Presentation on theme: "Court Improvement Program Training"— Presentation transcript:
1 Court Improvement Program Training Child Welfare LawCourt Improvement Program TrainingA Multi-disciplinary Curriculum for Improvement of the Child Welfare System
2 Introduction Orientation with facilities Overview of the Day Trainee IntroductionsThe Case Problem: Marianne’s Case
3 ObjectivesUnderstand the basic legal framework of the Child Welfare SystemLearn basic laws that govern child welfare proceedingsIdentify professionals who can provide information about the law in a particular caseIdentify legally-imposed timelines for court proceedingsUnderstand the basic language used in dependency hearingsDescribe the legal role of each professional within dependency hearingsUnderstand what happens generally during court proceedings and courtroom culture
4 A General Overview of the Child Welfare system The Legal FrameworkA General Overview of the Child Welfare system
5 Legal Framework The Development of Child Welfare Law Background: Children and societyParents’ rights under the ConstitutionChildren’s rights under the ConstitutionGovernment interventionBasic federal lawBasic state law
6 Background: Children and Society Family Law and the WealthyInheritanceFamily Law and the PoorImplications for societyThe Rise of Parens PatriaeChild welfare as a legal issue
7 Sources of Law & Principles Three Main Sources of LawThe U.S. ConstitutionState law / Regulations / Chief Justice DirectivesFederal law / RegulationsPrinciplesReunificationParens PatriaeChild’s Best Interest
8 Parents‘ Rights Child’s education Care, custody, and control Meyer v. Nebraska; Pierce v. Society of SistersCare, custody, and controlTroxel v. GranvilleParental fitness hearing before deprivation of custodyStanley v. IllinoisUnwed father’s and mother’s have equal rightsCaban v. MohammedReligious educationWisconsin v. Yoder
9 Children’s Constitutional Rights Due process in delinquency adjudicatory hearingsIn re GaultBill of Rights and 14th AmendmentTinker v. Des MoinesFreedom from unnecessary confinementParham v. J.R.Notably, no constitutional right to counsel in dependency and neglect proceedings (unless ICWA applies)
10 Government Intervention When is it allowed?Answers:When there is a founded report and investigation of child maltreatment (abuse and neglect).Define: “Abuse and Neglect”Acts that threaten the health or welfare of a childSome jurisdictions allow emergency protective custody if a child is in imminent danger of injury or there is probable cause abuse has occurred.Absence of parentsDelinquencyJuvenile status offense (running away or truancy)DisabilityDependency Issues (custody proceedings during a divorce, for example)
11 Government Intervention Fundamental rights jurisprudenceTermination of parental rightsPrince v. MassachusettsRequires a hearing on “parental fitness”Stanley v. IllinoisBurden of Proof: “Clear and convincing” evidence.Santosky v. Kramer
12 Government Intervention: Duties Once the State takes custody of a child, it has a duty to avoid placement in an abusive environment.Youngberg v. RomeroHowever, if the child is not in the State’s custody, there is no duty to act to protect the child.Deshaney v. Winnebago County DepartmentGeneral duty to make “reasonable efforts” to preserve families actionable by HHS, not private individuals.Suter v. Artist M.
13 Federal Law Funding Incentives for States Foster Care Reimbursement Adoption Assistance ReimbursementPromoting Safe and Stable Families ProgramChild Welfare Services ProgramChafee Foster Care Independence ProgramChild Abuse Prevention and Treatment Act Programs
14 Federal Law Substantive Federal Child Welfare Laws The Child Abuse Prevention and Treatment Act (CAPTA)Adoption Assistance and Child Welfare Act (AACWA)Titles IV-B and IV-E of the Social Security ActAdoption and Safe Families Act (ASFA)The Indian Child Welfare Act (ICWA)The Multi-Ethnic Placement Act (MEPA)The Foster Care Independence Act (Chafee)Temporary Assistance for Needy Families (TANF)Fostering Connections to Success and Increasing Adoptions Act
15 State Law Basic overview of state child welfare law and process: Mandatory reporting of abuse and neglectCustody hearingAdjudicationDispositionPlacementPermanency hearingTermination of Parental Rights / Final OrdersReview hearing
16 Reflection and Application Brief ReviewHistory of Child Welfare LawSources of rights and responsibilitiesParents’ constitutional rightsChildren’s constitutional rightsGovernment interventionFederal lawsState lawsApplication: Marianne’s Case
17 state law and initiating a child welfare Case How A Case Beginsstate law and initiating a child welfare Case
18 Who Reports? Answer: Anyone, but especially some professionals. Reports should be based on suspicion of abuse or neglect.Mandatory Reporters:Some professionals are required to make reports if they have reasonable cause to know or suspect that a child has been abused or neglected. They must also report if they observe the child subjected to conditions that would reasonably result in abuse or neglect. EX: Physician, social worker, clergyHow a Case BeginsWho Reports?Who Investigates?Outcomes of the report?What’s it like in the DHS?
