1 Kids Need Their Dads Fatherhood Workgroup Report State Children’s Roundtable State Children’s Roundtable May 27, 2011 Harrisburg, PA.

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Presentation transcript:

1 Kids Need Their Dads Fatherhood Workgroup Report State Children’s Roundtable State Children’s Roundtable May 27, 2011 Harrisburg, PA

2 Who is the Nonresident Father? Nonresident fathers are :   Men whose children are involved in the child welfare system   Men who did not live with their children when the suspected abuse or neglect occurred   Often referred to as non-custodial fathers Advocating for Nonresident Fathers in Child Welfare Court Cases, ABA Center on Children and the Law, National Quality Improvement Center. Copyright 2009.

3 Goals & Objectives  Establish Protocol for:  Establishing Paternity  Locating Fathers

4 Goals & Objectives  Engaging Fathers in:  Case Planning  Services  Court Process

5 Fatherhood Survey  Identifying fathers  Engaging fathers in case planning and services, including incarcerated fathers  Visits for fathers, including incarcerated fathers  Perceived barriers to fathers full engagement and participation Focus of the survey:

6 Establishing Paternity One Father per Child!!!!!

7 Agency Protocol   Check with the Bureau of Child Support Enforcement (BCSE) paternity tracking system for acknowledgements of paternity. In the case of infants, this check should be conducted after a three- month interval

8 Agency Protocol   Ask/interview the child   Ask/interview the maternal relatives or close friends

9 Agency Protocol   Check collateral sources   Conduct Accurint search and utilize social networking sites.

10 Court Protocol   Establish a legal father— only one per child   Question mother and/or the child under oath   Explain to mother the importance of establishing paternity

11 Court Protocol   If no legal father & alleged father appears, judge should do a colloquy on the record about obligations (child support, etc.)   Order genetic testing   Ask father to sign an acknowledgement of paternity

12 Court Protocol   In cases with a legal father and there is a question or challenge to paternity partiesRequire challenging party to file a motion or petition seek genetic testing with service upon and notice to the legal father and all parties

13 Court Protocol   Court order should reflect whether paternity has been established and, if not, the reason(s) it has not been and what efforts, are being made to establish paternity

14 Court Protocol   If paternity has not been established before the adjudication of dependency, but is subsequently established through acknowledgement or genetic testing, the court should enter an order establishing paternity

15 Court Protocol  When paternity is established, the court should consider filing a copy of the order with Domestic Relations to prevent later inconsistencies

16 Court Protocol   If paternity has not been established, at every court hearing, the court should inquire as to the efforts that have been made to establish paternity

17 Locating Fathers

18 Agency Protocol  Explain to mother the importance of locating father by asking/interviewing the mother, the child, relatives, friends and associates regarding father—CWs should be trained in engagement skills with family members and youth

19 Agency Protocol  Go to the last known address for the father in an attempt to personally engage with the father who may still be residing there; or interview the current residents and neighbors, who may have information such as a forwarding address or other contacts

20 Agency Protocol  Complete a diligent search for the whereabouts of the father by checking databases related to jails and prisons, Department of Public Welfare records, PennDOT records, voter registration rolls, Armed Forces, etc.

21 Agency Protocol  Consider social networking sites such as Facebook  If the father is paying child support through wage attachments or the court, check PACSES for a record of his address, employer, or other possibly useful information  Conduct an Accurint search

22 Agency Protocol  Send letters to the last known address and request post office verification of receipt with the hope of getting a forwarding address  Contact the Postmaster via the Freedom of Information Act to access a forwarding address or to verify a current mail delivery address

23 Agency Protocol  Utilize all six steps of the Family Finding process for fathers and extended family members. These steps are: Discovery, Engagement, Planning, Decision Making, Follow Up, and Evaluation

24 Agency Protocol  If a child has been placed in out-of-home care, the Fostering Connections Act requires the agency to notify all adult relatives to the third degree within 30 days of placement—this action can lead to location of the father

25 Agency Protocol  If last known address is in another state, contact the responsible child welfare agency and request a courtesy home visit in an attempt to locate father or arrange a visit by the assigned CW, if within reasonable travel distance

26 Agency Protocol  Update efforts to locate father every 3 months and completing a full search annually until father is located

27 Court Protocol  Where the father has not been located, the judge or master should ask/interview mother, the child, and others under oath and on the record regarding the whereabouts of the father  Judges and masters should be trained on how to properly engage mother, the child, and others

28 Court Protocol  The judge or master should ask the agency to place on the record the efforts made to locate the father  The judge or master should require the agency to take affirmative steps to locate the father

29 Court Protocol  The court order should reflect the efforts made or needed to locate the father  The judge or master should consider a finding of “No Reasonable Efforts” if the agency has not made attempts to locate the father

30 Engaging Fathers Engagement with a non- custodial father is an ongoing, strength-based, solution focused process It takes more than sending him a letter!

