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(a) Family preservation services may be provided to children and their families only when the Department has determined that:\n(1) The child has been placed in foster care or is at actual or imminent risk of foster care placement due to\n(i) Child abuse or neglect;\n(ii) A serious threat of substantial harm to the child's health, safety and welfare; or\n(iii) Serious family conflict; and\n(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.\n(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:\n(1) The services cannot be provided because the program is filled to capacity and there are no current service openings;\n(2) The family refuses the service;\n(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\n(4) The Department or the contracted service provider determines that the safety of a child,

care placement, has developed a case plan that does not include reunification of the child and family; or\n(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.\n(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.