Fostering Connections Beyond Bars Supporting Children of Incarcerated Parents Children’s Justice Conference May 2nd, 2016 Presenters: Shayne Rochester, Parent Alley and Formerly Incarcerated Parent, Washington State Parents Advocacy Network Lillian M. Hewko, Attorney, Incarcerated Parents Project, Washington Defender Association Carrie Kendig, MSW, Family Services Program Manager, Office of Performance Partnerships & Analytics, DOC Mary E. Pagni-Leavitt, CFWS Program Manager, Children’s Administration, Division of Program and Policy, DSHS

Overview  Part 1: Impact of Incarceration and Child Welfare System on WA Families  Shayne’s Story  Stats & Myth Busting  Breakout Session 1  Part 2: Law & Policy  SHB 1284  DSHS Policy & WACs  Alternative Sentencing Options  Part 3: Strategies and Solutions  Breakout Session 2  Takeaways

Part 2 LAW & POLICY

SHB 1284 “Children of Incarcerated Parents Bill”  Policy Goals:  Prevent unnecessary separation of families as it is devastating to children in foster care  Support family reunification which is linked to reduced recidivism for parents, greater family stability, and improved emotional response for children. Amended RWCs , , and and

SHB 1284 Gives Families  Access to  Case conference meetings  Responsive Permanency planning  Visitation  Extension of Child Welfare Timelines  Good Cause Exception  Guardianship and Open Adoption  Parents in long-term incarceration  Rights at Termination M.L. and her 3 year old son at WCCW Holiday Event 2014, she gave birth to her sons In jail and she has been successfully parenting from prison. Photo credit: Maria Bryk Photography, 2015

At Shelter Care and Early Stages of the Case ACCESS TO HEARINGS AND CASE PLANNING

RCW (3): Participation via Phone or Videoconference  A parent who cannot participate in a case conference because of incarceration must be given the option to participate via phone conference or videoconference. RCW (3) (emphasis added)  Note a case conference can be called at any stage  Parent for Parent Peer Support Program -find out if your county has a program.  King County: ent_p2p_programs/coordinators/

RCW (2)(b)(i)(A): Creates Requirements for Service Plan  The Service Plan must address the needs of an incarcerated parent:  including the ability to participate in meetings,  the treatment available in the facility where confined, and  it must provide for visitation, unless not in the best interest of the child. RCW (2)(b)(i).  Best interest & Visitation (see slides 10-22).

Fix Incorrect Service Plans  Develop an ideal service plan by working with parent and parent's attorney, this will serve to have the plan reflect services available where the parent is incarcerated, as well as engage the parties in a cooperative manner early on and throughout the case. RCW (2)(b)(i).  Fix any errors in service plans and modify when circumstances change, e.g. jail to prison, prison to re-entry.

Law Supporting Access to Services  Under the State must provide services for the specific purpose of making reasonable efforts to remedy parental deficiencies identified in a dependency proceeding. RCW  When more resources are needed, you can use RCW to get support for your families  “The Department shall coordinate within the administrations of the department and with contracted service providers, in order to provide any services ordered by the court for purpose of correcting parental deficiencies…” RCW (2)(a-d).  Not providing funding for services can delay permanency, which can cost more in the long term.  See conference handout on DSHS Contracted Service Providers.

Around Permanency Planning stage GOOD CAUSE EXCEPTION, MEANINGFUL ROLE STANDARD

SHB 1284: Creates a Good Cause Exception to Delay Filing  Created an additional “Good Cause” exception where a parent is incarcerated or the parent’s prior incarceration is a significant factor as to why the child has been in foster care for 15 of the last 22 months, as long as the parent has maintained a “ meaningful role” in the child’s life. RCW (5)(a)(iv).

Prior Law Allowed Exceptions in the Adoption and Safe Families Act  Don’t need to file if:  The child is being cared for by a relative;  The department has not provided to the child's family such services as the court and the department have deemed necessary for the child's safe return home;  Or the department has documented in the case plan a compelling reason for determining that filing a petition to terminate parental rights would not be in the child's best interests.

It takes more time to navigate 2 systems!  Allows State to delay filing without violating federal timelines.  Court won’t extend the case indefinitely, it’s required under law that the good cause finding be evaluated at all subsequent hearings, establishing about a six- month period before the parent’s progress will be reviewed in light of the best interest of the child. RCW

SHB 1284: RCW (5)(b): Guides Court on Meaningful Role Assessment  Supports and outlines what parenting from prison may look like: expressions of concern such as letters, phone calls, visits and other forms of communication. RCW (5)(b)(i).  When assessing the meaningful role standard, the court may look at e fforts to communicate with state, and comply with services. RCW (5)(b)(ii).  The court can assess whether an exception would aid the best interests of the child (5)(b)(vi).