19 Reports What? Define: Abuse and Neglect How to Begin a Case Acts that threaten the health or welfare of a child. For example:Non-accidental skin bruising, bleeding, malnutrition, failure to thrive, burns, etc.,Any case in which a child is subject to unlawful sexual behavior;The child’s caretaker failing to provide adequate food, clothing, education, shelter, medical care, or supervision;The child being subject to emotional abuse that substantially impairs or places at risk the child’s intellectual or psychological functioning or development;When the caretaker has abandoned the childWhen the child’s environment is injurious.How to Begin a CaseWho Reports?Who Investigates?Outcomes of the report?What’s it like in the DHS?
20 Reporting ProceduresReports of child abuse or neglect are to be immediately made to county DHS or local law enforcement, promptly followed by a written report.This report is admissible in D&N proceedings. It is subject to confidentiality requirements. DHS gives copies of all reports to the district attorney and to local law enforcement.How a Case BeginsWho Reports?Who Investigates?Outcomes of the report?What’s it like in the DHS?
21 Who Investigates?DHS must begin investigating after receiving the report. Protecting the child and, if appropriate, preserving the family are the immediate concerns.After the investigation is completed, the findings are assessed.How a Case BeginsWho Reports?Who Investigates?Outcomes of the report?What’s it like in the DHS?
22 Post-InvestigationDHS determines if the report is confirmed or unfounded. It is confirmed if supported by a preponderance of the evidence. Confirmed reports are forwarded to the state Department of Human Services within sixty days.DHS may be liable for not investigating allegations of abuse when recommending placement with an abusive family member.How a Case BeginsWho Reports?Who Investigates?Outcomes of the report?What’s it like in the DHS?
23 Post Investigation DHS may file a D&N petition. How to Begin a Case Must be done in 10 days of court taking temporary custody.Petition must include facts and evidence of reasonable effortsDHS may seek a court order to take the child into protective custody.Preliminary Protective HearingWithin 72 hours of taking custodyDHS may:Recommend removalSend child home with supervision & servicesSend child home without servicesHow to Begin a CaseWho Reports?Who Investigates?Outcomes of the report?What’s it like in the DHS?
24 Post-InvestigationDHS must provide “reasonable efforts” to prevent or eliminate the need for out-of-home placement of a child.DHS must develop, with the family, an individual case plan for all abused and neglected children and families of such children in each case opened for service.If reasonable efforts fail or are impracticable, then DHS may seek a court order to obtain custody of the child.How to Begin a CaseWho Reports?Who Investigates?Outcomes of the report?What’s it like in the DHS?
25 Temporary CustodyDHS may seek a court order for custody of a child at any time of the day or night. If custody is granted by the court, the parent or guardian is entitled to a hearing within 72 hours, excluding weekends and holidays.Emergency exception may apply.At the preliminary protective hearing, the court will determine the initial, temporary placement of the child.How to Begin a CaseWho Reports?Who Investigates?Outcomes of the report?What’s it like in the DHS?
26 The Regulatory Environment of the DHS While dependency proceedings are governed by state, federal and constitutional provisions, DHS also has its own extensive regulatory framework.Taken as a whole, this system provides comprehensive safeguards necessary to help ensure the child’s best interest.How a Case BeginsWho Reports?Who Investigates?Outcomes of the report?What’s it like in the DHS?
