(1) Intensive family preservation services may be provided to children and their families only when the department has determined that:
(a) The child has been placed out-of-home or is at imminent risk of an out-of-home placement due to:
(i) Child abuse or neglect;
(ii) A serious threat of substantial harm to the child's health, safety, or welfare; or
(iii) Family conflict; and
(b) There are no other reasonably available services including family preservation services that will prevent out-of-home placement of the child or make it possible to immediately return the child home.
(2) The department shall refer eligible families to intensive family preservation services on a twenty-four hour intake basis. The department need not refer otherwise eligible families, and intensive family preservation services need not be provided, if:
(a) The services are not available in the community in which the family resides;
(b) The services cannot be provided because the program is filled to capacity and there are no current service openings;
(c) The family refuses the services;
(d) 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
(e) The department or the service provider determines that the safety of a child, a family member, or persons providing the service would be unduly threatened.
(3) Nothing in this chapter shall prevent provision of intensive family preservation services to nonfamily members when the department or the service provider deems it necessary or appropriate to do so in order to assist the family or child.
[ 1995 c 311 § 6; 1992 c 214 § 5.]