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

1. What Counties Do That Matter And What They Are Required To Do Children in Need of Protection or Services December 3rd, 2012 Honorable Ramona A. Gonzalez, Judge, Circuit Court, Branch 1, LaCrosse County Diane Meulemans, Deputy Corporation Counsel, Marathon County Lisa Roberts, Child and Family Services Division Manager, Waukesha County DHHS

2. Today’s presentation • INTRODUCTION OF PANEL MEMBERS • BRIEF OVERVIEW OF PRINCIPLE THEMES IN CHILD PROTECTIVE SERVICES • THREE PERSPECTIVES DURING THREE STAGES OF A CPS CASE

3. Perspectives • Social / Human Services perspective • Investigations • Ongoing case management • Prosecution perspective • District Attorney or Corporation Counsel • Judicial perspective • Circuit Court or Court Commissioner

4. Process • Entry into the CPS system • CHIPS legal process from custody to disposition • Planning for permanence • What happens? • Who is responsible? • What are the challenges we face? • How have the challenges been overcome?

5. Principles that Guide our Practice • Families are the fundamental foundation of our society…they have a right to be together • The health, SAFETY and wellbeing of children are paramount • Preserving the unity of the family and strengthening family life are primary objectives within the CPS system • Children have a right to swift permanence

6. Focus on Children • 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)

7. Focus on Parents • Change happens within the context of relationships • Families are viewed as experts of their family • Service provisions must meet the global needs of the family supporting long term stability • Definition of “family” has expanded

8. Focus on Permanence • Permanency is not just a word… • Planning for permanence begins immediately as families enter the system • The CPS system must foster and maintain relationships for the child • Swift permanence is vital – ASFA, permanency reviews • Children need to be part of their own permanency process

9. Directives that Steer our Work • Wisconsin and Federal Statutes • Attention to Indian Children under ICWA and WICWA • Legislation • Wisconsin Administrative Code • Case law as established by courts • State of Wisconsin Department of Children and Family Standards and Policies • Federal, State & County Budgets

10. Overview of the Process:Entry into CPS System • Report of possible abuse or neglect • Needing supports and services • 4 Steps: • Investigation • Assessment • Analysis • Services

11. Responsibilities • Must focus on safety – present vs impending danger • Investigate not just incident but global parent, child, family functioning • Can only petition if meets statutory definitions of maltreatment • Provide ALL reasonable efforts to maintain the family together and first address safety within the home • Locate relatives first if placement outside the home necessary • Confirm the safety of any home the child is placed in

12. Challenges • New requirements set by state standards and statutes: • Sibling/family connectedness, confirming safe environments, licensing relative placements, relative search, family court placement time, CANS, contact/visitation standards, WICWA screening and tribal notification • Time/Staffing Restraints – to meet all mandates within required timelines and documentation demands • Appropriately evaluating what is an “acceptable amount of risk” • Budgeting • Community perspective of “ruining” families • Complexity of service needs – families struggle with severe MH, AODA issues, trauma, economic struggles, housing problems

13. What’s Working? • Teaming with community partners – CARE centers, police, courts, various working cmtees(e.g. drug affected infants, LSS Safety Services) • Improved communication with partners and public – partnering/educating • Improved practices – evidence based approaches; understanding trauma • Use of technology – ewisacwis gives us statewide/historic necessary info. • Innovation – GIS system • Better focus and working definition of safety

14. Prosecution OverviewEntry into System • District Attorney or Corporation Counsel represent the state • Discretion to file • Due Process Protections • Service • Notice • Rights of Parents • Neglect: failure to provide necessary care = seriously endanger the child’s physical health • Abuse: non-accidential physical injury; sexual abuse/contact/ exposure; meth lab in home; emotional damage; drug use by expectant mother

15. Challenges in Prosecution • Fluidity of information at point of removal • Reasonable efforts standard prior to removal • Coordination with alternative response programming • Reliance on court services and judiciary to accomplish timeframes • 48 hours from removal to first hearing • Burden of proof: probable cause

16. What’s Working in Prosecution? • Coordinated efforts to share investigative information • “Target” docket time for scheduling for court hearings • Use of technology • Personal service on parents at point of Temporary Physical Custody Hearing • Relative involvement for placement

17. Judicial Perspective at Family’s Entry into CPS System • What is role for Court at point of entry? • What is Court’s responsibility at point of entry? • What are challenges faced by the Court during this phase? • What steps has the Court taken to overcome challenges? • What’s working?

