1.1.6 Service Completion
This section contains case management standards related to ending
the provision of services through either transferring or closing
a case by a mandated child and family services agency or licensed
adoption agency.
Legislation
The Child and Family Services Act
The Adoption Act
The Child and Family Services
Act
Child protection proceedings in Part III of The Child and
Family Services Act provide for formal transfer of cases.
Under subsection
28(2), a judge or master may order that another agency be
substituted for the apprehending agency for purposes of the hearing
on application prior to a hearing by an agency that apprehended
a child.
Section
49 of Act states that the minister may transfer guardianship
of a child from the director or an agency to another agency or
to the director. The director may transfer an order of supervision
from the agency having supervision to another agency.
Section
76 of the Act pertains to confidentiality and access to records.
Under subsection
76(3), a child and family services agency may disclose or
communicated information from a record made under the Act to protect
a child. However, under subsection
76(12) with respect to a voluntary service record, an agency
must obtain the consent of the subject of the record created on
or after April 1, 1986.
The Adoption Act
Section
103 of The Adoption Act states that all records relating
to the granting of an order of adoption are confidential. Access
to and disclosure of information may be given or made only in
accordance with the Act.
Policy
Transfer and Closure Processes
Transfer of Guardianship and Supervision
Transfer to Other Provinces or Territories
Transfer and Closure Decisions
Transfer and Closure Processes
Transfer refers to transferring responsibility for service provision
to another worker, agency or jurisdiction. Closure refers to ending
or concluding services.
Transfer may or may not involve closure. A case remains open
when it is transferred to another worker within an agency. As
a general rule, the transferring agency closes a case once another
agency has accepted responsibility for providing services, for
example, at intake.
Closing a case ends the provision of services. It typically
involves consultation with key family members and service providers
to review progress, reinforce strengths, identify resources within
the extended family and the community, and ensure a plan is in
place for the future. This consultation generally makes the change
easier and ensures continuity of service.
Transfer of Guardianship
and Supervision
The Director of Child and Family Services (director) has established
procedures for the transfer of guardianship and supervision of
children in care from one agency to another. Agencies planning
to transfer guardianship or supervision of a child to another
agency must submit all required documentation to their authorities
to verify that it is accurate and complete. Authorities then forward
the package to the director. The director requires the documentation
at least two weeks in prior to the transfer.
Transfer to Other Provinces
or Territories
The movement of children and families between provinces/territories
is governed by The
Provincial/Territorial Protocol on Children and Families Moving
between Provinces and Territories. The interprovincial coordinator
and the adoption services coordinator at the Child Protection
Branch are available to provide information and guidance in the
transfer of services. When children or families move to another
jurisdiction (province or territory), the transferring (agency
typically remains involved until the receiving jurisdiction agrees
to accept full responsibility.
Transfer and Closure
Decisions
A decision to transfer or close a case may result from a variety
of reasons including:
- administration of the Authority Determination
Protocol (ADP)
- a family or child moves to another part of the province or
out of province
- an evaluation indicates that
services are no longer required
- case management is better provided by another worker or agency.
The case management decisions at this stage are:
- Is there a need for ongoing services to the family or child?
- Is transfer required as a result of administering the ADP?
- Is a transfer in the best interest of the children involved
in the case?
- How will the family or child(ren) be involved in the transfer
or closure process?
- Is there a need for follow-up?
Standards
The transfer and closure stage has two parts:
Transfer – transfers responsibility
for service provision to another case manager, agency or jurisdiction.
Transfers to another agency typically involve closure as well.
Closure – ends an agency's involvement
in providing services.
Transfer
- Duties of Supervisor - The case manager's
supervisor:
- authorizes and manages all case transfers
- ensures that the case manager has:
- complied with intake standards
where applicable
- administered the ADP and advised the family or child of their options
- obtained written consents when required under Section
76 of The Child and Family Services Act or Section
103 of The Adoption Act.
- ensures that appropriate action has been taken when a
child is or might be in need of protection
- when applicable, ensures that service plans and decisions
are current
- ensures that the case manager notifies service providers
and, in the case of a child in care, caregivers involved
in the case of:
- the case transfer and transfer date
- the name of the new case manager and how to contact
that person
- when the transfer is to another agency, the name of
the agency and how to contact the agency
- Transfer to Another Agency - When
the transfer is from one agency to another in Manitoba, the
supervisor ensures that
- the receiving agency provides written agreement or confirmation
that it will assume responsibility for the case and the
date it will do so before transferring the case
- forwards the case record to the receiving agency by the
transfer date with appropriate documentation including the
most recent:
- information on persons in the case
- assessment and planning information
- family service documents
- court documents
- monitoring and review (evaluation)
information
- when transferring supervision of a child in care, provides
the receiving agency with a completed transfer summary including
the case plan and an updated service description
- Authority Determination Protocol Transfers - When administration of the ADP determines that a case must
be transferred to an agency of another child and family services
authority, the supervisor ensures that the case is transferred:
- within 10 working days from the time the referral is received
providing the safety of a child or the integrity of a child
protection investigation are not compromised
- or a time frame agreed to between the transferring and
receiving agencies or their respective child and family
services authorities
- Transfer within Agency - When a transfer
is within the agency, the supervisor:
- in assigning cases, gives first consideration when feasible
to case managers who have had a positive relationship with
the family
- meets with the family or child requesting a transfer to
address any issues when the transfer is to address client
dissatisfaction or request for change in a worker or agency
- Transfer of Guardianship or Supervision - Before transfer of guardianship or supervision of a child
(ward) to another agency in Manitoba, the supervisor of the
transferring (sending) agency ensures that the case manager
has completed or attached all required documentation including:
- a copy of the letter from the sending agency to the receiving
agency requesting the transfer
- a copy of the letter from the receiving agency agreeing
to the transfer including the case plan for the child
- the order of guardianship, voluntary surrender of guardianship
or order of supervision, as the case may be
- the provincial Transfer of Guardianship form to be signed
by the executive or regional director
- a memo to the agency's authority to be signed by the
executive or regional director requesting the authority
to verify that all information is accurate and complete
and to forward the package to the Director of Child and
Family Services for approval.
- Transfer to Agency Outside Manitoba - When the transfer is to or from a local authority (agency
or regional office) outside of Manitoba, the supervisor ensures
that
- the agency complies with the provincial/territorial
protocol if applicable or, in the case of Quebec or
another country, with direction received from the Child
Protection Branch.
- the interprovincial coordinator, Child Protection Branch,
is copied on all transfers relating to child protection
services and children in care.
- the adoption services coordinator, Child Protection Branch,
is copied on transfers relating to adoption and post-adoption
services.
Closure
- Decision to Close a Case - The supervisor
makes the decision to close during the review process.
- Client Preparation for Closure - In
preparing for case closure, the case manager contacts family
members to:
- discuss the decision to end the agency's involvement
- describe the closure process
- help the family plan for the future including identifying
how extended family, community members and other service providers
might be involved
- Duties of Case Manager in Closing a Case - The case manager informs all service providers connected with
the case and completes a closing summary and all documents within
30 days of the date when the decision to close was made.
- Review of Closing Summary - The supervisor
reviews the case record (electronic and hard copy) within seven
working days to ensure that the closing summary and all documents
are complete.
|