1 Child in Need of Protection or Services Proceedings Poverty Law II Irene M. Opsahl

2 The CHIPS Petition Filed by the county attorney on behalf of the county agency Filed by “any reasonable person”

3 Emergency Protective Care Hearing - Rule 30 Held within 72 Hours of child being taken into emergency protective care Evidence - may include reliable hearsay and opinion

4 Court must determine Does petition establish prima facie showing that juvenile protection matter exists and child is subject of that matter Does petition make a prima facie showing of endangerment

5 If finding of endangerment court shall Continue protective care Or release child with conditions

6 Reasonable Efforts Minn. Stat. § Agency responsibility exercise of due diligence use culturally appropriate and available services to meet the needs of the child and the child's family

7 Reasonable Efforts (cont.) Prevent placement Reunite the child with the child's family at the earliest possible time Finalize permanency

8 Reasonable Efforts – Agency - Prevent Placement Minn. Stat. § (d) "Reasonable efforts to prevent placement" means: “(1) the agency has made reasonable efforts to prevent the placement of the child in foster care by working with the family to develop and implement a safety plan; or”

9 Reasonable Efforts – Agency - Prevent Placement (cont.) “(2) given the particular circumstances of the child and family at the time of the child's removal, there are no services or efforts available which could allow the child to safely remain in the home.”

10 Reasonable Efforts – Court’s Duties Minn. Stat. § (f) Court must ensure agency makes reasonable efforts to Prevent placement Eliminate need for removal Reunite child with child’s family at earliest possible time

11 Court shall consider whether services were Relevant to child’s safety and protection Adequate to meet the needs of the child and family Culturally appropriate Available and accessible Consistent and timely Realistic under the circumstances

12 Reasonable Efforts Consistent with the best interests, safety, and protection of the child Child’s health and safety must be of paramount concern

13 Reasonable Efforts Are Not Required in Some Circumstances Egregious harm Parental rights to another child have been terminated involuntarily Child is an abandoned infant Parents custodial rights to another child have been involuntarily transferred to a relative Provision of services... is futile and therefore unreasonable under the circumstances.

14 Indian Child Welfare Act Requires active efforts

15 Juvenile Court CHIPS Matters LOTS OF HEARINGS Admit/Deny Pretrial Trial Disposition Disposition review Permanent placement determination