31 Engagement Requires a Cultural Change We must recognize and acknowledge the value of fathers in the lives of their children Leadership from the top is needed to accomplish this

32 Agency Protocol  In most cases, CW should visit father in his home (same as w/mother)  Why should the father be treated differently?

33 Agency Protocol  The CW should engage mother as to the importance of having the father involved in the case planning  CWs should be trained on engaging mother

34 Agency Protocol  Father should be included in all permanency planning and other team meetings  CW should ensure that father receives notice of all meetings

35 Agency Protocol  If paternity was not established at the onset or if father was not located at the onset, once father is identified and located, the family service plan should be revised to include him

36 Agency Protocol  CW should fully assess a father’s needs and create a family service plan with goals specifically tailored to the father’s needs and issues

37 Agency Protocol  Utilize all six steps of the Family Finding process for fathers and extended family members. These steps are: Discovery, Engagement, Planning, Decision Making, Follow Up, and Evaluation

38 Agency Protocol  The CW shall maintain regular contact with father

39 Court Protocol  At every review, the judge or master should ask whether father has been included in the case planning, and if not, why father was not included  If father is not involved, the judge or master should engage mother as to the importance of having father involved in the case planning

40 Court Protocol  At every review, the judge or master should examine the family service plan to ensure that it includes father and is specific to the issues at hand  The judge or master should insist that CWs make good faith efforts to engage and support father throughout the case

41 Court Protocol  If possible, the dependency court judges should decide the issue of child support to reduce the financial impact that may impede the father’s willingness to participate in case planning or to meet the child’s needs

42 Court Protocol  The court order should reflect that father is required to participate in case planning and that the agency is required to include him in the case planning  The court should make sure that the paternal family has been considered as placement resources, if necessary and direct the agency to complete assessments of the paternal relatives

43 Parent Attorney Protocol  Good legal representation should result in better engagement  Parent attorneys should be trained on engaging fathers (goal is to establish a solid attorney- client relationship that will promote honest communication)

44 Parent Attorney Protocol  The parent attorney should encourage the father to participate in the case planning and should work with the father to identify family service plan goals  The attorney should contact father to remind him to attend planning meetings

45 Engaging Fathers in Delivery of Services The workgroup recommends the following as best practices in regards to engaging fathers in the delivery of services. Fathers should have equal access to services!!

46 Agency Protocol  The agency should identify services that are currently available for fathers and assess the “father-friendliness” of those services  The agency should partner with community providers and organizations to create and develop father-focused services

47 Agency Protocol  Once father has been located, the agency should immediately begin to develop an appropriate visitation plan for father

48 Agency Protocol  CW should assist father in establishing individual goals that will facilitate permanence for the child. The caseworker should be an “active listener” in assessing what services father needs

49 Agency Protocol  The agency should make a “real assessment” of a father's needs and create a family service plan with goals specifically tailored to each father's needs and issues

50 Court Protocol  The court should partner with community providers and organizations to create and develop father- focused services

51 Court Protocol  The judge or master should ensure that the FSP plan has “real goals” and examine the FSP to ensure that it includes father and that it is not a boilerplate FSP

52 Parent Attorney Protocol  The attorney has a responsibility to advocate for appropriate services for fathers  The attorney should insist that the agency provide all necessary referrals for services

53 Parent Attorney Protocol  If father has not been offered the necessary services, the attorney should request that the court enter a finding of “No Reasonable Efforts”

54 Parent Attorney Protocol  The attorney should meet with father to identify case goals and empower father to direct the course of the representation

55 Engaging Fathers in the Court Process The workgroup identified the following as the best practices for engaging fathers in the court process

56 Agency Protocol   CW should send notice to and advise father of all court proceedings   CW should engage father about the importance of attending court proceedings and encourage his attendance and participation

57 Agency Protocol   CW should advise father verbally and in writing of his right to be represented by an attorney and should explain to father the importance of having legal representation

58 Agency Protocol  CW should provide father with information on obtaining representation  CW should provide father with copies of all court orders and addenda

59 Court Protocol   When a father’s work schedule will not permit him to attend court hearings, or if father resides out of the county or state, the judge or master should allow the father to appear and participate by telephone

60 Court Protocol   If father is located, but does not attend court hearings, the court should require him to be subpoenaed so that the court can ensure his appearance

61 Court Protocol Judges and masters should   Treat fathers with respect and acknowledge his importance to the legal proceedings and to the child

62 Court Protocol   Take time to explain issues such as the nature of the proceedings, the importance of fathers, permanency issues, ASFA timelines, a father’s legal rights, and the potential role of the paternal family with respect to the child

63 Court Protocol   Treat fathers with respect and acknowledge his importance to the legal proceedings and to the child

64 Court Protocol   Give father the opportunity to address the court   Ask father if he is satisfied with the services that have been provided or if he needs additional services

65 Court Protocol   Explain to father, at the conclusion of the hearing, what is expected of him with respect to the family service plan and visitation

66 Court Protocol  The court order should set forth in clear and concise language what is expected of father and it should also reflect that father is required to participate in case planning and that the agency is required to include him in the case planning

