W. Va. R. Juve. Proc. 37

As amended through January 31, 2024
Rule 37 - Case Plan
(a)Case Plan for Foster Care. For every juvenile in foster care under the supervision of the DHHR or DJS, the custodial agency must prepare a case plan for the child within the first 60 days of entering the care, custody and control of the agency.
(b) Coordination with Multidisciplinary Team. The Case Plan shall be developed in coordination and consultation with the Multidisciplinary Team and the comprehensive assessment process.
(c) Contents of Case Plan. The Case Plan shall include, but need not be limited to:
(1) A description of the type of home or institution in which a child is to be placed or is placed, including a discussion of the safety and appropriateness of the placement.
(2) The factors to be considered in determining the safety and appropriateness of the placement shall include, consistent with the best interest and special needs of the juvenile, whether the placement is the least restrictive setting, the most nurturing setting, in reasonable proximity to the juvenile's home, and any other factor the court deems pertinent. If the juvenile has been placed in a home or facility welfare agency a substantial distance from the home of the parents, or in another State, the reasons why such placement is in the best interests of the juvenile must be set forth.
(3) A plan for assuring that the juvenile receives safe and proper care and that services are provided to the parents, juvenile and foster parents, if applicable, in order to improve the conditions in the parents' home, facilitate return of the child to his own safe home or the permanent placement of the child, and address the needs of the child while in foster care, including a discussion of the appropriateness of the services that have been provided to the juvenile.
(4) The health and education records of the juvenile, including the most recent information available regarding:
(A) the names and address of the juvenile's health and educational providers;
(B) the juvenile's grade level performance;
(C) the juvenile's school record;
(D) a record of the juvenile's immunizations;
(E) the juvenile's medications; and
(F) any other relevant health and education information.
(5) For a juvenile age 14 or older, written descriptions of the programs and services which will help prepare the juvenile for the transition from foster care to independent living.
(6) If a W.Va. Code § 49-4-601, et seq, proceeding is contemplated by the DHHR, in the case of a juvenile with respect to whom the permanency plan is adoption or placement in another permanent home, documentation of the steps the DHHR is taking to find an adoptive family or other permanent living arrangement for the juvenile, to the place the juvenile with an adoptive family, a fit and willing relative, a legal guardian, or in another planned permanent living arrangement, and to finalize the adoption or legal guardianship. At a minimum, such documentation shall include juvenile specific recruitment efforts such as the use of State, regional and national adoption exchanges.
(7) If a W.Va. Code § 49-4-601, et seq., proceeding is contemplated by the DHHR, in the case of a juvenile with respect to whom the permanency plan is placement with a relative and receipt of kinship guardianship assistance subsidy, a description of:
(A) the steps the DHHR has taken to determine that it is not appropriate for the juvenile to be returned home or adopted;
(B) the reasons for any separation of siblings during placement;
(C) the reasons why a permanent placement with a fit and willing relative through a kinship guardianship subsidy is in the juvenile's best interest;
(D) the ways in which the juvenile meets the eligibility requirements for a kinship guardianship assistance subsidy;
(E) the efforts the DHHR has made to discuss adoption by the juvenile's relative foster parent as a more permanent alternative to legal guardianship and, in the case of a relative foster parent who has chosen not to pursue adoption, documentation of the reasons therefore; and
(F) the efforts made by the DHHR to discuss with the juvenile's parent or parents the kinship guardianship assistance subsidy, or the reasons why the efforts were not made.
(8) A plan for ensuring the educational stability of the juvenile while in foster care, including:
(A) assurances that the placement of the juvenile takes into account the appropriateness of the current educational setting and the proximity to the school in which the juvenile is enrolled at the time of placement; and
(B) an assurance that the custodial agency has coordinated with appropriate local educational agencies to ensure that the juvenile remains in the school in which the juvenile is enrolled at the time of placement; or
(C) if remaining in such school is not in the best interests of the juvenile, assurances by the custodial agency and the local educational agency to provide immediate and appropriate enrollment in a new school, with all of the educational records of the juvenile provided to the school.

W. Va. R. Juve. Proc. 37

Effective 1/1/2016.