27 Rules and Regulations Governing the Colorado DHS Statutes of Colorado’s Children’s Code, Title 19CDHS Regulations as listed in Volume VIIPolicy-based Agency LettersHow to Begin a CaseWho Reports?Who Investigates?Outcomes of the report?What’s it like in the DHS?
28 Reflection: Marianne’s Case Do you suspect abuse or neglect?Who, if anyone, should report?To whom should they report?What should be done next?What if the investigation yields no abuse or neglect?What if the abuse or neglect is confirmed?
29 Flow Chart and Networking Ice-BreakerFlow Chart and Networking
30 Overview: Case Process A Group Discussion of the Legally Imposed timelines and language commonly used in dependency proceedings
32 Dependency Vocabulary Review LegaleseTranslation1. Acts that threaten the health or welfare of a child.1. Abuse and Neglect2. Professionals required to reports if they have reasonable cause to suspect a child has been abused or neglected.2. Mandatory Reporter3. Confirmed Report3. An abuse report substantiated by a preponderance of the evidence.4. Reasonable Efforts4. The State’s attempt to preserve and reunite families
33 Roles and Responsibilities Identifying the major parties in the proceedings and their function in the child welfare system
34 Brainstorming Session Who is involved? Who is needed? What must be done?As a group, brainstorm and identify the major players in child welfare proceedings and their responsibilities.Hint: Think in terms of three categories:Fact witnessesLegal representativesLegal decision makers
35 Fact Witnesses: Caseworkers A Caseworker’s duties include:Responding to reports of abuse or neglectPerforming investigationsEvaluating circumstances of families and childrenFiling petitionsDetermining initial placementBalancing between child’s needs and “reasonable efforts” to assist parents.Fact Witnesses: Caseworkers
36 Fact Witnesses: Court Appointed Special Advocates A CASAs duties include:Speaking up for abused, neglected or abandoned childrenAccountability to the child, family, and courtPerform independent investigationsPersonal commitment to the child’s well-being*Many CASAs are volunteers with varied backgroundsFact Witnesses: Court Appointed Special Advocates
37 Fact Witnesses: Foster Parents, Therapists, Educators & Experts Foster Parents’ duties include:Providing care for children placed in their homeParticipation in court proceedingsTherapists:Preserve confidentiality, where requiredShare appropriate informationEducators:Report suspected abuseDisclose information and provide required protectionsExperts:Can offer expert opinion to courtFact Witnesses: Foster Parents, Therapists, Educators & Experts
38 Legal Professionals Guardian ad litem GALs duties include:Represent the child’s best interests;Conduct and independent investigationNavigating between the child’s wishes and what is best for the childAdvocating on behalf of the childCollaborating with lawyers, judges and caseworkers to promote the child’s welfareLegal Professionals Guardian ad litem
39 Legal Professionals Respondent Parent’s Counsel Respondent Parent’s Counsel’s duties include:Representing the child’s parents in courtAdvocating for the parent’s rightsEducate client regarding stages of proceedingsBalance confidentiality with legal reposnibilitiesLegal Professionals Respondent Parent’s Counsel
40 Legal Professionals County Attorney County Attorney’s duties include:Represent the People of the State of Colorado and DHS in all court proceedingsExercise candid professional judgment and give legal adviceCounsel the agency regarding legal and policy objectivesLegal Professionals County Attorney
41 Legal Decision Makers Magistrates and Judges Magistrate and judge’s duties include:Preside over court proceedingsEvaluate compliance with case planDetermine whether “reasonable efforts” have been made to preserve the familyRule on the caseLegal Decision Makers Magistrates and Judges
42 Application: Marianne’s Case Reflecting on Roles and ResponsibilitiesWho represents Marianne?Who represents DHS?Who represents Leon, Brianne, and Sandra?What potential conflicts or tensions arise out of this model?What are some possible solutions to those conflicts?Application: Marianne’s Case
43 State law, federal law and the courtroom culture Legal Decision MakingState law, federal law and the courtroom culture
44 Overview: Legal Decision Making Integral relationships between witnesses, lawyers, and judgesRules of EvidenceCourt proceedingsCourtroom culture and etiquette
45 Relationships Evidence Proceedings Culture Conflicts and SolutionsAdversarial systemSources of conflictOpposing rolesCollaborative rolesAdvocacyDiffering valuesSolutions and StrategiesConflict resolution systemCommitment to a common causeCommunication and respecting obligationsRelationships Evidence Proceedings Culture
