Full opinion text
ORDER WHIPPLE, District Judge. This cause came to be heard on the Joint Motion of the parties, pursuant to Fed.R.Civ. Pro. 60(b)(6), for an order substituting the attached modified Consent Decree, signed by the parties on October 18, 1994, and Operational Guide, signed by the parties on October 18, 1994, for the Court’s March 21, 1983, Order (the “Consent Decree”), 564 F.Supp. 1030 (W.D.Mo.1983), and any modifications thereto, and also holding that the Court’s December 7, 1992, Order, is superseded by the modified Consent Decree and Operational Guide, except to the extent the December 7th Order substitutes and adds parties as defendants. It appearing that changed circumstances exist, and that the modified Consent Decree and Operational Guide preserve the objectives and further the goals of the prior Consent Decree, namely the protection of children in the legal custody of the Missouri Division of Family Services, Jackson County Office(s), and the provision of child welfare services mandated by federal law, it is ORDERED, that the modified Consent Decree, signed by the parties on October 18, 1994, and Operational Guide, signed by the parties on October 18, 1994, are substituted for the Court’s March 21, 1983, Order and any modifications thereto, and supersede the Court’s December 7, 1992, Order, except to the extent that Order substitutes and adds parties. INTRODUCTION At the same time that the parties negotiated the modified Consent Decree, they also negotiated an Operational Guide and a Framework for a Monitoring Methodology, The Operational Guide is intended to act as an implementation plan for the Consent Decree. The definitional section and the purpose statement of the Consent Decree also apply to the Operational Guide. Any ambiguities in the mandates of the Consent Decree are to be interpreted by reference to the Operational Guide. The parties intend to ask the Court to incorporate this modified Consent Decree and the attached Operational Guide into a court order which replaces the March 21, 1983, Consent Decree, 564 F.Supp. 1030 (W.D.Mo.1983), and any modifications thereto, and supersedes the Court’s Order, dated December 7, 1992, except to the extent the December 7,1992 Order substitutes and adds parties as defendants. After the Court incorporates the Modified Consent Decree and the Operational Guide, the mandates of the Consent Decree may only be changed with court approval. The parties agree, however, the mandates of the Operational Guide may be changed by mutual consent of the parties without Court authorization or approval. The parties also agree that in exceptional circumstances, class members may be exempted from specific requirements of the Consent Decree or Operational Guide on a case-by-case basis by mutual consent of the parties. The parties intend to submit the Framework for the Monitoring Methodology to the G.L. v. Stangler Foster Care Consent Decree Committee, representatives of the plaintiffs and defendants, and technical experts and is to be used by them to develop a comprehensive monitoring methodology. Once it is completed, the parties will ask the Court to incorporate the monitoring methodology into a court order. After the Court has signed such an order, the monitoring methodology only may be changed with approval from the Court. STATEMENT OF PURPOSE The purpose of this Consent Decree is to provide all class members with the child welfare services required by the constitution and the laws of the United States, including, but not limited to, protection from harm while in the custody of Missouri’s Division of Family Services. DEFINITIONS Adoption Worker: A social worker as defined herein to whom adoption functions have been assigned. References to the term “adoption worker” throughout this document do not prohibit DFS from assigning adoption functions to a child’s primary social worker. Alternative Care Placement: Any out-of-home placement in which a child in DFS legal custody resides. Alternative Care Provider: A child’s actual caretaker in his/her Alternative Care Placement. Caseload: Children assigned to a social worker where the social worker functions as the children’s case manager. Child: An individual between the ages of zero (0) and twenty-one (21) in the legal custody of DFS. Child Abuse/Neglect Central Hotline: The state-wide, toll-free telephone number operated by the Central Registry Unit of the Missouri Division of Family Services to receive reports concerning suspected child abuse or neglect and initiate the process for investigating those reports. Child-Specific Adoption Recruitment: The process whereby DFS, through its own program and staff, or by contracting with child placement agencies, uses child-specific information and engages in individualized recruitment activity to locate adoptive homes for designated children in the legal custody of DFS. Children in DFS Legal Custody: Children placed in the legal custody of the Missouri Division of Family Services, Jackson County, Missouri Office, pursuant to an order of the Family Court. Community Resources: Agencies, organizations, groups or individuals in and around Jackson County, Missouri that provide or assist in the provision of services to families and children, such as, but not limited to, the Local Investment Commission (LINC), the Missouri Foster Care and Adoption Association, Partnership for Children, Family Court, Metropolitan Child Abuse Network, Court Appointed Special Advocates (CASA), National Association of Social Workers (Missouri-Kansas unit), and Coalition for Positive Family Relationships. DFS: Missouri Division of Family Services, ' a division of DSS and subject to the director of DSS. DMS: Missouri Division of Medical Services, a division of DSS and subject to the director of DSS. DSS: Missouri Department of Social Services. Family: All individuals with whom the child lived prior to entering DFS custody, including parents/caretakers. Family Court: The Family Court Division of the Circuit Court of Jackson County, Missouri. Foster Family Home: A private residence of one (1) or more family members licensed by DFS to provide twenty-four (24) hour care to one (1) or more but less than seven (7) children who are unattended by parent or guardian and who are unrelated to either foster parent by blood, marriage or adoption. Foster Family Group Home: A private home of foster parents, including independent foster family group homes as previously defined by 13 CSR 40-72.010, licensed by DFS to provide twenty-four (24) hour care for seven (7) to twelve (12) children who are unattended by parent or guardian and who are unrelated to either foster parent by blood, marriage, or adoption. Foster Home: Foster Family Homes, Foster Family Group Homes, and Kinship Homes. Foster Parent: Any individual who is licensed by DFS to provide twenty-four (24) hour care to one (1) or more children in DFS legal custody. G.L. Monitoring Committee: The G.L. v. Stcmgler Consent Decree Monitoring Committee, established pursuant to court order dated July 23, 1985, or its successor. Healthy Children & Youth Program: The Missouri Early Periodic Diagnosis and Treatment (EPSDT) Program. See Missouri Medicaid Bulletin, Vol. 14, No. 2 (Jan. 10, 1992) and DSS-DFS Memorandum CS-92-26. Kinship Home: A private home licensed or certified by DFS to provide twenty-four (24) hour care to a child in DFS legal custody where the alternative care provider is a relative of that child or a