Duties of agencies which provide child welfare services; limitation on the number of children assigned to certain caseworkers; exceptions

1. An agency which provides child welfare services shall: (a) Provide, to the extent that support is not otherwise required by court order or pursuant to specific statute, maintenance and special services to: (1) Unmarried mothers and children awaiting adoptive placement. (2) Children who are placed in the custody of the agency which provides child welfare services, and who are placed in foster homes, homes of relatives other than parents or other facilities or institutions. Except as otherwise provided by specific statute, if any child is to be placed in the custody of the agency which provides child welfare services, pursuant to any order of a court or request made by a person or agency other than the agency which provides child welfare services, this order or request may be issued or made only after an opportunity for a hearing has been given to the agency which provides child welfare services after 3 days’ notice, or upon request of the agency which provides child welfare services. (b) Except as otherwise provided by court order or specific statute, return a child to his or her natural home or the home of a competent relative for a probationary period any time after the expiration of 60 days after the placement of the child in the custody of the agency which provides child welfare services, with notification to but without formal application to a court, but the agency which provides child welfare services retains the right to custody of the child during the probationary period, until a court of competent jurisdiction determines proper custody of the child. 2. Except as otherwise provided in this section, an agency which provides child welfare services shall not assign more than 30 children who are in the custody of the agency which provides child welfare services to a caseworker who provides permanency services. 3. An agency which provides child welfare services may assign more than 30 children who are in the custody of the agency which provides child welfare services to a caseworker who provides permanency services: (a) To allow siblings who are in the custody of the same agency to be assigned to the same caseworker; or (b) In accordance with a policy adopted by the agency that authorizes the assignment of more than 30 children who are in the custody of the agency to a caseworker for not longer than 30 days in emergency circumstances. 4. The provisions of subsection 2 must not be construed to apply to the assignment to a caseworker of a child who is not in the custody of the agency which provides child welfare services, including, without limitation, a child who is the subject of an investigation by an agency which provides child welfare services to determine whether the child is or may be in need of protection. 5. As used in this section, “permanency services” means efforts made to ensure the safety and well-being of a child who is in the custody of the agency which provides child welfare services. The term includes, without limitation: (a) Assessing and responding to the medical, mental health, developmental and educational needs of the child; (b) Conducting an assessment of family functioning and the safety of the child within the family; and (c) Establishing and working toward achieving a permanent placement for the child.