Engaging Fathers in Child Welfare Cases: Tips for Lawyers and Judges

1. Engaging Fathers in Child Welfare Cases: Tips for Lawyers and Judges Presented by: Ron J. Clark Kevin Brown Richard Cozzola Judge James W. Payne

2. Why Fathers Matter Ron J. Clark, MPP Consultant

3. Who We Are: • Non-profit, non-partisan, non-sectarian organization • Founded in 1994 to combat the most consequential social trend of our time: • Widespread Fatherlessness in the • Lives of Our Nation’s Children

4. NFI’s mission: To improve the well-being of children by increasing the proportion of children growing up with involved, responsible, and committed fathers in their lives.

5. Educate - The Facts of Father Absence • In 1960, 8 million children lived in father-absent homes • Today, over 24 million children live in homes without their fathers • 1 out of 3 children nationally live in father-absent homes • 2 out of 3 African American children live in father-absent homes Proportion of Children in Father-Absent HomesAll data is from “The Living Arrangements of Children,” U.S. Census Bureau, 2005.

6. Educate - The Effects of Father Absence • BENEFITS • Studies show that children with involved fathers display: • better cognitive outcomes, even as infants • higher self-esteem and less depression as teenagers • higher grades, test scores, and overall academic achievement • lower levels of drug and alcohol use • higher levels of empathy and other pro-social behavior • All data from Father Facts, 5th Ed., 2007. COSTS Children of father-absent homes are: • Five times more likely to live in poverty • Three times more likely to fail in school • Two times more likely to develop emotional or behavioral problems • Two times more likely to abuse drugs • Two times more likely to be abused and neglected • Two times more likely to become involved in crime • Three times more likely to commit suicide

7. Why Child Welfare Must Focus on Father Engagement? • Compared to living with both parents, living in a single-parent home doubles the risk that a child will suffer physical, emotional, or educational neglect. (America’s Children, 1997). • Children in father absent homes are five times more likely to be poor. In 2002, 7.8 percent of children in married-couple families were living in poverty, compared to 38.4 percent of children in female-only households. (U.S. Census Bureau, 2003). • Fathers are absent from the homes of about 75% of the children placed in foster care (QIC-NRF Project Sites – Preliminary Finding).

8. Engaging fathers of foster children can be important not only for the potential benefit of a child-father relationship (when such a relationship does not pose a risk to the child's safety or well-being), but also for making placement decisions and gaining access to resources for the child. • Once in foster care, these children may experience less contact with their non-resident fathers. • There has been lack of attention to family structure and to fathers in child welfare ---- child welfare reviews and national reporting of child welfare data

9. Good News! • Decrease in father absence in past 4 years (2004-2008) • 34.5 percent of children (2004) to 32.6 (2008) • 2 million more children live in homes with their biological fathers 2008 U.S. Census Bureau

10. Resources • Quality Improvement Center on Nonresident Fathers www.fatherhoodqic.org • National Responsible Fatherhood Clearinghouse www.fatherhood.gov • National Fatherhood Initiative www.fatherhood.org

11. Father-Friendly Check-Up • Tool to help agencies create an environment that involves non-resident fathers and foster the healthy development of children • Seven Assessment Areas • Leadership & Organization Philosophy • Program Management Policies & Procedures • Parent Involvement Program • Program Physical Environment • Staff Training & Professional Development • Collaboration & Organizational Networking • Community Outreach

12. Educate - Outdoor PSAs

13. Promising Practices: Recruitment • Why Do Men Get Involved In Fatherhood Programs? • Talk with other dads • Child support • Help with locating resources • Parenting tips

14. Promising Practices: Recruitment • Key Recruiter Characteristics • “Firmth” (Firm plus warmth) • Keep your word • Persistence • No limit –”Outside the box mentality” • Good listener • Offers real solutions • No fear of fathers and/or their environment

15. Fishing Locations Hunting Locations Sporting Events “Bass Pro” type venues Barbershops Fire Stations Correction Facilities Healthcare Facilities Educational Facilities Entertainment Facilities Restrooms Businesses Religious Institutions Military Airports Racing Facilities Where are the fathers?

16. Societal Factors That Influence the Development of Manhood & Fatherhood • Discouraging the expression of emotions -- “Real men don’t cry” • Anger is an acceptable male emotion • Dominant, disconnected and dangerous • Being physically strong • Ambition and competition • Good occupational functioning • Athletic ability • Economic success • Sexual conquests

18. What Fathers Say… • Many men are dealing with depression and other mental health challenges. • Program staff/facilitator/recruiter may need to deal with other major issues before addressing the fatherhood/child welfare issue (i.e., homelessness, substance abuse, transportation, mental health).

19. What Fathers Say… • Fathers feel like no one is hearing them or advocating for them. • Recruiter/Facilitator needs to listen to the father’s needs before “pushing the paperwork or program”. • Facilitator will initially serve as fathers’ source of courage and self-esteem.

