1. CHILD WELL BEING; PERMANENCY; PERMANENCY OPTIONS

2. Group Exercise: “The Things That Mean the Most”
Child Well-Being
Group Exercise: “The Things That Mean the Most”
We have been talking about the primary importance of safety for the child, establishing a permanent home for him, and the attorney’s role in influencing both. Another key role the attorney plays is ensuring the child’s well-being, which encompasses everything from health and education to sibling visits and independent living plans.
EXERCISE: Imagine your child / a child you know has to be moved to the home of a stranger because he can’t be cared for at home. You get a call from a busy caseworker and have just a few minutes to talk with her. What do you want to ask for on behalf of the child? What do you want the caseworker to know about your child?
[Facilitator writes responses on board. Discuss common themes, especially nonlegal requests such as:
Make sure the child has my phone number so we can stay connected
Make sure he takes his medicine before bedtime
Make sure he has his favorite toy
Make sure to get him to school on time
Please explain to him what is going on
Draw attention to the fact that many items on the list are not specific statutory items.
*At some level, these “things that mean the most” are the key to entering the child’s world. We must get to know our child clients so that we can identify their needs, monitor any changes, and advocate as necessary.

3. Monitoring Well-being
REGULAR REPORTS
Health status
Educational Status
Visitation
Behavioral Issues
Progress in therapeutic interventions
Parents’ progress on the case plan goals
Placement
Ensuring the child’s well-being requires taking an approach that goes beyond being prepared for court hearings. In addition to regular contact with the child, the attorney must get regular reports on the child’s general condition and needs.
This list represents the information we should remain current on, either through information provided directly from your client, his caretaker, the caseworker, or other service providers. What do you want to know about each of these items?
Health: Is the child healthy? Wellness checks and dentist appointments current? Existing health issues and treatment? Barriers to treatment? Is child on medications? How are they being managed? Are there any side-effects?
Education: How is child performing academically? Are there behavior problems at school? How are interactions with teachers and peers? Is there a need for special education and is that need being met?
Visitation: Are visits occurring as ordered (w/ parents? w/ sibs? w/ other family?)? How are visits going? Supervised/unsupervised? Frequency and duration?
Behavioral issues: How is child behaving in placement? In school? Other settings? Nature of any behavior problems? How being addressed? Need for evaluation and/or treatment?
Progress in therapeutic interventions: Has child been attending sessions? How is child’s progress? Is this the right mode of treatment? What must child demonstrate before successfully completing treatment?
Parents’ progress: Is/are parent(s) complying? Demonstrated change in behaviors and attitudes? Is parent engaged and committed to making necessary changes?
Placement: How is child adjusting? Is placement stable? Is placement safe and appropriate? Is foster parent aware of and facilitating permanency goal?

4. Fostering Connections
Substantive mandates
Identification and notice to relatives
Maintaining sibling connections
Supports for older youth
Transition planning
Coordinated health care planning and services
Educational stability

5. Identification & Notice to Relatives
Within 30 days after the child is removed from his parents’ custody, the agency must exercise due diligence to identify and provide notice to all adult grandparents and other adult relatives of a child (including any other adult relative suggested by the parents).
The notice must:
Specify that the child was removed from the custody of the parent(s);
Explain the options the relative has to participate in the care/placement of the child and options that may be lost by failing to respond to the notice;
Describe the requirements to become foster parents;
Outline available services and supports;
Describe the state’s kinship guardianship assistance program, if one exists.
This notice requirement is subject to exceptions due to family or domestic violence.

6. Sibling Co-Placement & Visitation
Agency must make “reasonable efforts” to maintain sibling groups together
Exception: documented reason why joint placement would be contrary to the safety or well-being of any of the siblings
If placement together is not possible, then frequent visitation and other types of ongoing interaction must be provided [or documented reason why such contact would be contrary to the safety or well-being of any of the siblings]

7. Improving Outcomes for Older Youth
Transition plan for youth aging-out
Agency, with involvement of other representatives of the child as appropriate, must assist and support the youth in developing a transition plan in the 90 day period immediately prior to the date the child turns 18

8. Improving Outcomes for Older Youth
Personalized at the direction of the child and as detailed as the child may elect
Includes specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and work force supports and employment services
Option to execute a health care power of attorney, health care proxy, or other similar document recognized under State/Tribal law (as amended by Patient Protection and Affordable Care Act)

9. Improving Outcomes for Older Youth
Case plans must include a written or recorded description of the programs and services which will help a child age 16 or older prepare for the transition from foster care to independent living
Permanency hearings, in the case of a child age 16 or older, must determine the services needed to assist the child to make the transition from foster care to independent living

10. Educational Stability
Agency must ensure full-time enrollment
Case plan requirement:
Assurance that the child’s placement takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement;
The state agency must coordinate with appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement (school of origin);
If remaining in the school of origin is not in the child’s best interest, the child welfare agency and the local educational agency must cooperate to ensure the immediate and appropriate enrollment in a new school

11. Health Care Coordination
Plan for ongoing oversight and coordination of health care services, created in cooperation with state Medicaid agency and medical practitioners:
Schedule of initial and follow-up screenings (including dental, mental and sexual health)
Protocol for updating and sharing medical information
Electronic health record
Steps to ensure the continuity of health care services
Medical home
Oversight of prescription medications
Special focus on psychotropic medications
Routine consultation with medical professionals

12. Maintaining Healthy Connections
Group Exercise “Preserving the Child’s Connections”
EXERCISE: What can the attorney do to preserve the child’s connections? [Have group generate list then recap/summarize, making additional points as necessary]
Search for relatives at beginning and ongoing, even if goal is reunification
Request more frequent and longer visits, in more natural settings
Consider whether supervision is necessary; if so, think creatively about visit supervisors
Consider which family members should attend the visits; seek and enforce sibling visitation
Advocate for placement as close to home of origin as possible
Advocate for child to remain in same school if in best interest
Facilitate speedy ICPC for out-of-home placements
Monitor concurrent planning efforts for meaningfulness
Ensure child is engaged in community activities that are important to him

13. Permanency Permanency Options Reunification Adoption
Permanent Guardianship
Permanent Custody to a Relative
Another Planned Permanent Living Arrangement (AAPLA)
Must be justified by a compelling reason why no other preferred permanency option is in the child’s best interest
Throughout your entire representation of the child, establishing permanency in a timely manner should remain at the forefront of your advocacy. As the child’s attorney, you must remember that you are in a powerful position of influence over the outcome of the case. You must know your client and his family situation and speak up. Don’t overly rely on the caseworker or an expert to provide the direction. You are there to be the child’s voice in these proceedings and to zealously advocate for the child’s needs and point of view.
________________
How do you evaluate and select a permanency goal?

14. Chafee Act
Assistance to help current and former foster care youths achieve self-sufficiency:
Help obtain high school diploma
Vocational training
Job placement services
Financial management
Housing support
Financial support and preparation for entering postsecondary education
The program is intended to serve youth who are likely to remain in foster care until age 18, youth who, after attaining 16 years of age, have left foster care for kinship guardianship or adoption, and young adults ages who have "aged out" of the foster care system.

15. Advocating for Older Youth
Ensure IL services are adequate
Develop and implement a individually-tailored discharge plan
Ensure the child understands her rights
Explore all possible connections to family/adults
Be aware of signs that the child needs help

16. Discharge Planning Records-health and education Educational plan
Identity documents
Financial plan
Crisis and assistance numbers
Access to transportation
Housing information
Healthcare
Community services