child to return home or live with a family member, visitation
will be actively encouraged; assistance with transportation will also be
provided.
2. Visitation may be
arranged by the class member, the class member's parents or family or the
foster parents, as well as by
3. Supervision of
visitation shall be required only when there is danger that the parent or
family member with whom the class member is visiting will harm the class member
unless the visit is supervised. When
supervision of visitation is required, such supervision may be provided, as
appropriate, by the class member's foster parents, as well as by
Visiting
with parents, family members, and friends will be promoted for every child in
out-of-home care unless visiting (1) places the child's safety at risk, (2)
substantially inhibits attainment of the goals of the safety plan or the
permanency goal of the
There
will be no restrictions placed on the number, frequency, duration or sites of
visits unless it has been determined and documented in the case record that
these restrictions are needed and authorized by this policy.
Visits
are to be viewed as valuable in and of themselves and as strategies in meeting
the child's developmental and permanency needs.
Visits can be arranged and supervised without the involvement of the
Visits with parents and family members cannot be
used as rewards or punishments (for children, parents, or other family
members). In addition, a child is not to be forced to visit against his or her
will. If a child does not want to visit,
the worker and foster care provider should see that someone close to the child
discusses with the child why he or she does not want to visit and addresses the
child's desires about visiting in a way that is supportive of the child and
family.
C. Glossary
Age
appropriate child - A child age 10 and older (except a child with severe mental
retardation), or a child under age 10 who is intellectually capable of
understanding and communicating ideas and opinions concerning the subject
matter being discussed or considered.
Child and
Family Planning Team - The individuals involved in planning services with the child and
family. The team should include the
parents, the child, if age appropriate, others requested by the family or
child, the
Emergency
Situation
- A situation where the child is at imminent risk of serious harm and action to
protect the child must be taken before a child and family planning team can be
convened to develop an
Family - A biological, adoptive or
self-created unit of people residing together consisting of an adult(s) and child(ren) with the adult(s) performing duties of parenthood
for the child(ren). Persons within this unit share bonds, culture, practices
and a significant relationship.
Biological parents, siblings, and others with significant attachments to
the child living outside of the home are included in the definition of
family.
Foster Care
Provider
- A provider of out-of-home care for a child in any of the following settings:
the home of relatives (kinship care) or neighbors, a foster family home, a therapeutic
foster family home, a group home, a shelter home, a child care institution, a
hospital or other residential facility.
Foster
Parent
- A foster care provider delivering care in any of the following settings: the home of a relative (kinship care) or
neighbor, a foster family home, or a therapeutic foster family home.
Friend - A person other than a
family member with whom the child has a significant attachment. Friends include both adults and children,
such as former foster parents and children from previous foster care
placements.
Parent - A father or mother, an
individual appointed as legal custodian or guardian or an individual acting as
a father or mother. This may include but
is not limited to a relative rearing the child for an absent family member, a
godparent assuming a parent's role when the parent is deceased, etc.
Permanency Goal: - The permanent living
situation for the child that the
(a) child will remain at home
(b) child will return home
(c) child will live permanently with
relatives
(d) adoption, independent living, or
long term placement with an identified foster family.
Protection of the Child - The means of (1)
preventing conduct that would place the child's safety at risk, (2) preventing
conduct that would substantially inhibit the attainment of the goals of the
safety plan or the permanency goal of the
R.C. - The R.C. Decree or
Implementation Plan, or policies developed to implement the Decree or
Implementation Plan.
Relative - A relationship created
between persons by blood, marriage or legal action (adoption or paternity) to
any degree.
Safety - Protection from physical injury or sex-related
abuse.
Safety Plan - A plan for protecting a
child in an emergency situation, developed in partnership with the family and
the age appropriate child when possible.
Service
Providers
- Individuals, families, agencies, or organizations that provide or could
provide a service or services to children and families.
D. Children Covered By Policy
This policy regarding visiting will apply to all
children in the custody or responsibility of a conversion county who have been
removed from their home and placed in foster care (e.g., home of relatives
{kinship care} or neighbors, foster family home, therapeutic foster family
home, group home, shelter home, child care institution, hospital or other
residential facility). This policy
applies to children in the custody or responsibility of a conversion county who
are placed in non-conversion counties.
It does not apply to children living in their own home.
Children retain the right to visit with their
parents and families even when the rights of the parents have been
terminated. Visiting may be restricted
when it (1) places the child's safety at risk, (2) substantially inhibits
attainment of the goals of the safety plan or the permanency goal of the
E. Visiting
Policy For Children Placed In Child Care Institutions,
Group Homes And Child Placing Agencies
Child care institutions, group homes and licensed
child placing agencies which approve foster homes that serve children in the
custody or responsibility of the Department are to develop a written policy
regarding visiting. These facilities may
adopt the policy of the Department or develop their own as long as it is
consistent with Department policy and provides children no less visiting rights
than children in foster homes approved by the Department. The visiting policy is to be approved by the
Department and explained to all children placed by
These facilities may choose to apply this policy
only to children placed by the Department.
