DISPOSITION Dispositional Hearing What is it Required whenever

DISPOSITION

Dispositional Hearing What is it? Required whenever a petition for dependency or neglect has been sustained. Purpose: To determine what disposition is in the child’s best interests Timing: Immediately following the adjudication or adjourned for a separate date In an EPP case, the hearing must happen within 30 days of adjudication. For older children, it must take place within 45 days.

Dispositional Hearing Who is present? Respondent Parents & their Attorneys Department & County Attorney GAL What evidence is considered? C. R. S. § 19 -3 -507 (1): Social History Report Family Services List Evaluation for Placement Statement About Reasonable Efforts NCFAS: What are the options? Family Strengths Parents may be ordered to take classes, undergo evaluations, or participate in therapy or other treatment. A Handbook for Families in Dependency and Neglect Cases: : http: //www. courts. state. co. us/userfiles/File/Administration/Executive/JP 3/Handbook_for_Families_in_D_N_c es. pdf

Treatment Plans Elements of a good treatment plan: Considers the individual strengths of the parent; Considers the individual needs of the parents; Tailors services designed to meet those needs; Prioritizes the service needs in a manner capable of success; Simple, clear language and measurable objectives and action steps; Not overwhelming; Considers the religious, cultural, and language needs of the family; Emphasize the family’s strengths; Coordinates services and eliminates duplications; Is manageable and designed for success, considering parents work schedules and transportation needs; Considers any special needs of the parents and children Elements of a bad treatment plan: Generic, not tailored to the family; Overly burdensome; Inflexible; Fails to address every family member; Fails to address barriers to complying with the treatment plan

Treatment Plans, continued What if no treatment plan is offered? Next steps: The Department has the option to show by clear and convincing evidence why a parent should not be entitled to a treatment plan, under C. R. S. § 19 -3 -508. If the Department believes that a parent is not entitled to a treatment plan, it may choose to file a motion to terminate. If the court finds that the parent is not entitled to a treatment plan, and the Department has not filed a motion to terminate, then a permanency hearing will be scheduled. Timing : The permanency hearing must be scheduled within 30 days. Options: Proceed to a permanency hearing or to termination.

Treatment plans, continued What services are available Finding them Getting them ordered Timely referrals Waitlists Evidence based research

Visitation Plans What should it include? When visits will happen Plan for progression of visits: Vol. 7. 301. 24 (J)“The visitation plan shall specify the frequency, type of contact, and the person(s) who will make the visit. At a minimum the plan shall provide the methods to meeting the following: The growth and development of the child; The child’s adjustment to placemnent; The ability of the provider to meeting the child’s needs; The appropriateness of the parent and child visitation, including assessment of risk; The child’s contact with parents, siblings, and other family members; And visitation between the child and his/her family shall increase in frequency and duration as the goal of reuniting the family is approached. ” Where? At the Department: ask for permission to allow the parent to take the child outside the visitation room. In the community: have potential visitation hosts contact the Department to get approved. Timing for progression? Should not depend on the parent’s compliance with the treatment plan Safety concerns? Should be specific and observable If necessary, ask the Department to conduct a visitation assessment and report back to the court.

Reasonable Efforts How is it defined? Acting with diligence and care (C. R. S. § 19 -1 -103(89)) The Department should provide the following resources: Screenings, assessments, and individual case plans; Home based family and crisis counseling; Informational and referral services to available public and private assistance resources; and Visitation services. The Department may provide additional resources when funding is available. Transportation to these services when other transportation is not available; Child care; In home supportive homemaker services; Diagnostic, mental health, and health care services, Drug and alcohol treatment, after care services; Financial services to avoid placement; and Family preservation services. Does it have any teeth? Failure to make reason efforts does not form the basis of an independent civil rights claim. In some states (but not CO), it may be used as a defense to termination. Advocacy options when the Department is not doing its job: Motion and order for no reasonable efforts Child support should not be ordered or should be stayed

Outside Opinions What can you get? Entitled to an expert under C. R. S. § 19 -3 -607 How can you pay for it? The state pays for the cost of one expert for indigent parents (C. R. S. § 19 -3 -607) Expert fees are limited by Chief Justice Directives 04 -05 and 8701 How do you get it entered? Qualify the witness as an expert If requesting appointment of an expert, do so within a reasonable amount of time prior to the hearing. People in re L. G. , 737 P. 2 d 431, 434 (Colo. App. 1987) (aff’d by People in re K. T. , 129 P. 3 d 280 (Colo. App. 2005)). Because hearings under the Children’s Code are relaxed , the express terms of C. R. C. P. 26 do not apply. People in re K. T. ,

Appeals q Final order: q Adjudication of dependency and neglect becomes a final order and therefore appealable, upon disposition. In re Interest of T. R. W. , 759 P. 2 d 768 (1988). q What is an appealable issue? Most appeals come from the termination of parental rights hearings and often center on treatment plan issues. q To be safe, raise the issue of appropriateness of the treatment plan at trial in order to preserve it for appeal. q Compare People in Interest of B. J. D. , 626 P. 2 d 727 with People ex rel. M. S, 129 P. 3 d 1086.