20. What Fathers Say… • Many men lack confidence in government programs because of past unfulfilled commitments from government programs…ex., completed job training program but never received job. • Men feel inadequate to face court system alone. “Me vs. The World” mentality. • Self support is critical…”If you can’t take care of yourself, it’s hard to focus on your child or the program.”

21. What Fathers Say… • Due to personal father-absence, many men do not have any idea how to be a father…They learn parenting in the process…”Our kids are teaching us how to be parents.”

22. What Fathers Say… • Show successful stories of fathers via video who have regained custody of their children. • Facilitator needs to consistently and continually acknowledge minor and major progress steps by the father

23. What Children Say… If your father wasn’t involved in your life, did you want to know him better or see him more? • Yes-- He’s in my life but I would love to be able to see him more.” • “Yes – Because I still love him.” • “No – I turned out fine without him.” • “Yes – I wanted to see him and know him better.” • “Yes – The system continued to schedule visits with my mom but would not let us have visits with my dad.” • “Yes – I would love it if my dad was there my whole life.” • “Yes – Because it’s kinda hard being without a dad and so many things are going wrong • “Yes – I want to feel like I have an actual father. I want to feel like he cares. I want to know my father. I want to feel like I actually have a father.”

24. Margaret Mead “The primary task of every civilization is to teach the young men to be fathers.”

25. Thank You! • Ron J. Clark, MPP Consultant Ronjclark@aol.com (757) 344-5685

26. One Father’s Story Kevin Brown is a father who is the primary caretaker for his three teenage children.  He has been their primary caretaker since they were returned to him from the Illinois foster care system in 2002.  He is also a member of the Board of Directors of the Legal Assistance Foundation of Chicago.  Mr. Brown is a member of Narcotics Anonymous and has been clean for 13 years. He has spoken at the National Conference for Court Appointed Special Advocates and at the Annual Luncheon of the Legal Assistance Foundation of Chicago. Mr. Brown grew up in Mississippi and lives in Chicago. 

27. Representing Fathers inChild Welfare Cases Richard Cozzola Director-Child & Family Practice Group LAF – Chicago IL. With references to ABA Publication Advocating for Non-resident Fathers in Child Welfare Court Cases (Vivek Sankaran, Andrew Cohen, Hon. Len Edwards)

28. To determine level of constitutional protection, look to level of involvement: “grasping the opportunity.” Quilloin and Lehr: Fathers who have not made effort to establish relationship with children, cannot use Constitution to disrupt placement. Importance therefore of establishing parental relationship via affidavit, registry, court If relationship exists entitled to due process protections. If no relationship, was there a meaningful opportunity or was relationship blocked by fraud/concealment. Constitutional IssuesVivek Sankaran

29. Protections Under State Law Vivek Sankaran Notice/opportunity to be heard/participate Visitation/Court appointed counsel Presumption of parental fitness But many states – non resident fathers lose presumption once finding that child was abused regardless of parent who abused child; once this happens burden shifts for father custody. Or father gets physical custody but court retains legal custody – decision making Some states if father willing to immediately assume care/custody, court dismisses case- granting custody to father.

30. Representing Non-Resident FathersAndrew Cohen Protect standing: establish paternity/right to participate. Advocating for client goals With client: explain process, risks benefits, other outcomes such as child support. Does he want custody or want a relative to care for child. Tell CPS client's goal of custody. Seek visitation.

31. Representing Non-Resident FathersAndrew Cohen Visits: CPS must provide, client needs to attend, if possible accept every visit. Don't be late or leave early; confirm if required. If CPS refuses visits seek court intervention If transportation impossible or agency refuses to schedule consistent with work schedule, seek court intervention – finding of no reasonable efforts. If child has negative reaction to visits, work with father and worker.

32. Representing Non-Resident FathersAndrew Cohen Services Get case plan Negotiate case plan services Parenting education services often helpful to fathers Services checklist includes: job training, housing assistance, parenting classes, anger management, NA/AA, referrals to other legal assistance, i.e. VA, housing, immigration Ask about father specific services

33. JudgesHon. Len Edwards, Ret. When potential father comes to court – positive feedback/important person in child's life. Complete paternity testing ASAP Make it clear that father may be a placement possibility Identify father's extended family; ensure they know about legal proceedings & be considered as potential placement Permit extended family to participate in group decision making processes, visitation, court hearings.

34. JudgesEdwards, Martinez, Rubin, Schroeder, Cohen Encourage agency to locate father early Consider father as resource Explain that non-custodial does not mean unfit Court appearances & services which accommodate work schedule, transportation Iowa Parent mentors Handbooks Zero to Three Project with focus on fathers.

35. Male Help Seeking and Engaging Dads • Men and women learn and seek help differently • These differences should not cloud objective assessments of the father’s interest, capacity or ultimately what is in the child’s best interest. • Father doesn’t want to do the assigned parenting class. You find out that the class is mostly women and the focus is on emotional disclosures. Will this service truly benefit this dad? • Identify services that are informational and provide concrete practical guidance. • Discussions should be action oriented and focus on planning for the future and resolving problems.

