4304. Active, Diligent, and Reasonable Efforts

Original Date: November 19, 1997

Revised Date: July 1, 2024

Sunset Review Date: July 31, 2028

Approved by: Natalie Green, Assistant Secretary of Child Welfare Division

Purpose

The purpose of this policy is to provide guidance on the required use of:

Active efforts when there is reason to know children are or may be Indian children to:
- Prevent their removal.
- Promote timely reunification of Indian families.
Diligent efforts when serving parents or guardians.
Reasonable efforts to:
- Prevent children’s or youth’s removal from parents or guardians, even:
  - When they were not residing with the children or youth at the time of removal.
  - In emergent circumstances.
- Achieve timely permanency.

Scope

This policy applies to caseworkers.

Laws

Chapter 13.34 RCW Juvenile Court Act-Dependency and Termination of Parent-Child Relationship

Chapter 13.38 RCW Indian Child Welfare Act

Chapter 26.44 RCW Abuse of Children

25 USC Federal Indian Child Welfare Act (ICWA)

PL 105-89 Adoption and Safe Families Act (ASFA) of 1997

Policy

Caseworkers must:

Make:
1. Active efforts when there is reason to know children are or may be Indian children to prevent the children’s removal and promote timely reunification of Indian families, per ICW Child Protective Services for Indian Children policy.
2. Diligent efforts to serve and notify parents or guardians, per the Dependency Petition Process policy.
3. Reasonable efforts to:
  1. Prevent placement of children and youth in out-of-home care.
  2. Assess the parent or guardian the children or youth do not primarily reside with before the initial removal and prior to the shelter care hearing.
Offer services to families to promote reunification, unless a court made a finding of aggravated circumstances.
Return children and youth home when safety threats have been managed or have been mitigated, per the Safety Assessment policy.
Maintain stability for children and youth.
Achieve timely permanency when children and youth are placed in out-of-home care.

Procedures

Serving and Notifying Parents and Guardians
Caseworker must make diligent efforts to:
1. Serve the parents or guardians the petition and supporting documents, including the Temporary Custody Notification 09-731 form.
2. Provide the shelter care hearing information.
3. Notify the parents and guardians as soon as possible when their children or youth have been removed from their custody by following the Dependency Petition Process policy.
Placement Prevention
Caseworkers must make reasonable efforts to prevent out-of-home placement by:
1. Providing concrete goods and services, as applicable.
2. Completing one of the following with the family to determine what available services would address the identified safety threats:
  1. Investigative Assessment for CPS cases.
  2. Family Assessment Response Family Assessment (FARFA) for FAR cases.
  3. Comprehensive Family Evaluation (CFE) for:
    1. Family Voluntary Services (FVS) cases.
    2. Child and Family Welfare Services (CFWS) cases.
3. Developing written case plans when required, to improve the capacity of families to provide safe and stable homes for their children or youth, including services that are:
  1. Accessible
  2. Available
  3. Culturally appropriate
Placement Out-of-Home
Caseworkers must:
1. Make reasonable efforts to locate and place children and youth with relatives and suitable persons, per the Relative Search and Notification policy.
2. Follow the:
  1. ICW Indian Child Placement Preferences and Relative Search policy when there is reason to know that children are or may be Indian children.
  2. Out-of-Home Placements policy when placing children or youth in out-of-home placement.
Stability or Permanency
Caseworkers must provide reasonable efforts to achieve stability or timely permanency for children or youth, placed in out-of-home care by:
1. Following the Relative Search and Notification policy to locate relatives.
2. Identifying relatives or suitable persons who:
  1. Meet the health, safety, and well-being of the children or youth.
  2. Maintain stability for children and youth.
  3. May be a permanent placement resource.
3. Providing concrete goods, as applicable.
4. Following Permanent and Concurrent Planning policy.
Returning Children and Youth Home
Caseworkers must make reasonable efforts when children or youth are placed in out-of-home care to return them home by:
1. Offering services to the parents or guardians to address the safety threats, unless aggravated circumstances exist. Services must:
  1. Focus on the identified safety threats and help families eliminate the need for placement.
  2. Be culturally appropriate.
  3. Be accessible.
2. Following the Return Home policy.
Documentation
1. Caseworkers must follow the Documentation policy and document all active, diligent, and reasonable efforts.