210.112. Children's services providers and agencies, contracting with, requirements--reports to general assembly--rulemaking authority.

MISSOURI STATUTES AND CODES

210.112. Children's services providers and agencies, contracting with, requirements--reports to general assembly--rulemaking authority.

Children's services providers and agencies, contracting with,requirements--reports to general assembly--rulemaking authority.

210.112. 1. It is the policy of this state and its agencies toimplement a foster care and child protection and welfare system focused onproviding the highest quality of services and outcomes for children andtheir families. The department of social services shall implement suchsystem subject to the following principles:

(1) The safety and welfare of children is paramount;

(2) Providers of direct services to children and their families willbe evaluated in a uniform and consistent basis;

(3) Services to children and their families shall be provided in atimely manner to maximize the opportunity for successful outcomes; and

(4) Any provider of direct services to children and families shallhave the appropriate and relevant training, education, and expertise toprovide the highest quality of services possible which shall be consistentwith the federal standards, but not less than the standards and policiesused by the children's division as of January 1, 2004.

2. On or before July 1, 2005, and subject to appropriations, thechildren's division and any other state agency deemed necessary by thedivision shall, in consultation with the community and providers ofservices, enter into and implement contracts with qualified children'sservices providers and agencies to provide a comprehensive and deliberatesystem of service delivery for children and their families. Contractsshall be awarded through a competitive process and provided by children'sservices providers and agencies currently contracting with the state toprovide such services and by public and private not-for-profit or limitedliability corporations owned exclusively by not-for-profit corporationschildren's services providers and agencies which have:

(1) A proven record of providing child welfare services within thestate of Missouri which shall be consistent with the federal standards, butnot less than the standards and policies used by the children's division asof January 1, 2004; and

(2) The ability to provide a range of child welfare services, whichmay include case management services, family-centered services, foster andadoptive parent recruitment and retention, residential care, in-homeservices, foster care services, adoption services, relative care casemanagement, planned permanent living services, and family reunificationservices.

No contracts shall be issued for services related to the child abuse andneglect hotline, investigations of alleged abuse and neglect, and initialfamily assessments. Any contracts entered into by the division shall be inaccordance with all federal laws and regulations, and shall not result inthe loss of federal funding. Such children's services providers andagencies under contract with the division shall be subject to all federal,state, and local laws and regulations relating to the provision of suchservices, and shall be subject to oversight and inspection by appropriatestate agencies to assure compliance with standards which shall beconsistent with the federal standards, but not less than the standards andpolicies used by the children's division as of January 1, 2004.

3. In entering into and implementing contracts under subsection 2 ofthis section, the division shall consider and direct their efforts towardsgeographic areas of the state, including Greene County, where eligibledirect children's services providers and agencies are currently availableand capable of providing a broad range of services, including casemanagement services, family-centered services, foster and adoptive parentrecruitment and retention, residential care, family preservation services,foster care services, adoption services, relative care case management,other planned living arrangements, and family reunification servicesconsistent with federal guidelines. Nothing in this subsection shallprohibit the division from contracting on an as-needed basis for anyindividual child welfare service listed above.

4. The contracts entered into under this section shall assure that:

(1) Child welfare services shall be delivered to a child and thechild's family by professionals who have substantial and relevant training,education, or competencies otherwise demonstrated in the area of childrenand family services;

(2) Children's services providers and agencies shall be evaluated bythe division based on objective, consistent, and performance-basedcriteria;

(3) Any case management services provided shall be subject to a casemanagement plan established under subsection 5 of this section which isconsistent with all relevant federal guidelines. The case management planshall focus on attaining permanency in children's living conditions to thegreatest extent possible and shall include concurrent planning andindependent living where appropriate in accordance with the best interestsof each child served and considering relevant factors applicable to eachindividual case as provided by law, including:

(a) The interaction and interrelationship of a child with the child'sfoster parents, biological or adoptive parents, siblings, and any otherperson who may significantly affect the child's best interests;

(b) A child's adjustment to his or her foster home, school, andcommunity;

