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CJI. Reducing Trauma in Children by Ensuring Involvement of Fathers Nancy K. Jones, Hennepin County Attorney’s Office Kevin McTigue, Hennepin County Human Services & Public Health Dept. DILIGENT EFFORTS. Identify & locate both parents Ask custodial parent for info

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Reducing Trauma in Children


Ensuring Involvement of Fathers

Nancy K. Jones, Hennepin County Attorney’s Office

Kevin McTigue, Hennepin County Human Services & Public Health Dept.

diligent efforts
  • Identify & locate both parents
    • Ask custodial parent for info
    • Contact Child Support Agency
    • Search FAR
reasonable efforts
  • Identify
  • Locate
  • Offer Services
  • Both parents
reasonable efforts1
  • Assess father’s willingness & capability to provide care
  • May include Netstudy
  • Consider only if +genetic test
    • Require paternity establishment
  • Obtain authority from mother or court for “placement”
reasonable efforts2
  • Prepare OHPP for each parent if child cannot be placed with either
  • Report to court diligent efforts to ID & locate parent if identity and/or whereabouts unknown
assessment background study
Assessment/Background Study
  • Must be “reasonable cause” before Netstudy
    • Info that creates “articulable suspicion”
  • Must believe placement with father would endanger child before denial
  • 15 days notice to father & opportunity to be heard
  • Consider Minn. Stat. 518.179
adjudicated father rule
Adjudicated Father/Rule
  • Determined by court or Recognition of Parentage to be biological father
recognition of parentage
Recognition of Parentage
  • Requires notarized signatures of both parents attesting to child’s paternity
  • Same as court order adjudicating paternity if filed w/ MN Dept of Health
    • Except when only creates presumption
  • Does not give father right to visitation or custody
kinship search
  • Includes maternal & paternal relatives even if paternity not adjudicated
  • Important friend with whom child resided or had significant contact
  • Members of extended family as defined by law or custom of tribe
presumed father
Married to child’s mother when child born

Child born w/n 280 days of divorce

Marries mother after child born & on b.c.

Declaration of Parentage pre 8-1-95

Lived with & held child out as his

ROP but mother married

More than one ROP

ROP & other presumed father

ROP & minor parent

Presumed Father
genetic testing
  • Treat as if presumed father if positive test
  • Right to notice
  • Right to assessment
  • Right to day to day care
  • Duty to cooperate with establishment paternity
alleged father
Alleged Father
  • Claimed by party or participant to be father
  • Child born prior to 1-1-98
    • Filed affidavit of intent to retain parental rights w/n 90 days of child’s birth
  • Child born on & after 1-1-98
    • Registered with Fathers’ Adoption Registry w/n 30 days of child’s birth
fathers adoption registry
Fathers’ Adoption Registry
  • Mn Department of Health
  • Register w/n 30 days child’s birth or
    • Lose right to notice of adoption
    • Lose right to notice of Juvenile Protection TPR or permanency proceeding
  • Certificate of search required for adoption
    • Or certified copy of TPR that certificate of search filed w/court in Juvenile Protection proceeding
legal parent per 260c
Legal Parent per 260C

Legal parent/child relationship that confers rights, privileges, duties & obligations

  • Presumed father based on marriage & no action to declare nonexistence
  • Presumed father because lived with & held out as father & court adjudication or ROP
  • Competing presumptions & court adjudication or ROP
  • No presumption but court adjudication or ROP
  • Positive genetic test & court adjudication or ROP
fathers i c w a
Fathers: I.C.W.A.
  • Biological parent
  • Unmarried father not “parent” unless paternity is “acknowledged or established”
  • Tribal customs/laws control on how to “acknowledge or establish” paternity
juvenile protection petition
Juvenile Protection Petition
  • Names/Addresses parents
    • Birth, legally adjudicated or adoptive
  • Name/address legal custodian
    • Person who by court order or statute has sole or joint legal or physical custody
  • ICWA status
  • Parties
  • Participants
legal custodian
Legal Custodian
  • Joint legal/physical custody if married & not divorced
    • Equal rights to parenting time/visitation
    • Unless court order establishing otherwise
  • Mother sole legal/physical custodian if not married to father until c.o. otherwise
  • Father thru ROP or adjudication only has custody/parenting time per c.o.
court parties
    • Sole or joint legal or physical custodian
  • Permanency/TPR
    • Parents
    • Adjudicated father
    • Presumed father
    • Filed with Fathers’ Registry
    • Entitled to notice of adoption proceeding
court participants
    • Noncustodial
    • Presumed
    • Adjudicated
    • Alleged
    • Alleged Father per Rule
    • A/F no right to notice per statute
court proceedings
Court Proceedings
  • Right to be heard if have legally recognized parent-child relationship
    • Disposition
    • Parental visitation
    • Out-of-home placement plan
  • Right to appointment of counsel
  • Does not confer party status
court responsibilities
Court Responsibilities
  • Inquire at 1st hearing if identity & whereabouts both parents known
    • Make inquiry of those present
    • Inquire at subsequent hearings
  • Have known parent sworn to provide info on identify or whereabouts of other
  • Make findings on whether
    • Agency made diligent efforts
    • Both parents located
    • Both parents served
court responsiblities
Court Responsiblities

Identity and/or whereabouts unknown

  • Find insufficient diligent efforts:
    • Order agency to take further steps
    • Order specific efforts to be made
  • Find sufficient diligent efforts:
    • Make “reasonable efforts” finding
    • Decide whether further efforts for reunification would be futile
    • Relieve agency of requirement to identify and/or locate upon finding of good cause
court dispositions
Court Dispositions
  • Protective supervision in home of noncustodial parent/father
    • Does not confer legal custody
    • Must have +genetic test
    • Must cooperate with paternity establishment
    • May be conditions or case plan
    • Must have permanency hearing
court dispositions1
Court Dispositions
  • Establish father-child relationship under CH 257
  • Establish permanent custody with noncustodial parent/father
  • Agency may petition for paternity establishment & custody in same permanency proceeding
paternity proceedings
Paternity Proceedings
  • Father’s rights
    • Court-appointed counsel
    • Genetic tests
    • Jury trial
  • Order requirements
    • Name of legal father
    • Name to be added to birth certificate
    • Custody & parenting time
    • Name of child
    • Social security numbers
    • Important Notice requirements
dismissal on father w o tpr
Dismissal on Father w/o TPR
  • Presumption by marriage may be renounced by joinder to ROP
  • ROP may be vacated
  • Presumption of paternity may be rebutted in action to declare nonexistence of the father-child relationship
    • Or court adjudication of another as father
    • Or marriage dissolution judgment

Nancy K. JonesHennepin County Attorney’s Officenancy.jones@hennepin.us612-348-8371Kevin McTigueHennepin County Human Services & Public Health Departmentkevin.mctigue@hennepin.us612-348-7120