Attorney Training on Implementation of FWSN Reforms September 21, 2007

Martha Stone, Center for Children’s Advocacy Christine Rapillo, Office of the Chief Public Defender

Today’s Agenda

• History of the FWSN Law • Overview of the FWSN Referral System • Practice Pointers • Questions & Answers

F

amily

W

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S

ervice

N

eeds

Definition of FWSN

C.G.S.

§46b-120(8) • Runaway without just cause • Beyond control of a parent/guardian • Engaged in indecent/immoral conduct • Truant from school or overtly defies school rules • Age 13 – 15 and has engaged in sexual intercourse with another person age 13 or older and not more than 2 years older or younger

Definition of FWSN

• Old C.G.S. 46b-120(11) Definition of a Delinquent Act – any violation of a court order – this includes violation of FWSN Orders

What did this mean?

A child who is charged with a FWSN violation could end up in detention....or CJTS!

All of that is about to change!

History of FWSN Changes

• Special Act No. 04-05 – required DCF to produce a service plan to prevent incarceration of female status offenders and delinquent girls.

• Plan for a Continuum of Community Based Services for Adolescent Females Involved in the Juvenile Court System (2004) – CSSD, OCA, DSS, SDE, providers, advocates and girls collaborated.

History of FWSN Changes

• Girl’s Plan recommended decriminalization of FWSN.

• Legislature passed P.A. 05-250.

Legislative Changes

PA 05-250: CHILDREN OF FAMILIES WITH SERVICE NEEDS

This act prohibits:

(1) holding a child whose family has been adjudicated as a FWSN in juvenile detention or (2) adjudicating them delinquent solely for violating a court's FWSN order. (Effective 10/1/2007)

Legislative Changes

PA 06-188: Families With Service Needs Advisory Board

• Board meets regularly • Diverse membership.

• Drafted legislation that implements diversion process. ( PA 07-4, Section 30)

P.A. 07-4 sec. 30-33 amended 46b-149(FWSN Statutes) •

New requirements and forms for FWSN referrals

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All referrals deemed sufficient for FWSN must be diverted.

–

Emphasis on non-judicial handling

•

Services for FWSN referrals enhanced and expanded.

–

Family Support Centers

– –

CARE Programs FWSN Centers

•

FWSN violators can be removed from community (detained).

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Changes to legally allowable orders for FWSN violators

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New facilities and services for violators

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Required actions for Imminent Risk

•

DCF FWSN Commitment requires judicial finding re: least restrictive

environment.

New FWSN Service System

• • •

Family Support Centers

 Multi-service one-stop: assessment, crisis intervention and on-site services and treatment  Linkages to other appropriate programs as needed

CARE Programs (2 girls and 1 boys)

 Voluntary temporary (2-week) respite  Assessment  Linkages to home-based/community-based services

FWSN Centers

 One 6-bed ADP for girls and One 6-bed ADP for boys are reallocated  Staff secure program for adjudicated FWSN violators or those in imminent risk.

Let’s look at a scenario

• Vicky, a 14 year old girl is fighting with mom, running away from home. Family has a history of depression and substance abuse.

• Mom is getting kicked out of her apartment because of all the fighting, comes to court and files a FWSN complaint.

FWSN REFERRAL DIVERSION PROCESS

Police, Parent, or other non school complainant

Probation Supervisor Sufficient Insufficient Consult Liaison and/or case conference YES Active DCF Case Or under 11yo?

NO Supervisor’s Decision Refer to DCF Voluntary Svcs.

Refer to Other Services File 136 Dismissed with written notice to Complainant Refer to JPO Consult Supervisor Refer to FSC w/notice to complainant and DCF Liaison if any of the following exist: •Chronic runaway (missing>2 days,>2 events in last 6 months.

•5 of 9 criteria substantiated on referral form by complainant •Two or more prior referrals to the court.

(Subject to RM override)

FWSN REFERRAL DIVERSION PROCESS

Consult Liaison and/or case conference Refer to DCF Voluntary Svcs.

Refer to Other Services File 136

School Complaint

Probation Supervisor Sufficient Insufficient Dismissed with written notice to Complainant YES Active DCF Case Or under 11yo?

Refer to JPO Consult Supervisor’s Decision Supervisor NO Judicial Handling Petition filed – JPO assigned Refer to FSC w/notice to complainant and DCF Liaison if any of the following exist: • 2 prior referrals for FWSN • 4 or more family related criteria in addition to truancy/defiance of school rules • 2 or more years of school absence/failure (Subject to RM override)

Juvenile Probation Officer

FWSN REFERRAL DIVERSION PROCESS

Notice to Appear to Family Complete Interview/Assessment •5 of 9 criteria in addition to truancy/defiance substantiated through interview? Including: MAYSI ≥ 3 Warnings &/or IRS ≥ 5 •Multiple yrs. of school absence/failure?

YES NO Referral to Court-based/ Community Services Supervisor Approval Consult with FWSN Liaison Referral to FSC Notice to FWSN Liaison/complainant Referral to DCF Services

Bottom Line

Every FWSN referral must be diverted for services.

Court-based/ Community Services No further benefit JPO

FWSN REFERRAL DIVERSION PROCESS

Family Support Center No further benefit JPO Successful Unsuccessful Successful Unsuccessful Dismiss Supervisor consult Case Conference Dismiss File Petition w/notice to liaison Refer to Services Dismiss Supervisor consult

What does a Family Support Center Offer?

• Voluntary Services for the Family • Case management and Planning • 24 hour crisis counseling • Family mediation • Residential respite care. (CARE Program) • Educational Advocacy • Psycho-educational and cognitive behavioral groups and one-on-one sessions

What does a Family Support Center Offer?

