1. Unadoptable is Unacceptable Removing Legal Barriers to Permanency for Older Youth Judge Tony Capizzi Montgomery County Juvenile Court

2. 16,000
There are approximately 16,000 children in foster care in the State of Ohio, with over half of those children (58%) placed in foster homes.
Foster care has been proven to result in negative mental and social outcomes for the youth involved, no matter the length of their stay, such as increased levels of trauma and overall maltreatment.
A University of Minnesota study found that 30-80% of children in foster care experience psychological and behavioral problems in addition to developing special needs.
These issues are thought to develop partially because foster care so greatly deviates from the typical childhood experience.

3. 15,975 Cases transferred to ongoing
Public Children Services Association of Ohio Factbook and State of Ohio Profile
Public Children Services Association of Ohio Factbook and County Profiles

4. Public Children Services Association of Ohio Fact Book and County Profiles

5. The Family First Prevention Services Act encourages a systematic approach from multiple agencies to reduce youth involvement in the foster care system.
Family First Prevention Services Act was signed into law on February 9, 2018, as part of the Bipartisan Budget Act to respond to the needs of foster youth.  This act reforms the federal child welfare financing streams, Title IV-E and Title IV-B of the Social Security Act, to provide services to families who are at risk of entering the child welfare system. The bill aims to prevent children from entering foster care by allowing federal reimbursement for mental health services, substance use treatment, and in-home parenting skill training. It also seeks to improve the well-being of children already in foster by incentivizing states to reduce placement of children in congregate care.
Part I. – Prevention Activities under Title IV-E (Sec , 50712, 50713)
Sec Foster Care Prevention Services and Programs
State Option – At the option of the state, the Secretary may make a payment to a State for providing the following services or programs for children who are candidates for foster care or who are pregnant or parenting foster youth and the parents or kin caregivers of the children.
What services are available for federal reimbursement?
Mental Health Services
Substance Abuse Prevention and Treatment services
In-home Parent Skill-based programs
Who is eligible for services?
Children who are identified as candidates for foster care identified in a prevention plan as safe to remain safely at home or in a kinship placement with receipt of services or programs
Children in foster care who are pregnant or parenting,
The parents or kin caregivers where services are needed to prevent the child’s entry into care.
Duration of Services:
12 months beginning at identification of prevention strategy
New prevention plan may begin another 12 months for children/families identified again as candidates.
State Requirements:
Must identify and maintain a written prevention plan for the child to remain safely at home, live temporarily with a kin caregiver, or live permanently with a kin caregiver and list the services or programs to be provided to or on behalf of the child (including information about how they will monitor, assess, train workforce etc.) 

For pregnant or parenting foster youth the prevention plan must list the services or programs to be provided to or on behalf of the youth to ensure that the youth is prepared or able to be a parent and describe the prevention strategy for any child born to the youth.
Services must be trauma informed and should be promising, supported, well- supported practices as modeled by the California Evidence-Based Clearninghouse for child welfare.
Must report outcomes for those receiving services and costs associated.
HHS to issue guidance on practices criteria and pre-approved services and programs no later than October 1, 2018

