Permanency Planning From Day One

Every child is born with the beautiful potential to become wonderful human beings who experience love, joy, growth and make positive contributions to themselves, the people they love, and to all members of society…

Sometimes things occur in children’s lives that can interfere with children’s abilities to reach their beautiful potential… such as child abuse and neglect

By the End of this Session You will be able to: • Describe process of reasonable efforts and aggravated circumstances • Explain difference between reasonable efforts and active efforts • Define permanency and explain its importance in our work • Define concurrent planning

By the End of this Session: Continued You will be able to: • List the types of permanent plans in their priority order and explain why that order meets the needs of children • List timeframes for permanency planning, court hearings, and shared planning meetings • Describe case practices to create timely permanency Handout: DSHS 02-607 Guidelines for Reasonable Efforts to Locate Children and/or Parents

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Reasonable Efforts Means Providing efforts to: Prevent unnecessary removal Reunify Provide timely permanence Implications Reunification is a safety decision Not about what family is “better” Handout: DSHS 02-607 Guidelines for Reasonable Efforts to Locate Children and/or Parents

In Other Words…. Reasonable efforts: Must be made. Don’t leave court without it! Unless “The parent has subjected the child to aggravated circumstances as defined by state law and the court orders that efforts do not need to be made.”

Aggravated Circumstances Rape of a Child Criminal Maltreatment 1st or 2nd Degree Assault Murder, manslaughter or homicide of the child’s other parent, sibling, or another child Various sexual crimes Prior TPR (with no perpetuated changed) RCW 13.34.132 (4) Handout Exceptions to Reasonable Efforts

Active Efforts for ICW Advocacy: counseling, treatment, housing, financial assistance Setting up and confirming appointments Providing transportation Involving extended family and cultural resources Maintaining contact and consultation with tribes and organizations The concept of “active efforts” goes along with what we know is best practice. Active efforts are especially required on Native American/ Alaskan Native/ First Nations cases. They imply “going the extra mile” to assure that historically underserved and oppressed people are supported and their family structure maintained.   These are some examples of what “active efforts” mean. The Solution-Based Casework principle of eliciting the family’s perspective and potential solutions, and collaborating with the family in a strength-based service and case plan fits well with the concept of active efforts.

Break into groups of 3 Write down your definition of Permanency

Definition of Permanency An unconditional life-long commitment by an adult who is nurturing and competent, who can provide a child with physical safety, emotional security and a sense of belonging.  

What is Permanency Planning? Permanency planning is, first and foremost, planning. Process directed toward the goal of a permanent, stable home for a child.  Begins at intake, and focuses Child Welfare services on the child's need for a stable, permanent home during all phases of practice.

Basic Permanency Assumptions Children have a right and need to live and develop within safe, secure, and permanent families. Children have a right to live with parents/caregivers whom they can love, trust, and depend upon. Separation for extended periods of time may result in tremendous psychological and developmental disruption. A child's perception and experience of time are determined by his level of cognitive developmental maturity.

Permanency Planning Starts at first contact Protects the child Preserves cultural and family connections Protects primary attachments OR Creates new ones

Permanency Options/Legal Plans In order of preference: Return Home Adoption Third-party custody Guardianship Not a Permanent Legal Plan Long Term Care Agreement with Foster Parent or Relative

Return Home First priority for most cases Parent(s) resume all legal rights and responsibilities Court may close case or maintain adjudication of dependency Agency may provide follow up service or close case

Conditions for Return Home 3 Conditions for Return Home include: ● Existing threats can be controlled and managed with an in-home plan or threats no longer exist and the child is safe ● Parent’s recognizing, acknowledging, and understanding the threats Conditions for return home are determined by CA following a thorough safety plan analysis. The 4 safety plan analysis criteria identifies what needs to be different in the family home for an in home safety plan to work. These conditions are shared with caregivers and documented in the out-of-home safety plan. Safety threats don’t have to be reduced or eliminated in order for a child to return home with an in home safety plan. ● Development of a sustainable in-home safety plan

