Meaningful Engagement of the Legal and Judicial System for Child Welfare Workers

1. Meaningful Engagement of the Legal and Judicial System for Child Welfare Workers Louisiana Child Welfare Comprehensive Workforce Project at LSU

2. Legal Competencies: Legal Issues and Court Preparation • Explain the statutory definitions of abuse and neglect and abandonment the stages of a child in need of care action using the Louisiana Children’s Code. Recognize the legal authority to file a petition under the Louisiana Children’s Code. • Access the court jurisdiction when necessary to protect children and assure permanency within legally established time frames. • Understand the caseworker’s role and responsibility in the courtroom, basic roles of the child’s attorney, district attorney, parent’s attorney, court appointed special advocate (CASA) and Department’s attorney.

3. Legal Competencies: Legal Issues and Court Preparation con’t • Explain court proceedings that relate to children and families involved with DCFS in regard to safety, permanency, and well-being. • Gather, prepare and document case information for court and explain the impact of accurate and impartial case documentation for court proceedings. • Identify the purposes, time frames and standards of evidence that pertain to legal proceedings within the child protection system.

4. Legal Competencies: Learning Objectives • Describe the structure and sequencing of testifying and demonstrate the ability to testify in juvenile and/or district court hearings. • Explain the four principles of giving effective testimony. • Recognize the role of the expert witness and why expert witness testimony is critical to a CINC case. • Describe the types of questions used by attorneys to qualify a worker as an expert witness.

5. Legal Competencies: Learning Objectives • Know what constitutes effective testimony and cross examination. • Explain how to respond to cross examination. • Demonstrate through role play how to maintain appropriate courtroom decorum and deliver effective testimony at a juvenile court hearing.

6. How a Case Becomes Known to Court There are 4 ways a case comes to the court’s attention: • A request to the court for an order to compel a parent or caretaker to cooperate with and participate in the agency investigation of a report of child abuse and/or neglect. • A request to the court for an instanter order for the purpose of removing a child from his parent’s custody and home, and place him or her in a safe environment • Request for a restraining order, temporary protective order • CINC petition.

7. Various Court Actions and Procedures 4-705 REFUSAL TO COOPERATE If at any point in the investigation process, the parent/person responsible for a child’s care or any other adult subject of a report of child abuse and/or neglect refuses to cooperate with the investigation, and the investigation cannot be completed and a validity determination made as a result of the refusal to cooperate, the Child Protection Investigation Worker shall consult with his supervisor regarding the alternatives which may assist the agency to obtain the needed cooperation. The first alternative which should usually be explored is law enforcement assistance. If that does not effect cooperation, the worker shall refer the situation to the District Attorney for assistance with a request for a court order. Refer to Policy Section 4-705 for examples of specific areas of refusal to cooperate. Child Code 613 and 614

8. Various Court Actions and Procedures 4-710 EMERGENCY PROTECTIVE ACTION A. REMOVAL OF THE PERPETRATOR For investigations in which the formal assessment of risk indicates that a child is at serious risk of harm due to one parent/caretaker, but may have another parent/ caretaker who is willing to provide protection, the worker and supervisor may consider the advisability of assisting the parent willing to protect the child to obtain a protective court order. The Louisiana Children's Code in Articles 617 and 618 provides for temporary restraining order and protective orders

9. Various Court Actions and Procedures 4-710 EMERGENCY PROTECTIVE ACTION B. INSTANTER ORDER: Basis for Decision to Request an Instanter Order For some investigations, the formal assessment of risk will reveal that a child is at serious risk of harm as the result of child abuse and/or neglect, and that it is necessary to remove the child from his parent/caretaker in order to protect him. Reasonable efforts to prevent Placement should be explained here why it is not in the child’s best interest to remain in the home. If the child is in immediate danger, then the Child Protection Investigation worker, with supervisory concurrence, is responsible for taking action, on an emergency basis, to attempt to secure the protection of the child. The protection, in the case where removal is necessary, is secured by requesting the issuance of an instanter order from the court with juvenile jurisdiction. The instanter order, if issued, takes the child into the temporary custody of the DCFS and, therefore, permits the worker to remove the child from his home and parent/caretaker, and allows the agency to place the child in a safe environment.

10. Various Court Actions and Procedures C. CONTINUED CUSTODY HEARING Article 624 of the Louisiana Children's Code requires that a continued custody hearing be held within three (3) days of a child's being taken into custody as the result of an instanter order. Refer to 4-710 Emergency Protective Action (D) for preparation for the Continued Custody Hearing.

