For definitions of parent and noncustodial parent, see the Placement Process Resource Guide – Preference for Noncustodial Parents, Siblings, Kinship and Others with Significant Relationships.

Noncustodial parents are generally entitled to have their own children placed with them, since they have constitutional protections involving the parent’s relationship with the child. The caseworker must take both of the following actions:

• Contact each noncustodial parent to discuss possible placement.
• Assess the safety and appropriateness of placement by conducting CPS and criminal background checks and making a home visit.

See 5431.3 Standard of Proof in an Adversary Hearing.

Considering a Noncustodial Parent

DFPS must make every effort to:

• Identify and locate a noncustodial parent.
• Determine if the noncustodial parent is willing and suitable to care for the child or youth.

See the Placement Process Resource Guide – Considering a Noncustodial Parent.

Assessing the Noncustodial Parent

The child or youth’s noncustodial parent is generally entitled to placement of the child or youth, except in one of the following situations:

• The court determines otherwise.
• The parent’s rights have been terminated.

However, CPS must still assess the placement to be certain it is safe for the child or youth before making a recommendation to the court.

A home study is not necessary to determine if the child or youth can be placed with the noncustodial parent. Before recommending that the child or youth be placed with the noncustodial parent, at a minimum the caseworker must perform the following tasks to assess the parent’s suitability:

• Conduct an IMPACT search for previous abuse or neglect history.
• Conduct a name-based DPS criminal history check.
• Inquire whether there is an existing custody order that requires visitation to be monitored.
• Interview any other children or youth in the home.
• Review the physical safety of the home.

The caseworker must also consider all of the following:

• The age, wishes, and needs of the child or youth.
• Any special therapeutic, medical, or other needs the child or youth has.
• The nature of the abuse or neglect in the other parent’s home.
• The extent to which the noncustodial parent was or should have been aware of the circumstances in the home the child or youth was removed from.
• The degree of the noncustodial parent’s existing relationship or history with the child or youth.
• The ability of the two parents to cooperate with respect to parenting and reunification.

Placing with the Noncustodial Parent

If the child or youth is placed with the noncustodial parent, the caseworker addresses follow-up service plan issues with the noncustodial parent in the existing Family Plan of Service (FPOS) or in a new FPOS in the open Family Substitute Care (FSU) stage.

See 6242 The Family Plan of Service (FPOS).

Supervising a Noncustodial Parent Placement Outside of the Region or State

For information about supervision when the child is placed with a noncustodial parent who lives outside the region or state, see 4153 Placements Outside the Region or State.