Assessment of Meaningful Role should draw upon a wide range of people  Allows the court to use information provided by the parent, service providers and other individuals working closely with the parent, such as volunteers, program staff, and counselors, in order to make the assessment. RCW (5)(b)(iv).

Social Workers can Help Remove Barriers  When evaluating a good cause exception, the new law asks the court to look at barriers and limitations imposed on a parents their ability to maintain a meaningful role.  A parent may be able to receive a good cause exception if there were limitations in access to family support programs, therapeutic services, visiting opportunities, restrictions to mail and telephone services, and inability to participate in planning meetings, and difficulty accessing lawyers and meaningfully participating in court proceedings. RCW (5)(b)(v).

SHB 1284: Protections when failure to complete services was due to incarceration  SHB 1284 Gives Families a Second Chance where Aggravated Circumstances for Failure to Complete Services was Due to Incarceration  Where constraints of a parent’s current or prior incarceration and associated delays or barriers to accessing court-mandated services existed, it may be considered as a rebuttal to a claim of aggravated circumstances under RCW (4)(h) for a parent’s failure to complete available services. RCW (5)(c).

Protections at Termination Stage MEANINGFUL ROLE, REASONABLE EFFORTS AND PROTECTIONS FOR LONG-TERM INCARCERATION

RCW : Termination Stage  Published decision by the Court of Appeals for Division I, the Court made it clear that the requirements added by SHB 1284 to RCW (1)(f) the court must consider the new factors of the law in their decision because they are part of the elements necessary to terminate the parental rights of an incarcerated parent.  See In re Dependency of A.M.M., No I, 2014 WL (Wn. App. Aug. 4, 2014). [6]  Several Important Cases on Appeal to Supreme Court: In re DLB and In re KJB.

RCW (1)(f):Additional Factors for Incarcerated Parents  If the parent is incarcerated, in order to prove that the parent child relationship clearly diminishes the child’s prospects for early integration into a stable permanent home, the court shall consider:  Whether a parent maintains a meaningful role in his or her child's life based on RCW (5)(b),  Whether DSHS made reasonable efforts as established under RCW 13.34, and  Whether particular barriers existed.

RCW (2): Provides Another Look at Barriers before Termination  If there is evidence that incarcerated parent did not:  Receive services,  experienced delays and barriers to visitation and other meaningful contact,  or could not be found due to their imprisonment may be used to challenge termination  The court may consider a showing as evidence of rebuttal to any presumption established pursuant to (1)(e)).  (1)(e)” That there is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future. A parent's failure to substantially improve parental deficiencies within twelve months following entry of the dispositional order shall give rise to a rebuttable presumption that there is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future. (emphasis added)

RCW (5):Parents in Long- Term Incarceration  Alternatives to Termination and Open Adoption  For a parent in long-term incarceration who is able to maintain a meaningful role in a child’s life DSHS should seek a permanent placement (other than adoption), such as non-parental custody or guardianship, that would allow the parent to maintain the relationship.  Parents could show show they maintained a meaningful role through visitation, phone calls, letters.

Guardianship is a Form of Permanency  Guardianship is a form of permanency under the dependency statutes.  It was meant to be used for incarcerated parents:  When the law passed, Rep. Mary Helen Roberts stated: “…a good step to better meet the need of children who have an incarcerated parents...” [7]

DSHS Policy Perspective PARENT-CHILD VISITATION PURPOSE

LAWS Guiding Practice:  Adoption and Safe Families Act P.L Adoption and Safe Families Act P.L  Federal Indian Child Welfare Act Federal Indian Child Welfare Act  Washington State Indian Child Welfare ActChapter Dependency & Termination of Parent Child Relationship Washington State Indian Child Welfare ActChapter Dependency  RCW 9.94A - Sentencing Reform Act of 1981 RCW 9.94A - Sentencing Reform Act of 1981

Policies Guiding Practice:  Termination of Parental Rights – Compelling Reasons Termination of Parental Rights – Compelling Reasons  Parent, Child, and Sibling Visits Parent, Child, and Sibling Visits  Permanent and Concurrent Planning Permanent and Concurrent Planning  Monthly Visits with Parents Monthly Visits with Parents  DOC Confinement Alternatives DOC Confinement Alternatives  Shared Planning Shared Planning

Parent-Child Visitation DSHS Purpose  Provides opportunity for parent to demonstrate and strengthen parenting skills  Provides opportunities to maintain sibling connections  Provides opportunities to maintain connections with extended family  Provides opportunities for cultural and community connections.

Visitation Policies  Efforts must be made to hold a visit within 72 hours of placement.  The initial visit for the child and parent must occur within 5 business days of placement or the VPA being signed unless contraindicated due to safety concerns.  If this first visit does not occur within 5 business days, the CA Worker will document the reasons why in a case note.

