Ohio CASA Celebrate Kids Conference September 19, 2019 Judge Patricia Walker FitzGerald, Ret. Casey Family Programs Judicial Engagement Team

The Adoptions and Safe Families Act, 1997 Regulations March 2000

Impetus for ASFA A General dissatisfaction with the performance of state child welfare systems in achieving these goals for children and families.

Underlying Principle of ASFA Every child deserves a safe, permanent home within the shortest possible time

Specific Purpose of ASFA Prevent unnecessary removals When removal necessary, must attempt reunification unless it cannot be done safely or within a reasonable period of time If no reunification, expedite adoption or other permanent living arrangement

Child and Family Well-Being OUTCOME AREAS Safety Permanency Child and Family Well-Being Safety: children protected from abuse and neglect children safe in their own homes when possible Permanency: permanency and stability of living arrangements Well-being: continuity of family relationships and connected Ky did well in 1 and 3

Judicial Oversight: role of judge Prevent unnecessary removals Assess reasonable and services and make findings as to same Conduct regular review hearings and monitor timelines Ensure appropriate permanency plan for all children in care and monitor progress toward same

Prevent unnecessary removals No child removed who can safely remain at home If child removed, must find continuation in the home is contrary to the welfare of the child Finding must be in first order on removal or entire stay in foster care is ineligible for Title IV-E funds Cannot be corrected by affidavit, nunc pro tunc orders Must be something in record to indicate intent to make finding at the time

Assess reasonableness of services Reasonable efforts: 1) to prevent removal -finding to be made within 60 days of removal or entire stay in foster care ineligible for Title IV-E 2) to finalize permanency plan -within 12 months of entry into care and annually thereafter -lack of finding disqualifies until finding made Ok no efforts if emergency A TOOL to achieve compliance with goals

Permanency goals Reasonable efforts must be made to finalize plan within 12 months of removal—sooner if appropriate Period may be extended if a parent is diligently working toward reunification and court can expect that reunification can occur within a time frame consistent child’s developmental needs Fed. Register Vol. 65 No. 16 @ 4035

R/E to reunify not required if: Court determines aggravated circumstances as defined by law Other enumerated factors E.g., prior involuntary tpr, assault with serious injury to this or another child or parent, homicide of child’s parent; mental illness/MR; on-going drug-alcohol abuse; other circumstances making r/e inconsistent with best interests of child and permanency plan

TIMELINES Case plan within 60 days of removal Court or administrative reviews at least every 6 months from removal Permanency hearings within 12 months of entry into foster care and every 12 mo. thereafter* Reasonable efforts to finalize permanency plan within 12 months of entry f/c Mandatory filing of TPR 15 of last 22 months from entry into foster care *EXCEPT within 30 days of decision r/e not required

Permanency Goals Based on: Best interest Individual needs, and Circumstances of child Every child deserves a safe, permanent home within the shortest possible time

Hierarchy of Approved Permanency Goals Reunification Adoption Legal Guardianship Permanent placement with a fit and willing relative Another planned permanent living arrangement when compelling reasons shown Intended to encompass al legal guardianship arrangements that are permanent Regs: Term CR adopted because far too many children given the goal of long-term foster care, which is not a permanent living situation for a child Ex: older teen who specifically requests emancipation, parent and child have significant bond, parent unable to care for child bec of Parent’s disability and foster parent has committed to permanent placement and maintaining a bond with parent tribe has identified other ppla Who can change goal? Court tor agency

Definition of Legal Guardianship Under ASFA 2 key features: 1) Permanent 2) Self sustaining Transfer to the caretaker the following parental rights: Care and Control Protection Education Custody Decision making

What is an “APPLA?” ASFA defines the term as “any permanent living arrangement not enumerated in the statute.” 42 U.S.C. 475(5)(C) “Planned” means the arrangement is intended, designed, considered, premeditated, or deliberate “Permanent” means enduring, lasting, or stable Includes: physical placement of the child quality of care supervision nurture

Mandatory filing of TPR When child in care 15 of 22 months unless compelling reasons documented Within 60 days of determination child abandoned or R/E not required State must begin process of finding adoptive home concurrently with filing of TPR Compelling reasons should be used RARELY –must document not in child’s best interest to be referred for TPR, placed for adoption, pc, or relative placement States may define compelling reasons—regs don’t Ex: child in relative care; no legal grounds for tpr; child’s age, wishes, close bond with sibling May avoid penalizing parent if necessary services are not available or accessible to parents

Compelling Reasons Examples cited in regs: (1)   an older teen who specifically requests that emancipation be established as his/her permanency plan; (2)   the case of a parent and child who have a significant bond but the parent is unable to care for the child because of an emotional or physical disability and the child’s foster parents have committed to raising him/her to the age of majority and to facilitate visitation with the disabled parent; or (3) the Tribe has identified another planned permanent living arrangement for the child. 45 C.F.R. § 1356.21 (h)(3)(i), (ii), & (iii).

Putting the Information Together and Making a Safety Decision American Bar Association: “Child Safety: A Guide for Judges and Attorneys”

Questions to ask to assess safety 1. What is the nature and extent of maltreatment? 2. What are the circumstances of the maltreatment? 3. How does the child function day to day? 4. How does the parent discipline the child? 5.What are overall parent practices and attitudes 6. How does the parent manage his own life

Safe Child: Unsafe child: Vulnerable children are safe when there are no threats of danger within the family or when the parents possess sufficient protective capacity to manage any threats. Children are unsafe when: • threats of danger exist within the family and • children are vulnerable to such threats, and • parents have insufficient protective capacities to manage or control threats.

Threats of Danger Specific and observable; Immediate; Out-of-control; Severe consequences

Vulnerability A child is vulnerable when he lacks the capacity to self-protect

Protective Capacities Cognitive Behavioral Emotional

Determining if child is safe Is there a threat of danger? If no, child is safe. If yes: Is child vulnerable to that threat? If no, child is safe. If yes: Are there sufficient protective capacities to manage the threat? If no: Child is unsafe.

Reunification Do original or new threats to safety exist? Changes in parent behavior, motivation, attitudes Quality of parent/child relationship Parental willingness and capacity for reunification Child readiness and behavior Preparation of child, parents and caregiver On-going supports/services in place