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Day 180 Day 365 Day 14 Day 60 Day 1 Day 300 Adversary Hearing Status Hearing Initial Permanency Hearing Permanency Hearing Trial/Final Hearing Child Removed.

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Presentation on theme: "Day 180 Day 365 Day 14 Day 60 Day 1 Day 300 Adversary Hearing Status Hearing Initial Permanency Hearing Permanency Hearing Trial/Final Hearing Child Removed."— Presentation transcript:

1 Day 180 Day 365 Day 14 Day 60 Day 1 Day 300 Adversary Hearing Status Hearing Initial Permanency Hearing Permanency Hearing Trial/Final Hearing Child Removed Texas Dependency Court Case Scenario A Childs Journey Through the Texas Courts Involuntary Termination Of Parental Rights

2 Day 180 Day 365 Day 14 Day 60 Day 1 Day 300 Adversary Hearing Status Hearing Initial Permanency Hearing Permanency Hearing Trial/Final Hearing Child Removed Scenario The purpose of this scenario is to show the sequence of events that occur during a child protection case and the data collected during this process. When children are removed from the possession of parents, there is a statutorily mandated timeline with various hearings that must occur. This is represented by the timeline on left side of this presentation. This scenario begins with the filing of a report of abuse or neglect.

3 Day 180 Day 365 Day 14 Day 60 Day 1 Day 300 Adversary Hearing Status Hearing Initial Permanency Hearing Permanency Hearing Trial/Final Hearing Child Removed Case History Mary and Sam Jones have two sons, Sam, Jr. and John. Mary and Sam neglected Sam, Jr. and their parental rights were terminated. Marys parents adopted Sam, Jr. Mary and Sam divorced and Mary now lives with her boyfriend, Joe Jackson; they have a son, David. David is prescribed antidepressants for a medical condition. Mary and Joe have been reported to DFPS for abusing John and David. DFPS has filed a petition for the removal of both children.

4 Day 180 Day 365 Day 14 Day 60 Day 1 Day 300 Adversary Hearing Status Hearing Initial Permanency Hearing Permanency Hearing Trial/Final Hearing Child Removed Petition This is an example of a petition for a suit affecting the parent- child relationship (SAPCR). When the suit is filed by the prosecuting attorney a case is opened in the court.

5 Day 180 Day 365 Day 14 Day 60 Day 1 Day 300 Adversary Hearing Status Hearing Initial Permanency Hearing Permanency Hearing Trial/Final Hearing Child Removed Collect Data – Person Information Relationships to Mary: Child Parent – Sam Jones, Jr. Child Parent – John Jones Child-Parent – David Jackson Divorced – Sam Jones, Sr. Romantic Interest – Joe Jackson Mary Last Name - Jones First Name – Mary Lynn Alias - Mary Middle Name – Louise Address – 123 Avenue A City – Fort Worth County – Tarrant State – Texas Zip Code Birth Date – 4/13/1978 Sex – Female Telephone No. – Service Date – 12/14/2006 Role - Mother

6 Day 180 Day 365 Day 14 Day 60 Day 1 Day 300 Adversary Hearing Status Hearing Initial Permanency Hearing Permanency Hearing Trial/Final Hearing Child Removed Collect Data – Person Information David Last Name - Jackson First Name – David Middle Name – Lance Address – 123 Avenue A City – Fort Worth County – Tarrant State – Texas Zip Code Birth Date – 6/13/1998 Sex – Male Telephone Number – ICWA – No Interpreter Needed – Yes Medications – Ativan, Prozac Role - Child

7 Day 180 Day 365 Day 14 Day 60 Day 1 Day 300 Adversary Hearing Status Hearing Initial Permanency Hearing Permanency Hearing Trial/Final Hearing Child Removed Conservatorship Case Non-Emergency Removal Hearing Mary and Joe are served with the petition. A Non-Emergency Removal Hearing is held. The judge hears testimony regarding the facts alleged in the DFPS affidavit, and from the other parties and any witnesses. The judge orders removal of the children from the home; they are to be placed in foster care. An Attorney ad litem (AAL) and a Guardian ad litem (GAL) is appointed for the children. The judge orders temporary managing conservatorship (TMC) to DFPS. The timeline starts on the day the children are removed. An Adversary Hearing is set for no later than the 14th day after the children are removed.