non-related adult with whom the child has a familial relationship. Kinship Parent: Any individual who is licensed or certified by DFS to provide twenty-four (24) hour care to one (1) or more children in DFS legal custody, to whom the children are related or with whom the children have a familial relationship. Licensing Restrictions: Those conditions placed upon a foster home by DFS licensure personnel which limit the number, ages, or gender of children the home can accept. These conditions are independent of the personal preferences of the foster parents. Panel: The National Expert Panel established to review child welfare services in Jackson County, Missouri. Panel Recommendations: Those Recommendations made by the Panel as set forth and as amended by the parties in the June 1994 version of the document entitled “Building for the Future: A High Quality System of Care for Child Welfare Services in Jackson County, Missouri,” Volume II (Work Plan). Parents/caretakers: A child’s caretakers before he/she enters DFS custody, including, but not limited to, birth parents, relatives and other guardians. Program Administrator: The Program Administrator for Children’s Services of DFS’ Jackson County, Missouri Office. Serious Medical Problems: The medical problems of children who require frequent treatment and continual monitoring or treatment (including, but not limited to, lab work, x-rays, invasive procedures or tests, physical or occupational therapy, or surgeries by a physician or other medical provider) due to a medical condition which affects daily functioning. This term includes physical, emotional or psychological diseases that affect wellness, growth and development. Service Providers: Individuals, agencies or organizations to whom DFS refers children, families and alternative care providers for the provision of services. Social Worker: An individual employed by DFS, engaged in the practice of social work, who is licensed or exempt from licensure under state statute. Supervisor: Any individual employed by DFS to supervise/manage a unit of DFS social workers. Temporary Foster Care Status: An alternative care placement designated by DFS as temporary until a permanent or more appropriate placement is achieved. Vendors: Agencies, organizations or individuals with whom DFS, DMS or DSS contracts for the provision of child welfare services, including, but not limited to, foster home licensing services, case management services, training services, foster parent recruitment and retention services, and adoption recruitment services. CORE REQUIREMENTS I. THE CLASS 1. The requirements of this Consent Decree shall apply to all children in the legal custody of the Missouri Division of Family Services, Jackson County, Missouri Office. II. PREVENTING ABUSE, NEGLECT & INAPPROPRIATE DISCIPLINE A. Licensing and Certification of Foster Homes 1. The assessment study of each prospective foster home shall be done by a trained professional and approved by a trained supervisor. 2. All foster parents shall be licensed in accordance with the procedures set forth in Mo.Code State Regs. Title 13, § 40-60.010, et seq. They shall meet the minimum qualifications set forth in Mo.Code State Regs. Title 13, § 40-60.030, and their homes shall conform to the physical standards set forth in Mo.Code State Regs. Title 13, § 40-60.040. 3. All kinship parents shall be licensed or certified in compliance with Mo.Code State Regs. Title 13, Division 40, Chapter 60, or guidelines set forth in the DFS Resource Development Handbook or its successor. 4. DFS shall approve or deny an application to become a licensed or certified foster home within ninety (90) days of receipt of that application. 5. DFS shall maintain and utilize an automated management information system accessible to all social workers involved in the licensing process. The system shall contain information about foster parent recruitment and the progress and completion of licensing and relicensing studies. The system shall track compliance with Consent Decree § II.A.4. B. Renewal of Foster Home Licenses and Certifications 1. Prior to or within ninety (90) days of having its license or certification renewed, each foster home must be in full compliance with all training requirements and applicable licensure or certification requirements and regulations, including, but not limited to, Mo. Code State Regs. Title 13, § 40-60.050. C. Mandatory Training of Foster and Kinship Parents 1. Prior to receiving a license or a certificate to be a foster home, all prospective foster parents and kinship parents shall complete at least twelve (12) hours of pre-service training. Kinship parents may be granted provisional foster parent licenses or certificates without completing the foster parent pre-service training, provided they complete it within ninety (90) days after receiving a provisional license or certificate. 2. Prior to the completion of their first two (2)-year licensure or certification period, all foster parents and kinship parents shall complete fifty-two (52) hours of training, of which at least twelve (12) shall be the preservice training specified in Consent Decree § II.C.l, and twenty (20) shall be in-service training. During each subsequent two (21-year licensure or certification period, all foster parents and kinship parents shall complete twenty (20) hours of in-service training. 3. The pré-service and in-service training requirements shall apply to adults residing in foster homes on a permanent basis who have primary child care responsibilities. 4. The pre-service and in-service training shall utilize a core curriculum which, at a minimum, provides foster parents and kinship parents with the knowledge and skills necessary to care appropriately for the class members residing in their homes and informs them of relevant legal mandates and DFS policy. The efficacy of the core curriculum shall be reviewed every two years and the curriculum revised as necessary. 5. DFS shall maintain and utilize an automated management information system accessible to all social workers involved with the foster parent and kinship parent training, licensing and certification processes. The system shall, among other things, track compliance with the mandatory training requirements of Consent Decree §§ II.C.l, II.C.2, and II.C.3. D. Proper Matching of Children with Appropriate Placements 1. DFS shall develop and utilize a placement practice guide setting forth policies and procedures to guide social workers’ decisions related to placement. DFS shall adhere to the policies and procedures set forth in the placement practice guide. 2. DFS shall maintain sufficient staff and other resources so that all children requiring placement are placed promptly and appropriately, and in accordance with their needs. Placements shall be made taking into account the child’s need to be placed as close to home and community as possible, the importance of placing siblings together, and the need to place children in home-like settings, including into kinship homes as appropriate. 3. All social workers involved in the selection of placements for class members shall receive pre-service and annual .in-service training on proper placement practices and DFS’ policies and procedures relating to placement. 4. DFS shall maintain and utilize an automated management information system accessible to all social workers involved in the placement process. The system shall contain information about available placement resources and shall track placement of all class members. 