11. Various Court Actions and Procedures AFTER CUSTODY PETITION TO COURT, ADJUDICATION AND DISPOSITION A. REPORT TO DISTRICT ATTORNEY/ PETITION TO THE COURT The Child Protection Investigation worker shall be responsible for cooperating with the district attorney’s office (as soon as possible but no longer than 15 days) with regard to the filing of a petition to the court to have a child adjudicated as a “child in need of care” by completing a full report of the allegations and facts obtained regarding the child abuse/ neglect so that all pertinent information is included in the petition. Refer to policy reference 4-715 for further instructions. The DA should type and file the report. 628-630 IAA Informal Adjustment Agreement

12. Various Court Actions and Procedures APPEARANCE HEARING The Louisiana Children's Code in Article 646 requires the parent to appear in court to answer the petition prior to the adjudication hearing, but no later than fifteen (15) days after the filing of the petition. The worker is expected to attend the hearing prepared to discuss the case. This should include the chronology of the facts of the case as well as the facts that support the agency recommendation. ADJUDICATION HEARING The adjudication hearing is a trial before the judge at which the state must prove, by a preponderance of the evidence, that the allegations stated in the petition are true and that the child is "in need of care". The Child Protection Investigation worker is responsible for assisting the district attorney in the preparation for the hearing, if requested, attending the hearing, and for being prepared to testify as needed. This includes responding to the best of his knowledge to any question the court allows. DISPOSITION HEARING The Louisiana Children's Code requires that following an adjudication that a child is "in need of care", the court conduct a disposition hearing to decide the disposition for the child. The Child Protection Investigation worker may attend the disposition hearing.

13. Various Court Actions and Procedures FAMILY SERVICES PROGRAM 5-705 WORKING WITH THE COURT CASES IN WHICH THERE ARE EXISTING COURT ORDERS In some instances, there will have been court intervention resulting from the initial abuse/neglect investigation in which certain activities were ordered, although the children remain in the custody of the parents. The court orders may mandate action on the part of the family and/or DCFS. In such cases, it becomes the responsibility of the Family Service Worker to see that the order is complied with, both by the Agency and by the clients. If, for any reason, the family fails to follow through with court ordered activities, the court shall be notified as soon as the lack of substantial compliance becomes apparent, and shall be advised of the Agency's recommendation for assuring the safety of the children. Don’t need to wait until the next date – you can move for an earlier hearing date – Children’s Code 672.1.

14. Various Court Actions and Procedures FAMILY SERVICES PROGRAM 5-705 WORKING WITH THE COURT CASES IN WHICH THERE ARE EXISTING COURT ORDERS The Family Service Worker shall make every effort to comply timely with provisions of court orders which pertain to DCFS. All written reports and court appearances which occur following the adjudication of the case are the responsibility of the Family Service Worker. Court appearances and preparation up to and including the adjudication are the primary responsibility of the Child Protection Investigation Worker, except in those cases in which the original court order was requested by the Family Service Worker.

15. Various Court Actions and Procedures FOSTER CARE PROGRAM 6-808 DISPOSITION The purpose of the disposition is for the court to make decisions concerning plans for a child who has been adjudicated to be in Need of Care. The disposition may be held immediately after the adjudication but shall be conducted within 30 days after the adjudication. The Foster Care Worker is responsible for providing the court a report at least 10 days (this is for all of the stakeholders) prior to the disposition in accordance with Ch. C. Art. 668 and for attending the disposition hearing.

16. Various Court Actions and Procedures FOSTER CARE PROGRAM 6-835 JUDICIAL HEARINGS FOR CASE REVIEW AND PERMANENCY The role of the DCFS and role of Court since federal mandate of 1980. Judicial system is required to oversee what is being done. Partnering with the court to insure that kids and families get what they need The first Case Review Hearing is held three months after the disposition hearing if the child is removed prior to disposition or within six months after the disposition hearing if the child was removed at disposition, but in no case more than six months after removal of the child from his parents. This case review hearing is held not later than every six months thereafter until the child's permanent plan is achieved

17. Various Court Actions and Procedures FOSTER CARE PROGRAM 6-835 JUDICIAL HEARINGS FOR CASE REVIEW AND PERMANENCY In addition to six month Case Review Hearings, the Louisiana Children's Code requires that Permanency Hearings be conducted. The Louisiana Children's Code requires that: A Permanency Hearing be conducted within 30 days of a judicial determination that efforts to reunify the parent and child are not required. The Foster Care worker shall address in-state and out-of-state placement considerations, as applicable, in the court report prepared for all Permanency Hearings. In-state and out-of-state placement considerations should also be considered at the permanency hearing.