6. Family First Prevention Services Act
Focus: Reforming child welfare systems through deliberate funding initiatives and encouraging financial reimbursement for mental health service, substance use treatment, and other training to improve youth outcomes.
Goal: Provide proactive interventions that positively impact children involved in foster care systems and to promote the efficacy of adoptions and legal guardianships.
Summary-
Part I. – Prevention Activities under Title IV-E (Section )
States may use title IV-E to provide up to 12 months of mental health services, substance abuse treatment, and in-home parenting training to families at risk of entry of the child welfare system
Qualified candidates include children identified as safe to remain safely at home or in kinship placement with receipt of services, children in foster care who are parenting, or parents or caregivers where services are needed to prevent entry into care.
States must maintain a prevention plan for the child to remain safely at home or live with a kin caregiver that lists the services or programs to be provided.
Services must be trauma-informed and should be promising, supported, well-supported practices as modeled by the California Evidence Based Clearninghouse for child welfare
HHS to issue guidance on practice criteria and pre-approved services no later than October 1, 2018
Part II. - Enhanced Support Under Title IV-B: 
 (Sections 50721, 50722, 50723)
Eliminates time limit for family reunification services
Requires states to implement electronic interstate case processing system to expedite placement of children in foster care by FY 2027
Provides $5 million in grants to states to assist with implementation of processing system
Reauthorizes Regional Partnership Grants through FY 2021
Part III Miscellaneous (Sections , 50732, 50733)
HHS to establish model licensing standards for placement in a relative foster family home by October 1, 2018
States to develop a statewide plan to prevent child abuse and neglect fatalities
Part IV – Ensuring the Necessity of a Placement that is not in a Foster Family Home (Sections 50741, 50742, 50743, 50744, 50745, 50746)
Title IV-E reimbursement for group homes will only be available for two weeks unless the child is in a qualified residential treatment program (QRTP), a setting that specializes in prenatal or parenting support, or supervised independent living for youth over 18.
A QRTP must include a trauma-informed treatment model designed to meet the emotional and behavioral needs of children as identified by an assessment within 30 days of the child’s placement.
States may delay the congregate care provisions for up to two years while forfeiting reimbursement for prevention services.
Part V. – Continuing Support for Child and Family Services (Sections 50751, 50752, 50753)

8 million dollars to be appropriated for competitive grants to support recruitment and retention of high quality foster families
Reauthorizes the Stephanie Tubbs Jones child welfare services program, the Court Improvement program, and the John H. Chafee Foster Care Independence Program
Expands until 23 Chaffee supports for states that elected to extend eligibility for foster care to 21, and expands use of education and training vouchers for youth until 26
Part VI. – Continuing Incentives to States to Promote Adoption and Legal Guardianship (Section 50761) 

Reauthorizes Adoption and Legal Guardianship Incentive Payment Program
Part VII. Technical Corrections (Section 50771, 50772)
Amends state plan requirement under Title IV-B to describe ways to reduce length of time to permanency for children under the age of 5 and to address developmental needs of all vulnerable children under the age of 5 who receive IV-E or IV-B services
Part VIII. Ensuring States Reinvest Savings Resulting from Increases in Adoption Assistance. (Section 50781, 50782)
Delays Fostering Connections implementation of federal assistance for adoption of special needs children
Children with special needs under 2 years old will be eligible for assistance if they meet existing requirements
Requires GAO study on state reinvestment of these savings as a result of this delay