5. The placement of a child in a foster home shall be in conformity with the licensing or certification restrictions of that home. 6. At no time shall the number of children in a foster family home or kinship home exceed six (6), including the foster parents’ or the kinship parents’ own children. 7. At no time shall the number of children in a foster family home or kinship home who are five (5) years old or younger exceed four (4). At no time shall the number of children in a foster family home or a kinship home who are two (2) years old or younger exceed two (2). 8. At no time shall the number of children in a foster family group home exceed twelve (12), including the foster parents’ own children. 9. Limited exceptions may be made to the capacity restrictions set forth in ¶¶ 5-7 above as set forth in Operational Guide §§ II.D.7 and II.D.8. 10. No class member shall remain in temporary foster care status for longer than thirty (30) days, except as provided in Operational Guide § II.D.ll. E. Pre-Placement Process and Supervision of the Placement 1. Prior to each new placement, DFS shall prepare the class member and his/her future alternative care provider(s) for that placement by providing to each of them relevant information concerning the other. 2. Absent the circumstances described in Operational Guide §§ II.E.9-12, at least one (1) pre-placement visit shall occur twenty-four (24) hours prior to a class member’s placement in a foster home. If possible, a second pre-placement visit, preferably overnight, shall take place. 3. Except as provided in Operational Guide §§ II.E.13 and II.E.14, immediately following and during a class member’s placement in a foster home, the child’s social worker shall supervise and monitor the child’s placement as follows: a. Within twenty-four (24) hours of each new placement, the worker shall have one (1) face-to-face visit with the child and one (1) contact with the foster parent(s) or kinship parent(s). b. During the first month of each new placement, the worker shall have a minimum of one (1) face-to-face visit with the child each week and one (1) contact with the foster parent(s) or kinship parent(s) each week. Two (2) of the face-to-face visits with the child must be with the foster parent(s) or kinship parent(s) in the foster home. c. During the next five (5) months of each placement, the worker must have a minimum of two (2) face-to-face visits with the child each month and two (2) contacts with the foster parent(s) or kinship parentis) each month. One (1) of the face-to-face visits with the child must be with the foster parent(s) or kinship parent(s) in the foster home. d. During the remainder of the placement, the worker shall have a minimum of two (2) contacts each month with the child, one (1) of which must be a face-to-face visit with the foster parent(s) or kinship parentis) in the foster home. 4. Except as provided in Operational Guide §§ II.E.13-15, DFS shall provide class members in residential treatment facilities with the following supervision and monitoring: a. Within twenty-four (24) hours of each new placement, the child’s social worker shall have one (1) face-to-face visit with the child and one (1) contact with the alternative care provider’s staff. b. During the first month of each new placement, the worker shall have a minimum of one (1) face-to-face visit with the child each week and two (2) contacts with the alternative care provider’s staff. One (1) contact with the alternative care provider’s staff shall be face-to-face. c. During the next five (5) months of each placement, the worker shall have a minimum of two (2) face-to-face visits with the child each month and two (2) contacts with the alternative care provider’s staff each month. One (1) of the contacts with the alternative care provider’s staff must be face-to-face. d. During the remainder of the placement, the worker shall have a minimum of two (2) contacts each month with the child, one (1) of which is face-to-face, and one (1) face-to-face contact each month with the alternative care provider’s staff. F. Prohibition on the Use of Inappropriate Discipline of Children and Investigation of and Responses to Suspected Incidents of Abuse, Neglect and Inappropriate Discipline. 1. DFS shall prohibit corporal punishment, inappropriate discipline, abuse, and neglect of class members. 2. Any time a social worker becomes aware that a class member may have been the subject of abuse, neglect or an inappropriate method of discipline, the social worker shall: a. Notify the Child Abuse/Neglect Central Hotline immediately. b. Notify his/her supervisor promptly. c. Notify the placement unit promptly. d. Determine with his/her supervisor whether any child in the alternative care placement is in imminent danger due to abuse, neglect, inappropriate discipline, or dangerous environmental conditions, and should be removed immediately. e. Document the incident in writing in the child’s record and the record of the alternative care placement in which the child resides. 3. If the incident occurred in a foster home, DFS shall suspend placement of additional children in the home upon receiving notification of the incident until completion of the investigation. 4. Upon receiving notification of the incident, the Child Abuse/Neglect Central Hotline shall refer the case for investigation by a specialized worker who is not supervised by the Program Administrator. 5. The specialized worker shall investigate the incident pursuant to normal Child Abuse/Neglect Procedures. 6. DFS shall establish a permanent team to evaluate the results of each investigation and to make recommendations for services and corrective actions, including the possible removal of children currently in the alternative care placement. Team decisions and recommendations shall be made in writing and forwarded promptly to the Program Administrator or his/her designee for his/her review and instruction regarding further agency action. 7. Team decisions, as modified or adopted by the Program Administrator, shall be implemented. If it is decided that the foster parents or kinship parents who are the subject of the investigation must complete a corrective action plan if they wish to continue as foster parents or kinship parents, DFS shall not place any additional children in their home until they have successfully completed the plan. If the foster parents or kinship parents do not agree to undertake the plan or do not complete it successfully, DFS shall decide whether to revoke their license or certification. The Program Administrator or his/her designee shall have final say on all revocation decisions. G. Providing Adequate Supports 1. DFS shall make good faith efforts to obtain an appropriation from the General Assembly for the financing necessary to increase foster care board rates towards an amount consistent with the middle level of the U.S. Department of Agriculture’s standard for the cost of raising a child in the urban Midwest and to maintain it at that rate. 2. DFS shall collaborate with foster and kinship parents as individuals and as organized foster and kinship parent groups to establish programs to better assist foster and kinship parents in caring for class members in their homes and to provide incentives for foster and kinship parents to remain as foster and kinship parents. 