Engaging Fathers in Child Welfare Cases Bringing Back the Dads Handouts: 2007 CLP article 2008 CCW article Father Friendly Check Up Curriculum 1-pager and completed handouts Article Series 1 pager Engaging Fathers in Child Welfare Cases

Overview Who we are Why father involvement in child welfare cases is important Barriers to father engagement Resources from the QIC NRF Key strategies to engage fathers Describe who an NCF/NRF is: Living outside the home Was not the perpetrator of abuse/neglect that brought the child into the system Depending on audience: Dependency/A/N System: Civil cases Children who have been abused, abandoned, neglected

Quality Improvement Center on Non-Resident Fathers and Child Welfare A project operated by: American Humane ABA Center on Children and the Law National Fatherhood Initiative A Project of the Children’s Bureau Administration on Children, Youth and Families Administration on Children and Families US Department of Health and Human Services 2006-2011

QIC-NRF Research Focus “How is overall child well-being impacted as a result of increased father and paternal relative involvement in the public child welfare system?”

QIC NRF-Funded Research Sites Texas Department of Family and Protective Services in Tarrant County Collaborating Fathers Program: Fatherhood Coalition of Tarrant County Indiana Department of Child Services in Indianapolis Collaborating Fathers Program: Indiana Fathers and Families Center Division of Children and Family Services in King County, Washington Collaborating Fathers Programs: Divine Alternatives for Dads and Fathers In Need El Paso County Department of Human Services in Colorado Springs, CO Collaborating Fathers Program: Center on Fathering

Facts About Father Involvement Studies have found that: 63% of black children, 35% of Hispanic children and 28% of white children do not live with their biological father. In 1997, 65% of poor children did not live with their biological fathers, compared to 25% of children who were not poor. 20% of all non-resident fathers are believed to earn less than $6,000 a year. [From: Father Facts, National Fatherhood Initiative (2007)]

Consequences of Father Absence Youth from father-absent homes are more likely to experience: Poverty Emotional and behavioral problems Substance abuse issues Incarceration Problems at school (e.g., repeating a grade, dropping out, poor performance) [From: Father Facts, National Fatherhood Initiative (2007)]

Benefits of Father Presence A review of nearly 100 studies on parent-child relationships found that the child’s relationship with his/her father was equal or more important than the relationship with his/her mother for: Happiness, well-being and social and academic success Predicting a child’s emotional instability, lack of self-esteem depression, social withdrawal and level of aggression (based on parental withdrawal) Delinquency, conduct problems, substance abuse and overall mental health and well-being [From: Father Facts, National Fatherhood Initiative (2007)]

Benefits of Father Presence 2008 Report: More about the Dads: Exploring Associations between Nonresident Father Involvement and Child Welfare Case Outcomes Involvement by nonresident fathers associated with more reunifications and less adoptions. Higher levels of nonresident father involvement associated with substantially lower likelihood of later maltreatment allegations Highly involved nonresident fathers’ children exited foster care more quickly [Based on case file data for children discussed in What about the Dads study] Talk about What About the Dads—88,55,30,28 More about the dads: Involvement means---father-child involvement is whether the worker reported that the father had been visiting the child, and whether he provided financial or nonfinancial support to the child.

Barriers to Father Engagement 2006 Report: What about the Dads? Data based on telephone interviews with 1,222 caseworkers in four states

Barriers to Father Engagement QIC NRF conducted “key informant interviews” asking groups to identify barriers. Their responses: Courts Lack of training Individual biases/concepts of father engagement No ongoing oversight of agency location efforts No questioning of family regarding NRF whereabouts Failure to ensure NRF and paternal kin are notified of FGDM/FTM No agency reporting on how visitation or other contact goes between NRF and child Ask folks if they are aware of other legal/court barriers. Any instances where some agencies simply refuse to handle dad cases?

