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The Path to Permanency

Why do you care about Permanency?. Outcomes for children and youth in foster careRequirement of federal (ASFA) and state lawFederal audits (Title IV-E, CFSR, etc.)ASFA (1997)Shortens timeframes for achieving permanencyRequires permanency hearingsEstablishes permanency goalsProvides for expedi

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The Path to Permanency

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    1. The Path to Permanency Georgia Child Welfare Legal Academy Judge Sumner and Judge Spivey March 25, 2009

    2. Why do you care about Permanency? Outcomes for children and youth in foster care Requirement of federal (ASFA) and state law Federal audits (Title IV-E, CFSR, etc.) ASFA (1997) Shortens timeframes for achieving permanency Requires permanency hearings Establishes permanency goals Provides for expedited permanency process when aggravated circumstances exist Helping abused and neglected children is a financially sound decision Plus, it’s just the right thing to do

    3. Case Management Child Centered Collaborative

    4. 12 months to achieve permanency Case management is all about the path to permanency: every finding, decision, review, and action taken. The life of the case is to be an engine for that child’s permanency. We start with the goal of permanency being a reunification with the parents. If the case cannot take that direction within a reasonable time under the law, then other VIABLE options need to be developed. It is more than a file; it is a child’s journey to find a safe and permanent home.

    5. Statutory review Timing: First review: within 90 days of the dispositional, BUT no later than six months and every six months thereafter; when a child approaches the 12th month in care. O.C.G.A. §15-11-58 Required Findings: Continuation in the home would be contrary to the welfare of the child Reasonable Efforts by D.F.C.S. to preserve and reunify the family, to prevent removal of the child from the home, and to make it possible for the child to safely return to their home. Case Plan: appropriate, specific, correlated to adjudicatory deprivation findings, modification 

    6. Case Plan: is it a good road map/GPS for a successful outcome? “Turn left at 200 yards”—vital to be correct

    7. Issues During the Permanency Journey Reasonable Efforts: DFCS providing services to accomplish goals of case plan/ visitation/ finalize permanency plan/ placement issues Relative Search Parent efforts towards meeting case plan requirements Permanency plan

    8. 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. When children must be removed for their safety, permanency planning efforts focus on: Returning them home as soon as safe to do so Placing them with another permanent family What is your definition of “permanency”? What is your role in this process?

    9. 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”

    10. 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

    11. 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

    12. 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. §15-11-58(o)(1)) and not less than every 12 months thereafter during the time the child remains in DFCS custody

    13. 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

    14. 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”

    15. 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

    16. DFCS’ Permanency Plan (O.C.G.A. §15-11-58(o)(2)) At the time of the permanency hearing, DFCS must recommend 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

    17. Reunification Child is returned to the birth parent. The preferred permanent placement for most children. Barriers to reunification: Parental capacity Child’s needs Services not available

    18. Adoption The social and legal process designed to establish a new legal family giving a child the same rights and benefits of those born into a family. When is Adoption an appropriate permanency plan? When reunification with birth parents is not possible When a suitable permanent home is not provided by relatives When permanent, legal separation from the birth family is necessary and sanctioned by the court When a child is capable of accepting and responding to family life and a home of his/her own

    19. Guardianship Guardianship is granted to a relative or non-relative for a child who is: Unlikely to return home Adoption is not in the child’s best interest. Why Select Guardianship? Guardianship does not sever birth parents' rights/responsibilities Maintains the bond/connection between the child and family. May be considered when a TPR has occurred. Relatives and non relatives can receive subsidized guardianship payments Barriers to achieving permanency through Guardianship: Birth parents can petition the court to dissolve the guardianship.

    20. Permanent Placement w/ a Fit & Willing Relative The development of a relationship between a related adult and child that is permanent. Why Select Placement with Fit and Willing Relative? Custody until 18 Adoption and Guardianship have been considered, but ruled out Supports family continuity and support Does not require TPR Relative Care Subsidy

    21. The non-reunification trap A finding of non-reunification is NOT a permanency plan. Is there a fit and willing relative? Is there an adoption? Is there a viable independent living plan? If a long term care program, is it necessary?

    22. Another Planned Permanent Living Arrangement (APPLA) Child/Youth remains in agency custody until he/she reaches age of majority. Long Term Foster Care – Agreement with a caregiver for placement until foster care is no longer needed. Emancipation – A planned arrangement for maintaining the child in foster care until he/she is emancipated. Why Select APPLA as the Permanency Plan? Youth does not want to be adopted. Youth is in a stable, safe placement with an adult who is committed to the youth until he/she reaches the age of majority

    23. One Idea-A Permanency Pact What is it? A pledge by a supportive adult to provide specific supports to a young person in foster care with a goal of establishing a lifelong, kin-like relationship. Written by the Foster Club (a national network of former and current foster children, it solidifies a promise by an adult to a youth with supports like a home for the holidays, an emergency place to stay, home cooked meals and many more.

    24. 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

    25. 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

    26. Other voices (O.C.G.A. §§15-11-55 & 15-11-58) Child/youth must be consulted Home At Last youth survey (My Voice, My Life, My Future) Child & Family Svcs Improvement Act of 2006 (See 42 U.S.C. § 675(5)(c); SB 128, amending O.C.G.A. § 15-11-58(o)(4)) Foster parents, preadoptive parents, and relatives providing care for the child All foster care proceedings (O.C.G.A.§ 15-11-55.1) Court shall include findings of fact reflecting consideration of oral and written testimony (O.C.G.A. § 15-11-58(p)) 5 days advance notice for permanency hearings

    27. “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

    28. Common Sense Approach Why was the child removed, what are the issues of deprivation, can child safely be returned home? What is a permanent option for this child?

    29. Creative Approaches 17 Year old exit meetings Checklist for education Zero to three fast track Multiple case reviews CASA/G.A.L. training

    30. Creative Approaches (con’t) Judicial Handouts: What I need to do to bring Amy home: 1. Stay sober 2. Get a job 3. Safe home

    31. What’s YOUR role in the Path to Permanency? Judge John B. Sumner Presiding Judge, Cherokee County Juvenile Court Em: jbsumner@cherokeega.com Judge Philip B. Spivey Juvenile Court Judge, Ocmulgee Judicial Circuit Em: juvenilect@windstream.net

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