3. If day care services are necessary, DFS shall provide reimbursement for day care services approved by the social worker of the class member. 4. DFS shall establish and fill position(s) for foster and kinship parent ombudsperson^) and adoptive parent ombudsperson(s) as specified in Operational Guide § II.G. III. HEALTH CARE SERVICES A. Health Care Services 1. All class members shall receive a physical examination within thirty-six (36) hours of coming into DFS custody. 2. All class members shall receive a hearing and eye examination within one (1) month after coming into DFS custody. Class members three (3) years of age or older shall receive a dental examination within one (1) month after coming into DFS custody. 3. All class members shall receive subsequent medical, dental, hearing and eye examinations at the times set forth by the Healthy Children & Youth Program (HCY). 4. All class members shall receive necessary and appropriate health care follow-up services and specialized health care services in a timely manner. DFS shall provide transportation for class members if necessary. B. Health Care Plan 1. DFS shall develop a health care plan for every class member within thirty (30) days of the child’s entry into DFS custody. 2. The health care plan shall describe the class member’s health care needs, set forth how those needs will be addressed, when they will be addressed, and who will be responsible for addressing them. 3. Each class member’s health care plan shall be revised as needed based on the child’s situation. 4. DFS shall take all steps within its control to implement each class member’s health care plan. C. Health Care History and Health Care Records 1. At the time a class member enters DFS custody, DFS shall collect all available health care information about that child. 2. As long as a class member remains in DFS custody, DFS shall maintain accurate health care records for that child that include the child’s health care history and the examinations, treatments or hospitalizations that the child has while in DFS custody. 3. The class member’s social worker shall have readily available access to the child’s medical history and current health care plan. The social worker shall provide relevant health care information to each and every individual who needs access to that information to provide necessary and appropriate care to the child. D. Medical Case Management 1. Each class member shall receive the medical ease planning and management services necessary to meet his/her health care needs pursuant to a medical case management system established pursuant to Operational Guide §§ III.D.l and III.D.2. IV. DEVELOPMENT OF PERMANENCY PLANS AND PERMANENCY PLANNING GOALS A Permanency Planning Practice Guide 1. DFS shall develop and utilize a permanency planning practice guide setting forth principles, policies and procedures for the provision of family-focused permanency planning and child-specific adoption services, including the preparation of children for adoption. DFS shall adhere to the principles, policies and procedures set forth in the permanency planning practice guide. B. Preliminary Service Needs Determination 1. DFS shall establish a daily review process which evaluates all children who have entered DFS custody, as a result of a report of child abuse or neglect, within the previous twenty-four (24) hours to determine if placement was, and continues to be, necessary. With the Family Court’s permission, children for whom placement is not necessary shall be returned home promptly. 2. Within three (3) working days of a class member’s entry into DFS custody as a result of a report of child abuse or neglect, the social worker(s) assigned to the child’s case shall make a preliminary determination, based on all information obtainable, of the child’s service needs and the service needs of the child’s family. For all other class members, DFS shall conduct a preliminary determination of their service needs and the service needs of their families within three (3) working days of receipt of notification of the children’s entry into DFS custody. 3. DFS shall establish, with the Family Court, a process by which it receives immediate notification of the Family Court’s placement of children in DFS custody. 4. In those situations where a class member needs emergency medical or psychological service intervention prior to the three (3)-day Preliminary Planning Conference discussed below, DFS shall take all steps within its control to provide those services. C. Preliminary Planning Conference 1. A Preliminary Planning Conference shall be held for each class member who enters DFS custody as a result of a report of child abuse or neglect, even if that child is only in DFS custody temporarily, no more than three (3) working days after the child’s entry into DFS custody, but in all cases prior to the child’s detention hearing at the Family Court. The child’s social worker shall convene the conference. For all other class members, DFS shall conduct a Preliminary Planning Conference within three (3) working days after receiving notice of the child’s entry into DFS custody. D. Preliminary Permanency Plan 1. During the Preliminary Planning Conference, a Preliminary Permanency Plan shall be developed, tailored to the individual needs and circumstances of the class member and his/her family. At a minimum, this plan shall set forth with specificity the following: a. The reason for the child’s entry into DFS custody. b. A preliminary assessment of the child’s immediate service needs; the steps that shall be taken to meet those immediate needs; the identity of the person(s) (by name or by title) responsible for taking those steps; and the time periods within which the steps shall be taken. c. The child’s preliminary permanency planning goal. d. A target date for accomplishment of the permanency planning goal. e. A preliminary assessment of the services needed by the child and the child’s family to achieve the permanency planning goal. f. A schedule of the services that DFS will provide to the child and the child’s family to accomplish the permanency planning goal; the time periods within which they will be provided; and the DFS employees (by name or title) responsible for their provision. g. Diagnostic and evaluative services needed to obtain a comprehensive assessment of the services needed to implement the permanency planning goal, including, but not limited to, the services needed by the child’s family; the steps that DFS shall take to obtain the diagnostic and evaluative services; and the time periods within which the steps shall be taken. h. Unless the child’s circumstances dictate otherwise, a weekly parent/ehild and weekly child/sibling visitation schedule that shall be followed until the Comprehensive Permanency Plan is developed and implemented. 