7. Montgomery County Juvenile Court is working to develop the first Permanency Court Docket in the State of Ohio to help assure accountability of agencies and foster parents caring for these children, as well as allow each youth to directly report on any progress or barriers surrounding their custody arrangement.
Montgomery County Juvenile Court’s role in the proposed docket will be to act in the best interests of each youth, creating a network of services and support systems to divert children from experiencing negative outcomes often associated with foster care involvement, such as increased levels of trauma and overall maltreatment. This trauma normally manifests into increased contact with court systems, adding further trauma for the families involved while also increasing caseloads for attorneys and social workers. The Court’s Permanency Docket aims to intervene in these situations by helping remove physical, social and mental barriers that impede childhood normalcy for youth in permanent foster care who have not been adopted and do not yet have a permanent home.
The Court will hold a Permanency Docket once a week, beginning with a half day schedule with plans to expand to a full day docket.
The Court envisions serving up to 75 foster youth annually, including male and female youth, between the ages of nine to seventeen.
The Court has not identified any exclusionary factors for the docket at this time.
A primary focus for the docket will be to prevent foster youth from becoming dual status youth, or preventing foster youth from making any contact with the Juvenile Court at a delinquency level. The docket will also work to break down barriers that prevent children in the foster care system from achieving permanency. Youth in foster care often do not have access to normal childhood experiences, such as receiving new clothing, participating in after-school activities or even access to modern technologies, such as cell phones and computers. The Court will employ strategies to ensure childhood normalcy both in foster care and as children transition to their permanent homes.
Docket participants will be identified and referred by a Juvenile Court decision ordering Permanent Custody (PC) or a Planned Permanent Living Arrangement (PPLA).
All youth placed in PC or a PPLA who fall between the ages of nine to seventeen will be enrolled in the Permanency Docket.
Each youth will participate in frequent Court reviews held every 90 days or less, considerably surpassing Ohio’s legal requirement of conducting only annual reviews. The Court envisions maintaining a more proactive role will provide each youth with the elevated focus necessary for their specialized needs. Meeting more frequently will allow the Court to hold agencies and individuals responsible for each youth’s care accountable and will confirm that services are established and timely. Multiple reviews will likewise ensure the Court collaborates with its child welfare partner and other agencies and individuals involved with the child, including guardian ad litems, foster parents and educators, in order to promote the child's welfare while focusing all efforts on a permanent home.
These frequent reviews will also assist the Court in confirming MCJFS-CSD regularly complies with its reasonable efforts requirement to develop a permanency plan for each foster youth. To support these endeavors, the Court will work to ensure eligible youth are able to participate in Permanency Round Table discussions to share their thoughts and wishes about improving their life circumstances.
Youth will also be given opportunities to enroll in independent living training and will be connected to the Bridges Program if emancipation from foster care becomes the only option.
The Bridges Program was derived from legislation passed in 2016 and is voluntary for youth in the custody of a Public Children Services Agency (PCSA) beginning at the age of 18. The program works to assist with a youth’s transition into adulthood. The Court intends to advocate for docket-involved youth who meet the requirements to participate.
The Court will partner with MCJFS-CSD by ensuring that, as the custodial agency, any barriers that exist for youth are examined and resolved in a timely manner.
The MCJFS-CSD case worker assigned to each youth will remain involved in docket proceedings and will help the Court understand the unique needs, challenges and circumstances of each youth.
Case workers will assist the Court with gathering the necessary information for review and will identify community resources to support youth success.
The information will help individual youth throughout their journey towards achieving permanency or successfully transitioning as they emancipate from foster care.

8. While opportunities for reimbursable initiatives will be available through the federal act, Montgomery County Juvenile Court has sought funding in order to provide the greatest support possible through using ongoing judicial accountability and providing oversight to community resources available for foster care youth. The grant funds requested will be used to acquire the staff and resources necessary to develop and sustain a Permanency Docket.
Montgomery County Juvenile Court is requesting $750,000 in funds to begin its Permanency Docket.
The funds will be divided into $250,000 annually, for up to a three year period.
Expenditures are anticipated to total $249,472 for Year 1, $247,333 for Year 2 and $253,195 for Year 3.
Requested funds will cover all personnel costs, including salary and fringe, along with travel, cell phones, laptops, remote internet access, office supplies, printing costs and the purchase of video conferencing equipment. The requested funds will also support the research study conducted by a selected university through a competitive request for proposal process.
The Court is requesting funding from the Annie E. Casey Foundation and the Casey Family Programs.