67 Attorney Protocol  The attorney should maintain contact with father and communicate with him prior to the hearing to ensure that father received notice and to determine whether father will attend the hearing in person or by other means

68 Attorney Protocol  The attorney should explain the purpose of each hearing and provide father with sufficient information to make informed decisions at each stage of the proceedings  The attorney should work with father to identify case goals and empower father to direct the course of representation

69 Attorney Protocol  The attorney should ensure that father’s position is communicated to the court  The attorney should provide father with copies of all court orders and explain the orders to father, if needed

70 Training To successfully implement the best practices outlined in this report, it is imperative that training occur at every level— judges and masters, CWs and solicitors, parents’ attorneys, GALs and CASAs. Training should include:

71 Training  Short introduction of why the training is viewed as important and necessary at this point in time  Active participation from the audience in identifying why fathers are not actively engaged in case— why is it that engaging mothers gets so much more of our time and effort?

72 Training  Research demonstrating the value of locating and engaging non-resident fathers  Identifying barriers to locating and engaging non-resident fathers  Setting aside of personal biases in recognition of a child’s need to connect with his/her father

73 Training  Understanding differences in culture and gender  Adopting Best Practices for engagement in real life

74 Training Recommendations   In 2011, regional training should be held to focus on fatherhood engagement, including establishing paternity, locating fathers, and gender specific communication.   C&Y staff should receive training on locating fathers (we strongly recommend that agencies consider hiring and/or assigning dedicated staff to locate fathers)

75 Training Recommendations  CWs & judges should receive training on how to properly engage mothers and others with respect to the inclusion of father in the process  Mandatory cross-systems trainings focusing on aspects of fatherhood engagement should be held on a regular basis  Utilization of Advocating for Nonresident Fathers in Child Welfare Court Cases, as a training tool for parent attorneys

76 Focus Group Much of the focus of the work of the Fatherhood Workgroup has been placed upon systemic changes within the child welfare system and the courts. The workgroup felt that it was very important to reach out to fathers and gain their perspective on why they may not be engaged.

77 Focus Group Bill Phifer, from Allegheny County OCYF, met with his local fathers’ support group, Dads Assisting Dads (DADs) and asked a series of questions to gain insight into their perspective on their individual experiences within the child welfare system. It is worthy to include a summary of their responses in this report: Bill Phifer, from Allegheny County OCYF, met with his local fathers’ support group, Dads Assisting Dads (DADs) and asked a series of questions to gain insight into their perspective on their individual experiences within the child welfare system. It is worthy to include a summary of their responses in this report:

78 Focus Group  Visitation  DNA testing  To be heard in court  Representation  Services should be equal What are dads entitled to?

79 Focus Group  Kids  Mothers  Threat of placement  Being responsible  Being a role model What motivates you?

80 Focus Group  Dad’s program  Family Service Plans  Honesty, truthfulness  Sincerity What works?

81 Focus Group  Complaining  Fighting with mother  Communication  Fighting with children  Disrespect of mother What does not work?

82 Focus Group  Disrespect of self  Arguing  Oppositional behaviors What does not work?

83 Focus Group  More visitation  More respect  More communication with teachers  Preparation for court  Quality and quantity of time with children What would you change?

84 Focus Group  Fathers should have same/equal rights as mothers  Father’s voice should have same power as mother’s  No prejudice  Equal punishment for mothers and fathers What do you think should be different?

85 Focus Group  Child is truant  Child involved with gangs  Child goes in the wrong direction What is the effect on children of absent fathers?

86 Focus Group  Child not raised by biological family  Child blames him/her self for father’s absence What is the effect on children of absent fathers?

87 Final Recommendations   Approval and adoption of the protocols for establishing paternity and locating fathers as set forth in this report   Approval of the best practices for engaging fathers as set forth in this report   Training for judges, masters, lawyers, CWs and CASAs as set forth in this report

88 Final Recommendations  In , county or regional training to focus on embracing the concepts of fatherhood engagement and implementing the best practices. Initial sessions should include judges, masters, lawyers, CWs and CASAs  More intensive training should be developed for child welfare CWs and should include specific training on locating fathers

89 Final Recommendations   Approve the content of the brochure for fathers attached to this report   CPCMS order forms be revised to include a checkbox that would require the court to find that paternity has been established and how paternity was established & a referral shall be made to the Juvenile Procedural Rules Committee   CPCMS should collect data to measure outcomes with respect to father engagement

90 Final Recommendations  The Fatherhood Workgroup should continue for to address the following issues: Developing a plan for the printing and distribution of the father’s brochuresDeveloping a plan for the printing and distribution of the father’s brochures Implementation of the fatherhood engagement trainingImplementation of the fatherhood engagement training Developing fathers’ support groups in the countiesDeveloping fathers’ support groups in the counties

91 Final Recommendations  The State Roundtable consider the need for a separate workgroup to address issues of domestic violence and its impact upon children in the child welfare system

92 Kids Need Their Dads! Fatherhood Engagement Workgroup Thank You!!