F. Court Orders
Court
orders must be followed.
Sometimes there will be an existing court order
(often from a divorce proceeding) in place at the time an
Sometimes, after an
If the court refuses to modify or lift an order as
requested, the
II. Visiting
Policies
The
child in foster care has the right to visit with parents, other family members,
and friends unless visiting (1) places the child's safety at risk, (2)
substantially inhibits attainment of the goals of the safety plan or the
permanency goal of the
An
If
there are safety concerns, the
The
family and child will be assisted in understanding their rights and obligations
concerning visits. Any changes affecting
visiting will be discussed with the parent(s), the age appropriate child, the foster care
provider, and service providers as appropriate, and the parent(s) will be
notified in writing.
A. The Role Of The
Child And Family Planning Team
Visiting
is needed to maintain and strengthen family and other attachments. Visiting is also a right of the child and
family. Thus:
·
the
·
the
The child and family planning team will identify
services needed to support and encourage visiting. Also, the team will clarify, among other
things, (1) the role and responsibilities of the foster care provider and
service providers in supporting, arranging, approving, participating in or
supervising visits, (2) the role of the
Issues related to visiting will be reassessed
frequently.
B. Placement Visits
Normally, the parent(s) and child will visit a
placement prior to the child's move. The
parent(s) and child should be informed of their visiting rights at this time.
The worker shall encourage and support the parent(s)
to participate in the actual placement of the child. When a pre-placement visit has not occurred,
the
C. Arrangements For
Visits
Unless restrictions apply, visits may be initiated
by the family, the child, friends, or the foster care provider. Visits will be conducted in accordance with
the "reasonable rules" of the foster care provider permitted by this
policy.
The visitor and foster care provider (who will
involve the age appropriate child) will mutually agree on the time of day,
duration, and location of visits, unless these matters are specified in the
The
The
Visits of parents will be arranged so as to
encourage and permit the parent(s) to engage in routine parenting functions
such as: (1) performing daily care responsibilities such as bathing, feeding,
dressing of the child, (2) helping with homework, (3) attending school
functions and conferences with the child, (4) transporting or going with the
child to a medical appointment, (5) taking the child shopping, for a hair cut
or for other personal care, or (6) taking the child on family or recreational
outings such as church, picnics, walks, cook-outs, family holidays and
reunions.
D. Location Of
Visits
Visits will occur in the most normalized,
family-like setting that will meet the child's need for safety. Visits may occur in the foster home or other
placement, the family residence, a relative's home, or the site of special
events such as the school, church, park, etc.
Visits should not occur at the offices of the County Department unless necessary
to protect the child's safety, or unless requested and agreed upon by the age
appropriate child and visitor.
When visits are to be supervised, they may occur at
the foster home or other placement or another acceptable site.
E. Frequency of Visits
Daily visits with the parent(s) and other family
member(s) will be encouraged. At a
minimum, the team will encourage and support weekly visits with the parent(s)
if the permanency goal is for the child to return home. If the permanency goal is relative placement,
at least weekly visits with the relative will be encouraged and supported.
If frequent visits are not occurring between the
child in care and the parent(s), other family members or friends, the
When the parent(s) is unable to visit frequently
even with supportive services, mail and telephone contacts will be intensified. The Department will reimburse the parent(s)
as necessary via local or flex funds to enable intensified phone and mail
contact.
F. Reasonable Rules For
Visits
The
foster care provider may require the child and those with whom the child visits
to abide by the following reasonable rules.
1. The time of day,
duration and location of visits will be determined by the child's, family's, and provider's circumstances. For example, normally visits should not
interfere with the sleeping schedule of the child. However, if a parent works
odd hours and is able to visit only when the child would usually be sleeping, a
mutual decision about the timing of visits must be reached that permits the
parent and child to visit.
2. Parents, family members
and other visitors will give the provider advance notice of visits unless
excused by prior arrangement.
3. When visiting is at the
provider's home or other placement, the parent(s) or other visitor may be
required to abide by reasonable "house rules" of the provider (e.g.,
no smoking inside the house, no use of profanity).
4. The foster care
provider may require the parent(s) or other visitor to leave if they arrive for
the visit in an apparent intoxicated or drug induced state, or exhibit
threatening or abusive behavior to the child or provider. If necessary,
5. The foster care
provider may refuse to allow the child to leave with the parent(s) or other
visitor who appears incapable of caring for the child (e.g. visitor who
is physically ill, appears intoxicated, or exhibits threatening or abusive
behavior to the child).
When the foster care provider cancels or limits a
visit as authorized above, the provider should document their observation of
the visitor's behavior or action that caused concern. These observations, and actions taken by the
provider, should be shared with the
G. Visits with Friends
Visiting with friends, including friends from his or
her home community or a prior placement, will be promoted for every child in
out-of-home care, unless visiting places the child's safety at risk.
The "reasonable rules" outlined above
apply to visits with friends. Rules for
visiting with friends should be fair, flexible, and consistently applied to all
children in the home or other placement.
However, the child and family planning team may permit the foster care
provider to apply different "reasonable rules" to a particular child.