Barriers to Father Engagement Child Welfare Agencies Lack of training Unfriendly ‘father’ environment Lack of interagency collaboration to locate NRFs (e.g. child support agency connections) Lack of policy/procedure to help identify, locate, contact NRFs Worker reluctance to contact NRF Feeling that it makes case management more difficult Mother as ‘gatekeeper’ At NRF’s request Protecting informal support arrangement DV issues Does not know his identity

Child and Family Service Reviews The CFSRs assess each child welfare agency on: whether they made concerted efforts to involve parents in the case planning process on an ongoing process whether the caseworker had frequent and high quality meetings with the parents whether the caseworker demonstrated concerted efforts to provide visits of sufficient quantity and quality to promote continuity in the child’s relationship with the parents and siblings The CFSR results from almost every state have been disappointing in all of these measures

CFSR Final Reports: State Examples “A primary concern identified was an inconsistency with regard to agency efforts to contact fathers, even in cases in which fathers had been caretakers and/or maintained connections with the children.” (Pennsylvania) “A primary concern identified was the lack of consistency among workers in providing fathers with adequate attention with respect to their service needs.” (Oklahoma) “There was a lack of attention to fathers in particular in case planning.” (Georgia) “A particular concern identified in some cases was the lack of effort to incorporate fathers into any aspect of the case process.” (Washington)

Resources from the QIC NRF Research 4 Child Welfare Agency Sites Assignment Criteria Initial Male Caseworker contact Peer-Led Support group

Resources from the QIC NRF Research Father Friendly Check Up for Child Welfare Agencies and Social Marketing Tools Curriculum for Social Workers Curriculum for Parents’ Attorneys & Article Series Speaking engagements, presentations at state and national conferences Available at: www.fatherhoodqic.org

The Father Friendly Check-Up for Child Welfare Agencies Diagnostic tool Helps assess the degree to which your organization’s operations encourage father involvement in the activities and programs you offer. Identifies areas for improvement in the father friendliness of your child welfare agency or organization.

Father Friendly Assessment Categories Leadership & organizational philosophy Program management policies and procedures Parent-involvement program Program physical environment Staff training and professional development Collaboration and organizational networking Community outreach

Curriculum for Social Workers Developed by American Humane Currently being pilot tested by AH and NFI Topics Covered: Focus and goals of the QIC NRF FFCU areas of assessment Importance and value of father involvement Importance of culture in understanding male socialization, perceptions and behavior Challenges to engaging NRFs Strategies to involve non-resident fathers in child welfare cases

Curriculum for Fathers’ Attorneys Developed by ABA, based on article series Pilot testing in DC, CA, MD To be released by September 30th Four Modules: Constitutional rights and responsibilities of NRFs Strategies for effective advocacy inside the courtroom Strategies for effective advocacy outside the courtroom Special ethical considerations involved with representing NRFs

Article Series/Book on Representing Non-Resident Fathers Nonresident Fathers’ Constitutional Rights Representing Nonresident Fathers In the Courtroom Understanding Male Help-Seeking Behavior Involving Nonresident Fathers: Tips for Judges Representing Incarcerated Fathers Child Support Issues for NRFs Ethical Considerations in Representing NRFs Out of Court Advocacy for NRFs Special Issues: Substance Abuse, DV, Immigration

How to Better Engage NRFs: Lessons from Tarrant County, TX www.newdayservices.org www.tarrantfatherhood.org Taking strategies from the classroom into the community.

How to Better Engage NRFs: Lessons from Tarrant County, TX REACH OUT—Beyond case management to child welfare “You were persistent. I finally answered on about the 5th call.” - Mihn “I about cried when I got the letter in the mail.” - Edward BE RELEVANT—“How is this going to help my child?” “I’m using this information at visits with my child.” - Jerry BE RELATIONAL—Knowing and being known is transformational. “It’s a good culmination of classes and I loved seeing everyone’s faces each week.” -Donnie “I’ve shared things with the men in this room that the friends I’ve had for thirty years don’t know, and I’m a better man for it.” -Homer