Are monthly visits with incarcerated parents required?  Assigned CA staff must conduct monthly visits with parent(s) or legal guardians involved with the case plan.  If parent(s) are incarcerated these visits can be in person, by telephone, of by mail.  A parent in prison does not fit the exception of being contrary to a social worker’s safety. Are parent/child visits required for parent(s) in prison?  Parent/child visits are the right of the family when visits are in the best interest of the child.  Visitation between parent and child cannot be denied based solely on the parent’s incarceration.

Key Elements  Visiting plans should be reviewed at all shared planning meetings that include the parents, CASA, attorneys, family and friends. Every effort must be made to include incarcerated parents in these meetings.  If a Tribal worker is assigned to the child’s case, his/her participation in the development of the visiting plan is requested.

Key Elements  If a judge orders a parent to have a psychosexual evaluation, CA may, with court approval, reassess the parent/child visitation plan, specifically looking at duration, supervision and location.  When a parent or sibling is identified as a suspect in a violent crime, CA will make an effort to consult with the assigned law enforcement officer before recommending any changes to parent/child/sibling contact.

Visit Plans  Visit Plans and Decisions  Reviewed in Shared Planning Meeting process  Written plan with specific information documented in FamLink and provided to all stakeholders  Considerations in visit plans  Age and vulnerability of the child  Child’s perspective  Safety  Well-being  Permanent Plan for the child

Visit Plans Cont.  A written visiting plan should be documented in FamLink and reviewed prior to each court hearing.  Plan should include:  Frequency  Location and transportation  Participants and their roles  Whether unsupervised, monitored, or supervised  Expectations (rules)  Rescheduling procedures  Responsibilities/tasks of parties

Phases of Visits  Initial Phase - Focus is on maintaining ties and safety; generally supervised and controlled for location & length  Intermediate Phase - Visits typically occur more frequently, for longer periods of time, in a greater variety of settings & with gradually reduced supervision  Transitional Phase - Focuses on smoothing the transition from placement to home

Challenges & Solutions  All parties in a dependency action have a responsibility in developing a visit plan to ensure parents and children have regular contact. Children of Incarcerated Parents Kids United By Incarceration Camp, DOC

DOC Alternative Sentencing Options for Parents

Alternative to prison sentence as options to support parents Family Offender Sentencing Alternative: RCW 9.94A.655  DOC provides a pre-sentencing assessment  CPS history shall be reported regardless of existence of dependency case  CWS/tribal CWS provides information regarding open case or prior founded referrals & report to sentencing judge*  Imposition of FOSA is a waiver of imposition of sentence in favor of 12 months of community custody with conditions  Failure to comply may result in sanctions or imposition of standard sentencing range (minus credit for time already served)

CPA: Early Release for Parenting Community Parenting Alternative Program RCW 9.94A.6551  Parenting-based early release program  Advocates for incarcerated parents can be proactive in developing an accurate record of cooperation and parent-child bond prior to incarceration, educating the CWS social worker about CPA, and advocating to DOC for EHM  CPA-no violent offenses.  Purpose of the statute is to protect individual’s relationships with their minor children. May be helpful to emphasize the harm to the children that will result from a prison sentence.

Parenting in Prison-WCCW Residential Parenting Program  Pregnant at time of admittance to WCCW  Non-violent offense, no history of crimes against a child or sexual offenses.  Limited to women who will be released within 30 months of their babies expected delivery  Contact supervisor for the Receiving Unit at WCCW

Fishbowl Solutions-How to Address Barriers

Breakout # All Where do we go from here?

Challenge of Establishing Paternity  Start as soon as possible!  Don’t wait for prosecution office  Under you ONLY NEED BIO parent not legal parent to start reunification services, visitation etc.  If attorney-go through the Office of Public Defense  If social worker/casa, GAL-go through CA

Visit Support  Communication with Your Client:  The policy for your clients and their phone use at the prison can be found at under:  DOC pdf  Headquarters Visitation Specialist  Currently: Visit Specialist  Connect Network Phone line:  The phone number for attorneys to call and set up a secure line is You set up a pre-paid account via this hotline or via  The phone service connection allows you to talk for 20 minutes at a time, where your client can call you, but they can’t leave messages, so best to set up a predetermined time to call.  Calling via Counselor at the Prison:  You can also try to work with your client’s counselor, however they are not obligated to allow your client to use their phone. It is also not a confidential environment as the counselor will be in the room. However, it is a great connection to try and make to contact your client in a quick manner.  ing your client:  One of the easiest ways to start is the counselor, and then if not via Jpay— you can send s (there are some issues, you can’t attach documents, and it isn’t entirely confidential with the waivers you have to sign to use jpay). 

More Resources!  See CJC website for handouts:  See CITA website:  Washington Defender Association, Incarcerated Parents Project

Closing Next steps

15% Solution  What is your 15%, where do you have discretion and freedom to act?  What can you do without more resources or authority?

Thank you!