46 Relationships Evidence Proceedings Culture Rules of EvidenceFoundationThe basis for believing a piece of evidence is relevant and admissible.RelevanceThe information sought must make a fact at issue more or less likely.HearsayDefined: “A statement other than one made by the declarant while testifying at trial or hearing, offered in evidence to prove the truth of the matter asserted.”Generally inadmissible, unless within a specific exemption.Relationships Evidence Proceedings Culture
47 Standards of Proof Preliminary Protective Hearing Liberal standardsHearsay is admissible“Any evidence of probative value”Adjudication“Preponderance of the evidence”Colorado Rules of EvidenceHearsay inadmissibleRelationships Evidence Proceedings Culture
48 Relationships Evidence Proceedings Culture General Court ProceedingsPreliminary Protective HearingDetermine initial placementEvaluate continued jurisdictionPretrial Discovery and MotionsInterrogatoriesProduction of documentsDepositionsRequest for admissionsAdjudicationTrial: Proving allegations by a “preponderance of the evidence”Disposition (aka Treatment Plan Hearing)Custody, contact. servicesRelationships Evidence Proceedings Culture
49 Relationships Evidence Proceedings Culture Etiquette Courtroom Culture and EtiquetteAttireBusiness attireModest and generally conservativeMannersLanguage“Your Honor,” not “Judge” or “you”Legal representatives as “sir” and “ma’am”Body LanguageConfidenceRespectHumilityTreating others Appropriately – Parties, Witnesses & Court StaffRelationships Evidence Proceedings Culture Etiquette
50 Considering Cultural Context Explore culture and subculture of each family to determine specific needs of the family and create an effective service planRecognize individual assumptions from personal life experiences and the impact on interpretation of factsCreate a balance between cultural context and compliance with the law at every stage of the proceedings
51 Reflection: Children in the courtroom Courts must consult with youth in an age appropriate manner concerning the proposed permanency plan.How is this facilitated in your court?What have you seen as benefits of youth participation? Challenges?
52 The Court Process: Part 1 Report to Adjudication
54 1 DHS Receives Report - Investigation A mandatory reporter or community member has made a report of abuse or neglect to a state agency.The DHS must begin investigating to determine whether abuse or neglect has occurred and assess the risks to the child.Must notify alleged perpetrator and give him an opportunity to respondCourt ProcessDHS Receives Report – InvestigationFiling a PetitionPreliminary Protective HearingAdjudication HearingDisposition – Services PlanPermanency HearingProgress ReviewCase Closed1
55 InvestigationEvaluate whether the child has been maltreated or is at a substantial risk of maltreatment.Safety Assessment Considerations:Whether the child will be safe in the home without further involvement by child protective services.Whether the case could be moved to community partners.Whether home-based services are necessary to protect the child.Whether the child needs to be placed in out-of-home care.Court ProcessDHS Receives Report – InvestigationFiling a PetitionPreliminary Protective HearingAdjudication HearingDisposition – Services PlanPermanency HearingProgress ReviewCase Closed1
56 1 Investigative Decision-Making “Unfounded” Court Process The state must expunge records accessible to the general public (background checks, etc.)Child welfare agencies may keep information to aid in future risk and safety assessment.Court ProcessDHS Receives Report – InvestigationFiling a PetitionPreliminary Protective HearingAdjudication HearingDisposition – Services PlanPermanency HearingProgress ReviewCase Closed1
57 1 Investigative Decision-Making “Confirmed” – preponderance of the evidenceDHS must provide the family services and inform law enforcement.In situations of immediate danger, law enforcement or, with a court order, DHS may take the child into emergency protective custodyParents will be given a hearing within 24 hours of the removal.DHS may file a D&N PetitionDHS may seek a court order to take the child into protective custody.Parents will be given a hearing within 72 hours of removal.Court ProcessDHS Receives Report – InvestigationFiling a PetitionPreliminary Protective HearingAdjudication HearingDisposition – Services PlanPermanency HearingProgress ReviewCase Closed1
58 2 Summons Filing a Petition DHS will then file a D&N Petition within 10 days of taking the child into custody. It is usually filed at the Preliminary Protective / Temporary Custody Hearing.The Petition will discuss the facts that make the child “abused or neglected”SummonsCourt issues a summons with the date, time and place of the hearingCourt ProcessDHS Receives Report – InvestigationFiling a PetitionPreliminary Protective HearingAdjudication HearingDisposition – Services PlanPermanency HearingProgress ReviewCase Closed2