2. DFS shall implement each class member’s Preliminary Permanency Plan, taking all steps within its control to provide identified services and facilitate parent/child and child/sibling visitation. E. Comprehensive Permanency Planning Conference 1. Within thirty (30) days from the date of a class member’s entry into DFS custody, the child’s Permanency Planning Review Team shall convene for the purpose of reviewing and making changes to the child’s Preliminary Permanency Plan. 2. A class member’s Permanency Planning Review Team shall include: a. the child’s social worker. b. the child’s worker’s supervisor. c. a community representative not employed by DFS. d. the child’s guardian ad litem/attorney. e. the child unless his/her presence is waived as specified in Operational Guide §§ IV.E.4 and IV.E.5. f. the child’s parents/caretakers unless their parental rights have been terminated. g. the attorneys for the child’s parents/caretakers unless the parental rights of the parents/caretakers have been terminated. h. the child’s potential guardian, if the child’s permanency planning goal is guardianship. i. the child’s adoption worker, if the child’s permanency planning goal is adoption. j. the child’s adoptive resource if the child’s permanency planning goal is adoption and a resource has been identified. k. the child’s alternative care providers. l. the child’s medical case manager (when assigned). m. representatives from the child’s school district if the child is of school age. n. representatives from the Family Court. o. the child’s and the family’s services providers (e.g., counselors, therapists, etc.) F. Comprehensive Permanency Plan 1. Prior to the first meeting of the child’s Permanency Planning Review Team, the child’s social worker,’ with input from the child’s parents/caretakers, the child’s guardian ad litem/attorney and the child’s and family’s service providers, shall develop a Comprehensive Permanency Plan. 2. The child’s Comprehensive Permanency Plan shall, at a minimum, comply with the requirements of the federal Adoption Assistance and Child Welfare Act, 42 U.S.C. §§ 620-629, 671-679, and Mo.Code State Reg. Title 13, § 40-30.010(4). 3. The Comprehensive Permanency Plan also shall set forth the following: a. A target date for accomplishment of the child’s permanency planning goal. b. A comprehensive assessment of the services needed to achieve the permanency planning goal. c. A schedule of the services that DFS shall provide to accomplish the permanency planning goal; the time periods within which they will be provided; and the DFS employees (by name or title) responsible for their provision. d. Interim goals and measurable objectives needed to be met by the parents/caretakers, the child, the child’s potential guardian, and/or the child’s adoptive resource, to achieve completion of the permanency planning goal; a target date for accomplishment of each goal and/or objective; and the individuals responsible for achieving completion of the interim goals and measurable objectives. e. Schedules for parent/child visitation and weekly child/sibling visitation. If the child’s goal is reunification, the schedule shall provide for weekly parent/child visitation unless a therapist recommends, or the Family Court orders, otherwise. If the goal is other than reunification, frequency of visitation shall be determined by the best interest of the child and the child’s permanency planning goal. 4. DFS shall implement each child’s Comprehensive Permanency Plan, taking all steps within its control to provide identified services and facilitate parent/child and child/sibling visitation. G. Written Service Agreements 1. Written Service Agreement(s) shall be developed contemporaneously with the child’s first Comprehensive Permanency Plan. Within thirty (30) days of any change in the child’s permanency planning goal, additional Written Service Agreements shall be developed, as necessary, and existing ones reviewed and renegotiated, again as necessary. All Written Service Agreements shall be renegotiated, reviewed or renewed at least every ninety (90) days. 2. Each Written Service Agreement shall, at a minimum, contain the elements set forth in Operational Guide § IV.G.2. 3. DFS shall implement each Written Service Agreement, taking all steps within its control to provide the identified services. H. Six-Month Permanency Planning Review 1. No later than six (6) months after a class member has entered DFS custody and every six (6) months thereafter, the child’s Permanency Planning Review Team shall meet to review and make changes to the child’s Comprehensive Permanency Plan. 2. Prior to the meeting, the child’s social worker, with input from the child’s family and, if possible, the child’s guardian ad litem/attorney, the child’s service providers and the family’s service providers, shall revise the child’s Comprehensive Permanency Plan so that it contains the following: a. A description of what has happened to the child and family since the last meeting of the Permanency Planning Review Team. b. What progress, if any, has been made toward achieving the child’s permanency planning goal and the interim goals and objectives set forth in the prior Comprehensive Permanency Plan. c. A reunification plan for the child and parent/caretaker, if DFS plans to recommend, or has recommended, to the Family Court that reunification of the child and parent/caretaker take place. In addition, the Comprehensive Permanency Plan shall contain an aftercare plan, including information about the child’s health care and specifying the services to be offered to the parenVcaretaker and the child after the child returns, shall be developed. 3. DFS shall implement each Comprehensive Permanency Plan resulting from a six (6)-month Permanency Planning Review, taking all steps within its control to provide identified services and facilitate parent/child and ehild/sibling visitation. I. Permanency Planning Goals 1. Throughout the permanency planning process, each class member shall have a permanency planning goal that reflects the current facts and circumstances of that child’s case. Appropriate permanency planning goals shall be limited to reunification, adoption, guardianship or independent living. a. No child under the age of sixteen (16) may be assigned a permanency planning goal of independent living except as set forth in Operational Guide § IV.I.2. 2. If a child’s goal is reunification, at the child’s Preliminary Permanency Planning Conference and at each meeting of the Permanency Planning Review Team, conference attendees shall consider and document the following: a. Whether adoption may be an appropriate goal. b. If it is not an appropriate goal, whether it might become such a goal, and, if so, when and under what circumstances it may become a goal. c. If it is an appropriate goal, whether a voluntary relinquishment of parental rights may be obtained from the child’s parents. 3. If it is decided that adoption might be an appropriate goal and that a voluntary relinquishment cannot be obtained, the case shall be referred to DFS’ Legal Section for a determination as to whether grounds for termination of parental rights exist. If DFS’ Legal Section determines that sufficient grounds for termination exist, the child’s social worker shall forward to the Family Court all documentation necessary to initiate a termination of parental rights proceeding. Such documentation shall be forwarded within thirty (30) days of the decision to refer the case to DFS’ Legal Section. 4. Within five (5) days of receiving written notification from the Family Court that a teimination of parental rights petition will be filed, the social worker shall change the child’s permanency planning goal to adoption and refer the child’s case to the Adoption Unit or begin adoption planning immediately. J. Adoption Training and Information Systems 1. All social workers involved in the adoption process shall receive pre-service and annual in-service training on adoption issues. 