Inappropriate Diagnosis Protocols (Sec. 50743)

Attorney Rolesƒ Will agency counsel work with caseworkers and otheragency staff to ensure procedures are followed?

Who will be responsible for ensuring diagnoses for chil-dren and youth in care align with the state protocol?

Where can states seek assistance from other health orsocial services providers to develop protocols

In cases where prevention services have not been provided:ƒ At a preliminary protective or shelter care hearing, canjudges ask if prevention services could be provided in-stead of removal?ƒ Will the court require the agency to report why pre-vention services were not pursued in cases that in-volve mental health, substance use, and parent skillchallenges?ƒ How will courts evaluate the lack of prevention servicesin relationship to findings that the agency provided rea-sonable efforts to prevent removal as required by federallaw?

there are two significant ways in whichprevention services can impact judicial decision making: (1)in cases where prevention services were provided but wereunsuccessful and the agency later files a petition to placethe child in foster care; and (2) in cases where the agencyfiles a petition to place the child in foster care without firstattempting to provide prevention services.