59 Preliminary Protective Hearing – Court may consider any information having probative value Within 24 hours of an emergency removal or 72 hours of temporary protective custody, the hearing will determine further custody of the childThe best interest of the child standard prevails.GAL appointed to represent the childMust advise parents of their rightsCounsel is appointed for the parents if indigentCourt ProcessDHS Receives Report – InvestigationFiling a PetitionPreliminary Protective HearingAdjudication HearingDisposition – Services PlanPermanency HearingProgress ReviewCase Closed3
60 3 Preliminary Protective Hearing The Court will decide: Physical custody of the childLegal custody of the childTo continue the removal of the child, the Court must hold that:Continuation of the child in the home would be contrary to the child’s interestsThere has been compliance with reasonable efforts regarding the child’s removal.Petition is either admitted or denied by each respondentCourt ProcessDHS Receives Report – InvestigationFiling a PetitionPreliminary Protective HearingAdjudication HearingDisposition – Services PlanPermanency HearingProgress ReviewCase Closed3
61 4 Adjudication Hearing – Must be held within 90 days of the petition service. If the child is under age 6, the time limit is 60 days.Determining the child’s status:Whether the child has the benefit of parental guidance, concern, protection or support.Whether the child has been abused or neglected.Does the evidence support the petition allegations by a preponderance of the evidence?Any party can request a jury trialCourt ProcessDHS Receives Report – InvestigationFiling a PetitionPreliminary Protective HearingAdjudication HearingDisposition – Services PlanPermanency HearingProgress ReviewCase Closed4
62 4 Adjudication Hearing A “neglected or dependent” child is one who is: AbandonedMistreated or abusedLacking parental careSubject to an injurious home environmentNeglectedHomelessBeyond parental controlHabitual abuseCourt ProcessDHS Receives Report – InvestigationFiling a PetitionPreliminary Protective HearingAdjudication HearingDisposition – Services PlanPermanency HearingProgress ReviewCase Closed4
63 4 Adjudication Hearing If the allegations are not proven: The Court must dismiss the petitionReturn the child homeRelease the respondent from any temporary orders or restrictionsIf the allegations are proven:The Court may sustain the petitionFind the child is dependent or neglectedHold a Dispositional HearingCourt ProcessDHS Receives Report – InvestigationFiling a PetitionPreliminary Protective HearingAdjudication HearingDisposition – Services PlanPermanency HearingProgress ReviewCase Closed4
64 Disposition to Closing The Court Process Part 2Disposition to Closing
65 5 Disposition, Services Plan Must be held within 45 days of the adjudication or for a child under 6 within 30 days of adjudicationWhat disposition—treatment plan—would be in the child’s best interests?The Court may:Allow the parent to retain custodyTransfer custody to a relative or DHSSet a hearing on termination of parental rights.Decision to transfer custody of child from parents or to continue out of home placement must be based on preponderance of the evidenceIf not termination, the Court must approve a services plan.Court ProcessDHS Receives Report – InvestigationFiling a PetitionPreliminary Protective HearingAdjudication HearingDisposition – Services PlanPermanency HearingProgress ReviewCase Closed5
66 5 An Appropriate Services Plan An appropriate services plan is reasonably calculated to render the respondent fit to adequately parent the child within a reasonable time based on the child’s needs. It must involve the child and each named respondent, including any special respondents.Court ProcessDHS Receives Report – InvestigationFiling a PetitionPreliminary Protective HearingAdjudication HearingDisposition – Services PlanPermanency HearingProgress ReviewCase Closed5
67 5 Services Court Process The Colorado DHS, Division of Child Welfare, lists services as:Child Protection and SupportSafety Needs and Risk AssessmentsFamily Services Plans24-Hour MonitoringPermanency ProgramsCore Services- therapies for family membersAdoptionFoster Parent Recruitment and RetentionAdolescent ProgramsOut-of-Home ServicesKinship and Foster Care HomesDevelopmental Disabilities and Child HabilitationTherapeutic Residential CarePsychiatric Residential careCourt ProcessDHS Receives Report – InvestigationFiling a PetitionPreliminary Protective HearingAdjudication HearingDisposition – Services PlanPermanency HearingProgress ReviewCase Closed5
