Transcript Focus on Permanency - parentattorney.org

The Path to Permanency
Melissa D. Carter
Committee on Justice for Children
Parent Attorney Conference
May 8-9, 2007
The movement to a outcome based system means
that child welfare professionals must find ways
to incorporate their good clinical skills with a
outcomes management approach.
This training will focus on achieving timely
permanency.
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STRATEGIC PLANNING
OUTCOME: The final result you are trying to achieve (or that
was achieved)
Example: Finalized Adoption
OBJECTIVE: A required or recommended interim goal toward
the achievement of the desired outcome.
Example: Termination of parental rights
ACTION STEP: Plans, conversations, reports, court
appearances and decisions that are undertaken to achieve
objectives.
Example: Diligent search for parents
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Group Exercise
• What does “Permanency” mean?
Achieving Permanency
• The essence of permanency outcomes is to reduce
the length of time to achieve permanent living
arrangements while ensuring that children receive
consistent, stable care.
• What is your role in this process?
Permanency Hearings
• What are they?
– Represents a deadline for the court to
determine the final plan that will move the
child out of temporary foster care and into
a permanent home
• Review Hearing “Plus”
Review Hearing
– Consider the safety of the child
– Examine the need for and appropriateness of placement
– Review compliance w/ the case plan and determine
extent to which reasons for removal have been alleviated
– Set a projected date for permanency, consider all barriers
to achievement of goal, fine-tune
– Modify visitation if necessary
– Seek relative resources
Permanency Hearing
All of the above PLUS:
– Choose the plan by systematically ruling out more permanent
options
– Consider the health and well-being of the child
– Order the next steps necessary to achieve the permanent plan
– Rule on whether the agency has made RE to finalize the
permanent plan
– If the child remains in foster care, seek connections for the child
What Triggers a Permanency Hearing?
• 3 scenarios:
– (1) Judicial Determination that RE are not required (O.C.G.A.
§15-11-58(a)(5))
– (2) Submission of a plan that does not contain a plan for
reunification services (O.C.G.A. §15-11-58(e))
– (3) In anticipation of child’s 12th month in care (O.C.G.A. §15-1158(o)(1)) and not less than every 12 months thereafter during the
time the child remains in DFCS custody
Permanency Hearings in GA
• Must be held within 30 days after a judicial determination that RE are
not required to be made
– Subjected the child to aggravated circumstances which, including but not
limited to abandonment, torture, chronic abuse, and sexual abuse;
– Committed murder of another child of the parent;
– Been convicted of the murder of the other parent of the child;
– Committed voluntary manslaughter of another child of the parent;
– Aided or abetted, attempted, conspired, or solicited to commit murder or
voluntary manslaughter of another child of the parent; or
– Committed a felony assault that results in serious bodily injury to the child or
another child of the parent; or
– The parental rights of the parent to a sibling have been terminated
involuntarily
Permanency Hearings in GA (cont’d)
• Required to be held within 30 days from submission of “non-reunification” plan
• Legal Standard: Clear and convincing evidence that reunification efforts
detrimental to the child. Referral to TPR/adoption not in BIOC
• Presumption that RE should not be provided when:
– Parent unjustifiable failed to comply w/ previously ordered
reunification plan
– Child removed on 2 previous occasions and reunification services
were provided
– Grounds for TPR exist
– Circumstances listed in § 15-11-58(4) exist, making RE to reunify
unnecessary
• Available dispositional options: relative, non-related individual, suitable individual
in another state, agency or organization operated like a “family home”
Permanency Hearings in GA (cont’d)
• No later than 12 months after the child is considered to have
entered foster care
• Thereafter, at least every 12 months during the time the
child continues in custody
• May be held at the time of a hearing on a motion to extend
custody
– BUT, a permanency hearing is more than a hearing on the
motion
DFCS’ Permanency Plan
(O.C.G.A. §15-11-58(o)(2))
• At the time of the permanency hearing, DFCS shall submit
a report recommending a permanency plan for the child
– Whether/when child shall be:
•
•
•
•
•
returned to the parent(s);
referred for TPR and adoption;
referred for legal guardianship*;
placed permanently w/ a fit and willing relative*; or
placed in another planned permanent living arrangement (APPLA)
– DFCS provides “compelling reason” that no other option is in BIOC
Reasonable Efforts to Reach Permanency
• To place the child in a timely manner in accordance
w/ the permanency plan and to complete whatever
steps are necessary to finalize the permanent
placement of the child (O.C.G.A. §§15-11-58(a)(5),
(o)(6)).
