VIRGIN ISLANDS RULES OF FAMILY DIVISION PROCEDURE Rule 61. Disposition Report and Case Plan

• Jurisdiction: United States

Rule 61. Disposition Report and Case Plan

(a) Preparation and Content. The Department of Human Services must prepare a disposition report. If the issues in the disposition report can be addressed in the case plan outlined in subsection (b) below, the Department may substitute for the items to the extent that they are addressed in the case plan. The disposition report must include but need not be limited to the following:

(1) A listing of the harms to be alleviated, together with a statement of the changes that are needed to correct those problems, a detailed plan to correct the problems, and the timetables for accomplishing the corrections;
(2) Specific services and service providers, as well as a description of services that would assist the family in remedying the identified problems, together with a listing of the availability of suggested services and of alternative services that were considered and rejected;
(3) A listing and description of actions that should be taken by the parent, guardian or custodian to correct the identified problems;
(4) If the child has been in shelter care or third-party custody during the proceedings or the Department's recommendation includes placement of the child away from home, an affidavit regarding reasonable efforts to prevent removal or to reunify the family. Unless a finding has been made earlier that efforts to prevent removal or to reunify the family are not required, this affidavit shall:

(A) Provide a listing and description of the efforts, if any, made by the Department to prevent the need for placement;
(B) Provide a listing and description of the efforts since placement to reunify the family, including services that have been offered or provided;
(C) When the Department's recommendation includes placement of the child away from home, provide an explanation why the child cannot be protected from the identified problems in the home even with the provision of services; and
(D) State whether the Department recommends that no reasonable efforts to reunify the family be made because the conditions have been met or because, despite the lack of a conviction, a reasonable person would conclude the effort would be futile.

(5) If out-of-home placement is recommended:

(A) An explanation why the child cannot be protected from the identified problems in the home even with the provision of services;
(B) Identification of relatives or friends who have been contacted about providing a placement for the child;
(C) A description of the recommended placement or type of placement, including its distance from the child's home and whether or not it is the least restrictive (most family like) placement available;
(D) The location of any siblings and, if siblings are separated, a statement of the reasons for the separation and the steps required to unite them as quickly as possible and to maintain regular contact during the separation, unless inappropriate;
(E) The terms of visitation, including visitation with siblings and other relatives, including the basis for any recommendation that visitation should be supervised, suspended or prohibited;
(F) A statement of the child's special needs and how they will be met while in placement;
(G) The ability of the parents

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