What Counties Do That Matter And What They Are Required To Do

What Counties Do That Matter And What They

Are Required To DoChildren in Need of Protection or Services

December 3rd, 2012Honorable Ramona A. Gonzalez, Judge, Circuit Court, Branch 1, LaCrosse County

Diane Meulemans, Deputy Corporation Counsel, Marathon CountyLisa Roberts, Child and Family Services Division Manager, Waukesha County DHHS

Today’s presentation

O INTRODUCTION OF PANEL MEMBERS

O BRIEF OVERVIEW OF PRINCIPLE THEMES IN CHILD PROTECTIVE SERVICES

O THREE PERSPECTIVES DURING THREE STAGES OF A CPS CASE

Perspectives O Social / Human Services perspective

O InvestigationsO Ongoing case management

O Prosecution perspectiveO District Attorney or Corporation Counsel

O Judicial perspectiveO Circuit Court or Court Commissioner

ProcessO Entry into the CPS

system

O CHIPS legal process from custody to disposition

O Planning for permanence

O What happens?

O Who is responsible?

O What are the challenges we face?

O How have the challenges been overcome?

Principles that Guide our Practice

O Families are the fundamental foundation of our society…they have a right to be together

O The health, SAFETY and wellbeing of children are paramount

O Preserving the unity of the family and strengthening family life are primary objectives within the CPS system

O Children have a right to swift permanence

Focus on ChildrenO Legislative intent of Children’s Code:Children have certain basic needs which must be provided for, including the need for adequate food, clothing and shelter; the need to be free from physical, sexual or emotional injury or exploitation; the need to develop physically, mentally and emotionally to their potential; and the need for a safe and permanent family. Wis. Stat. § 48.01(1)(ag)

Focus on ParentsO Change happens within the context

of relationshipsO Families are viewed as experts of

their familyO Service provisions must meet the

global needs of the family supporting long term stability

O Definition of “family” has expanded

Focus on PermanenceO Permanency is not just a word…O Planning for permanence begins

immediately as families enter the systemO The CPS system must foster and

maintain relationships for the childO Swift permanence is vital – ASFA,

permanency reviewsO Children need to be part of their own

permanency process

Directives that Steer our Work

O Wisconsin and Federal StatutesO Attention to Indian

Children under ICWA and WICWA

O Legislation O Wisconsin

Administrative CodeO Case law as

established by courts

O State of Wisconsin Department of Children and Family Standards and Policies

O Federal, State & County Budgets

Overview of the Process:Entry into CPS System

O Report of possible abuse or neglectO Needing supports and services

O 4 Steps:O InvestigationO AssessmentO AnalysisO Services

ResponsibilitiesO Must focus on safety – present vs impending

dangerO Investigate not just incident but global parent,

child, family functioningO Can only petition if meets statutory definitions

of maltreatmentO Provide ALL reasonable efforts to maintain the

family together and first address safety within the home

O Locate relatives first if placement outside the home necessary

O Confirm the safety of any home the child is placed in

ChallengesO New requirements set by state standards and

statutes:O Sibling/family connectedness, confirming safe

environments, licensing relative placements, relative search, family court placement time, CANS, contact/visitation standards, WICWA screening and tribal notification

O Time/Staffing Restraints – to meet all mandates within required timelines and documentation demands

O Appropriately evaluating what is an “acceptable amount of risk”

O Budgeting O Community perspective of “ruining” familiesO Complexity of service needs – families struggle with

severe MH, AODA issues, trauma, economic struggles, housing problems

What’s Working?O Teaming with community partners – CARE

centers, police, courts, various working cmtees (e.g. drug affected infants, LSS Safety Services)

O Improved communication with partners and public – partnering/educating

O Improved practices – evidence based approaches; understanding trauma

O Use of technology – ewisacwis gives us statewide/historic necessary info.

O Innovation – GIS system O Better focus and working definition of safety

Prosecution OverviewEntry into System

O District Attorney or Corporation Counsel represent the stateO Discretion to file

O Due Process ProtectionsO ServiceO NoticeO Rights of Parents

O Neglect: failure to provide necessary care = seriously endanger the child’s physical health

O Abuse: non-accidential physical injury; sexual abuse/contact/ exposure; meth lab in home; emotional damage; drug use by expectant mother

Challenges in Prosecution

O Fluidity of information at point of removal

O Reasonable efforts standard prior to removal

O Coordination with alternative response programming

O Reliance on court services and judiciary to accomplish timeframes

O 48 hours from removal to first hearingO Burden of proof: probable cause

What’s Working in Prosecution?