18. Various Court Actions and Procedures FOSTER CARE PROGRAM 6-835 JUDICIAL HEARINGS FOR CASE REVIEW AND PERMANENCY A Permanency Hearing be conducted within nine months after the disposition hearing if the child was removed prior to disposition or within 12 months if the child was removed at disposition but in no case more than 12 months after removal. The Foster Care worker shall address in-state and out-of-state placement considerations, as applicable, in the court report prepared for the 12 month Permanency Hearing. The Foster Care Worker is responsible for the report to the court and attendance including foster parents, relative care providers and pre- adoptive parents at the Disposition, and Judicial Hearings for case review and permanency.

20. Social Workers/Legal Personnel • Social workers use non-adversarial approaches to working with clients. Our work is not about “winning” but working toward goals with the clients that are mutually agreed upon, ensure self sufficiency and build toward empowerment. • Social workers are “guests” in the legal environment; this may immediately feel that you are at a disadvantage in the courtroom and will cause you adapt. • Social Workers are trained differently than legal personnel and work from a system of ethical values and principles that believe in the principles of self determination; starting where the client is at; and working for the best interest of the clients.

21. Who’s Who in the Court • The Judge • The Child • The DCFS Worker • The Parents • Attorney for the Parents • Attorney for the Agency • Attorney for the Child • CASA • Foster Parents • Relatives, other interested persons • Court personnel; i.e., interpreters, court reporters/clerk, court security

22. Let’s Talk About Judges • Some judges sit just in juvenile court or Family Court, and some sit just in courts with general jurisdiction. • Some jurisdictions have juvenile courts where the judge hears family-law type cases and some only have courts where one judge hears many different types of cases. • It takes a judge time to learn about child welfare, and although there is some training for judges, most of it is learned on the job.

23. Let’s Talk About Judges • Judges are legal and political figures and all are lawyers. • Many are politicians who had to win an election for their position or who are appointed by an elected official and serve at their pleasure. • Like all people, judges vary widely in terms of their values, ethics, experiences, intelligence, knowledge, work ethic, receptivity to change, and personalities. • As with other lawyers they tend to be analytical thinkers and focus on the facts, which they expect to be presented in a logical progression.

24. Let’s Talk About Judges • Judges expect witnesses to answer questions directly and want people who testify to “get to the point” and to express themselves succinctly in writing and orally. • Most judges are practical and decisive, almost all are impatient with regards to poor performance, delays, dramatic behavior and excessive details. • Judges’ personalities are revealed over time, as are their work habits, knowledge, skills, commitment to doing the work well, and their attitudes toward social workers, families & attorneys. • Social Workers appearing before judges quickly learn which judges are easiest to work with; hardest to work with; fairest; most receptive to improving court practices and who values the role of social workers in working with children, youth, and families.

25. Let’s Talk About Judges • Make no mistake: JUDGES HAVE A LOT OF POWER. THEY CAN HOLD YOU OR YOUR SUPERVISOR IN CONTEMPT OF COURT. THEY CAN JAIL YOU, IF THEY CHOSE TO DO SO. THEY CAN ORDER A WIDE RANGE OF THINGS FOR OR AGAINST YOU OR YOUR CLIENT OR CHOSE NOT TO ORDER SOMETHING.

26. Interacting and Building Positive Relationships Between Social Workers and Judges • Introduce yourself to the judge at each court appearance or other encounter • Dress appropriately • Be polite – use “church manners” but be assertive in making your positions • Speak and write as clearly and plainly as possible. • Be concise and to the point • Do not display emotion, especially anger or disdain, if the judge makes a decision with which you disagree/

27. Interacting and Building Positive Relationships Between Social Workers and Judges • Learn as much as possible about the judges’ tendencies, personality, and likes/dislikes and be guided by this knowledge. • Determine the history of the judges interactions with the agency and how it may affect the judges handling of particular issues or dealings with social workers. • Build relationships with court clerks, bailiffs, and court reporters.

28. Courtroom Presentation • Dress Appropriately – Wear professional, conservative attire. Never wear denim, sneakers, hats or sunglasses. Have a court outfit. • Men –wear a button down shirt, jacket & tie and shoes. • Women – wear a skirt or pants with shoes or similar professional business attire. Make a good impression – Remember, you can never take back your first impression. • While waiting for your case to be called be attentive, quiet and respectful. Be an example for others. • Respect the judge’s rules such as no food or drinks in the courtroom. Never chew gum!

