I. PURPOSE

The purpose of this Policy Guide is to issue revisions to Policy Guide 2001.01, Permanency Commitment By Foster Parent/Relative Caregiver which was originally issued on January 2, 2001. The policy and the form CFS 1443 were created to facilitate consideration by foster parents/relative caregivers of their commitment to adoption or guardianship, or their decision not to adopt or become the child’s guardian. The purpose of the revisions is to make clear that the CFS 1443 must also be completed prior to legal screenings whenever subsidized guardianship or expedited adoption (in Cook only) are being considered, not just when termination of parental rights is being considered.

II. PRIMARY USERS

The primary users of this Policy Guide are Department and Purchase of Service Agency child welfare staff.

III. WHEN TO USE THE FORM

Form CFS 1443, Permanency Commitment by Foster Parent/Relative Caregiver, is to be completed:

1. Prior to the DCFS Legal Screening (Downstate)/Pre-Screening (Cook County) when termination of parental rights, subsidized guardianship, or expedited adoption (in Cook County only) is being considered. The completed form must be submitted at the screenings.

2. Prior to the court Permanency Hearing at which a permanency goal of other than return home is first recommended by the Department. The CFS 1443 should not be completed while a parent is making substantial progress toward return home.

   If at the Permanency Hearing, the Department recommends a “return home” goal, but the court sets a goal other than “return home”, the CFS 1443 shall be completed within two weeks of the court’s entry. A copy of the CFS 1443 shall be sent to the child’s Guardian ad litem and attorney.

IV. PROCEDURES FOR COMPLETING THE FORM

To complete the CFS 1443 with foster parent/relative caregivers, the worker shall:

1. Convene a face-to-face family meeting with the caregiver(s). The meeting shall include the caregiver(s), caseworker and the adoption supervisor or specialist. The caregiver(s) should ask other family members or persons who serve as a support network for the family to attend.
2. At the family meeting the Department representatives shall discuss and read through the contents of the permanency commitment form with the foster parent/relative caregiver(s). At a minimum, the following shall be included in the discussion:
   1. An explanation of Department post adoption and guardianship services, including information regarding adoption or subsidized guardianship assistance. The booklet CFS 1050-45, Post Adoption and Guardianship Services 2000, should be reviewed with the caregivers and all questions they may have should be answered. A copy of the booklet shall be left with them.
   2. If the caregivers are hesitant about committing to adoption, but show interest in guardianship, the booklet, CFS 1050-43, Making the Adoption/Guardianship Decision, should be reviewed with the family.
   3. A clear understanding that adoption is final and legally no different than having a birth child.
   4. Contingency plans should the caregiver(s) die or become incapacitated to the extent that they would be unable to care for the child(ren). It is in the discussion of such plans that it might be helpful to have other family members or friends present. Those present should be informed of the transferability of adoption or subsidized guardianship services in the event of the caregiver(s)’ death.
   5. A recommendation that the caregivers attend the next permanency hearing.
   6. Directions regarding who caregivers may call if they have further questions.

3. Ask caregivers to complete and sign the form. Caregivers must complete and sign a separate form for each child, if there is more than one child. The caregivers’ signature must be witnessed by the caseworker. Caregivers who are married shall jointly sign the form.

   Three original forms should be completed and signed for each child. One original remains with the caregiver, one original is for the agency files, and the final original will be presented in court at the next permanency hearing or at the Legal Screening/Pre-Screening, if termination of parental rights, subsidized guardianship, or expedited adoption (in Cook County) is being pursued.

   NOTE: Workers shall inform foster parent/relative caregiver’s that their agreement on the CFS 1443 to adopt or become the child’s guardian does not constitute a final decision and that the final placement selection cannot be made until after a thorough assessment of the child and family has been completed and the court, weighing many factors to determine what is in the best interest of the child, will make the final decision.

4. If the caregiver is not interested in adopting the child or becoming the child’s guardian, ask the caregiver to initial the statements in Section 4 of the CFS 1443 and explain that another caregiver will be sought who is willing to adopt the child or become the child’s guardian. The current caregiver will then be asked to cooperate with the new caregiver in making a successful transition for the child. It must also be made clear to caregivers that if they change their mind, they will be considered on an equal footing with all other families being considered. If it is determined that a new family can better meet the needs of the child and it is in the best interests of the child, the child will be placed with the new family.
5. The process of working through the permanency commitment with caregivers may take several meetings and discussions with them. A time limit of one month should be given after the first meeting, in which time a decision must be made.

V. CASEWORKER’S USE OF THE FORM

1. Permanency Hearing

   The caseworker should be prepared to provide testimony at the permanency hearing regarding the family meeting and the caregiver’s decision as indicated on the permanency commitment form.

2. Legal Screening/ Pre-Screening (Legal screening refers to Downstate, pre-screening to Cook)

   Prior to legal screening/pre-screening:

   1. If the permanency commitment form has already been completed, review the form with the caregiver/s to confirm that their position has not changed.
   2. If the permanency commitment form has not been completed, do so now, following the steps described in Section IV above.
   3. Include a copy of the commitment form with the legal screening packet.

   At the legal screening/pre-screening:

   The caseworker should be prepared to provide details at the screening regarding the family meeting and the caregiver’s decision as indicated on the permanency commitment form.

VI. SUPPLIES OF THE FORM

A copy of the revised form CFS 1443, Permanency Commitment by Foster Parent/Relative Caregiver is attached. Additional supplies of the form and the booklet CFS 1050-43, Making the Adoption/Guardianship Decision, may be ordered from Central Stores in the usual manner. CFS 1443 is also available on the DCFS Web Site at http://www.state.il.us/dcfs/com_communications_forms.shtml.

Additional supplies of the booklet CFS 1050-45, Post Adoption and Guardianship Services 2000 should be ordered as follows:

Private Agency Staff need to order the books through their DCFS Regional Office
and
Chicago DCFS staff need to order from Charles Marsh in Chicago Stores (773/866-5557). Downstate DCFS staff need to order from Jim Grigg in Springfield Stores (217/785-0568)

VII. FILING INSTRUCTIONS

Remove Policy Guide 2001.01 from rule Section 309.80, Termination of Parental Rights and replace it with this revised Policy Guide.