The Department will provide services to encourage
and support as needed the child's visits with the parent(s), other family
members and friends. Possible services are listed below. This list is not exhaustive.
1. Transportation or
payment of transportation expenses (e.g., purchase of bus tickets,
provision of money for gasoline) for the child, family or friends;
2. Helping to promote
and/or coordinate visits when the family or child needs or requests assistance;
3. Assisting with child or
adult care, housing, or meals;
4. Education of the foster
care provider regarding the needs of the child and family for visiting, the
importance of reunification, feelings provoked by visits, and practices
relating to supervision of visits;
5. Supportive involvement
of the therapist, social worker, or foster care provider;
6. Coaching, to enable the
child and family or friends to acknowledge and talk about needs and feelings;
7. Using neighbors and
other family members to support visits (e.g., providing transportation to the
visiting site, providing own home for visiting, or negotiating or arranging
visits convenient to the parent's location and schedules);
8. Crisis services to
support visiting, such as giving the foster care provider crisis intervention
training or access to crisis intervention services; and
9. Conflict resolution and mediation services relating to
visiting.
Foster
care and service providers can be reimbursed for the cost of travel (mileage
and per diem) that eliminates the necessity for worker travel (e.g., the
provider rather than the worker transports the child to visit with the
parents). Refer to Family and
Children's Services Manual, Volume II, Chapter XI
for payment reimbursement procedures for foster parents. Payment reimbursements for other providers
can be made from local or flexible funds.
IV. Restrictions
on Visiting
A. General Guidelines
The child has the right to visit parents, other
family members, and friends. Visiting
may be temporarily restricted when it (1) places the child's safety at risk,
(2) substantially inhibits attainment of the goals of the safety plan or the
permanency goal of the
The child and family planning team may impose
restrictions on visiting in the
A decision to impose restrictions or a decision
about the type of restrictions to impose must be based on an individualized
assessment that considers, among other things, the physical, emotional and
mental condition and age of the child, the child's ability for self-protection,
and whether there will be a person present at visits who can monitor the
child's safety and prevent intimidation.
A restriction placed on visiting must be assessed
frequently by the child and family planning team, and modified or eliminated
when it is no longer needed. Any
restriction, or any revision of a restriction, must be explained to the child,
if age appropriate, the parent(s), and the person restricted. Written notice of the revision shall be given
to the parent(s).
B. Restrictions Imposed By The Foster Care Provider
The
foster care provider may impose restrictions not specifically authorized in the
·
when necessary to protect the child; or
·
when necessary to stop repeated violations of
"reasonable rules" of the provider permitted by this policy.
When the provider imposes a restriction not
authorized by the
The worker shall assess the situation with the
provider, the age appropriate child, the parent(s) and the person to whom the
restriction applies (if other than the parent(s)), and promptly make a decision
about whether the restriction is appropriate.
If the worker concurs with the restriction, the restriction is to be
documented in the
In addition, during conversion, the provider may
prevent disclosure of the provider's address or may restrict the child's visits
with the parent(s), other family members, or friends (such as, by requiring
visits to be supervised) for a period of up to four days after placement in the
exceptional circumstances that (a) the provider has not been provided
information by the worker about whether restrictions on visits need to be
imposed and (b) the provider otherwise lacks adequate information regarding
whether any such restrictions need to be imposed. The provider must immediately (i.e., by the
end of the next working day, by message if necessary) inform
C. Specific Restrictions
1. Supervision of Visiting
Supervised visits shall be required only when
there is reason to believe that unsupervised visits with the parent(s) or other
visitor would (1) place the child's safety at risk, (2) substantially inhibit
attainment of the goals of the safety plan or the permanency goal of the
Reasons for requiring supervision must be
continually reassessed. The reasons for supervised visiting must be explained
to the child in a way that is supportive of the child and family.
If supervision is necessary, the following persons
may provide the supervision: (1) foster parents, (2) staff of residential
facilities, group homes and child care institutions where the child is placed,
(3) service providers such as therapists, or (4) other persons, such as
neighbors and responsible family members designated by the
2. Prohibiting Or
Terminating Visits
Visits between the child and the parent(s) or other
visitor may be prohibited or a visit in progress terminated when there is
reason to believe that, even with supervision, visiting (1) places the child's
safety at risk, (2) substantially inhibits attainment of the goals of the
safety plan or the permanency goal of the
If the parent(s) or other family member is
prohibited from visiting with the child, frequent alternate opportunities for
contact (e.g., telephone calls, mail contact) must be provided. The prohibition must be continually
reassessed and when it is no longer needed to protect the child, the
prohibition must be lifted.
3. Prohibiting
Disclosure Of The Foster Parent's Address
The Department may prohibit disclosure of the foster
parent's home address to specific persons when there is reason to believe, as
documented in the case record, that their having knowledge of the foster
parent's address would (1) place the provider's safety at risk, (2) place the
child's safety at risk, (3) substantially inhibit attainment of the goals of
the safety plan or the permanency goal of the
If a decision is made to not disclose the address to
certain persons, it is to be recorded in the