29. Body Language is Key • Stand and sit tall in the courtroom. NEVER roll your eyes, or suck your teeth, or make disapproving audible sounds. • Your body language can exude confidence or weakness. When people are teaching self-defense classes, it is often taught that muggers profile their victims. A person walking slouched over with his eyes cast to the ground is more likely to be prey than someone who is aware of his surroundings and walking upright. • Let your body language signal to the opposing party that you are not going to be the next victim. • Stand by your decisions with the confidence that you exude.

30. Speak to the Court with Respect • Even if you do not respect the judge and other court personnel on a given day, give the court the respect it deserves. Always answer the judge with “your honor;” or “yes/no Ma’am; or no/yes, Sir” • The court is the best system we have for resolving controversies and administering justice in this country. • Don’t take things personally. Lawyers take the “adversarial” role seriously & opposing counsel will try to discredit your testimony. Don’t take the bait. Be respectful to everyone.

31. Always Prepare for Court • Do good work. Although you may think your initial presentation to the courtroom is your first opportunity to impress the court, the truth is that you begin preparing your testimony the moment you begin working with a family. • Follow best practices in your work. In addition to doing the right thing, you will feel more confident and secure knowing that your underlying work is thorough and can withstand the scrutiny of the opposing party. • Review and make notes. When a worker does not review the file prior to court, the testimony often comes across as sloppy, unorganized, and less credible. Know your case. • Be responsible for your case. Workers who have just been assigned a new case should be fully knowledgeable about the existing case and aware of what has been previously ordered.

32. Always Prepare for Court • Use note cards to make notes on when reviewing the file. These can be referred to during testimony and are easier to manage then a large file. • Put yourself in the judge’s position: every time a question is asked, the social worker must take long pauses to flip through voluminous records. At some point, you will begin to think that this case is not important to the worker. • Although a witness should feel free to think and take time when answering questions, taking long pauses can cause frustration for those waiting. • The truth is, once you have put all that effort into preparing, you rarely have to refer to notes.

33. Always Prepare for Court • Practice. Practicing your testimony is key. • Sit in front of a mirror or get a peer to help you go through some practice questions. • When you are practicing, identify areas of weakness in your case. This will give you an opportunity to practice critical thinking by examining those weaknesses and developing an appropriate response. • When you are reviewing a case and discover a significant flaw, bring it to the attention of your DCFS attorney (representing the State) immediately. • Often it is better for your DCFS attorney to intentionally bring out a weakness than to have it brought out by the opposing attorney during cross-examination. This can also add to your credibility.

34. There’s No Substitute for Preparation • Being a busy social worker, preparation may not exactly come naturally; however, in a legal setting you simply can’t take shortcuts. Preparation means going over every piece of information directly and remotely connected to the case. • It means rehearsing your responses out loud — not just thinking them through, but actually saying the words. • Most attorneys force their clients to do all this way past the point where you might think it is overkill, but in the end, there is great value in rehearsing. • Being well prepared helps you to keep your cool on the stand and to exude a confident attitude to the court. KNOW YOUR CASE

35. Preparing for Testimony • Speak with any previous caseworkers and discuss the case with your supervisor. • Summarize the services offered, the response, and the outcome. Prepare to answer questions about reasonable efforts. • Meet with the attorney (whom ever is representing the State – DA or DCFS attorney) to discuss the case; especially any troublesome aspects. • Outline the history of the case, include important dates & events. • Prepare a description of your professional experience and qualifications. • Discuss the expected cross examination questions with your DCFS attorney.

36. Follow the 4 Basic Rules of Testifying in Court • Always tell the truth, even if it hurts. • Don’t be afraid to admit you didn’t hear or understand a question. • Stop talking when someone says, “Objection.” • Always tell the truth.

37. If you don’t, it will come back to haunt you in some way. When you get caught in a lie, even a “small” lie, it forever hurts your credibility in the eyes of that judge. A lie will not only impact your credibility in the case at hand but in every case for which you testify from that point forward. As social workers you are expected to be competent and professional – you can only do that if you always tell the truth. Always tell the truth, even if it hurts

38. Most lawyers have no problem speaking up, so chances are they won’t mind repeating what they have said. Judges look to you as the experts in the area of child welfare, not legalese. Asking for clarification is to be expected. Providing testimony is a critical aspect of the dependency process, so making sure you get the question is the first step to being effective on the stand. Don’t be afraid to admit you didn’t hear or understand a question

39. Stop talking when someone says, “Objection.” • Fight the urge to finish your sentence. • When an attorney objects to a question or an answer stop speaking until the judge rules on the motion. If the judge overrules the objection, then the caseworker should answer the questions. If the judge sustains the objection, then the caseworker should not answer the question, and the attorney will ask another one • Demonstrating respect for the legal process and the court will only enhance your professionalism in the eyes of the judge.

