BEST-INTEREST DETERMINATIONS Implementing the Mandate of Fostering Connections Presented by: Rocky Mountain Children’s Law Center, Denver Department of Human Services, and Denver Public Schools

Fostering connections “ensures” educational stability for children in out-of- home placements. 42 U.S.C. § 675(1)(G) Photo:Markus Spiske

What is “School Stability?” Stay in same school if in best interests If moving schools in best interests, immediate and appropriate enrollment in a new school See handout for complete text of the school stability provision in Fostering Connections. Volume 7 on reverse side.

Joint guidance from DHHS and DOE: School districts have a reciprocal duty to coordinate with DHS to ensure school stability. May 30, 2014 “[C]ompliance is contingent on routine coordination between [human services] agencies and LEAs. Thus, we would like to take this opportunity to emphasize that the Fostering Connections Act imposes specific obligations on both SCWAs and LEAs, and that each play a vital role in helping to ensure educational stability for children in foster care. Photo: Nick Hamilton Piercy

Best Interest Determinations The ACF “encourages” development of a “standard and deliberate process for determining best interests” for school placement. Since this is part of the case plan, the educational stability plan should: Be in writing Be developed jointly with the family Include other team members relevant to the decision Be written no later than 60 days after a child’s removal from the home and at least every 6 months thereafter

Best Interest Factors ACF Guidance Student’s preference Student’s safety Appropriateness of educational programs in the current school or another school and how each school serves or can serve the child’s needs (including special education and other interests). Cost of school transportation should not be a factor Many other factors Photo KooKoo Bear Kids

Examples ABA’s Legal Center for Foster Care and Education Rocky Mountain Children’s Law Center Developed using the ABA’s model as well as models from Virginia, Hawaii, and Delaware.

DENVER PILOT Collaboration Between DDHS and DPS Photo:Markus Spiske

Denver Best Interest Determination Model Reviewed other states’ models Educational considerations specific to our state and our district (ex: transportation, other?) Finding a place for document/conversation to “live”

Denver Context One school district in Denver county Many shared students: Students moving into the district Public school transitions (SPED and gen. ed.) Students transitioning back from facilities DHS also works with surrounding school districts Photo: Liliani Benassi

VOICES Value of Individual & Community Engagement Services VOICES is Denver County’s model for engaging families, their supports and professionals in case planning decisions with an integrated process for service delivery. VOICES is designed to work with families facing challenges around child abuse/neglect and delinquency; to ensure the children are safe, learn about the family’s issues, identify both their strengths and needs. With the family’s involvement, meetings are designed to match services and resources to their needs, while creating an action plan built on both strengths and needs.

ARCH ARCH - Accessing Resources for Case-Planning Help Denver Collaborative Partnerships - multi-agency group that comes together on Thursday mornings to discuss cases that are coming from court on either delinquency, truancy, and/or Dependency & Neglect matters. Committee - Senate Bill 94, DCP, MHCD, DHS, Denver Safety Youth Programs (diversion), Paramount Youth Services (pre-trial release), Probation, and DPS. Any other professionals involved in the case can also be invited, and we try to have the parent(s)/student present as well. We usually have 6-7 staffings each week, scheduled for 30 minutes each.