DISPOSITION

Dispositional Hearing  What is it?  A dispositional hearing is required whenever a petition for dependency or neglect has been sustained.  Purpose  The purpose of the hearing is to determine what disposition is in the child’s best interests  Timing  Immediately following the adjudication or adjourned for a separate date  In an EPP case, the hearing must happen within 30 days of adjudication. For older children, it must take place within 45 days.

Dispositional Hearing  Who is present?  Respondent Parents & their Attorneys  Department & County Attorney  GAL  What evidence is considered?  C.R.S.§ (1): Social History Report Family Services List Evaluation for Placement Statement About Reasonable Efforts  NCFAS: Family Strengths  What are the options?  Parents may be ordered to take classes, undergo evaluations, or participate in therapy or other treatment.  A Handbook for Families in Dependency and Neglect Cases: _cases.pdf

Treatment Plans  Elements of a good treatment plan:  Considers the individual strengths of the parent.  Considers the individual needs of the parents.  Tailors services designed to meet those needs  Prioritizes the service needs in a manner capable of success  Simple, clear language and measurable objectives and action steps.  Not overwhelming.  Considers the religious, cultural, and language needs of the family.  Emphasize the family’s strengths  Coordinates services and eliminates duplications  Is manageable and designed for success, considering parents work schedules and transportation needs  Considers any special needs of the parents and children.  Elements of a bad treatment plan :  Generic, not tailored to the family  Overly burdensome  Inflexible  Fails to address every family member  Fails to address barriers to complying with the treatment plan

Treatment Plans Treatment Plans, continued  What if no treatment plan is offered?  Next steps The Department has the option to show by clear and convincing evidence why a parent should not be entitled to a treatment plan, under C.R.S. § If the Department believes that a parent is not entitled to a treatment plan, it may choose to file a motion to terminate. If the court finds that the parent is not entitled to a treatment plan, and the Department has not filed a motion to terminate, then a permanency hearing will be scheduled.  Timing The permanency hearing must be scheduled within 30 days.  Options Proceed to a permanency hearing or to termination.

Treatment plans Treatment plans, continued  What services are available  Finding them  Getting them ordered  Timely referrals  Waitlists  Evidence based research

Visitation Plans  What should it include?  When visits will happen  Plan for progression of visits: Vol (J)“The visitation plan shall specify the frequency, type of contact, and the person(s) who will make the visit. At a minimum the plan shall provide the methods to meeting the following: The growth and development of the child; The child’s adjustment to placemnent; The ability of the provider to meeting the child’s needs; The appropriateness of the parent and child visitation, including assessment of risk; The child’s contact with parents, siblings, and other family members; And visitation between the child and his/her family shall increase in frequency and duration as the goal of reuniting the family is approached.”  Where?  At the Department: ask for permission to allow the parent to take the child outside the visitation room.  In the community: have potential visitation hosts contact the Department to get approved.  Timing for progression?  Should not depend on the parent’s compliance with the treatment plan  Safety concerns?  Should be specific and observable  If necessary, ask the Department to conduct a visitation assessment and report back to the court.

Reasonable Efforts  How is it defined?  Acting with diligence and care (C.R.S (89))  The Department should provide the following resources: Screenings, assessments, and individual case plans; Home based family and crisis counseling; Informational and referral services to available public and private assistance resources; and Visitation services.  The Department may provide additional resources when funding is available. Transportation to these services when other transportation is not available; Child care; In home supportive homemaker services; Diagnostic, mental health, and health care services, Drug and alcohol treatment, after care services; Financial services to avoid placement; and Family preservation services.  Does it have any teeth?  Failure to make reason efforts does not form the basis of an independent civil rights claim.  In some states (but not CO), it may be used as a defense to termination.  Advocacy options when the Department is not doing its job:  Motion and order for no reasonable efforts  Child support should not be ordered or should be stayed

Outside Opinions  What can you get?  Entitled to an expert under C.R.S. §  How can you pay for it?  The state pays for the cost of one expert for indigent parents (C.R.S. § )  Expert fees are limited by Chief Justice Directives and  How do you get it entered?  Qualify the witness as an expert  If requesting appointment of an expert, do so within a reasonable amount of time prior to the hearing.  Because hearings under the Children’s Code are relaxed, the express terms of C.R.C.P. 26 do not apply.  People in re L.G., 737 P.2d 431, 434 (Colo. App. 1987) (aff’d by People in re K.T., 129 P.3d 280 (Colo. App. 2005)).  People in re K.T., 129 P.3d at 1082

Appeals  Final order  Adjudication of dependency and neglect becomes a final order and therefore appealable, upon disposition. In re Interest of T.R.W., 759 P.2d 768 (1988).  What is an appealable issue? Most appeals come from the termination of parental rights hearings and often center on treatment plan issues.  To be safe, raise the issue of appropriateness of the treatment plan at trial in order to preserve it for appeal.  Compare People in Interest of B.J.D., 626 P.2d 727 with People ex rel. M.S, 129 P.3d 1086.