FSC makes referrals for:

• Mental Health Treatment • Substance Abuse Treatment • Home-based Therapies

Facts

• After meeting with probation, Vicky agrees to go to the respite program while mom looks for another apartment. – She can live at the respite for up to two weeks. – She gets a mental health assessment.

– She gets referred for counseling.

– She is seen by a doctor and prescribed medication for clinical depression.

– She gets involved in a drug education group. – She and mom have family therapy sessions.

Results

• After two weeks, Vicky goes home with mom.

• She continues to receive services through the Family Support Center for as long as she needs them.

What happens when the services don’t work?

• After a few weeks, Vicky stops going to the FSC and is missing school. • The FSC intervenes with the family and tries more interventions. Respite care can be tried again.

What happens when the services don’t work?

• If the FSC determines the family can’t benefit from any more services, the file goes back to Probation.

• Probation will reassess and look for other services. • If there are no other appropriate services, a petition is filed and the child goes to court.

This is where you come in!

FWSN JUDICIAL PROCESS

Family Summoned to Court Refer to Community Based or Other Services prior to adjudication – Case continued for up to nine months Court Temporary Custody Vested if: • child may harm him/herself • child may runaway • need to hold for other jurisdiction Dismissed & Erased Not Adjudicated FWSN 10 Day OTC Hearing Adjudicated FWSN JPO Study/Rec Dismissed & Erased DCF Voluntary Services Educational Services at BOE expense (truancy cases) YSB/ Community Service (PSB) FWSN Supervision Commit to DCF <18 months – if less restrictive alternative unavailable Written warning of consequences for violations of court orders

Practice Issues

• The child can’t be placed under orders until he or she is adjudicated so, Resist the pressure to plead a child out on the first day!

Practice Pointers

• Diversion is the goal of the new FWSN process – Advocate for the least restrictive service, even after a violation.

POST ADJUDICATION PROCESS – VIOLATION OF COURT ORDER

Petition filed alleging violation of court order Hearing No violation found Violation found Dismissed & Erased Place the child under the supervision of a probation officer If no less restrictive alternative appropriate to the needs of the child & community Temporarily place child in staff secure CSSD facility <45 days w/court review every 15 days Commit the child to DCF 18 months

Practice Issues

• If child is placed in staff secure facility-you need to be looking at dispositional options.

– It takes about 45 days to be placed residentially.

– You should participate in the Case Review Team. • Children do not have to stay detained to go to placement • You should be asking for services to maintain the child at home. (if that’s what they want.)

POST ADJUDICATION PROCESS – IMMINENT RISK

Petition filed alleging immediate physical harm Findings - Based on petition allegations & other verified affirmations –probable cause to believe: • child is in imminent risk of physical harm from surroundings • as a result, the child’s safety is endangered & immediate removal is necessary • no less restrictive alternative is available Child placed in staff secure CSSD facility Hearing w/in 24 hrs exc weekends & holidays Released If not released, child may not be held >45 days w/court review every 15 days At the end of 45 days Release to community for services Commit the child to DCF <18 months

Practice Issues

• This procedure should only be used in extreme circumstances.

• Child must have been previously adjudicated a FWSN.

• Move quickly to arrange less restrictive placement.

Post Adjudicated Process Committed

•DCF may seek to extend commitment < 18 months if the court finds: –Extension is in the best interests of the child –No suitable less restrictive alternative is available •DCF may seek to discharge a committed child at any time •Committed child or parent may seek to revoke commitment any time but not more than once every six months

FWSN Memorandum of Agreement

The FWSN Memorandum of Agreement signed in 2004 between the Department of Children and Families (DCF) and the Judicial Branch, Court Support Services Division committed to a collaborative approach to meet the needs of children referred to the Juvenile Court as FWSN. The two goals of the MOA are: • To provide effective diversion from the juvenile justice system • To provide speedy and complete access to necessary services.

Role of the DCF FWSN Liaison

• Consultation and case conferences with Probation.

• Track and alert area office and probation if case is DCF involved.

• Assist Probation in diverting non-involved DCF cases to community collaboratives. • Participate as a team member of the Family Support Center and Case Review Team. • Provide training to DCF Area Offices, probation, Court and FWSN service providers.

INTERAGENCY COLLABORATION

• Targeting Sub-Populations – Probation will consult with the DCF FWSN Liaison if child is 11 years old or younger, or family has an open DCF case, or child has significant mental health issues.

– In Truancy cases, DCF FWSN Liaison will review those age 11 or under and if meets criteria for Educational Neglect, file 136. Court Educational Advocate will review all Truancy referrals and make recommendations to JPO. • Collaborative Meetings – Case Conference held if case is open with, or recently closed by DCF. Liaison will notify DCF and Probation and schedule meeting. – Case Review Team will be held prior to FWSN petition being filed. DCF Area Office, school and providers invited if out of home placement is being considered.

Practice Issues

• You can access the DCF FWSN liaison to provide diversionary services for your client, even after a petition is filed or a violation occurs.

Local Implementation

Training • Operational “nuts and bolts” • Review and discussion of FWSN service delivery system Formation of Local Implementation Teams • Purpose • Structure • Team Leadership • Membership

Practice Issues

• If you are not happy with implementation in your area, ask to participate on the local team. • Call Kim Sokoloff or Martha Stone

Resources

• Martha Stone, Center for Children’s Advocacy (860) 570-5327 • Kim Sokoloff, CSSD (860) 721-2100

Legislative Changes

PA 07-4: Budget Implementation

Sec. 37. Extended the life of the Board from 12/31/07 to 7/1/08.

Timeline/Next Steps

October: Local Implementation Teams begin monthly meetings including FWSN Service Providers and other members of your community November - March: Continue Monthly Meetings January 2008: Team representatives convene with the FWSN MSIT team to report out on progress and challenges