DEPENDENCY LAW AND FOSTER CHILDREN Ivy Gentry Children’s Law Center of Los Angeles

INTRODUCTION Los Angeles County “parents” about 25,000 foster children. San Bernardino & Riverside Counties have approximately 4,500 children in care. Children’s Law Center of California represents all of the foster children in Los Angeles County & Sacramento County.

WHAT IS DEPENDENCY COURT? Child Welfare Cases – Some other matters Not Criminal Court Not Family Law Goal of Dependency Court

HOW DOES A CASE GET TO COURT? Child Abuse Hotline – Mandated reporters = must report – Anyone = may report – Anonymous Investigation – Department of Children and Family Services (DCFS) formerly Child Protective Services (CPS) investigates

TYPES OF CASES WELFARE & INSITUTIONS CODE (WIC) §300 Physical Abuse Sexual Abuse General Neglect – Drugs, Domestic Violence, Dirty Home/General neglect, Medical Neglect, Mental Health. Emotional Harm (severe) Abuse of Sibling Death of another child/Cruelty Abandonment/Relinquishment

JUVENILE DEPENDENCY PROCESS

ABUSE SUBSTANTIATED

COURT CASE FILED

INITIAL HEARING Arraignment and Detention – What is alleged? Investigative phase ongoing – Where will the child live? DCFS must show evidence “reasonable efforts” were made or no safe means of keeping the child at home Non-offending parent available? Offending parent move out? Other services available? – Standard of proof: Prima Facie “at first glace” – Cannot dismiss

WHO ARE THE PLAYERS? Judge (Commissioner or Referee) Lawyer for the County Social Worker/DCFS Lawyers for the parents Lawyer(s) for the child(ren) Parents Children (as needed and as appropriate) *Relatives, Caregivers, CASA worker, Social Worker, Service Providers

CHILDREN’S LAWYER Our job is to represent the child(ren) in Dependency Court. Confidentiality Best interests of the child (sort of) Advocate for key issues for the child such as education, therapy, visits with family, or other activities.

WHERE WILL THE CHILD STAY? Relative Placement Preference & Non-Relative Extended Family Member (NREFM) Foster Care/Foster Family Agency Group Homes Regional Center Homes Shelters Other considerations: sibling group, special needs, school, concurrent planning.

FOSTER PARENTING Difficult, but so important Opportunity to show God’s love Many appointments/scheduling can be tough Specialized rates may apply Primary role: support reunification & take care of the child’s daily needs. You must also follow the directions of the social worker/court, which may be difficult to understand at times. Variety of foster caregivers Consider your heart & remember God’s heart

NEXT STEPS DCFS completes investigation Investigative Social Worker (Dependency Investigator) assigned Parties interviewed again All additional available evidence compiled

JURISDICTION ESTABLISHED 2 Part Hearing: Jurisdiction/Disposition

ADJUDICATION/JURISDICTION Terms How does the Court determine what’s true? – Settlement/Plea – Mediation – Trial Dismissal possible Standard of Proof & Burden – Preponderance of the Evidence (51%) – Nexus/Risk

PART 2: DISPOSITION Given what’s true, what do we do about it? Standard of Proof & Placement Services to the Parents (Case Plan) – Family Reunification Services Goal = reunify Specifically tailored services Incarcerated Parents Reasonable Services Indian Child Welfare Act (ICWA) Services for the children Visitation OR Bypass

BYPASS (FAST-TRACK) Possible scenarios to bypass family reunification services & proceed directly to permanence: – Prior failed reunification; prior termination of parental rights – Whereabouts unknown – Reoccurrence of sexual abuse/physical abuse – Parent caused the death of sibling – Severe sexual or physical abuse, or severe abuse under age 5 – Conceived due to rape/molestation (bypass to perpetrator only) – Mental incapacity/disability (seldom applied) – Certain violent felony convictions – Extensive unresolved history of drug/alcohol use – Parent willfully abducted the child/sibling – Parent voluntarily waives services; Safe Haven/ Relinquishment

DISPOSITION

REVIEW HEARINGS Is it safe to return? 3 possible outcomes – Return Child to Parent(s). – Continue Services – Terminate Services

REVIEW HEARINGS Is it safe to return? 3 possible outcomes – Return Child to Parent(s): Child must be returned home unless substantial risk of detriment to safety, protection, physical and emotional well-being (failure of parent to participate in programs/visit). – Continue Services if substantial probability of return at a future date or if DCFS has failed to provide reasonable services to the parent(s). – Terminate Services

WHAT EVIDENCE IS CONSIDERED? Social worker’s reports (DCFS reports) Parents’ evidence (letters, certificates) Service providers’ reports (FFAs, therapists, schools, etc.) Witnesses: parents, relatives, caregivers, children, caseworkers, service providers Police and hospital reports (business records) Arguments by lawyers

HOW FOSTER PARENTS CAN HELP Provide relevant information to the social worker, child’s counsel regarding: – Needs of the child (medical, emotional, schooling, etc.) – Progress of the parent (if known), observations during visits & behavior of the child before/during/after Support the parent/family Attend court hearings

REVIEW HEARINGS: a closer look Review hearings held every 6 months Primary issue is risk- can the child return home? – Compliance with the case plan/progress – Visitation – Standard of proof: child must be returned unless “substantial risk of detriment” still exists Case plan updates – Can visitation be liberalized? Any additional orders needed? Can be contested/set for trial/continued

HOW MUCH TIME DO PARENTS HAVE? Children under 3 (or sibling group)= 6 months of services, WIC § (e) – Continue services if parents making progress & substantial probability of return – DCFS must provide “reasonable services” Children over 3= 12 months of services WIC § (f)

REVIEW HEARINGS

ADDITIONAL TIME In “exceptional circumstances” court can extend services to 18 months, WIC § Few special cases= 24 months, WIC § Once time runs out, court focus shifts to permanency for the child

VARIABLES AFFECTING CASES County Social Worker (CSW) Attorneys Judge Other factors

WHAT IF THE PARENTS FAIL TO COMPLY?

PERMANENT PLAN HEARING New focus- a child’s need for stability What is the best plan for the child? Adoption: legislative preference – Notice – Adoptability – Terminate Parental Rights (TPR) – Exceptions – Child 12 & older – Adoptive home study – De-facto Parent status & Prospective Adoptive Parent finding Pending finalization- permanency review hearings held every 6 months

PERMANENCY OPTIONS

OTHER PERMANENT PLANS Legal Guardianship Planned Permanent Living (PPLA)/Long-term Foster Care (LTFC) Review of Permanent Plan every 6 months, WIC §366.3

OTHER IMPORTANT ISSUES Educational & medical needs Is the child having difficulty in school? Is the school reporting behavior problems? Is there an IEP? Regional Center Services? Who holds the educational rights? Are you able to serve as the holder of educational rights? Does the child need additional support/services? Services available to help the child & stabilize the placement

REASONABLY PRUDENT PARENT You are the reasonably prudent parent You can decide if the child: – Can go to the movies – Attends church – Can go to a friend’s house – Can participate in soccer, dance, etc – Friends and parents do not have to be live scanned for the child to spend time there – but you have to know who the parents are and where the child will be.

EXTRACURRICULAR ACTIVITIES Get kids involved in other things – Health – Sanity – a kid who runs for hours in soccer practice will be less hyperactive when she gets home. – It’s their right to participate in activities and interests

A FINAL WORD FOR FOSTER PARENTS

QUESTIONS?