68 ServicesThe services will be provided by DHS Caseworkers who have the responsibility of making and reviewing:Individual and family assessments;Family Service Plans;Records maintenance and documentation including updated information in the Department's automated reporting system; and,Plans for termination of services.Court ProcessDHS Receives Report – InvestigationFiling a PetitionPreliminary Protective HearingAdjudication HearingDisposition – Services PlanPermanency HearingProgress ReviewCase Closed5
69 ServicesConfidentiality of Abuse and Neglect Reports and Service Records:All such reports and records shall be confidential and not accessible to the public, unless the court finds good cause.The following may have access to such records absent a good cause finding:Law EnforcementA PhysicianAn agency caring for, treating, or supervising the childThe child’s parents or guardianThe DHS for various evaluation and record-keeping purposesCourt ProcessDHS Receives Report – InvestigationFiling a PetitionPreliminary Protective HearingAdjudication HearingDisposition – Services PlanPermanency HearingProgress ReviewCase Closed5
70 5 Review Hearings Involuntary Review Hearings Three months after a placement order, the court should assess the need for and appropriateness of the placement, progress under the treatment plan, efforts to reunify the family, and the permanency planning goal. Reviewed every six months.Voluntary Review HearingsThe court must review children who are voluntarily placed for more than ninety days. The court must determine if placement is necessary and in the best interests of the child and community. The court then orders appropriate placement.Court ProcessDHS Receives Report – InvestigationFiling a PetitionPreliminary Protective HearingAdjudication HearingDisposition – Services PlanPermanency HearingProgress ReviewCase Closed5
71 Permanency HearingPurpose: to choose a permanent plan for the child, making a final decision about where the child will grow up. Permanency options include:Child returns home to the parents;Adoption: the court orders DHS to file for termination and free the child for adoption;Guardianship: the court establishes a legal guardianship for the child;Allocation of parental decision-making responsibilities.Other planned permanent living arrangement, such as living with a fit and willing relative.Court ProcessDHS Receives Report – InvestigationFiling a PetitionPreliminary Protective HearingAdjudication HearingDisposition – Services PlanPermanency HearingProgress ReviewCase Closed6
72 6 Termination – clear and convincing evidence Court Process The court may terminate parental rights if the parents abandon the child, are unfit, or fail to progress under the treatment planTermination frees the child for adoption. Termination of the parent-child legal relationship means the court permanently eliminates all parental rights and duties.Court must give primary consideration to the physical, mental and emotional conditions and needs of the child.Court must find that no less drastic alternatives to termination exist.Court ProcessDHS Receives Report – InvestigationFiling a PetitionPreliminary Protective HearingAdjudication HearingDisposition – Services PlanPermanency HearingProgress ReviewCase Closed6
73 Progress ReviewThe court must hold a review hearing within ninety days of a termination order. The goal of this hearing is to make sure DHS takes prompt action to finalize an adoption for the child. If no adoption takes place within a reasonable time, the court should determine if adoption is feasible and appropriate. If not, the court may change the child’s permanency goal to another permanent placement, such as relative guardianship or long-term foster care.Court ProcessDHS Receives Report – InvestigationFiling a PetitionPreliminary Protective HearingAdjudication HearingDisposition – Services PlanPermanency HearingProgress ReviewCase Closed7
74 Case ClosedServices shall be terminated and the case shall be closed when one of the following are met:Specific program eligibility criteria are not met.Client no longer needs the service.Client has died.Services are completed.The child is ready for emancipation or reaches his/her 21st birthday.Court ProcessDHS Receives Report – InvestigationFiling a PetitionPreliminary Protective HearingAdjudication HearingDisposition – Services PlanPermanency HearingProgress ReviewCase Closed8
76 Directions 1. Read the Case Scenario 2. Split into Groups 1. From groups of about 5. Try to join with new faces.Each group will receive a set of questions.As a group, answer the questions, keeping in mind the steps in the court proceedings.Spend 7-10 minutes on each group of questions, discussing the issues as you go.5. Be prepared to present your opinion and assessment.
