RULE 18.1. REVIEW OF PLACEMENT IN RESIDENTIAL TREATMENT

(a) Definitions. In this rule:

(1) “the agency” means the human service zone, unless another entity is designated by the department of human services;

(2) “assessment” means a fact finding process designed to provide information that enables a determination to be made that as to whether or not placement in a qualified residential treatment program is appropriate;

(3) “placement” means removal from a residence to an out-of-home treatment program;

(4) “qualified individual” means a trained professional or licensed clinician who is not an employee of a IV-E agency or affiliated with any placement setting;

(5) “qualified residential treatment program” means a licensed or approved residence providing an out-of-home treatment placement for children including the following required components:

(A) a trauma-informed treatment model;

(B) licensed and accredited by one of the three HHS approved accreditors;

(C) registered or licensed nursing staff and other licensed clinical staff available 24 hours and 7 days a week;

(D) family engagement and outreach, including siblings, in the child’s treatment; and

(E) discharge planning and family-based aftercare supports for at least six months post-discharge.

(b) Review Required. Upon a placement of a child in a qualified residential treatment program, a qualified individual must conduct an assessment of the strengths and needs of the child using an age-appropriate, evidence-based, validated, functional assessment tool and an assessment of whether the placement matches the child’s needs.

(c) Reporting. The qualified individual conducting the assessment must submit the assessment results and any other supporting documentation to the Juvenile Court Director or designee within 10 days of completion of the assessment. Within five working days of receipt of the assessment, the Juvenile Court Director or designee must complete the review and decide whether to approve the placement. The review decision must be immediately filed with the court and copies provided to all parties by the juvenile court.

(d) Disposition.

(1) If approved, placement continues until the child is released from that level of care or another review is necessary based on continued time in qualified residential
treatment program placement.

(2) If the placement is not approved by the Juvenile Court Director or designee, a hearing before the juvenile court must be held within 60 days of the initial placement.

(3) The agency must move the child to an appropriate level of care within 30 days if the court determines the placement is not appropriate.

(e) Review of Placement Approval. Any party to the case may request a juvenile court hearing on the placement decision of a Juvenile Court Director or designee. A request for a hearing must be made in writing, state the reasons for the request, and be filed with the court.

(f) Status Review. A status review to determine progress towards returning the child home and whether continued placement at a qualified residential treatment program is necessary will occur every 90 days after the initial review and will follow the same process as the initial review.