8 Day 180 Day 365 Day 14 Day 60 Day 1 Day 300 Adversary Hearing Status Hearing Initial Permanency Hearing Permanency Hearing Trial/Final Hearing Child Removed Collect Data – Case Information Case Cause Number – Style – ITIO Jones/Jackson children County of Jurisdiction – Tarrant Court – 999 th District Court Administrative Judicial Region – Region 8 Filing Date – 12/14/2006 Case Type – Conservatorship Related Case(s) – – TPR Sam Jones Jr. Originating Court – 111 th District Court DFPS Region – Region 3

9 Day 180 Day 365 Day 14 Day 60 Day 1 Day 300 Adversary Hearing Status Hearing Initial Permanency Hearing Permanency Hearing Trial/Final Hearing Child Removed Adversary Hearing The Adversary Hearing is held; considering the DFPS testimony and the affidavit describing the facts, the judge determines there is danger in sending the children home and that it is in their best interest not to return. The parents commit to working with DFPS to have their children returned. Joe tells the court that he doesnt know whether he is Davids father. The judge orders a paternity test for Joe. The judge asks if Mary and Joe can afford an attorney; neither are working and they submit an Affidavit of Indigency. The judge appoints an attorney to represent Mary; however, Joe is not appointed an attorney until the paternity test results are received.

10 Day 180 Day 365 Day 14 Day 60 Day 1 Day 300 Adversary Hearing Status Hearing Initial Permanency Hearing Permanency Hearing Trial/Final Hearing Child Removed Adversary Hearing (cont.) Mary reports she cannot find Johns father, Sam, Sr.; Mary also reports that her parents want to take both boys. Neither child is ICWA eligible and the judge orders continued TMC to DFPS and placement with the grandparents pending a home study. The judge informs the parents that failure to provide a safe home for the children could result in their parental rights being restricted or terminated. The Status Hearing is set for no later than the 60 th day after TMC.

11 Day 180 Day 365 Day 14 Day 60 Day 1 Day 300 Adversary Hearing Status Hearing Initial Permanency Hearing Permanency Hearing Trial/Final Hearing Child Removed Example of Court Records Affidavit of Indigency Paternity Test Order DFPS Sworn Affidavit

12 Day 180 Day 365 Day 14 Day 60 Day 1 Day 300 Adversary Hearing Status Hearing Initial Permanency Hearing Permanency Hearing Trial/Final Hearing Child Removed Update Data - Adversary Hearing John Permanency Plan – Family Reunification Placement – Relative David Permanency Plan – Family Reunification Placement – Relative Order (Child-Parent) – Paternity Testing Order

13 Day 180 Day 365 Day 14 Day 60 Day 1 Day 300 Adversary Hearing Status Hearing Initial Permanency Hearing Permanency Hearing Trial/Final Hearing Child Removed Status Hearing The Status Hearing is held. The paternity test proves Joe is the father of David; the judge appoints Marys attorney to represent Joe. The CASA reports David is doing fine at the grandparents home, but John spends most of his time at the apartment of his brother, Sam, Jr.; both John and David are doing well in school. DFPS submits the medical summary for the children; reports that neither Mary nor Joe have participated in any of the services recommended in the Service Plan. The judge reviews and approves the Service Plan. The judge informs the parents that non-compliance could result in restriction or termination of their parental rights. The Initial Permanency Hearing is set for no later than 180 days after TMC.

14 Day 180 Day 365 Day 14 Day 60 Day 1 Day 300 Adversary Hearing Status Hearing Initial Permanency Hearing Permanency Hearing Trial/Final Hearing Child Removed Summary of Childrens Medical Care Example of the Summary of Childrens Medical Care Document submitted by the Department

15 Day 180 Day 365 Day 14 Day 60 Day 1 Day 300 Adversary Hearing Status Hearing Initial Permanency Hearing Permanency Hearing Trial/Final Hearing Child Removed Initial Permanency Hearing The Initial Permanency Hearing is held; Mary attends but Joe does not; Marys leg is broken and she needs a wheelchair to get in and out of court. The CASA reports David has settled in and is happy to be living with his grandparents. John has a part-time job and wants to move in with Sam, Jr.; Both John and David are doing great in school and are healthy. DFPS confirms they have exercised due diligence in trying to find Johns father and have served him by publication. DFPS reports very little participation in the Service Plan on Marys part and Joe has not complied at all; Joe has been drunk and gone to Marys parents house several times and aggressively demanded to see David. Mary still contends that she will do anything she must to get her children back, but Joe has told her he will leave her if the boys return.

16 Day 180 Day 365 Day 14 Day 60 Day 1 Day 300 Adversary Hearing Status Hearing Initial Permanency Hearing Permanency Hearing Trial/Final Hearing Child Removed Initial Permanency Hearing (cont.) The judge tells Mary that if Joe does not participate in services, he will have to leave the home permanently in order for her to regain custody of the children. Mary files a motion for a protective order to restrain Joe from going to her or to her parents home and to protect her and her children; Joe is flagged as a security risk. The judge notifies Mary that she must not let Joe return and she must comply with the Service Plan or her parental rights could be restricted or terminated. The judge orders DFPS to provide services for transition to independent living for John. Hes 17, doing well in school, has a job, and seems to be able to take care of himself. DFPS will update Johns Permanency Plan. The Permanency Hearing is set for no later than 120 th day after the Initial Permanency Hearing. The Final Hearing is set for the Monday after the first anniversary of the Department being granted TMC.