77 Apply What are the roles and responsibilities of the people involved? What are the unique characteristics of this family? What information could be gathered to identify a sense of the cultural context of the mother and children?How did the case begin?What is the current status of the parties?What are the potential conflicts between the parties involved?
78 Extend What will happen at the Preliminary Protective Hearing? What decisions will be made?What evidence should be presented to the court? Who should offer it?Are there any systemic barriers or problems you foresee?
79 Predict What will happen at the Adjudicatory Hearing? What decisions will be made?Do you believe the children are neglected, abused or dependent?What will the Disposition be? What should it be?What services would best suit this family?
80 ReflectWhat kind of reviews will be done and how often will they occur?What would their permanency plan look like? Or would it be termination?What do you feel would be the best future plan for this family, these children?How might you collaborate with other parties involved in the case?
81 State & federal law, rights, process and the child welfare system RecapState & federal law, rights, process and the child welfare system
82 Overview: Recap Legal Framework How a Case Begins Case Process Roles and ResponsibilitiesLegal Decision MakingCourt ProcessOverarching Values and Policy
83 Legal Framework Constitutional Rights Federal statutes Policy Statute Federal LawState LawConstitutional RightsParentsChildrenGovernmentFederal statutesFunding state CWSSubstantive regulationsPolicyStatuteChild welfare systemsGeneral structurePolicy aims and goalsRegulationsConstitutional parametersFundingCompliance with federal standardsState sources
84 How a Case Begins Reporting Investigation Define abuse and neglectMandatory reportersInvestigationDHS’s roleConfirmed?PetitionsPreliminary Protective HearingDetermining temporary custody
85 The Case Process Report Investigation Petition Protective Hearing AdjudicationDispositionProgress ReviewPermanency HearingCase Closed
91 Roles and Responsibilities Applied An interactive role play of marrianne’s case
92 Role Play Activity Directions Locate Role Play Marker on your chairSit in groups according to your letter/roleJ = JudgesCW = CaseworkerRPC = Respondent Parent’s CounselGAL = Guardian ad litemCA = County AttorneyAs a group, read the contents of the “Goals and Motives” envelope.Do not share the information (yet)!Assign a scribe and liaison
93 Role Play Activity Directions Your Task:Form an effective services plan for Marianne’s CaseMeet both of your goalsSatisfy your groups assigned motiveTo Succeed:Accomplish two of the above three tasks within the allotted time.Rules:Do not share your motivesYou may share or alter (compromise) your goals, but not accomplishing any part of your goals automatically results in failing to complete your task, per se.Note: You may choose to complete task 1 & 3 to succeed, but you must still accomplish at least part of your goals.
94 Role Play Activity Directions You will be given 20 minutes to modify the proposed services plan.Be sure to send your liaison to the other groups and find out their goals and potential motives.Remember! You will need to produce a final services plan a an entire group, so you will need to keep other’s goals in mind when you make your own modifications.Next, you will be asked to contribute your proposed modifications to produce a final services plan.Hint: Try to prioritize your top 3 modifications.Finally, the group will reflect on the process, roles, and responsibilities required to make legal decisions.
95 Modify the Proposed Case Plan (20 min) Write your modifications in the space provided.Remember to send out your liaison.Remember to try to fulfill your goals and make decisions based upon your motives.Need a little inspiration? Refer to the included thought-questions for suggestions.
96 Produce a Final Case Plan (20 min) Custody:Parties Involved:Services Required:Compliance:Records
97 Reflection What information did you need? To whom did you go to acquire it?How did the cultural context of the mother and children shape the case plan?What conflicts arose?What solutions did you employ to address them?How did the differing role affect the final product?Are you happy with the plan?Were the child’s best interests met by the Final Services Plan?
98 Responses to the course materials and objectives ClosingResponses to the course materials and objectives
99 Questions What will you do differently now? How will you use the information you learned today to better promote and protect the safety, permanency and well being of children and families?What will you take from this course that will directly transfer into your job tomorrow?What will you take from this course that you will ponder in the future?