2. DFS shall maintain and utilize an automated management information system, accessible to all social workers involved in the adoption process. The system shall contain information about available adoption resources and efforts undertaken to find adoptive homes for children with permanency planning goals of adoption. The system also shall monitor DFS’ compliance with the adoption time lines mandated by Consent Decree §§ IV.I.3, IV.I.4, IV.K.l, IV.L.l and IV.L.3, and Operational Guide §§ IV.L.l and IV.L.2. K. Adoption Planning Conference 1. Within thirty (30) days of a child’s permanency planning goal becoming adoption, an adoption planning conference shall be convened. L. Adoption Plan 1. At the Adoption Planning Conference, the child’s adoption worker, with input from the attendees, shall develop a plan to prepare the child for adoption and to find him/her an adoptive home as soon as possible. The plan shall set forth with specificity the following: a. The steps to be taken to prepare the child for adoption, including the provision of counseling services. b. The steps to be taken to find the child an adoptive home. c. The steps to be taken once an adoptive resource has been located. d. The individuals (designated by name or title) responsible for taking the steps set forth above. e. Time frames within which the above steps shall be taken, which, at a minimum, provide that DFS commences the child-specific recruitment mandated by Operational Guide § IV.L.l.c. within sixty (60) days of a child’s Adoption Planning Conference if an appropriate match has not been found before then. f. Periodic and regular contact between the child’s adoption worker, the child, his/ her alternative care providers, his/her adoptive resource (if one has been located) and his/her guardian ad litem/attomey to keep them informed of the manner in which the adoption process is proceeding. g. Once an adoptive resource is identified, the resources and services necessary to make the adoption placement successful. 2. DFS shall implement each child’s Adoption Plan. 3. Each class member’s Adoption Plan shall be reviewed no later than every ninety (90) days and revised if necessary. 4. Once a termination of parental rights petition has been filed, the fact that a child has not been legally freed for adoption shall not, by itself, be used to justify failure to engage in adoption planning or recruitment or to initiate appropriate contact with an identified adoptive resource, unless the Family Court has instructed otherwise. V. PERMANENCY PLANNING IMPLEMENTATION A Staff Caseloads, Supervision and Training 1. Social workers whose caseloads contain at least one (1) class member shall have caseloads of no more than twenty-five (25) children. Social workers whose caseloads consist solely of class members shall have caseloads of no more than fifteen (15) children. 2. Social workers performing licensing or adoptive home studies shall have caseloads of no more than twenty-five (25) studies at any given time. No more than fifteen (15) of these studies shall be initial studies. 3. Social workers who are doing home studies as well as serving as case managers to class members shall have caseloads of no more than twenty-five (25) studies or children. No more than fifteen (15) of the studies may be initial studies. No more than fourteen (14) of the children may be class members. 4. With respect to units with social workers whose combined caseloads include more than six (6) class members and any units providing placement, licensing, resource development or adoption services, the following shall apply: a. DFS shall provide each social worker with adequate supervision as defined in the Operational Guide. b. No supervisor shall supervise more than six (6) workers at any given time. Supervisors may supervise more than six (6) workers for a period not to exceed two (2) weeks if workers are transferring out of the unit and other workers have transferred into the unit. c. No supervisor shall carry a caseload except on an emergency or temporary basis as defined in Operational Guide § V.A.1 (Panel Recommendation 11). d. DFS shall make good faith efforts to provide each unit with sufficient clerical support. Towards that end, DFS shall increase its current clerical staff by hiring six (6) additional full-time equivalent clerical personnel between July 1, 1994 and June 30, 1995. These clerical personnel shall be available to social workers whose caseloads contain class members. e. DFS shall make good faith efforts to provide every two (2) units with a paraprofessional. Towards that end, DFS shall increase its current paraprofessional staff by hiring six (6) new full-time equivalent paraprofessionals by June 30,1995. These paraprofessionals shall be available to social workers whose caseloads contain class members. In addition, DFS shall take steps to obtain volunteer paraprofessional assistance from community groups, volunteer organizations, and local universities and schools. 5. No class member shall remain without an assigned social worker for more than five (5) business days. 6. DFS shall provide all new social workers and new supervisors who shall provide services to class members with at least one hundred and five (105) hours of multi-faceted, state-of-the-art orientation training. It shall provide appropriate job-specific orientation training to paraprofessional staff. 7. DFS shall provide at least thirty (30) hours of annual in-service training to all staff providing services to class members, including managers, supervisors and social workers, and eight (8) hours of annual in-service training to clerical staff and paraprofessional staff. 8. By January 1996, DFS shall provide retraining, using a competency based curriculum, to all staff providing services to class members hired before January 1995, including direct service staff, supervisors and managers. B. Unit Structures and Managerial Personnel 1. DFS shall recruit, select and hire a Deputy Program Administrator for Children’s Services for the DFS Jackson County, Missouri Office. 2. DFS shall establish a placement mechanism whose staffing and resource needs shall be based on an annual needs assessment. 3. DFS shall obtain or designate one (1) full-time equivalent position to provide educational advocacy services for class members. 4. DFS shall establish a recruitment/retention team consisting of a minimum of six (6) full-time persons who report to one (1) supervisor. The team shall have responsibility for the Foster and Adoptive Parent Recruitment and Foster Parent Retention component of the Management Plan. 5. DFS shall designate a Resource Development Coordinator, who, together with the management staff of DFS’ Jackson County, Missouri Office, shall have responsibility for developing and implementing the Resource Development component of the Management Plan. The Resource Development Coordinator shall be assisted in implementation of the Resource Development component by the management staff and one (1) full-time person, who is not also a part of the recruitmentyretention team. 6. DFS shall establish a Quality Assurance Unit, staffed with individuals specifically trained to develop and implement the Quality Assurance component of the Management Plan. 7. DFS shall establish a Training Unit which shall be staffed with, at minimum, a Coordinator of Training and Staff Development and two (2) training specialists. The Training Unit shall be responsible for developing and implementing the staff, foster parent and kinship parent training component of the Management Plan. 8. DFS shall contract for or hire one (1) full-time staff person with responsibility for the programming and maintaining of its Jackson County, Missouri automated management information systems. C. Management Plan 1. DFS shall develop a Management Plan to assist it in providing child welfare services. Because it is anticipated that the Management Plan shall address the provision of child welfare services to all eligible families and children, including those families who do not have children in DFS legal custody and those children who are not class members, the parties recognize that the plan may address issues and topics outside the scope of the Consent Decree. The inclusion of such issues and topics in the Management Plan shall not be deemed to broaden DFS’ responsibilities under this Consent Decree and the accompanying Operational Guide. Such issues and topics shall not be monitored and shall not be available for use against the defendants. 