(a) Family preservation services may be provided to children and their families only when the Department has determined that:
(1) The child has been placed in foster care or is at actual or imminent risk of foster care placement due to
(i) Child abuse or neglect;
(ii) A serious threat of substantial harm to the child's health, safety and welfare; or
(iii) Serious family conflict; and
(2) There are no other available services that will prevent foster care placement of a child or make it possible to immediately return the child to the home.
(b) The Department shall refer eligible families to family preservation services on a 24 hour intake basis. The Department need not refer otherwise eligible families, and family preservation services need not be provided if:
(1) The services cannot be provided because the program is filled to capacity and there are no current service openings;
(2) The family refuses the service;
(3) The Department or the agency that is supervising the foster care placement, has developed a case plan that does not include reunification of the child and family; or
(4) The Department or the contracted service provider determines that the safety of a child, a family member, or persons providing the service would be unduly threatened.
(c) Nothing in this Act shall prevent non-family members from receiving family preservation services when the Department or the service provider deems it necessary or appropriate to do so in order to assist the family or child.