Permanency Matters Pursuing Timely Permanency for Louisianas Children

Permanency Matters Pursuing Timely Permanency for Louisiana’s Children

Child Protection “Trinity”: Safety Permanency Well-being

Defining Permanency Permanence is not a philosophical process, a plan, or a foster care placement, nor is it intended to be a family relationship that lasts only until the child turns age 18. 3

Permanence is about locating and supporting a lifetime family.

Permanence can be the result of: • preservation of the family, • reunification with birth family; or • legal guardianship or adoption by kin, fictive kin, or other caring and committed adults. 5

We - attorneys, CASA’s, judges, DCFS staff, and all child welfare stakeholders - in partnership with the larger community, have a moral and professional responsibility to find a permanent family relationship for each child and young person in foster care. 6

Permanence should bring physical, legal and emotional safety and security within the context of a family relationship and allow multiple relationships with a variety of caring adults.

Permanence is achieved with a family relationship that offers safe, stable, and committed parenting, unconditional love and lifelong support, and legal family membership status. 8

QUALITIES OF PERMANENCY: • • + • Intent to stay Continuity and commitment Sense of belonging Respected social status Recognized/enforceable legal status

Permanent Placement Art. 603 (20) "Permanent placement" means: (a) Return of the legal custody of a child to his parent(s). (b) Placement of the child with adoptive parents pursuant to a final decree of adoption. (c) Placement of the child with a legal guardian.

Permanency Priorities: Ch. C. art. 702(C) The court shall determine the permanent plan for the child that is most appropriate and in the best interest of the child in accordance with the following priorities of placement: (1) Return the child to the legal custody of the parents within a specified time period consistent with the child's age and need for a safe and permanent home (2) Adoption. (3) Placement with a legal guardian. (4) Placement in the legal custody of a relative who is willing and able to offer a safe, wholesome, and stable home for the child. (5) Placement in the least restrictive, most family-like alternative permanent living arrangement.

Rights/responsibilities Parent(s) Caretaker State Permanent Reunification All None Y None Y Guardianship Limited Most Minimal Y Legal custody Some ? N APLA Most N Adoption None All Some

Planning for Permanency For children and young people in out-of home placement, planning for permanence should: • begin at entry into care, and be • youth-driven, • family-focused, • culturally competent, • continuous, and • approached with the highest degree of urgency.

Concurrent Planning Working toward family reunification while, at the same time, developing an alternative permanent plan. • Concurrent rather than sequential planning. • NOT a fast track to adoption, but to permanency 14

Goals of Concurrent Planning • promote safety, permanency, well-being of children; • achieve early permanency; • reduce number of moves; • continue significant relationships 15

• develop a network of foster parents (relatives and non-relatives) who can work toward reunification and also serve as permanency resource families for children and youth • engage families in early case planning, case review, and decision-making about the array of permanency options to meet children and youth’s urgent need for stability and continuity in their family relationships • maintain continuity in children’s and youth’s family, siblings, and community relationships 16

Barriers to Permanency • Late identification/location of parents and relatives • Ability/motivation of parents • Delays in decision-making • Needs-Services disconnect • Psychological attachments • Lack of understanding by stakeholders

Legal Guardianship ASFA (PL 96 -272) The term 'legal guardianship' means a judicially created relationship between child and caretaker which is intended to be permanent and selfsustaining as evidenced by the transfer to the caretaker of the following parental rights with respect to the child: protection, education, care and control of the person, custody of the person, and decision making.

Legal Guardianship Art. 116 (12. 1)(a) "Legal guardianship" means the duty and authority to make important decisions in matters having a permanent effect on the life and development of the child and the responsibility for the child's general welfare until he reaches the age of majority, subject to any residual rights possessed by the child's parents. It shall include but not necessarily be limited to:

(i) The authority to consent to marriage, to enlistment in the armed forces of the United States, to represent the minor in legal actions, to make other decisions of substantial legal significance concerning the minor. (ii) The authority and duty of reasonable visitation, except to the extent that such right of visitation has been limited by court order. (iii) The rights and responsibilities of legal custody.

NEW definition: Ch. C Art. 116 (12. 1) “Guardianship” means the judicial placement of a child under the duty and authority of a guardian to make decisions in matters having a permanent effect on the life and development of the child as set forth in Article 719.

Art. 718 Purpose of guardianship To provide a permanent placement for children when neither reunification nor adoption are in the children’s best interest To encourage stability and permanence for CINC who have been removed from parent(s) To increase opportunities for prompt permanent placement, esp. with relatives, without ongoing supervision by the department

Art. 719 Guardian’s rights and responsibilities A. Unless the court specifies otherwise, a guardian shall exercise the rights and responsibilities of legal custody and shall have the authority to consent to the child’s marriage, to consent to his enlistment in the armed forces of the United States, and to make other decisions concerning the child, except the right to consent to the child’s adoption.