How to Better Engage NRFs: Lessons from Tarrant County, TX BE REALISTIC– How he has been does not have to define Who he wants to be and CAN be. “My experience in this class is like a demolished building being rebuilt from the foundation up. I gained a lot of knowledge from everyone. You have a good method of dealing with us fathers. Lot’s of us didn’t know what a father is and the class helps us see what we’ve never dreamt or been told.” - Patrick BE RESPECTFUL—He is somebody’s daddy. “Thank you for treating us like men.” - Anthony “I wish the caseworker would treat me like a man- not just a client.” - Alex

How to Better Engage NRFs: Lessons from Tarrant County, TX BE OPTIMISTIC–There is more to a man than meets the eye. “Ya’ll came in and broke it down to build us up with actions, attitudes, game plan, framework—I was afraid to open up and ya’ll touched on the issues I wouldn’t talk about. I have more to teach my daughter now. Thank you.” -Isaiah BUILD on STRENTGHS—We know we are inadequate, but we often aren’t aware that our presence is our greatest strength for our children. “I was the fastest kids in my high school, but the first time my father couldn’t be at my track meet I quit. I wonder what my absence in my child’s life is keeping him from accomplishing.” -Terrence

How to Better Engage NRFs: Lessons from Tarrant County, TX High value placed on family connections for children should determine policy and practice in investigations, court proceedings, service planning, case management, and permanency planning. Shapes new attitudes toward the children we serve AND the parents directly responsible for them Allows us to do casework within the context of relationship building Determines the nature of services we offer parents Reshapes client and community perceptions of child welfare service Reframes how we perceive the strengths in struggling families

How to Better Engage NRFs: Lessons from Tarrant County, TX Eric & Ariel Communicating VALUE in Engagement

How to Better Engage NRFs: Court Perspective #1: Know NRFs’ Basic Legal Rights #2 Identify/Locate NRFs Early #3 Address & Understand NRFs’ Right to Visit #4 Engage NRF in Case Planning #5 Be Aware of NRFs’ Other Legal Issues

#1: Know NRFs’ basic legal rights Why #1: Know NRFs’ basic legal rights Why? Failure to understand these rights may lead to a court’s reversal of agency decisions and actions that may ultimately delay permanency and harm children Constitutional Rights* Notice of proceedings Visitation Request Custody Hearing before TPR Clear & Convincing Standard *in order for the non-resident father to be entitled to notice, he must: (1) have established a relationship with his child, or (2) have seized the opportunity to establish such a relationship. How to perfect these rights depends on state law and practice: Putative father registry Name on birth certificate File an affidavit of paternity or begin paternity proceedings Married to mother at time of conception or birth (Michael H. v. Gerald D). Note—parents don’t have a constitutional right to counsel, even though they get it in most jxs. Note: Michael H SCT case

#1: Know NRFs’ basic legal rights Even assuming the NRF has ‘perfected’ his legal right to his child, he still might not be afforded the full compliment of constitutional protections custodial parents receive. Different State Approaches Court can assume jurisdiction based on conduct of one parent; can compel NRF to comply with services (e.g. Michigan, Ohio) Court can assume jurisdiction based on conduct of one parent, but must award physical custody to NRF absent a finding of unfitness; can compel NRF to comply with services (e.g. California, Florida) Court cannot assume jurisdiction if there is one fit parent, regardless of the conduct of the other; before dismissal, can award custody to NRF and enter findings against custodial parent. (e.g. Maryland, Pennsylvania) Provide these tips to respond to a court unwillingness to place child w/ dad: Move to dismiss for lack of jurisdiction Challenge the imposition of services Request immediate placement (ICPC) File a separate custody case

#2 Identify/Locate NRFs Early Why? Failure to properly notify the NRF may violate his constitutional rights. This may: Delay court proceedings Result in a reversal of judicial findings regarding the father at hearings to which he was not properly notified Deprive the child of important paternal resources (including paternal relatives) before a permanency decision is made Delay permanency Note, In re Baby Girl Clausen, 502 N.W.2d 649 (Mich. 1993) (commonly referred to as the Baby Jessica case) and In re Petition to Adopt Baby Boy Janikova, 638 N.E.2d 181 (Ill. 1994) (commonly referred to as the Baby Richard case). In both, fraudulent disclosures by biological mothers regarding fathers’ identities caused years of litigation, significant delays in finding permanency for the children, and led to the removal of the children from their established adoptive homes by placing them with their biological fathers with whom they had no prior relationship.

