Permanency Planning in Juvenile Court The options GALs have in finding a safe, permanent home for our kids

Permanency Defined Permanency is a positive, nurturing relationship with at least one adult that is characterized by mutual commitment and is legally secure. A primary goal of the GAL is to advocate for a safe, permanent home as soon as possible.

Permanent Plans of Care Reunification Termination of Parental Rights and Adoption Guardianship with a relative or CACT Custody with a relative or CACT

Statistics Plan Achieved North Carolina Davidson and Davie N=128 (2009) Reunification 41%30% Adoption 21.5%32% Guardianship 15%31% Custody 13.5%3% Aged Out 9%4%

Option #1: Reunification Reunification example Our default permanency plan Steps for reunification – Parents must comply with orders of the court – Parents must remedy problems in petition – Parents must address other GAL concerns – Visitation progression; trial placement Financial impact – None guaranteed – May qualify for federal and state aid (Medicaid, WIC, Work First, etc.)

Reunification Continued: When to consider reunification – Our default plan – When the parent(s) are willing and able to provide – When we’ve observed visits and seen a bond – When the child tells us they want to reunify Questions to ask for best interest – How will reunification affect the child? – Would DSS remove the child today? – Have services been put in place to prevent relapse? – Are we recommending reunification just because everyone else is? When is reunification not appropriate?

Option #2: TPR and Adoption TPR and adoption example Steps for TPR and adoption – Plan changes/TPR petition is filed – Adjudication and Disposition of TPR petition Must find that TPR is in the best interest of the child Child must understand what adoption is – Parents have chance to appeal – Adoption committee approves adoptive home – Adoption papers are filed with Clerk of Courts, decree entered Financial Impact – Adoption assistance – Loss of therapeutic fostering money

TPR and Adoption Continued: Questions to ask when considering TPR: – Do legal grounds exist? – Have all relative placements been exhausted? – Is the child in an adoptive placement? – Are there indicators that the adoptive placement could fail? – Have the parents been asked to relinquish their rights? – Does the child understand what adoption means? – Does the child want to be adopted? – Will the child impede TPR/adoption if they’re 12 or older? Termination into legal limbo – What can we do for this child? When is it not appropriate?

Option #3: Guardianship Guardianship example Why guardianship? – Family wishes – Speed to permanency – Not severing ties to family Steps for guardianship – Plan changed, DSS relieved of efforts with parents – Potential guardian agrees to guardianship – Court reviews case until child has been in placement for one year – Visitation schedule left in place Financial impact – No assistance in 22B (yet) for guardianship – May be eligible for Medicaid, WIC, Work First, etc.

Guardianship Continued: Questions to ask before Guardianship: –R–Relationship between parents and guardians? –I–Is the guardian able to provide until 18? –W–Will there be any family losses due to guardianship? –D–Do the parents’ problems exist in the family too? –D–Does the child want to remain with a relative? –H–Has visitation been discussed? When is it not appropriate? GAL conversations with potential guardians –D–Discuss their concerns and question about guardianship with the guardians before recommending it –M–Make sure they understand the legal ramifications

Option #4: Custody Custody example Steps for custody – Similar to guardianship Financial impact – Similar to guardianship

Custody Continued: When is it appropriate? When should we not consider it an option? Reviewing the case

Activity Scenario #1: Custody Scenario #2: TPR and Adoption Scenario #3: Guardianship Scenario #4: Reunification

Concurrent Planning Allows to explore other plans Can be implemented any time Respects child’s sense of time

Timelines and Barriers to Permanency Adoption and Safe Families Act says one year to permanency Many hearings have mandated time periods, unfortunately each is subject to continuances Why are cases continued? What can we do to avoid continuances or minimize the time between continued hearings?

APPLA: What Can We Do? Another Planned Permanent Living Arrangement Seldom will advocate for this plan Children who are aging out of the system What can we do?

Wrap Up Remember the Judge makes the plan Talk to the parents Use concurrent plans; justify your recommendation Think about permanency options from the start Listen to your children

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