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Permanency Planning in Juvenile Court

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.

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Permanency Planning in Juvenile Court

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

  2. 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.

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

  4. Statistics

  5. 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.)

  6. 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?

  7. 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

  8. 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?

  9. 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.

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

  11. Option #4: Custody • Custody example • Steps for custody • Similar to guardianship • Financial impact • Similar to guardianship

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

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

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

  15. 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?

  16. 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?

  17. 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

  18. Questions and Comments

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