Reunification Prevalence Most likely outcome Federal standard 68 returned home in 12 months Washington State About 50% of exits from care each year are reunifications** About 70% of children returned home within 12 months*** * Children’s Bureau, 2011; ** Year in Review 2011, 2010; *** WA state Quality Assurance Report, 2010

Reunification Case Scenario Mr. Lopez and Kristina

Adoption as a Permanency Goal Parental rights are terminated either involuntarily or through relinquishment Adoptive parent(s) are granted permanently all legal rights they would have had they been the biological parents Child is issued a new birth certificate Adoptive parent(s) could receive adoption support Parent(s) are no longer responsible to pay child support Agency and court will close case Consider Adoption per 4540. Adoption Services policy when a child is unable to return home and when all the following conditions are met: The child was removed from parents and is dependent. Parental rights will likely be terminated by the court or relinquishment has been or will be accepted by both CA and the court. Reasonable efforts were provided to the parent(s) to safely reunify the child to their care. The parent(s) have not made sufficient and timely progress in addressing the parental deficiencies that brought the child into care and this is documented in the case file. The plan is in the best interests of the child. Aggravated circumstances may exist. The child has been consulted about the permanent plan when age appropriate. Children over the age of 14 must sign consent for the adoption. The child and sibling are in the same placement and the permanent plan is adoption for that sibling. The prospective adoptive apparent has an approved adoptive home study per 5330 Family Home Study policy.

Third Party Custody as a Permanency Goal Is in the best interests of the child Reunification and adoption have been ruled out as permanent plans The proposed custodian(s) has made a commitment to parent the child Parental rights are not terminated Typically, no further agency or court involvement. Parent(s) may petition the court to be reconsidered as a placement option in the future Consider Adoption per 4540. Adoption Services policy when a child is unable to return home and when all the following conditions are met: The child was removed from parents and is dependent. Parental rights will likely be terminated by the court or relinquishment has been or will be accepted by both CA and the court. Reasonable efforts were provided to the parent(s) to safely reunify the child to their care. The parent(s) have not made sufficient and timely progress in addressing the parental deficiencies that brought the child into care and this is documented in the case file. The plan is in the best interests of the child. Aggravated circumstances may exist. The child has been consulted about the permanent plan when age appropriate. Children over the age of 14 must sign consent for the adoption. The child and sibling are in the same placement and the permanent plan is adoption for that sibling. The prospective adoptive apparent has an approved adoptive home study per 5330 Family Home Study policy.

Guardianship as a Permanency Goal Reunification, adoption and third party custody have been ruled out as permanent plans The proposed guardian(s) has made a commitment to parent the child The proposed guardian has completed a home study The child is 12 years or older The Regional Administrator or designee must approve the proposed dependency guardianship.

Long Term Care Agreement Reunification, adoption, third party custody, and guardianship have been ruled out The child has been in this identified home for a minimum of 6 months The child is 16 years or older Agency maintains legal custody and is responsible for placement Parent(s) maintain right to participate in case planning and visitation Consider Adoption per 4540. Adoption Services policy when a child is unable to return home and when all the following conditions are met: The child was removed from parents and is dependent. Parental rights will likely be terminated by the court or relinquishment has been or will be accepted by both CA and the court. Reasonable efforts were provided to the parent(s) to safely reunify the child to their care. The parent(s) have not made sufficient and timely progress in addressing the parental deficiencies that brought the child into care and this is documented in the case file. The plan is in the best interests of the child. Aggravated circumstances may exist. The child has been consulted about the permanent plan when age appropriate. Children over the age of 14 must sign consent for the adoption. The child and sibling are in the same placement and the permanent plan is adoption for that sibling. The prospective adoptive apparent has an approved adoptive home study per 5330 Family Home Study policy.