BUT B. Guardianship does not subject the guardian to responsibility under Civil Code Articles 2317 or 2318 for damage occasioned by the child. C. The rights and responsibilities of administering the property of the child are governed by the law of tutorship.

Guardianship mechanics Child MUST be adjudicated CINC Motion filed by DCFS, parent, or child - Possible intervention under art. 707 Home study by department required Hearing required Burden of proof: clear and convincing evidence Written order of guardianship with findings

Proof of ALL of the following: √ Child adjudicated CINC √ Reunification with parent not in best interest √ Adoption not in best interest √ Child has resided for at least 6 month with proposed guardian (may be waived for good cause) √ Proposed guardian is able to provide a safe, stable and wholesome home for the child for the duration of minority

… PLUS guardianship in child’s best interest COURT ORDER – shall address contact between child and parent as necessary to ensure the health, safety and best interest of child [Order may require support if parent is able] GUARDIANSHIP ORDER CONTINUES UNTIL THE CHILD OBTAINS 18 YEARS OF AGE (unless changed by the court earlier)

Changing the “permanent” placement. Court retains jurisdiction to enforce, modify or terminate guardianship Clear & convincing evidence Substantial and material change In circumstances

Because either… • The guardian no longer wishes to serve • The guardian can no longer serve • Continuation of the guardianship is so deleterious to the child as to justify modification/termination • The harm likely to be caused from a change in the guardianship is substantially outweighed by the advantages to the child

Guardianship subsidy Fostering Connections to Success and Increasing Adoptions Act of 2008 (PL 110 -351) Sec. 101 Kinship guardianship assistance payments (3)(A) In general- A child is eligible for a kinship guardianship assistance payment under this subsection if the State agency determines the following:

(i) The child has been— (I) removed from his or her home pursuant to a voluntary placement agreement or as a result of a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child; and (II) eligible for foster care maintenance payments under section 472 while residing for at least 6 consecutive months in the home of the prospective relative guardian.

AND: (ii) Being returned home or adopted are not appropriate permanency options for the child. (iii) The child demonstrates a strong attachment to the prospective relative guardian and the relative guardian has a strong commitment to caring permanently for the child. (iv) With respect to a child who has attained 14 years of age, the child has been consulted regarding the kinship guardianship arrangement.

Louisiana is implementing a guardianship subsidy program DCFS policy: 6 -854, 6 -2100 -2140 Policy includes definitions and procedures for consideration of guardianship as permanency option and for subsidy:

Eligibility Child must be in custody of state Reunification has been ruled out Adoption has been ruled out Caregiver is willing to be guardian and can provide for safety, permanency and well-being of child • Change of permanent plan goal to guardianship must be approved by court • • BUT NOTE: • Eligibility for subsidy must be determined prior to the permanency hearing in which guardianship is recommended

Case plan to document: • Efforts to reunify and reason that reunification is not appropriate • Reasons for any separation of siblings • Reasons guardianship is in child’s best interest • Eligibility considerations for subsidy • Efforts to discuss adoption with caregiver and reasons why not chosen • Efforts to discuss guardianship with parent Court reports should include information re. appropriateness of guardianship and status/steps taken

Ch. C. art. 675 Case plan When permanent plan is guardianship, documentation of department efforts must include the facts and circumstances supporting guardianship, including the reasons that the plan is in the best interest of the child and that reunification and adoption are not appropriate permanent plans… also the suitability and commitment of the proposed guardian to offer a wholesome, stable home for the child throughout minority

For subsidy: • Caregiver must be relative or fictive kin Fictive kin – related or connected to an individual child or family of that child through bonds of affection, concern, obligation, and/or responsibility prior to foster care entry…considered by child or family to hold the same level or relationship with an individual child or family as those individuals related by blood or marriage • Caregiver must be certified foster/adoptive parent • Child has been in caregiver’s certified home at least 6 consecutive months before seeking guardianship

• Caregiver demonstrates a strong attachment and a commitment to caring for child on a permanent basis • Caregiver willing to accept court order and enter into guardianship agreement with State • Child demonstrates a strong attachment • Child (14+) must be consulted; guardianship should be discussed with all children NOTE: Determinations must be made for all siblings placed in guardianship together

Caution: Guardianship is not appropriate for every child!

HUH?

What is “Success”? Permanency. (Reunification is a primary goal, but only one of the acceptable permanency goals, including adoption and guardianship) 42

PERMANENCY MATTERS