CJI Reducing Trauma in Children by Ensuring Involvement of Fathers Nancy K. Jones, Hennepin County Attorney’s Office Kevin McTigue, Hennepin County Human Services & Public Health Dept.

DILIGENT EFFORTS  Identify & locate both parents  Ask custodial parent for info  Contact Child Support Agency  Search FAR

REASONABLE EFFORTS  Identify  Locate  Offer Services  Both parents

REASONABLE EFFORTS  Assess father’s willingness & capability to provide care  May include Netstudy  Consider only if +genetic test  Require paternity establishment  Obtain authority from mother or court for “placement”

REASONABLE EFFORTS  Prepare OHPP for each parent if child cannot be placed with either  Report to court diligent efforts to ID & locate parent if identity and/or whereabouts unknown

Assessment/Background Study  Must be “reasonable cause” before Netstudy  Info that creates “articulable suspicion”  Must believe placement with father would endanger child before denial  15 days notice to father & opportunity to be heard  Consider Minn. Stat

Adjudicated Father/Rule  Determined by court or Recognition of Parentage to be biological father

Recognition of Parentage  Requires notarized signatures of both parents attesting to child’s paternity  Same as court order adjudicating paternity if filed w/ MN Dept of Health  Except when only creates presumption  Does not give father right to visitation or custody

KINSHIP SEARCH  Includes maternal & paternal relatives even if paternity not adjudicated  Important friend with whom child resided or had significant contact  Members of extended family as defined by law or custom of tribe

Presumed Father  Married to child’s mother when child born  Child born w/n 280 days of divorce  Marries mother after child born & on b.c.  Declaration of Parentage pre  Lived with & held child out as his  ROP but mother married  More than one ROP  ROP & other presumed father  ROP & minor parent

GENETIC TESTING  Treat as if presumed father if positive test  Right to notice  Right to assessment  Right to day to day care  Duty to cooperate with establishment paternity

Alleged Father  Claimed by party or participant to be father  Child born prior to  Filed affidavit of intent to retain parental rights w/n 90 days of child’s birth  Child born on & after  Registered with Fathers’ Adoption Registry w/n 30 days of child’s birth

Fathers’ Adoption Registry  Mn Department of Health  Register w/n 30 days child’s birth or  Lose right to notice of adoption  Lose right to notice of Juvenile Protection TPR or permanency proceeding  Certificate of search required for adoption  Or certified copy of TPR that certificate of search filed w/court in Juvenile Protection proceeding

Legal Parent per 260C Legal parent/child relationship that confers rights, privileges, duties & obligations  Presumed father based on marriage & no action to declare nonexistence  Presumed father because lived with & held out as father & court adjudication or ROP  Competing presumptions & court adjudication or ROP  No presumption but court adjudication or ROP  Positive genetic test & court adjudication or ROP

Fathers: I.C.W.A.  Biological parent  Unmarried father not “parent” unless paternity is “acknowledged or established”  Tribal customs/laws control on how to “acknowledge or establish” paternity

Juvenile Protection Petition  Names/Addresses parents  Birth, legally adjudicated or adoptive  Name/address legal custodian  Person who by court order or statute has sole or joint legal or physical custody  ICWA status  Parties  Participants

Legal Custodian  Joint legal/physical custody if married & not divorced  Equal rights to parenting time/visitation  Unless court order establishing otherwise  Mother sole legal/physical custodian if not married to father until c.o. otherwise  Father thru ROP or adjudication only has custody/parenting time per c.o.

COURT: PARTIES  CHIPS  Sole or joint legal or physical custodian  Permanency/TPR  Parents  Adjudicated father  Presumed father  Filed with Fathers’ Registry  Entitled to notice of adoption proceeding

COURT: PARTICIPANTS  CHIPS  Noncustodial  Presumed  Adjudicated  Alleged  PERMANENCY/TPR  Alleged Father per Rule  A/F no right to notice per statute

Court Proceedings  Right to be heard if have legally recognized parent-child relationship  Disposition  Parental visitation  Out-of-home placement plan  Right to appointment of counsel  Does not confer party status

Court Responsibilities  Inquire at 1 st hearing if identity & whereabouts both parents known  Make inquiry of those present  Inquire at subsequent hearings  Have known parent sworn to provide info on identify or whereabouts of other  Make findings on whether  Agency made diligent efforts  Both parents located  Both parents served

Court Responsiblities Identity and/or whereabouts unknown  Find insufficient diligent efforts:  Order agency to take further steps  Order specific efforts to be made  Find sufficient diligent efforts:  Make “reasonable efforts” finding  Decide whether further efforts for reunification would be futile  Relieve agency of requirement to identify and/or locate upon finding of good cause

Court Dispositions  Protective supervision in home of noncustodial parent/father  Does not confer legal custody  Must have +genetic test  Must cooperate with paternity establishment  May be conditions or case plan  Must have permanency hearing

Court Dispositions  Establish father-child relationship under CH 257  Establish permanent custody with noncustodial parent/father  Agency may petition for paternity establishment & custody in same permanency proceeding

Paternity Proceedings  Father’s rights  Court-appointed counsel  Genetic tests  Jury trial  Order requirements  Name of legal father  Name to be added to birth certificate  Custody & parenting time  Name of child  Social security numbers  Important Notice requirements

Dismissal on Father w/o TPR  Presumption by marriage may be renounced by joinder to ROP  ROP may be vacated  Presumption of paternity may be rebutted in action to declare nonexistence of the father-child relationship  Or court adjudication of another as father  Or marriage dissolution judgment

Nancy K. Jones Hennepin County Attorney’s Office Kevin McTigue Hennepin County Human Services & Public Health Department