40. Guidelines for Testifying • Be confident and self assured. • Make eye contact with the questioner and the judge. • Refer to the case file only as necessary in order to recall information. • No not read your court report out loud to the court. • Listen carefully to the question and answer it directly. • Ask that a question be repeated if it is difficult to hear or understand, but do not make a habit of doing so.

41. Guidelines for Testifying • State facts, not opinions or conclusions. For example, instead of saying that the mother was uncooperative or rude describe her behavior and actions - state exactly what she said or did. • If you do not know the answer to a question or you cannot recall it, simply give that response. • Speak clearly, distinctly, and loudly enough to be heard.

42. Cross-Examination • Cross-examination is questioning by the attorney other than the one who called the caseworker as a witness. • The purpose of cross-examination is to expose weaknesses, errors, biases, or other deficiencies in the testimony. • The attorney might also focus on the caseworkers lack of experience or qualifications and will try to show that you did not do a thorough investigation or exercised poor judgment.

43. Cross-Examination • Cross-examination can sometimes be unpleasant, but it is important not to take it personally and remain outwardly calm, confident, and respectful at all times. • If the caseworker becomes hostile or defensive, the judge may discount the testimony.

44. Cross-Examination Some sneaky cross styles to watch out for: • Note Steal • Rapid Fire Attack/Badgering and Belligerent • Condescending/Incredulous Counsel • Overly Personal • Mispronouncing Name • Good Cop/Bad Cop • Leading Around the Barn

45. Court Reports • The primary way social workers have to communicate information to the court. • Poorly organized reports frustrate the judge and demean the social worker’s role in the court process. The goal is to present material in a manner that is easily understood. • A cover page with salient facts might help organize the data in the report. • Reports need to be comprehensive, concise, and written as directly and clearly as possible. If the document is an updated version of an earlier one, highlight the new material. • It should also be simple to locate any supporting documentation.

46. The Written Court Report The Worker is required to submit a written report to the Court 10 days before any scheduled disposition, permanency or case review hearing. Many people need to know the information contained in this report. The report should provide detailed information on the status of the case. Failure to file often results in not moving children toward permanence. A suggested format for a narrative court report follows. The Court Report Format is used to guide preparation of the report to the court prior to each case review or permanency hearing. If the court is unwilling to accept the format below, comply with the court required format.

47. The Written Court Report The Court Report Format is used in conjunction with the case record documents and Policy Section 6-835, Judicial Hearings for Case Review, Permanency and Restoration of Parental Rights, to prepare a typed report to the court in accordance with the legal requirements of the Children’s Code and to describe for the court and other involved parties the progress of the family in achieving case goals. The original court report is signed and submitted to the court, via certified mail or hand delivery to insure receipt at least ten working days prior to the hearing. Copies are submitted, via certified mail, to individuals listed at the end of the report. A copy is also filed in Section 4 of the Foster Care record.

48. The Written Court Report Date of Report Court Address Docket Number Hearing Date Hearing Type – e.g. Disposition, Review, Permanency, Status Involved Parties Parents name(s) and addresses, incarceration status if incarcerated −Not necessary when parental rights have been terminated Child(ren)’s name(s) and DOB Date each child entered foster care and date each child freed for adoption

49. The Written Court Report   Reason Child(ren) Entered Foster Care: • Reason child was placed in state custody as stated on first court order or DCFS Form 65 • Reasonable efforts provided to prevent placement and results • Reason it was not safe enough for the child to remain in the home • Previous valid reports of child abuse/neglect involving any family members • Previous Court Orders • List and describe compliance or attempts to comply

50. The Written Court Report • Brief Summary of Efforts to Achieve Case Goal: (List separately for each parent.) • Identify parental behaviors necessitating removal of child(ren) from the home. Provide most recent SDM reunification risk reassessment results, including assessment date. Based on the Assessment of Family Functioning (AFF) and case plan, describe behaviors needing to change for the child to safely return home. Explain how services being provided to family members are linked to generating behavioral changes and improving parental capacity to safely care for the child(ren). Address any paternity issues or searches for unidentified or missing parents. Also, describe Department provision of services to achieve permanency, insure overall development and meet daily care needs for each child in state custody, as well as services provided to insure the safety and well-being of any children remaining in the care of the parents. Description of services to parents and each child should include efforts to plan for and achieve an alternative (concurrent) case plan goal if the primary case plan goal can not be achieved.