Dependency Court and Removal of Children Dependency Court

Dependency Court and Removal of Children

Dependency Court and Removal of Children A production of National Foster Parent Association American Bar Association & Legal Advocates for Permanent Parenting

Dependency Court and Removal of Children National Foster Parent Association Legal Resource Manual for Foster Parents Produced by National Foster Parent Association American Bar Association Center on Children and the Law Legal Advocates for Permanent Parenting Child Welfare League of America

Dependency Court and Removal of Children National Foster Parent Association Legal Resource Manual for Foster Parents Chapter 1…. . Permanency, Foster Parents and the Law Chapter 2…. . Dependency Court and Removal of Children Chapter 3…. . Court Participation By Foster Parents Chapter 4…. . Allegations of Maltreatment

Dependency Court and Removal of Children LEARNING OUTCOMES 1. Discuss the purpose of dependency court and how it differs from criminal court 2. List the sequence of court processes, the purpose of each phase and the role of foster parents in each 3. List 5 circumstances under which a child might be removed from the foster home

Dependency Court and Removal of Children LEARNING OUTCOMES 4. Discuss the responsibilities of foster parents when a child is removed 5. Identify the rights and protections that foster parents may have when a child is to be removed from their home for reasons other than maltreatment allegations

Dependency Court and Removal of Children You should know a little about me.

Dependency Court and Removal of Children Abuse and neglect at the hands of birth parents…

Dependency Court and Removal of Children Outcome #1 Purpose of Dependency Court— To deal with children in difficult family situations. It seeks the best possible outcome for children and makes judgments about the best way to keep them safe, while honoring the constitutional rights of the parents. It seeks to fix the problems that brought the family to court

Dependency Court and Removal of Children How Does a Case Begin? ØA call alleging abuse is received ØCaseworker investigates ØCaseworker must determine if child is in imminent danger of harm

Dependency Court and Removal of Children Options Provide services to the family and continue to monitor the situation Remove the child Close the case

Dependency Court and Removal of Children Terms to Know Ø“Hearing” used in dependency court vs “Trial” in criminal court Ø“Hearsay”: Rule of evidence in which you report something that someone else has told you Ø“Subpoena”: Requires appearance in court

Dependency Court and Removal of Children Dependency Court vs. Criminal Court Ø Criminal court seeks to establish guilt or innocence, confer punishment and act as a deterrent Ø Dependency court remediates. Criminal court punishes. If parents are charged, it will be done in criminal court.

Dependency Court and Removal of Children Comparison Between Dependency Court and Criminal Court Ø Criminal court is adversarial. Dependency court is sometimes less adversarial. Ø Attorneys have the same obligations Ø Jury is rarely used in a dependency case

Dependency Court and Removal of Children OUTCOME #2 SEQUENCE AND PURPOSE OF COURT PROCESSES, & THE ROLE OF FOSTER PARENTS I. REMOVAL OR SHELTER HEARING Question: Should Jimmy be removed from the home?

Dependency Court and Removal of Children Options for the Court Return Jimmy home Leave Jimmy in foster care Place Jimmy with a relative

Dependency Court and Removal of Children II. ADJUDICATION HEARING Question: Did Jimmy’s parent abuse him as is alleged?

Dependency Court and Removal of Children What Happens? Ø Parent may admit to the allegations Ø Parent may ask for a full trial Ø Burden of proof is on the agency Foster Parents Role: Typically none, unless Jimmy has said something to them that the court needs to know

Dependency Court and Removal of Children III. DISPOSITIONAL HEARING Questions: *Where is Jimmy going to live? *What services must be put in place for Jimmy and his family? *What will the visitation schedule be? (Note: This hearing may directly follow the adjudication hearing)

Dependency Court and Removal of Children Placement Options Ø Home Ø Relative Placement Ø Foster Care

Dependency Court and Removal of Children IV. SIX- MONTH REVIEW Questions: ØAre the parents doing what they are supposed to do? ØHow is Jimmy doing?

Dependency Court and Removal of Children Six-Month Review Foster Parent Role: Ø Provide input to the agency and the court Ø Adoption and Safe Families Act (ASFA) requires foster parents to be notified of the review and have an opportunity to be heard

Dependency Court and Removal of Children Permanency Hearing What is the purpose of this hearing? When must it occur, according to ASFA? Do foster parents have a right to have input?