2. The Management Plan shall contain, at a minimum, the following components, each of which is defined in further detail in subsequent sections of this Consent Decree: a. Staff Recruitment and Retention. b. Foster and Adoptive Parent Recruitment and Foster Parent Retention. e. Staff, Foster Parent and Kinship Parent Training. d. Resource Development. e. Quality Assurance. f. Manual and Automated Management Information Systems. 3. Each component of the Management Plan shall, at a minimum, provide for the following: a. An annual needs assessment conducted pursuant to reasonable professional standards. b. The establishment of goals based upon the needs assessment. c. Identified activities and specific tasks designed to accomplish the goals, including strategies to obtain or develop the resources needed to accomplish the goals. d. Timetables for accomplishing the goals set forth in subsection (b) and the activities and tasks set forth in subsection (c). e. The designation, by title or name, of the individuals responsible for completion of the activities or tasks, including designation of the management staff person who shall have primary responsibility for implementation of each component of the Management Plan. 4. The Management Plan and each of its components shall be revised annually. 5. DFS shall implement the Management Plan and each of its components by conducting the needs assessments mandated by Consent Decree § V.C.3.a, establishing the goals mandated by Consent Decree § V.C.3.b., and undertaking the activities and accomplishing the specific tasks mandated by Consent Decree § V.C.3.C. within the time periods mandated by Consent Decree § V.C.3.d. Staff Recruitment and Retention Component 6. The Staff Recruitment and Retention component of the Management Plan shall be developed, with input from community resources, to recruit qualified candidates for supervisor, social worker and support staff (including administrative, clerical and paraprofessional) positions, and to retain qualified supervisors, social workers and support staff (including administrative, clerical and paraprofessional personnel). Foster and Adoptive Parent Recruitment and Foster Parent Retention Component. 7. The Foster and Adoptive Parent Recruitment and Foster Parent Retention component of the Management Plan shall provide for the development, with input from community resources, of a multi-year plan to recruit a sufficient number and variety of foster and adoptive parents and to retain a sufficient number and variety of foster parents in an effort to facilitate the timely and appropriate placement of each class member. Staff Foster Parent and Kinship Parent Training Component 8. The Staff, Foster Parent and Kinship Parent Training component of the Management Plan shall be a Comprehensive Annual Training Plan which provides for all staff, foster parent and kinship parent pre-service, orientation and in-service training required by the Consent Decree and the Operational Guide. Resource Development Component 9. The Resource Development component of the Management Plan shall be a Jackson County Resource Development Plan, developed with input from community resources, that sets forth the resource needs of the Jackson County, Missouri Office of DFS and strategies for meeting those needs. Manual and Automated Management Information Systems Component 10. The Manual and Automated Management Information Systems component of the Management Plan shall provide for a comprehensive review of all management information systems and record keeping systems utilized in DFS’ Jackson County, Missouri Office and a revision of those systems, if necessary, to reduce duplication and the paperwork burden on social workers and supervisors, and to permit timely and complete record-keeping, and the accessibility of information. In addition, it shall provide for the automation of management information systems, including, but not limited to, the information systems utilized by supervisors and social workers involved in the licensing, foster parent training, placement and adoption processes to aid in pro-active case management. Quality Assurance Component 11. The Quality Assurance component of the Management Plan shall provide for the development of a comprehensive quality assurance program. At a minimum, the program shall provide for periodic systemic and specialized reviews, timely reporting mechanisms, remedial actions and such training as may be necessary. 12. DFS, in conjunction with DMS, shall establish on-going quality assurance procedures to assure implementation of health care plans and the provision to class members of medical case management and planning in accordance with reasonable professional standards. VI. MISCELLANEOUS PROVISIONS A. Vendors 1. Nothing in this Consent Decree shall preclude DFS from contracting with qualified vendors to license, relieense or certify foster homes; to provide foster parent recruitment, retention and training services; to provide adoption services; and to provide ease management services. a. The vendors with whom DFS contracts for the provision of licensing services; foster parent recruitment, retention and training services; adoption services; and case management services shall be bound by the requirements of the Consent Decree, including the training requirements. b. Should DFS contract with any vendor for the provision of case management services, it shall develop a plan setting forth how it intends to monitor and supervise these vendors and submit it to the plaintiffs and the G.L. Monitoring Committee for review and comment. The plan shall be implemented within a reasonable period. B. Remedial Actions 1. DFS shall develop and implement a plan to identify class members who have had a goal of reunification for more than eighteen (18) months, and all class members who have a goal of reunification but have not had parental contact for at least six (6) months. In addition, the plan shall provide for the following: a. An accelerated reevaluation .of the permanency planning goals for each of these children, a determination of whether that goal remains appropriate, and if necessary, a change in goal. b. Intensive casework designed to achieve successful implementation of each child’s permanency planning goal within a reasonable period of time. 2. DFS shall develop and implement a plan designed to provide special, intensive recruitment and adoptive placement efforts for those class members who have had a goal of adoption for more than nine (9) months but who have no identified and available adoptive resource. 