Achieving Permanency in a More Timely Manner CONCURRENT PLANNING Achieving Permanency in a More Timely Manner

Concurrent Planning Concurrent planning is working towards family reunification while, at the same time, implementing an alternative permanent plan Concurrent Planning is a process of working towards family reunification while, at the same time, developing an alternative permanent plan. Planning occurs concurrently rather than sequentially. In addition to the development of the plan itself, concurrent planning requires that caseworkers work toward reunification of a child with his or her own family while, at the same time, work on the tasks identified in the alternate plan that has been developed to help the child achieve permanency.

History of Concurrent Planning Conceptual birth of concurrent planning Adoption Assistance and Child Welfare Act of 1980 Washington State lead the way!! Adoption and Safe Families Act of 1997 Concurrent Planning is a process of working towards family reunification while, at the same time, developing an alternative permanent plan. Planning occurs concurrently rather than sequentially. In addition to the development of the plan itself, concurrent planning requires that caseworkers work toward reunification of a child with his or her own family while, at the same time, work on the tasks identified in the alternate plan that has been developed to help the child achieve permanency.

Goals of Concurrent Planning To promote safety, permanency, well-being of children/youth To achieve timely permanency To reduce the number of moves for children and youth To continue significant relationships Fewer placements while in foster care when children/ youth are placed with resource families who support reunification and relative placement, yet stand ready to be the child/youth’s permanent family should such efforts not be successful Earlier permanency through reunification or another permanency option Greater opportunities to benefit from all the caring adults in their lives as resource families and birth parents jointly work together to meet the child/youth’s needs

Concurrent Planning Includes:

Concurrent Planning Practices Parents informed of concurrent permanency planning process from day one Parents must have opportunity to provide input on the alternate plan Alternate plan is only initiated after court determines reunification is no longer the goal Goal is timely permanency for children in care Large Group Discussion: CPS must make attempts to introduce the concept, but focus on the agency’s efforts to ensure timely permanency. Make sure that parents understand that reunification is first and foremost. A concurrent plan is only a back up plan. The court, not the agency, determines when permanency goals change. Ask the group for best ways to bring up concurrent planning to parents during early team meetings. Utilize experience in the room to develop strategies that have or are likely to be successful with various types of client. Possible answers: Discuss permanency plans with parents and placement caregivers early and often. Use shared planning meetings. Ensure that foster parents/caregivers are involved and informed. Always let parents know exactly when and how services/action steps are to be completed

Where in my casework does all this happen?

Timeframes for Permanency 30 days from OPD- Identify initial primary and alternate permanent plans 90 days from OPD - The first court review 6 months from OPD – File TPR when the parents have failed to engage in case plan 9 to12 months from OPD - Permanency planning hearing Alternative Plan becomes Primary Plan if child will not be returned home in next three months 15 of the last 22 months – File TPR unless compelling reason exists or alternate plan is finalized

Compelling Reasons IF NOT FILING A TPR when a child has been out of home 12 of past 19 months. DOCUMENT COMPELLING REASONS: Youth opposes adoption Relatives, who are permanent placement, do not want to adopt Parents have made significant progress and reunification will occur in the next 3 months

Why All This Matters Length of Stay Impacts Permanency The Longer a Child is in Care: - The more likely to experience repeated moves - The less likely to be reunified In Washington 40% of children in care for longer than 1 year are still in care after 3 years.

How Can We Help

Case Practices to Create Timely Permanency Completing a comprehensive relative search Providing monthly parent-child-sibling visits Doing a genogram with the family to identify placement resources Quickly placing a child with a permanency family Referring child for a comprehensive assessment Referring permanency family for an AHS

Steps to Decrease Length of Stay Reasonable efforts to reunify Comprehensive relative search Shared planning meetings Early court reviews Visits Permanency Roundtables

Thoughts to Remember Reunification is best Monthly contacts with parents should always refer back to case plan objectives Extended family and community supports are important Respect the uniqueness of every family

More Thoughts to Remember Individual child rearing methods that represent human diversity MUST be accepted as long as they promote the child’s health and safety Teamwork is essential All decisions are based on child safety

And Finally……… The Best Interest of the Child Should Not Be Confused With: Best interest of the worker Best interest of the parent Best interest of the relative Best interest of the foster parent Best momentary interest of the child