2 Family Assessment:Family assessment has been implemented in all 87 Minnesota CountiesFamily 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
3 Family Assessment: Assesses and builds on strengths of families Partners with families to find solutions to problems they are facingNot 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.
4 Family Assessment:Allows CPS flexibility to meet the needs of the family when child abuse and neglect is reportedEnables parents to receive services with minimal negative labelingMeets individual family needsElicits community participation to support families and keep children safe.
5 Family Assessment: Short-term case management If improvement in situation is not made, case goes to traditional investigation.
6 Minnesota CHIPS process Traditional investigationTraditional investigations are conducted when there are concerns of imminent danger or sexual abuseInvestigations conducted in coordination with law enforcementIf safety concerns exist, CHIPS petition filed
7 Minnesota CHIPSIf child is taken into custody, Law enforcement takes into “police protective custody” for up to 72 hoursChild protection has this time to file a CHIPS petition to keep the child in custodyChild is placed in Emergency Protective Care (EPC)CHIPS hearing must be held within 10 days of EPC hearing
8 Minnesota CHIPSPetition may be filed with child in Emergency placement or with child remaining in homeIf child is placed outside of home, may be in relative care or foster care
9 Minnesota CHIPSAt initial hearing, parents may admit or deny the allegations in the petitionIf deny, then the case may to go a trial by judge, most resolve before that timeGuardian Ad Litems are appointed in any case involving a child
10 Minnesota CHIPSGAL is a trained and certified volunteer from the community, appointed by the court to be the child’s representative in the court processGAL evaluates actions taken by all parties and makes recommendations based on the best interest of the child
11 Minnesota CHIPSWhen case is opened goes to dispositional order, parents are ordered to complete certain conditions to regain placement of their children90 day review of case in court if child is in placement, 6 month if child is at homeChild may remain in their home or return homeIf child cannot return home, Termination of Parental Rights Hearing may be filed.
12 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.”
13 Goals of the Children’s Justice Initiative Operating through the “eyes of a child”Timeliness of casesSafety and stability of the childPermanent, nurturing, family for each childRecognition of cultural, social and economic differencesSystem accountabilityDue process in court system
14 Wisconsin CHIPSWhen a report is received, if screened in assigned for investigationInvestigations usually conducted with law enforcementIf impending danger threats/safety concerns exist CHIPS petition may be filedIf child is taken into custody child placed with relative or in foster care
15 Wisconsin CHIPSLaw Enforcement or Social Worker may take child into custodyCPS/delinquency Social workers are state certified to take child into custodyIf 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
16 Wisconsin CHIPSAfter TPC hearing, initial plea hearing must be held within 30 daysAt this time, parents may admit or deny the petitionIf admit, dispositional hearing must be scheduled in 30 daysIf deny, scheduled for fact-finding within 10 daysMay go to trial by jury if parents do not agreeMost situations resolve before trial
17 Wisconsin CHIPSGAL is assigned any proceeding involving a child. If child is over the age of 12 they are assigned adversary counselGAL are attorneys, appointed by the courtWhen case is opened goes to dispositional order, parents are ordered to complete certain conditions to regain placement of their children
18 Wisconsin CHIPS CHIPS may be in-home or out of home Court may order day court reviews of casesIf child is placed out of the home, 6 month permanency review hearings are requiredChild may remain in their home, or return homeIf child cannot return home, Termination of Parental Rights Hearing may be filed.
19 Wisconsin vs. Minnesota Wisconsin social workers may take into custodyMinnesota only law enforcementGAL in Minnesota may be community professionalGAL in Wisconsin must be an attorneyTime lines for reviews may varyMinnesota has Family Assessment, Wisconsin only traditional investigationMinnesota follows Chapter 260 of the Minnesota StatuesWisconsin follows Chapter 48 of the Wisconsin Statutes
20 Federal Legislation-Adoption and Safe Families Act All states are mandated to follow the Adoption and Safe Families ActWhen 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
21 Federal legislationASFA 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 childASFA requires a “concurrent plan” for children when they enter out of home care
22 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 madeFoster parents and relative placements are working with families to reunify, also prepared to adopt the child if reunification is not possible
23 Family Based ServicesServices offered to families focus on the needs of the familyFamily Group Decision MakingIn-home family counselingIntensive parenting educationOne-on-one parenting educationFamily interaction- supervised/in foster home, family settings when possible as frequently as possible