36. Learn the Law – One ExampleReasonable Efforts: Legal/Policy Background • Adoption Assistance Act – More focus on reunification; AFSA on the overall permanency goal. • Fostering Connections – Emphasis on relatives though may be difficult to find an enforcement key (check state law for more specific requirements). • Understand Artist M. and how it does not impact individual decisions. • Know the Law on Reasonable Efforts • A no reasonable efforts finding is not the end of all funding for your state child welfare agency despite what some claim.

37. REA$ONABLE EFFORT$: 45 CFR 1356.21-REMOVAL (1) Judicial determination of reasonable efforts to prevent a child's removal from the home. (i) When a child removed from home, judicial determination as to whether reasonable efforts were made, or not required to prevent the removal . . . must be made no later than 60 days from removal date . . . (ii) If the determination concerning reasonable efforts to prevent the removal is not made as specified in paragraph (b)(1)(i) of this section, the child is not eligible under the title IV-E foster care maintenance payments program for the duration of that stay in foster care.

38. REA$ONABLE EFFORT$:45 CFR 1356.21(b)(2) Judicial determination-reasonable efforts to finalize permanency plan. (i) State agency must obtain judicial determination it has made reasonable efforts to finalize the permanency plan (reunification, adoption, legal guardianship, placement with fit/willing relative, placement in another planned permanent living arrangement) within 12 months of date child entered foster care & at least once every 12 months thereafter . . . (ii) If judicial determination regarding reasonable efforts to finalize a permanency plan not made in accordance with the schedule prescribed in (b)(2)(i), child becomes ineligible under IV-E at the end of the month in which the judicial determination was required to have been made, and remains ineligible until such a determination is made.

39. Significance at Removal Hearing Feds get importance of TC. No Reasonable Efforts at TC can be a big deal, but agency has 60 days from removal to correct. Implications for what parent’s attorney – and others court people do at TC. A no reasonable efforts finding could light a fire to get services going Could tell the client something about his/her attorney and the rest of the system

40. Reasonable Efforts Later in case • At 12 Month Intervals: • If No Reas Efforts granted - Only shorts the funding for a month – unless it does not get fixed in that time. • Implications of deferring ruling with specific instructions to the agency • Implications for holding everyone accountable

41. Utilize the Law in Your WorkReasonable Efforts • Out of court -Inquire about the father/paternal relatives early…and often • In Court - All Attorneys/GALs/CASA ensure that the agency makes reasonable efforts: • Remind agency to continue efforts to find the father & paternal relatives • In court inquire about father’s whereabouts (all attys) – status of paternal relatives. • Look- for paternal relatives yourself/through client. • Asking the child (if age appropriate); Asking the mother and other known relatives about the father. • Using the Reasonable Efforts Language in Court

42. Inquire about the father and paternal relatives early…and often • If you don’t… • It prevents the child from maintaining or establishing an important connection with a parent. • It may prevent the child from maintaining or establishing connections with paternal relatives. • It deprives the child, court and parties of important information about the father’s and his relative’s capacity to parent or be involved in the child’s life. • It may delay permanency for the child if adoption is the goal.

43. Specific Issues in Representing Fathers Interview Understand Family Understand Placement Options Establish Goals/Revise Goals Disspell Myths Explain the Control in the Uncontrollable

44. Aaron-Interview & Overall Goals Interview information Genogram Job Goals clarification Story of relationship His view of mom His view of dad His view of self View/wishes for children. AA Group Decision Making Listening Rules-Kinship Clarifying Positive steps each court date Job AA Family-Kinship Rules Communicate positive view of children

45. Aaron

46. Interview and Post • Bringing the family issues to the attention of the court. • Getting agreement before court and commitment from worker in court on record to explore family. • Call the agency post court and track the issue and move on it early. • Asking court to defer reasonable efforts (or court deciding to defer reasonable efforts TC finding on its own motion).

47. Life of Case • Reasonable Services • Reasonable Visitation • Realism with Client • Giving control to client: you role – his role. • Advocacy outside of court • With worker, providers & at meetings/staffings. • Advocacy in Court • Something positive each court date • Motions to match the out of court work client does.

48. Tips for Judges and Agencies:You Can’t Have One Without the Other James W. Payne, Director Indiana Department of Child Services

49. Together We Can Agencies play the first role Agencies have to be good at what they do Agencies have to ensure fathers are there Judges have to know agencies policies Judges have to support getting fathers Judges can help ensure kids have fathers

50. Agency responsibility CAPTA, AACWA (PL 96-272), AFSA, Fostering Connections, etc Reasonable efforts findings Policy to practice Actualize practice- not formalize Create liability for failure to find fathers– Pennsylvania case