• Finding made at every permanency hearing
• Concurrent planning
The Court’s Permanency Order (O.C.G.A.
§15-11-58(n)(5) and (6))
• The court enters a supplemental order incorporating:
– the permanency goal,
– findings of fact regarding RE to finalize the permanency plan in
effect at the time of the hearing,
– findings of fact regarding whether (if applicable) an out-of-state
placement continues to be appropriate and in the BIOC, and
– in the case of a child age 14+, a determination of services needed
to assist the child to make a transition from foster care to
independent living
Other voices (O.C.G.A. §15-11-58(p))
• Child/youth must be consulted
• Foster parents, preadoptive parents, and relatives
providing care for the child
– All foster care proceedings
– Court shall include findings of fact reflecting
consideration of oral and written testimony
– 5 days advance notice for permanency hearings
“Listen to us. Find out what our style is. Talk to other people that know us, if we
say it’s okay. Check with us about things. Remember the motto, ‘Nothing About
Me Without Me!’ Don’t make choices for us or make fun of us. Know that we
have thoughts, feelings, and ideas just like you.”
Sara Erstad-Landis, “What I Would Like to Say to Lawyers,” Youth Law News
Poetic - Ronald, age 18
To review …
• Permissible permanency plans:
–
–
–
–
Reunification
TPR/Adoption
Permanent placement w/ fit and willing relative
Another planned permanent living arrangement (APPLA)
• Order of preference
Reunification
• Preferred permanency plan
• Safety is paramount concern
• Case plan compliance
– Primary and secondary goals
TPR/Adoption
• Grounds for TPR : O.C.G.A. § 15-11-94
– Clear and convincing evidence of parental misconduct or inability AND BIOC
• Voluntary surrender
• Failure to comply w/ order of support for 12 months
• Abandonment
• Parental Misconduct or Inability (Deprivation, caused by lack of parental
care and control, likely to continue, will cause serious harm to the child)
– Noncompliance with case plan for 12 months
– Failure to provide care and support for child for 12 months
– Failure to develop and maintain parental bond in meaningful, supportive
manner for 12 month
• Parent convicted of murder of child’s other parent
TPR/Adoption (cont’d)
• 15/22 month rule (and exceptions)
– Placement w/ relatives
• Identification of adoptive resource?
• Adoption Assistance Benefits
Permanent Placement w/ Relative
• Preference for placement w/ relative (O.C.G.A.
§15-11-103(a)(1))
– Diligent search
• Subsidies
• Residual parental rights
Another Planned Permanent Living Arrangement
(APPLA)
• Characteristics:
– Permanent;
– Stability, predictability, continuity
– Stable and enduring relationship w/ adult(s)
• Compelling reasons
– Examples:
• Older teen specifically requests emancipation as permanency plan;
• Parent and child have significant bond but parent is unable to care for the
child due to disability and foster parents have committed to providing
long-term care and facilitating visitation;
• No general categories; case-by-case determination based on
individual facts and circumstances
Case Scenario
• 3 year old whose biological mother has a substance abuse
problem.
• The biological father is unknown.
• The child has lived in the same non-relative foster home for
the past two years she has been in care.
• What is the permanency goal that is most likely to be
pursued?
• What additional information is needed to determine the
permanency goal for this case?
Case Scenarios (cont’d)
• Sibling group, ages 6, 9, and 14, have been in foster care w/
Mr. and Mrs. J. for 3 years. They visit regularly w/ their
biological mother.
• The agency is not pursuing TPR. The children are bonded
w/ Mr. and Mrs. J. who have committed to caring for the
children on a permanent basis.
• APPLA: “permanent foster care w/ Mr. and Mrs. J.”
What’s YOUR role in the Path to
Permanency?
• Melissa D. Carter
– Supreme Court of Georgia Committee on Justice for
Children
– Tel: 404/463-6383
– Em: [email protected]