17 Day 180 Day 365 Day 14 Day 60 Day 1 Day 300 Adversary Hearing Status Hearing Initial Permanency Hearing Permanency Hearing Trial/Final Hearing Child Removed Protective Order Application Example of the application for a protective order submitted by Mary to have Joe removed from her home.

18 Day 180 Day 365 Day 14 Day 60 Day 1 Day 300 Adversary Hearing Status Hearing Initial Permanency Hearing Permanency Hearing Trial/Final Hearing Child Removed Update Data - Initial Permanency Hearing John Permanency Plan – Independent Living Placement – Relative Joe Security Risk – Yes Mary Special Accessibility Needed - Yes

19 Day 180 Day 365 Day 14 Day 60 Day 1 Day 300 Adversary Hearing Status Hearing Initial Permanency Hearing Permanency Hearing Trial/Final Hearing Child Removed Permanency Hearing The Permanency Hearing is held. Mary and her mother attend; they report Marys father is very ill; Emma has had to quit her part- time job to take care of him; regrettably, she can no longer take care of David. The CASA confirms the grandparents are no longer able to care for David; they have exhausted community resources. DFPS reports that Joe left the house for three days but returned; Mary has not exercised her right to have him removed.

20 Day 180 Day 365 Day 14 Day 60 Day 1 Day 300 Adversary Hearing Status Hearing Initial Permanency Hearing Permanency Hearing Trial/Final Hearing Child Removed Permanency Hearing (cont.) Since Mary has not complied with the Service Plan, DFPS is moving forward with termination of Mary and Joes parental rights to David so they can place him for adoption. The judge orders David to be placed in foster care with the appropriate license to deal with his autism; since John is already taking care of himself, he will remain with his grandparents; Davids Permanency Plan will be amended. The judge orders mediation to address termination of parental rights in hopes of expediting adoption for David. The Trial/Final Hearing is set for no later than the Monday after the first anniversary of the Department being granted TMC.

21 Day 180 Day 365 Day 14 Day 60 Day 1 Day 300 Adversary Hearing Status Hearing Initial Permanency Hearing Permanency Hearing Trial/Final Hearing Child Removed Update Data - Permanency Hearing David Placement – Foster Care Service Level – Specialized Care Type - Habilitative Case Referred to Mediation Date – 12/05/2007

22 Day 180 Day 365 Day 14 Day 60 Day 1 Day 300 Adversary Hearing Status Hearing Initial Permanency Hearing Permanency Hearing Trial/Final Hearing Child Removed Trial/Final Hearing The Trial/Final Hearing is held and neither parent is present. Mediation was unsuccessful; DFPS was unable to obtain voluntary relinquishment for David. The CASA reports David is struggling with adjusting to his new foster home; he is acting out at school; John has saved enough money and is ready to move in with Sam, Jr.; Both John and David are medically healthy. The judge orders services to meet Davids special needs; he is to remain in the foster home.

23 Day 180 Day 365 Day 14 Day 60 Day 1 Day 300 Adversary Hearing Status Hearing Initial Permanency Hearing Permanency Hearing Trial/Final Hearing Child Removed Trial/Final Hearing (cont.) The judge orders termination of parental rights for David on the following grounds: (1)(D) Surroundings Endangers Physical or Emotional Well-being (1)(E) Conduct Endangers Physical or Emotional Well- being (1)(M) Parental Rights w/Another Child Terminated The final order is rendered; John will be living independently with Sam, Jr. under Permanent Managing Conservatorship with DFPS without termination of parental rights; David is placed in Permanent Managing Conservatorship with DFPS with termination of the parent-child relationship with a Permanency Plan of Adoption. The Six Month Placement Review Hearing for David is set for no later than180 days from the Trial/Final Hearing; John will Age-Out before the next hearing.

24 Day 180 Day 365 Day 14 Day 60 Day 1 Day 300 Adversary Hearing Status Hearing Initial Permanency Hearing Permanency Hearing Trial/Final Hearing Child Removed Update Data – Trial/Final Hearting Case Mediation Results – Unsuccessful John Order (Final) – PMC to DFPS w/o Termination Discharge Reason – Age Out David Order (Final) – Adoption Order (Child-Parent) – Termination of Parental Rights Order Permanency Plan(s) (A,B,C) – Unrelated Adoption

25 Day 180 Day 365 Day 14 Day 60 Day 1 Day 300 Adversary Hearing Status Hearing Initial Permanency Hearing Permanency Hearing Trial/Final Hearing Child Removed Placement Review Hearing The Placement Review Hearing is held. DFPS reports Davey has adjusted to his foster home; his foster parents want to adopt him; they have filed an adoption petition. The next Placement Review Hearing is scheduled for no later than180 days after the this Placement Review Hearing.

26 Day 180 Day 365 Day 14 Day 60 Day 1 Day 300 Adversary Hearing Status Hearing Initial Permanency Hearing Permanency Hearing Trial/Final Hearing Child Removed The End


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