(c) The mental and physical health of all individuals involved,including any history of abuse of or by any individuals involved;

(d) The needs of the child for a continuing relationship with thechild's biological or adoptive parents and the ability and willingness ofthe child's biological or adoptive parents to actively perform theirfunctions as parents with regard to the needs of the child; and

(e) For any child under ten years old, treatment services may beavailable as defined in section 210.110. Assessments, as defined insection 210.110, may occur to determine which treatment services best meetthe child's psychological and social needs. When the assessment indicatesthat a child's needs can be best resolved by intensive twenty-four-hourtreatment services, the division will locate, contract, and place the childwith the appropriate organizations. This placement will be viewed as theleast restrictive for the child based on the assessment;

(4) The delivery system shall have sufficient flexibility to takeinto account children and families on a case-by-case basis;

(5) The delivery system shall provide a mechanism for the assessmentof strategies to work with children and families immediately upon entryinto the system to maximize permanency and successful outcome in theshortest time possible and shall include concurrent planning. Outcomemeasures for private and public agencies shall be equal for each program;and

(6) Payment to the children's services providers and agencies shallbe made based on the reasonable costs of services, includingresponsibilities necessary to execute the contract. Contracts shallprovide incentives in addition to the costs of services provided inrecognition of accomplishment of the case goals and the corresponding costsavings to the state. The division shall promulgate rules to implement theprovisions of this subdivision.

5. Contracts entered into under this section shall require that acase management plan consistent with all relevant federal guidelines shallbe developed for each child at the earliest time after the initialinvestigation, but in no event longer than fourteen days after the initialinvestigation or referral to the contractor by the division. Such casemanagement plan shall be presented to the court and be the foundation ofservice delivery to the child and family. The case management plan shall,at a minimum, include:

(1) An outcome target based on the child and family situationachieving permanency or independent living, where appropriate;

(2) Services authorized and necessary to facilitate the outcometarget;

(3) Time frames in which services will be delivered; and

(4) Necessary evaluations and reporting.

In addition to any visits and assessments required under case management,services to be provided by a public or private children's services providerunder the specific case management plan may include family-centeredservices, foster and adoptive parent recruitment and retention, residentialcare, in-home services, foster care services, adoption services, relativecare case services, planned permanent living services, and familyreunification services. In all cases, an appropriate level of servicesshall be provided to the child and family after permanency is achieved toassure a continued successful outcome.

6. On or before July 15, 2006, and each July fifteenth thereafterthat the project is in operation, the division shall submit a report to thegeneral assembly which shall include:

(1) Details about the specifics of the contracts, including thenumber of children and families served, the cost to the state forcontracting such services, the current status of the children and familiesserved, an assessment of the quality of services provided and outcomesachieved, and an overall evaluation of the project; and

(2) Any recommendations regarding the continuation or possiblestatewide implementation of such project; and

(3) Any information or recommendations directly related to theprovision of direct services for children and their families that any ofthe contracting children's services providers and agencies request to haveincluded in the report.

7. The division shall accept as prima facie evidence of completion ofthe requirements for licensure under sections 210.481 to 210.511 proof thatan agency is accredited by any of the following nationally recognizedbodies: the Council on Accreditation of Services, Children and Families,Inc.; the Joint Commission on Accreditation of Hospitals; or the Commissionon Accreditation of Rehabilitation Facilities. The division shall notrequire any further evidence of qualification for licensure if such proofof voluntary accreditation is submitted.

8. By February 1, 2005, the children's division shall promulgate andhave in effect rules to implement the provisions of this section and,pursuant to this section, shall define implementation plans and dates. Anyrule or portion of a rule, as that term is defined in section 536.010,RSMo, that is created under the authority delegated in this section shallbecome effective only if it complies with and is subject to all of theprovisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo.This section and chapter 536, RSMo, are nonseverable and if any of thepowers vested with the general assembly pursuant to chapter 536, RSMo, toreview, to delay the effective date, or to disapprove and annul a rule aresubsequently held unconstitutional, then the grant of rulemaking authorityand any rule proposed or adopted after August 28, 2004, shall be invalidand void.