#2 Identify/Locate NRFs Early How? In addition to procedures outlined by your child welfare agency’s policy or practice, contemplate: Asking father’s counsel to examine the mother and family under oath to get identifying information about the NRF Request that the mother and her counsel file an affidavit concerning paternity Request that the judge inquire at each hearing about the NRFs whereabouts until he is found See if the NRF has other legal cases that will help you locate him (e.g. domestic relations, child support, criminal) This slide discusses the way the agency SWer can help use the COURT process to identify NRFs Note, In re Baby Girl Clausen, 502 N.W.2d 649 (Mich. 1993) (commonly referred to as the Baby Jessica case) and In re Petition to Adopt Baby Boy Janikova, 638 N.E.2d 181 (Ill. 1994) (commonly referred to as the Baby Richard case). In both, fraudulent disclosures by biological mothers regarding fathers’ identities caused years of litigation, significant delays in finding permanency for the children, and led to the removal of the children from their established adoptive homes by placing them with their biological fathers with whom they had no prior relationship.

#3 Address & Understand NRFs’ Rights to Visit Why? To ensure the child maintains or establishes important family connections or is not harmed by improper contact with the NRF. Biological parents have a legal right to visit their children. This right may be limited if it may or will harm the child or is not in their best interest (depending on state law). If the NRF is not the perpetrator and there are no safety concerns, the NRF has the right to request liberal unsupervised visitation with his child. (although this is not always allowed by courts wary of previously uninvolved NRFs) Some states say the court can’t overrule the agency’s visitation decision unless it violates the law (e.g. MA). Others use a best interest standard (e.g. CA). Others use a higher, detrimental to the child standard (e.g. DC). FL standard for visitation:

#4 Engage NRFs in Case Planning Why? To provide him with appropriate supportive services to maintain or establish a relationship with his child To avoid ‘no reasonable efforts’ findings To expedite permanency either with NRF or another placement option How? Solicit NRF’s and his counsel’s input on elements of a successful case plan Identify supportive services that are gender-responsive Avoid service overload Coordinate services that are accessible and can be completed within a reasonable timeframe R.E. Note: Parent’s counsel may Argue no reasonable efforts findings if NRF or paternal relatives were available but not explored as placement options or NRF was not given services needed to become a resource for the child Accessible Services Note: If dad can’t get there because of transportation problems or because they are scheduled only during working hours, this may delay his ability to reunify with the child and act as an obstacle to finding permanency in another home. If he could not reasonably comply with the services identified, he has a strong defense against TPR. If NCF is not interested in assuming custody of the child, request information about his family Help him understand the importance of court ordered services and help him keep track of appointments Ask the client what he thinks he needs to be more involved in his child’s life Ensure incarcerated NCF is given opportunity to participate and receive appropriate services

#5 Be Aware of NRFs’ Other Legal Issues Why? To better assess his service needs and capacity to engage in the child welfare process. Child Support Criminal Domestic Relations Immigration How? Search publicly available court and criminal records Contact child support agency (depending on confidentiality rules) Ask NRF or his counsel in the course of case planning

Father Engagement: What CIP Programs Can Do Offer training on father’s rights and advocacy for/engagement of fathers Develop forms and resource lists Gender-specific services in your jurisdiction Affidavit for mother to provide info about father Advocate for court rules and policies Questioning of parties regarding whereabouts of NRFs Continued efforts to identify, locate and contact father (beyond just detention hearing and TPR) Accommodations for out-of-state or incarcerated fathers to be able to participate in hearings in person or by phone Early appointment of attorneys for fathers

Contact Ron Clark rclark@fatherhood.org Karen Bird fatherhoodctc@gmail.com Tommy Jordan tommy@newdayservices.org Lisa Pilnik pilnikl@staff.abanet.org QIC NRF www.fatherhoodqic.org