JUDY NORD STAFF ATTORNEY, STATE COURT ADMINISTRATION AND MANAGER, CHILDREN’S JUSTICE INITIATIVE Permanency Timeline for Children in Out-of-Home Placement

The 12-Month Permanency Timeline – It’s Based on the Healthy Development of Children

 Mother’s and father’s name and address  Child’s name and current address in foster care Petition Content

 Personal service on mother AND father (except alleged fathers)  Service by publication, if parent’s name or address unknown  Service in foreign countries Service of Summons and Petition

 Noncustodial parent (e.g., father)  Attorney for parents (one attorney for both parents unless exceptional circumstance) EPC Hearing Critical Attendees Often Missing

 The court may appoint only one attorney to represent both parents for first hearing  Exception: Any party may request appoint of separate counsel  Court determines and makes written findings or findings on the record that extraordinary circumstances exist that appointment of separate counsel Minn. Stat. 260C.163 Counsel for Parents

 County pays for court-appointed counsel for the parent  Court must appoint attorneys retained by the county Minn. Stat. 260C.163 Counsel for Parents

Attorneys appointed to represent parents must meet one of the following qualifications: (1)Experience: Represented at least 10 parties or participants over the last two years (2)Training: Completed at least 18 hours of core skills training approved by State Court Administration (3)Supervision: Supervised by an attorney who meets the experience or training qualifications Minn. Stat. 260C.163 and Judicial Council Policy Counsel for Parents

 Prima Facie Case Established  Endangerment - child or others endangered if child returns home  Reasonable or active efforts to:  prevent removal  reunify child (later stages of case)  finalize permanency plan EPC Hearing Findings

 Best interests – out of home placement is in child’s bests interests  Protective supervision  Trial home visit  Relative in home  Emergency relative placement EPC Hearing Findings

 Assessments for parents can be ordered at first hearing, without adjudication -  Types of assessments  Mental health  Chemical health  Parenting capacity  Medical, dental, etc.  Visitation tersm EPC Frontend Loading

 Commenced within 60 days of EPC or ADH, whichever is earlier  Held over consecutive days  Completed within 30 days  Findings issued within 15 days of last person who testified (court may add 15 days, for total of 30) Trial

 Adjudication may be withheld for up to 90 days  Orders distributed to parties  Recommend distribution to participants (at least parents) Adjudication and Withholding Adjudication

 Dismissed  Termination of Jurisdiction  Reunified Dismissed, Termination of Jurisdiction, Reunified

 OHPP must be prepared for each parent, including incarcerated parent, unless court finds reasonable efforts are not required  OHPP must be filed within 30 days of child’s court-ordered placement (ex parte order or EPC order) Out-of-Home Placement Plan

 Safety risk for this child in this case  Parent’s “task list”  Behavioral change that parent must demonstrate and sustain (“AND”)  Agency’s responsibilities (reasonable or active efforts) Out-of-Home Placement Plan Critical Components

 Child and Family Services Review (CFSR) findings  High foster care re-entry rate  Caused when reunification is not yet safe?? Out-of-Home Placement Plan Critical Components

 Held on or before day 180 (month 6)  For all children regardless of age  Parent making progress on case plan – demonstrating behavioral change?  Parent maintaining regular contact with child? Permanency Progress Review Hearing

 If making progress and maintaining contact – court can continue case for up to 6 months  If not making progress OR not maintaining contact, court may direct county to file a permanency petition within 30 days Permanency Progress Review Hearing

 Child is on Trial Home Visit – court may continue permanency proceeding for time child is in THV (6 months)  Prior CHIPS petition(s) during last 5 years for which child in OHP for 365 days or more – upon showing of compelling reasons, court may extend permanency proceeding up to 6 months Exceptions to Filing of Permanency Petition

Reunification Options Trial Home Visit Return only to custodial parent Permanency clock continues Legal custody retained by county County may remove child without court order Maximum 6 months Protective Supervision Return to custodial or noncustodial parent Permanency clock continues if noncustodial but stops if custodial Legal custody returned to parent County may remove child only with court order Indefinite

Questions and Wrap Up Judy Nord Staff Attorney and Manager, Children’s Justice Initiative