Minnesota and Wisconsin CHIPS processes

Family Assessment: Family assessment has been implemented in all 87 Minnesota Counties Family assessment is an alternative to the Child protection investigation process. Avoids “confrontation and intrusion of child protection investigation”. Family assessment assesses safety and risk of maltreatment

Family Assessment: Assesses and builds on strengths of families Partners with families to find solutions to problems they are facing Not used in cases of concern of imminent danger (i.e. injuries, sexual abuse, serious neglect. Involves community agencies and organizations in providing support, and intervention before situation becomes more serious.

Family Assessment: Allows CPS flexibility to meet the needs of the family when child abuse and neglect is reported Enables parents to receive services with minimal negative labeling Meets individual family needs Elicits community participation to support families and keep children safe.

Family Assessment: Short-term case management If improvement in situation is not made, case goes to traditional investigation.

Minnesota CHIPS process Traditional investigation Traditional investigations are conducted when there are concerns of imminent danger or sexual abuse Investigations conducted in coordination with law enforcement If safety concerns exist, CHIPS petition filed

Minnesota CHIPS If child is taken into custody, Law enforcement takes into “police protective custody” for up to 72 hours Child protection has this time to file a CHIPS petition to keep the child in custody Child is placed in Emergency Protective Care (EPC) CHIPS hearing must be held within 10 days of EPC hearing

Minnesota CHIPS Petition may be filed with child in Emergency placement or with child remaining in home If child is placed outside of home, may be in relative care or foster care

Minnesota CHIPS At initial hearing, parents may admit or deny the allegations in the petition If deny, then the case may to go a trial by judge, most resolve before that time Guardian Ad Litems are appointed in any case involving a child

Minnesota CHIPS GAL is a trained and certified volunteer from the community, appointed by the court to be the child’s representative in the court process GAL evaluates actions taken by all parties and makes recommendations based on the best interest of the child

Minnesota CHIPS When case is opened goes to dispositional order, parents are ordered to complete certain conditions to regain placement of their children 90 day review of case in court if child is in placement, 6 month if child is at home Child may remain in their home or return home If child cannot return home, Termination of Parental Rights Hearing may be filed.

Children’s Justice Initiative Collaboration between the Minnesota Judicial branch and Minnesota DHS. Objective is to form a partnership between courts, SS agencies, attorneys, public defenders, courts, GAL and other stake holders to improve CPS cases. “timely safe, stable, permanent homes for abused and neglected children, first through reunification with the child’s parents that if that is safe or, if not, through another permanent placement option.”

Goals of the Children’s Justice Initiative Operating through the “eyes of a child” Timeliness of cases Safety and stability of the child Permanent, nurturing, family for each child Recognition of cultural, social and economic differences System accountability Due process in court system

Wisconsin CHIPS When a report is received, if screened in assigned for investigation Investigations usually conducted with law enforcement If impending danger threats/safety concerns exist CHIPS petition may be filed If child is taken into custody child placed with relative or in foster care

Wisconsin CHIPS Law Enforcement or Social Worker may take child into custody CPS/delinquency Social workers are state certified to take child into custody If child is taken into custody TPC hearing must be held within 48 hours, (excluding holidays and weekends) CHIPS petition is filed at the TPC hearing

Wisconsin CHIPS After TPC hearing, initial plea hearing must be held within 30 days At this time, parents may admit or deny the petition If admit, dispositional hearing must be scheduled in 30 days If deny, scheduled for fact-finding within 10 days May go to trial by jury if parents do not agree Most situations resolve before trial

Wisconsin CHIPS GAL is assigned any proceeding involving a child. If child is over the age of 12 they are assigned adversary counsel GAL are attorneys, appointed by the court When case is opened goes to dispositional order, parents are ordered to complete certain conditions to regain placement of their children

Wisconsin CHIPS CHIPS may be in-home or out of home Court may order 30-60 day court reviews of cases If child is placed out of the home, 6 month permanency review hearings are required Child may remain in their home, or return home If child cannot return home, Termination of Parental Rights Hearing may be filed.

Wisconsin vs. Minnesota Wisconsin social workers may take into custody Minnesota only law enforcement GAL in Minnesota may be community professional GAL in Wisconsin must be an attorney Time lines for reviews may vary Minnesota has Family Assessment, Wisconsin only traditional investigation Minnesota follows Chapter 260 of the Minnesota Statues Wisconsin follows Chapter 48 of the Wisconsin Statutes

Federal Legislation-Adoption and Safe Families Act All states are mandated to follow the Adoption and Safe Families Act When a child is placed in out of home care (relative or foster care) “the clock starts ticking”. States are mandated to file for Termination of Parental Rights if a child has been in out of home care for 15 out of 22 months unless case meets certain exceptions

Federal legislation ASFA also states that if a parent has not made “substantial progress” in the first 6 months of the case, CPS agency may file for termination of parental rights. ASFA requires 6 month review of permanency plan for child ASFA requires a “concurrent plan” for children when they enter out of home care

Concurrent Planning Dual track for child to plan for permanency If child cannot be reunified with their family of origin, have another plan ready to go when decision is made Foster parents and relative placements are working with families to reunify, also prepared to adopt the child if reunification is not possible

Family Based Services Services offered to families focus on the needs of the family Family Group Decision Making In-home family counseling Intensive parenting education One-on-one parenting education Family interaction- supervised/in foster home, family settings when possible as frequently as possible