9. The Court aims to not only provide youth in the foster care system with childhood normalcy, but also to ensure youth are placed in permanent homes in a timely manner. Streamlining of permanency processes can reduce the amount of children in permanent custody as well as shorten their length of stay, further reducing ongoing placement costs for courts and governmental agencies.
From July 1, 2017 to June 30, 2018, Montgomery County Job and Family Services (MCJFS) reported spending over $21 million in placement costs for foster homes, group or residential care and for independent living facilities.
Over half (61%) of the youth in placement remained in custody for under two years, with less than a quarter (21%) remaining in custody for five or more years.
Approximately half, or 46%, of these youth, were removed from their home for dependency related issues.
The Juvenile Court does not have corresponding data when compared to MCJFS’s statistics, but the Court received fewer than 800 referrals for dependency, neglect and abuse related cases and almost 4,000 referrals for matters of parental custody in 2018.
In 2017, Montgomery County experienced a 17% increase in child welfare filings from the previous year and recorded the highest number of PC filings ever filed at 168 youth.
Montgomery County Juvenile Court intends to directly address the barriers impacting permanency outcomes for youth. Streamlining the permanency process is not only beneficial for foster youth, but also to the courts and the community at large.
According to the Annie E. Casey article “Every Kid Needs a Family”, children fare better developmentally when they are cared for in their own homes rather than in group placement. The article reported that one in seven children in the welfare system become placed in group settings. Often, alternative avenues for placement are not explored simply because the appropriate family for the youth has not been identified.
Out-of-home placements generally cost seven to ten times more than costs associated with raising a child within a family structure and the cost of these out-of-home placements are often carried by taxpayers.
The Permanency Docket aims to support foster care youth, between the ages of nine to seventeen, who often experience longer placement durations within the foster care system.
Older foster youth are in a critical developmental period and their needs for stable support systems do not diminish as they age within the foster care system. The Court would like to act as an agent of the child, supporting their development and ensuring normalcy in all aspects of youth.
The Court will maintain a heightened focus on those youth who emancipate from foster care without a permanent home, in order to provide support and oversight as youth transition into adulthood.
Every year, Ohio has around one thousand children ageing out of foster care without achieving permanency.
In 2009, there were only nine states with a higher percentage of youth ageing out of the system without permanency. These youth often experience negative outcomes that become very costly for society. On average, one out of four foster youth do not obtain a high school diploma/GED and less than 2% complete college. Additionally, half of these youth experience homelessness and a third eventually become incarcerated.
Without the proper supports, foster youth will likely be unable to successfully enter into adulthood and contribute to society in a meaningful way. As previously mentioned, the Court intends to encourage foster youth over the age of eighteen to participate in the Bridges Program. This program would provide financial assistance until the age of twenty-one with housing, education and employment. The Court will work to ensure youth are aware of the program and will provide assistance with program entry. The Court recognizes that while the Bridges Program serves as a safety net for youth who do not achieve permanency, the program cannot replace the safety, security and stability that a permanent home ultimately provides. Thus, the primary goal of the Permanency Docket remains to shorten the length of time that a child is in PC or PPLA without a permanent home.
The Sixth Judicial Circuit Court in Oakland County, Michigan began a Permanency Docket in Through long term data analysis of their youth participants, Oakland County identified many positive outcomes for youth involved in the docket.
Youth participants were 150% more likely to achieve adoption permanency than when compared to a control group of youth during the same period of time.
Additionally, the court found that permanency was more successful for older children, including those between the ages of nine to seventeen.
Older children tend to experience greater difficulty with achieving permanency because of their age and this negatively impacts their development as children and into adulthood. The Oakland court found that when their Permanency Docket focused on the specific needs of foster youth, youth were better able to receive specialized services and could receive timely assistance when issues arose. Montgomery County Juvenile Court hopes to implement similar initiatives to combat disparate outcomes for foster youth and hopes to duplicate such success.
Family and juvenile courts often experience youth and families who crossover from the dependency side of the legal system into the delinquency side. This can manifest in the form of substance abuse issues, minor offenses and violent crimes for parents and their children.
Studies suggest that maltreated youth experience a 55% increased risk of committing arrestable offenses, and a striking 96% increased risk of committing violent crimes. This can lead to extensive involvement in the court system, further increasing costs for taxpayers.
In 2008, Ohio residential facilities spent an average of $216 per day on housing adjudicated youth, or approximately $78,840 per year. This amount does not include any court costs for hearings or costs related to housing youth in secure facilities. States could significantly reduce these expenditures related to criminal involvement of maltreated foster youth, but only if youth are invested in and recognized early in the foster care process.

10. Supporting Partners of MCJC Permanency Court Docket

12. Judge Tony Capizzi Administrative Judge
Montgomery County Juvenile Court Dayton, Ohio, USA