O Coordinated efforts to share investigative information

O “Target” docket time for scheduling for court hearings

O Use of technology O Personal service on parents at point

of Temporary Physical Custody Hearing

O Relative involvement for placement

Judicial Perspective at Family’s Entry into CPS System

O What is role for Court at point of entry?

O What is Court’s responsibility at point of entry?

O What are challenges faced by the Court during this phase?

O What steps has the Court taken to overcome challenges?

O What’s working?

Overview of the CHIPS On-Going Process

O See handouts…Child Protective Services – Out of home Timeline and Court Flowchart

O Assessment and Planning processO Confirming Safe EnvironmentsO Permanence Determinations and

AchievementO Case Evaluation ProcessO Case Closure Process

ChallengesO New requirements set by state standards and

statutes:O confirming safe environments, trial reunifications,

contact standards, permanency roundtables, foster parent training requirements, permanency planning considerations, WICWA active efforts

O Time restraints – training/documentationO Implementation O “1 more thing”…constant change and need to adaptO Need for increased oversightO Available resources O Losing valuable “social work time”

What’s Working?O Constant evolution and improvement of

practice – QSR, Organizational effectiveness, Trauma Partnerships,

O Improved practice models for partnering, engaging, collaborating

O Reduced duplication of servicesO Improved communication and collaboration

with family, partners, teamsO Better qualified caretakersO Improved focus on Safety, Wellbeing and

Permanence

On-going CHIPS ProsecutionO Prosecution of the CHIPS case – HandoutO Attorneys for ParentsO Attorneys or Guardians ad Litem for

ChildrenO Civil Rules of Procedure; Not criminalO Due Process ProtectionsO Adjudication based on “snapshot” at

time of filing; may be adjudicated if only 1 parent neglectful/abusive

Challenges in ProsecutionO Absentee parentsO Potential dual track of CHIPS and criminal

charge for same incidentO Statutory time frames (hearing minimum

of every 30 days)O Unadjudicated fathersO Indian Children – additional parties;

statutory elementsO Burden of proof: clear, satisfactory &

convincing

What’s Working in Prosecution?

O Settlement and Pre-trial conferencesO Order for Release of Records for DiscoveryO Phone appearances for incarcerated

parents; geographic distances; parents in treatment facilities

O Standardized conditions for Return and Supervision

O Collaborative efforts with Child Support Agency – exchange of location and paternity information

Judicial Perspective: CHIPS Prosecution

O What is the role of the Court in a CHIPS Case from Temporary Physical Custody Hearing to Disposition?

O What challenges or barriers exist for the Courts in CHIPS cases?

O What have the Courts done to overcome the challenges involved in CHIPS litigation?

Overview/Requirements- Permanence:

O Initial permanency plans - Concurrent Planning Criteria – prognosis indicators

O Permanency Plan reviews/hearings O ASFA – 15/22 monthsO Permanency Options – now include

subsidized guardianship and OPPLA but not independent living or long term foster care

ChallengesO Schizophrenia of concurrent planningO Challenges of incarcerated parentsO Permanency planning on WICWA

casesO Balancing swift timely permanency

for children with time needed for the change process for parents with complex issues

O Permanence through TPR severs ALL family relations (minus sibs)

What’s Working?O Concurrent planning from entry into the

systemO Transparency with family, court, partnersO Meaningful hearings/reviews regularlyO Participation of ALL parties – parents,

CHILD, social worker, court staff, partners, caretakers

O Legislative consideration of how to address the challenges

Prosecutor’s Role in Permanence

O Ensure court’s continued involvement in process:

O Changes to permanence goals must be approved by the court

O OR if panel recommends a permanence goal that conflicts with the Department’s goal

O Revise conditions to meet a family’s changing needs

Challenges to Prosecutors in Permanence Planning

O Same as described above in Social Services’ role

O Making court hearings meaningfulO Absentee parentsO Family court placement requirementO Strategic planning for potential TPR

groundsO Difficult for counties where CHIPS done by

Corporation Counsel and TPRs done by DA or outside counsel

What’s Working?O Pretrial conferences O Telephone participation for

incarcerated parents; parents unable to travel to court

O Social Worker preparation; thorough case management

Judicial Perspective in Permanence

O What is the Court’s role in obtaining permanence for children in out of home placement?

O What obstacles or barriers are experienced by the Court in achieving permanence?

O What’s working for the Court in overcoming these obstacles?

LOOKING FORWARD FOR CHIPS CASES:

O From the Social Services’ perspective:

O From the Prosecutor’s perspective:

O From the Bench:

Questions?

"Safety and security don't just happen, they are the result of collective consensus and public investment. We owe our children, the most vulnerable citizens in our society, a life free of violence and fear."

O Nelson Mandela