3. DFS shall develop and implement a plan designed to close foster homes where DFS has determined that the foster parents should no longer serve as foster parents or the foster parents have indicated that they no longer wish to care for children in DFS legal custody. 4. DFS shall develop and implement a plan designed to take appropriate corrective action with respect to reports of abuse, neglect or inappropriate discipline that concern class members that have been received since January 1,1993, and that have been substantiated or determined to be “probable cause” (substantiated) or “unsubstantiated with preventive services indicated.” C. Exemptions 1. In exceptional circumstances, class members may be exempted from specific requirements of the Consent Decree or Operational Guide on a case-by-case basis by mutual consent of the parties. Requests for such exemptions shall be made in writing by the Program Administrator or his/her designee to plaintiffs’ counsel. Plaintiffs’ counsel shall respond in writing and if the exemption is agreed upon, correspondence pertaining thereto shall be placed in the class member’s case file. D. Monitoring 1. The G.L. v. Slangier Foster Care Consent Decree Monitoring Committee, established pursuant to Court Order dated July 23, 1985, shall continue to exist until the Consent Decree expires pursuant to the terms of the Exit Plan described below. It shall monitor defendants’ compliance with the Consent Decree and the Operational Guide pursuant to a methodology agreed to by the parties and submitted to the Court for its incorporation into a court order, and shall report the results of its monitoring activities in semi-annual reports to the Court and the parties. The Committee may prepare additional reports as the parties request or the Court directs. 2. Any party may challenge the accuracy of a report issued by the G.L. Monitoring Committee by filing a motion with the Court within sixty (60) days of the Committee’s issuance of that report. 3. Defendants shall permit the G.L. Monitoring Committee to have access to all information, personnel and documents necessary to complete the specific tasks identified in the Monitoring Methodology. This access may include, but is not limited to, access to class members and their families; alternative care providers; service providers; vendors; case records concerning class members, their families and their placements; and DFS staff, both at the state and local level. Any requests for access to personnel and information not contemplated by the Monitoring Methodology shall be made to a designated DFS employee. Such personnel and information shall be made available at reasonable times and places and in a manner that does not unreasonably interfere with the operation of DFS. 4. Defendants shall provide the G.L. Monitoring Committee with the office space, office equipment, compensation and funding reasonably necessary for it to perform its job, subject to Court approval. 5. By December 31, 1994, the parties shall submit to the Court for its approval a comprehensive methodology, developed with assistance from the G.L. Monitoring Committee and appropriate technical experts and based on the Framework for Monitoring Methodology referred to in the Introduction to this Consent Decree. That methodology may include an analysis of information collected: (a) by DFS’ management and information systems; (b) from a review of relevant case records; and (c) from interviews with class members and their families, DFS staff, alternative care providers, and service providers. 6. The monitoring methodology can be changed only with approval from the Court. E. Compliance 1. Notwithstanding Consent Decree § VI.G, the parties agree that defendants shall work to achieve 100% compliance with each and every provision of the Consent Decree and Operational Guide. 2. Plaintiffs agree not to move to hold defendants in contempt for: a. Failure to reach 100% compliance with respect to a particular provision of the Consent Decree or Operational Guide, provided defendants have reached the compliance level for that provision set forth in the Exit Plan. b. Failure to comply with all of Panel Recommendation 3, Task l.c of Panel Recommendation 10, or Tasks 1 and 2 of Panel Recommendation 11. c. Any reasons prohibited by Consent Decree § V.C.l and Framework for Monitoring Methodology § VII (Additional Measures). d. Failure of individuals identified in Consent Decree §§ IV.E.2.c-o to attend any Comprehensive Permanency Planning Conferences. F. Reservation of Arguments 1. Subject to Consent Decree §§ V.C.l and VI.E.2, plaintiffs reserve any and all legal or factual arguments, theories or claims that may be advanced: (a) to enforce the Consent Decree or the Operational Guide, including, but not limited to, any arguments, claims or theories that may be made in support of a motion for an order holding defendants in contempt; or (b) to bar expiration of the Consent Decree and the Operational Guide or the transfer of any provision of either document on the grounds specified in Consent Decree § VI.G.2.d. 2. Defendants reserve any and all legal or factual arguments, claims or defenses, including, but not limited to, any defenses based on the eleventh amendment to the United States Constitution, that may be made to defend against a motion: (a) to enforce the Consent Decree or Operational Guide, including, but not limited to, a motion for an order holding defendants in contempt; or (b) to bar expiration of the Consent Decree and the Operational Guide or the transfer of any provision of either document on the grounds specified in Consent Decree § VI.G.2.d. 3. Notwithstanding Consent Decree § VI.E.2, but subject to Consent Decree § V.C.l, the parties are not precluded from using any data or factual information gathered by the G.L. Monitoring Committee, for whatever reason, to support or to defend against a motion: (a) to enforce the Consent Decree and Operational Guide, including a motion to hold defendants in contempt for failing to comply with sections of the Consent Decree and Operational Guide not listed in Consent Decree § VI.E.2; or (b) to bar the expiration of the Consent Decree and the Operational Guide or the transfer of any provision of either document on the grounds specified in Consent Decree § VI.G.2.d. 4. Nothing contained in the Consent Decree, Operational Guide or Monitoring Methodology shall be deemed to require a level of compliance than would otherwise exist under law. The standards contained in the Exit Plan are only for purposes of exit from the Consent Decree and its related provisions and shall not be deemed to constitute an agreement by the parties on what constitutes substantial compliance for any other purpose. 5. All claims by plaintiffs for costs and attorneys’ fees are reserved, unless otherwise resolved prior to the Court’s approval of the Consent Decree. G. Exit Plan 1. To exit from the Consent Decree, the Operational Guide and the Monitoring Methodology, defendants are required to reach the compliance levels contained in the Exit Plan, attached hereto as Exhibit A and incorporated by reference, and to sustain that compliance for one (1) one and one-half (ljé) year period as reflected in three (3) consecutive six (6)-month reports of the G.L. Monitoring Committee. Should defendants’ level of compliance with any given standard be no more than five (5) percent below that set forth in the