18. Overview of the CHIPS On-Going Process • See handouts…Child Protective Services – Out of home Timeline and Court Flowchart • Assessment and Planning process • Confirming Safe Environments • Permanence Determinations and Achievement • Case Evaluation Process • Case Closure Process

19. Challenges • New requirements set by state standards and statutes: • confirming safe environments, trial reunifications, contact standards, permanency roundtables, foster parent training requirements, permanency planning considerations, WICWA active efforts • Time restraints – training/documentation • Implementation • “1 more thing”…constant change and need to adapt • Need for increased oversight • Available resources • Losing valuable “social work time”

20. What’s Working? • Constant evolution and improvement of practice – QSR, Organizational effectiveness, Trauma Partnerships, • Improved practice models for partnering, engaging, collaborating • Reduced duplication of services • Improved communication and collaboration with family, partners, teams • Better qualified caretakers • Improved focus on Safety, Wellbeing and Permanence

21. On-going CHIPS Prosecution • Prosecution of the CHIPS case – Handout • Attorneys for Parents • Attorneys or Guardians ad Litem for Children • Civil Rules of Procedure; Not criminal • Due Process Protections • Adjudication based on “snapshot” at time of filing; may be adjudicated if only 1 parent neglectful/abusive

22. Challenges in Prosecution • Absentee parents • Potential dual track of CHIPS and criminal charge for same incident • Statutory time frames (hearing minimum of every 30 days) • Unadjudicated fathers • Indian Children – additional parties; statutory elements • Burden of proof: clear, satisfactory & convincing

23. What’s Working in Prosecution? • Settlement and Pre-trial conferences • Order for Release of Records for Discovery • Phone appearances for incarcerated parents; geographic distances; parents in treatment facilities • Standardized conditions for Return and Supervision • Collaborative efforts with Child Support Agency – exchange of location and paternity information

24. Judicial Perspective: CHIPS Prosecution • What is the role of the Court in a CHIPS Case from Temporary Physical Custody Hearing to Disposition? • What challenges or barriers exist for the Courts in CHIPS cases? • What have the Courts done to overcome the challenges involved in CHIPS litigation?

25. Overview/Requirements- Permanence: • Initial permanency plans - Concurrent Planning Criteria – prognosis indicators • Permanency Plan reviews/hearings • ASFA – 15/22 months • Permanency Options – now include subsidized guardianship and OPPLA but not independent living or long term foster care

26. Challenges • Schizophrenia of concurrent planning • Challenges of incarcerated parents • Permanency planning on WICWA cases • Balancing swift timely permanency for children with time needed for the change process for parents with complex issues • Permanence through TPR severs ALL family relations (minus sibs)

27. What’s Working? • Concurrent planning from entry into the system • Transparency with family, court, partners • Meaningful hearings/reviews regularly • Participation of ALL parties – parents, CHILD, social worker, court staff, partners, caretakers • Legislative consideration of how to address the challenges

28. Prosecutor’s Role in Permanence • Ensure court’s continued involvement in process: • Changes to permanence goals must be approved by the court • OR if panel recommends a permanence goal that conflicts with the Department’s goal • Revise conditions to meet a family’s changing needs

29. Challenges to Prosecutors in Permanence Planning • Same as described above in Social Services’ role • Making court hearings meaningful • Absentee parents • Family court placement requirement • Strategic planning for potential TPR grounds • Difficult for counties where CHIPS done by Corporation Counsel and TPRs done by DA or outside counsel

30. What’s Working? • Pretrial conferences • Telephone participation for incarcerated parents; parents unable to travel to court • Social Worker preparation; thorough case management

31. Judicial Perspective in Permanence • What is the Court’s role in obtaining permanence for children in out of home placement? • What obstacles or barriers are experienced by the Court in achieving permanence? • What’s working for the Court in overcoming these obstacles?

32. LOOKING FORWARD FOR CHIPS CASES: • From the Social Services’ perspective: • From the Prosecutor’s perspective: • From the Bench:

33. 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." • Nelson Mandela