Dependency Court and Removal of Children Permanency Hearing Purpose: To determine where Jimmy is going to live permanently When: Within 12 months of Jimmy’s coming into care FP Rights: Foster parents have a right to receive notice and have an opportunity to be heard

Dependency Court and Removal of Children Permanency Options Ø Return to birth family Ø Adoption Ø Guardianship Ø Relative placement Ø Another Planned Permanent Living Arrangement (APPLA)

Dependency Court and Removal of Children Permanency Hearing Foster Parent Role: Ø ASFA requires that foster parents receive notice and have an opportunity to be heard Ø Tips Ø Notify the agency what information you will be providing the court Ø Attempt to work with the agency in a team approach for the best possible outcome Ø Notify the court if you are willing to be a permanent resource family for Jimmy

Dependency Court and Removal of Children Termination of Parental Rights (TPR) General Grounds: (Varies by state) Ø Parents failed to carry out the courtmandated plan for reunification Ø Severe abuse or failure to maintain adequate contact with the child Ø Inability to parent due to severe retardation or mental illness

Dependency Court and Removal of Children Tips for Testimony 1. Be clear about what you know. Don’t dwell on what you don’t know and don’t guess. 2. Stay calm. Crossexamination may seem like an attack. Don’t take it personally.

Dependency Court and Removal of Children 3. Slow the questioner down 4. Do not answer a question you don’t understand

Dependency Court and Removal of Children 5. Do not let anyone put words into your mouth

Dependency Court and Removal of Children 6. Do not answer a yes or no question unless you are absolutely certain 7. Act objective and professional 8. Have an outline with you 9. Know approximate dates or know where to look for them

Dependency Court and Removal of Children 10. Tell the judge if you need to explain something— don’t let them cut you off.

Dependency Court and Removal of Children Outcome #4: Circumstances Prompting Removal Ø Reunification ØPlacement with a relative ØPlacement in a different foster home

Dependency Court and Removal of Children Outcome #5: Foster Parent Responsibilities When a Child is Removed Ø Provide written information…food preferences daily routine, preferred activities, fears, etc. Ø School information Ø Foster parent contact information Ø Photos…send with Jimmy as a connection to that part of his life

Dependency Court and Removal of Children Ø Keep the social worker informed about Jimmy’s reaction to the impending move Ø Be an active team member and follow the transition plan Ø Update Jimmy’s life book and be sure it goes with him Ø Prepare for grief/separation loss issues within your family

Dependency Court and Removal of Children What do I need to know if I disagree with an agency decision to remove a child from my home?

Dependency Court and Removal of Children Protections may be provided to you by state law or regulation 1. Whether you have a right to receive advanced notice ü Whether the notice has to be in writing ü Whether you are entitled to reasons for the removal ü How much time you have to respond ü Whether your response must be in writing

Dependency Court and Removal of Children 2. Your right to an agency grievance process ü How soon you must request it ü Whether a written statement may be submitted ü Whether you may bring an advocate

Dependency Court and Removal of Children 3. Whether you may challenge the agency decision in an administrative review, also called a “fair hearing” üHow soon it must be requested üWhether the request must be in writing üWhat you must bring with you üWhat you may bring with you, including an advocate

Dependency Court and Removal of Children 4. How you can appeal a fair hearing decision and how long you have to do it 5. Whether the agency can remove the child while the dispute is going on 6. If there is an ombudsman program in your state to help in the event of a dispute with an agency

Dependency Court and Removal of Children Access to Dependency Court When a Child is Removed ØDirect Access üExercising right to statutory notice, IF notice was not received and IF the right to notice is granted by state statute vs. agency regulation or policy

Dependency Court and Removal of Children Access to Dependency Court When a Child is Removed ØDirect Access ü Filing a petition with the court --Generally requires party status --Judge MAY allow the petition to proceed without party status, thereby granting party status for purposes of that proceeding.

Dependency Court and Removal of Children Access to Dependency Court When a Child is Removed ØDirect Access ü Filing a temporary injunction or stay of proceedings --Generally requires party status --Judge MAY sustain it --Alerts parties of need for immediate action to prevent removal

Dependency Court and Removal of Children Access to Dependency Court When a Child is Removed ØIndirect Access ü The child has party status and thus has the right to challenge placement decisions. The GAL or advocate may intervene…if they know of an impending move.

Dependency Court and Removal of Children Best Practices to Prevent Removal 1. Work with the agency 2. Participate to the fullest extent possible in permanency planning

Dependency Court and Removal of Children Ombudsman 27 states have ombudsman programs to provide resources and assistance to foster parents

Dependency Court and Removal of Children Review Outcome #1 Who remembers the purpose of dependency court and how it differs from criminal court? Outcome #2 Who remembers the sequence of court processes in dependency court? What is the major purpose of each step? ---yes, you can look at your chart. In which of the hearings will foster parents be able to be fully involved?

Dependency Court and Removal of Children Review Outcome #3 You all remember what responsibilities foster parents have to the child when he is to be moved. Would someone name a few of those so I know I did my job here today? Outcome #4 What are the 5 circumstances under which a child might be removed from a foster home?

Dependency Court and Removal of Children Review Outcome #5 Here are the toughies. Can we remember some of the ways in which foster parents can challenge a move? What are some steps foster parents might take to prevent unwanted agency action?

Dependency Court and Removal of Children Additional modules in this series: üPermanency, Foster Parents and the Law üCourt Participation for Foster Parents üAllegations of Maltreatment

Dependency Court and Removal of Children Thank you for your attention and participation