§287.6. Provision of services

A. Family preservation services may be provided to children and their families only when the department has determined that:

(1) The child has been placed in foster care or is at actual, imminent risk of foster care placement due to:

(a) Child abuse or neglect.

(b) A serious threat of substantial harm to the child's health, safety, or welfare.

(c) Family conflict.

(2) There are no other available services that will prevent foster care placement of the child or make it possible to immediately return the child to his home.

B. The department shall refer eligible families to family preservation services on a twenty-four-hour intake basis. The department need not refer otherwise eligible families, and family preservation services need not be provided if:

(1) The services are not available in the community in which the family resides.

(2) The services cannot be provided because the program is filled to capacity and there are no current service openings.

(3) The family refuses the service.

(4) The department or the agency that is supervising the foster care placement has developed a case plan that does not include reunification of the child and family.

(5) The department or the contracted service provider determines that the safety of a child, a family member, or persons providing the service would be unduly threatened.

C. Nothing in this Subpart shall prevent provision of family preservation services to nonfamily members when the department or the service provider deems it necessary or appropriate to do so in order to assist the family or child.

Acts 1993, No. 857, §1, eff. June 23, 1993.