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Kids Need Their Dads: Addressing the Issue of Nonresident Fathers in the Child Dependency System Fatherhood Workgroup A Preliminary Report to the State Roundtable of Pennsylvania May 28, 2010 Harrisburg, PA
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The Committee Members Judges & Masters Hon. Kim Berkeley Clark Hon. Scott Naus Hon. Maureen Skerda Hon. Harold Woelfel Hon. Flora Barth Wolf AnneMarie Cucinotta Allegheny Columbia Warren/Forest Union Philadelphia Master/Berks
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Members Children & Youth Agencies Dayna Revay Carrie Ann Frolio Lynne Rainey Roberta Davis Luann Hartman Doug Ameley Anna Caffarelli Lisa Chambers Bill Phifer Beaver York Bucks Venango Franklin Chester Allegheny
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Members Attorneys Kathleen Williamson,Esq. Robert Scott, Esq. Brian Forsyth, Esq. AOPC-OCFC Sandy Moore Lynne Napoleon Stephenie Strayer Solicitor-Lehigh Parent Atty. Allegheny Clerk to J. Campbell- Berks
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Members Others Karen Jenkins Lisa Pilnik Gene Detter Tonya Burgess Roseanne Perry Commissioner Hartwick Christine Doty Dan Derr Patrick Quinn, Esq. American Humane ABA Child Welfare Training DPW-OCY Dauphin CASA-Lycoming Special Guest- Allegheny
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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.
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Goals & Objectives Developing Mission & Vision Creating Protocol for: Establishing Paternity Locating Fathers
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Goals & Objectives Engaging Fathers in: Case Planning Services Visitation
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Goals & Objectives Engaging Incarcerated Fathers Developing a Survey to Find Out What’s Going on in Pennsylvania
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Fatherhood Mission Statement KIDS NEED DADS:
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Fatherhood Mission Statement Pennsylvania endorses the positive involvement of fathers & paternal family to protect children, promote strong families, promote child well-being, & provide timely permanence for children.
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Fatherhood Vision Statement Positive connections between children & their fathers are achieved & nurtured by:
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Fatherhood Vision Statement prompt identification, outreach, & engagement in services that recognize fathers’ unique strengths, & are tailored to meet each father’s individual needs.
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Establishing Paternity One Father per Child!!!!!
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Agency Protocol Check BCSE paternity tracking system for acknowledgements of paternity Check PACSES for orders of support
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Agency Protocol Ask/interview mother Ask/interview the child Check all collateral sources
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Court Protocol Establish a legal father—only one per child Question mother &/or child under oath Explain to mother the importance of establishing paternity
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Court Protocol If no legal father, & alleged father appears, judge should do a colloquy on the record about obligations Ask him to sign an acknowledgement of paternity or order genetic testing
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Court Protocol In cases with a legal father, & paternity is challenged: Require challenging party to file a motion or petition to seek genetic testing with service upon & notice to the legal father
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Court Protocol Never order genetic testing in a case with a legal father, without first disestablishing paternity Court order should reflect whether paternity has been established &, if not, the reason(s) it has not been established & what efforts, are being made to establish paternity
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Court Protocol If paternity has not been established before the adjudication of dependency, but is subsequently established through either acknowledgement or genetic testing, the court should enter an order establishing paternity.
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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.
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Locating Fathers
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Agency Protocol Ask/Interview mother, child, & other relatives Check PACSES Check with the Armed Forces Complete a diligent search for whereabouts Go to the home (last known address) & knock on the door
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Court Protocol If father has not been located, at every hearing the judge should ask/interview mother, etc. under oath on the record At every hearing, the judge should ask the agency to place on the record the efforts made to locate the father
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Court Protocol When appropriate, the court should require the agency to take affirmative steps to locate the father The court order should reflect the efforts made or needed to locate the father
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Engaging Fathers Engagement with a non- custodial father is an ongoing, strength-based, solution focused process. It takes more than sending him a letter! It takes more than sending him a letter!
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Engagement Requires a Cultural Change We must recognize & acknowledge the value of fathers in the lives of their children. Leadership from the top is needed to accomplish this Leadership from the top is needed to accomplish this.
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Engagement in Case Planning The caseworker visits the father in his home Father is included in all permanency planning meetings Once paternity has been established & father has been located, the family service plan is revised to include father
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Engagement in Case Planning Parent attorneys are trained on engaging fathers Mother is engaged as to the importance of having father involved Practices such as Family Group Decision Making are utilized
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Engaging Incarcerated Fathers When possible, the caseworker should visit the incarcerated father to assess needs for services & to assess whether services are available in the jail or prison In most cases, it is in the child's best interest to visit & maintain contact with a parent who is incarcerated Contact visits are best
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Engaging Incarcerated Fathers Incarcerated Fathers: Have the right to participate in the case planning Should be included in the family service plan Should have goals tailored to their needs
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Engaging Incarcerated Fathers Incarcerated Fathers: Have the right, in most cases, to maintain contact with their children while incarcerated Have the same visitation rights as mothers, under the same circumstances
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Engaging Incarcerated Fathers Incarcerated Fathers: Should participate in court hearings, which can be accomplished through: Videoconferencing Teleconferencing Having him transported to the hearing
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Engaging Fathers in Visitation Regular visits & contact are in the best interest of the child At the very least, absent safety considerations, a child's visits or contact after the initiation of a dependency proceeding should be the same or similar as the child's visits or contact with father prior to the dependency proceeding
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Engaging Fathers in Visitation Fathers should have quality visits Visits should be structured so that fathers can be active participants & can accommodate the different ways in which parents interact with their children Supervision should not affect the quality of the visits Less supervision is best!
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Recommendations Adoption of the Mission & Vision Statements Approval & adoption of the protocols for establishing paternity & locating fathers Approval of the concepts & recommendations for engaging fathers in case planning & services
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Recommendations That the workgroup continue & be expanded to: Thoroughly examine & identify the issues surrounding visits To develop best practices To make recommendations with respect to visits for both parents, siblings, grandparents & others
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Recommendations The CPCMS orders should be revised to include check boxes that would require: A finding of paternity A finding as to how paternity was established, or Establishment of paternity
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Recommendations If paternity has not or cannot be established the CPCMS orders should reflect: The reason(s) that paternity has not been established What efforts, if any, are being made to establish paternity Refer these recommendations to the Juvenile Rules Committee
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Recommendations Collection of data thru CPCMS or other means to measure outcomes with respect to father engagement Survey should be sent out to all 67 jurisdictions to determine current practices/trends Create a parent handbook to assist all parents in understanding their rights
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Recommendations Work with BCSE to have access to the paternity tracking system. This should be available to all 67 CYF agencies after August 2010 Each jurisdiction should create an agreement or MOU between the court DRS & CYF that would permit DRS to provide PACSES information to CYF
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Training Recommendations In 2011, regional training should be held to focus on fatherhood engagement, including establishing paternity, locating fathers, & gender specific communication Children & youth staff should receive training on locating fathers—agencies should consider hiring &/or assigning dedicated staff to locate fathers
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Training Recommendations Training for caseworkers & judges on proper engagement of mothers & others with respect to the inclusion of father in the process Regular, mandatory cross-systems trainings focusing on aspects of fatherhood engagement Utilization of Advocating for Nonresident Fathers in Child Welfare Court Cases, as a training tool for parent attorneys
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THANK YOU!
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GET INSPIRED!!! http://www.youtube.com/watch?v=n ktBsI0PYPs http://www.youtube.com/watch?v=n ktBsI0PYPs KNOCK! KNOCK! By Daniel Beaty
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