CJI

1. CJI Reducing Trauma in Children by Ensuring Involvement of Fathers Nancy K. Jones, Hennepin County Attorney’s Office Kevin McTigue, Hennepin County Human Services & Public Health Dept.

2. DILIGENT EFFORTS • Identify & locate both parents • Ask custodial parent for info • Contact Child Support Agency • Search FAR

3. REASONABLE EFFORTS • Identify • Locate • Offer Services • Both parents

4. REASONABLE EFFORTS • Assess father’s willingness & capability to provide care • May include Netstudy • Consider only if +genetic test • Require paternity establishment • Obtain authority from mother or court for “placement”

5. REASONABLE EFFORTS • Prepare OHPP for each parent if child cannot be placed with either • Report to court diligent efforts to ID & locate parent if identity and/or whereabouts unknown

6. Assessment/Background Study • Must be “reasonable cause” before Netstudy • Info that creates “articulable suspicion” • Must believe placement with father would endanger child before denial • 15 days notice to father & opportunity to be heard • Consider Minn. Stat. 518.179

7. Adjudicated Father/Rule • Determined by court or Recognition of Parentage to be biological father

8. Recognition of Parentage • Requires notarized signatures of both parents attesting to child’s paternity • Same as court order adjudicating paternity if filed w/ MN Dept of Health • Except when only creates presumption • Does not give father right to visitation or custody

9. KINSHIP SEARCH • Includes maternal & paternal relatives even if paternity not adjudicated • Important friend with whom child resided or had significant contact • Members of extended family as defined by law or custom of tribe

10. Married to child’s mother when child born Child born w/n 280 days of divorce Marries mother after child born & on b.c. Declaration of Parentage pre 8-1-95 Lived with & held child out as his ROP but mother married More than one ROP ROP & other presumed father ROP & minor parent Presumed Father

11. GENETIC TESTING • Treat as if presumed father if positive test • Right to notice • Right to assessment • Right to day to day care • Duty to cooperate with establishment paternity

12. Alleged Father • Claimed by party or participant to be father • Child born prior to 1-1-98 • Filed affidavit of intent to retain parental rights w/n 90 days of child’s birth • Child born on & after 1-1-98 • Registered with Fathers’ Adoption Registry w/n 30 days of child’s birth

13. Fathers’ Adoption Registry • Mn Department of Health • Register w/n 30 days child’s birth or • Lose right to notice of adoption • Lose right to notice of Juvenile Protection TPR or permanency proceeding • Certificate of search required for adoption • Or certified copy of TPR that certificate of search filed w/court in Juvenile Protection proceeding

14. Legal Parent per 260C Legal parent/child relationship that confers rights, privileges, duties & obligations • Presumed father based on marriage & no action to declare nonexistence • Presumed father because lived with & held out as father & court adjudication or ROP • Competing presumptions & court adjudication or ROP • No presumption but court adjudication or ROP • Positive genetic test & court adjudication or ROP

15. Fathers: I.C.W.A. • Biological parent • Unmarried father not “parent” unless paternity is “acknowledged or established” • Tribal customs/laws control on how to “acknowledge or establish” paternity

16. Juvenile Protection Petition • Names/Addresses parents • Birth, legally adjudicated or adoptive • Name/address legal custodian • Person who by court order or statute has sole or joint legal or physical custody • ICWA status • Parties • Participants

17. Legal Custodian • Joint legal/physical custody if married & not divorced • Equal rights to parenting time/visitation • Unless court order establishing otherwise • Mother sole legal/physical custodian if not married to father until c.o. otherwise • Father thru ROP or adjudication only has custody/parenting time per c.o.

18. COURT: PARTIES • CHIPS • Sole or joint legal or physical custodian • Permanency/TPR • Parents • Adjudicated father • Presumed father • Filed with Fathers’ Registry • Entitled to notice of adoption proceeding

19. COURT: PARTICIPANTS • CHIPS • Noncustodial • Presumed • Adjudicated • Alleged • PERMANENCY/TPR • Alleged Father per Rule • A/F no right to notice per statute

20. Court Proceedings • Right to be heard if have legally recognized parent-child relationship • Disposition • Parental visitation • Out-of-home placement plan • Right to appointment of counsel • Does not confer party status

21. Court Responsibilities • Inquire at 1st hearing if identity & whereabouts both parents known • Make inquiry of those present • Inquire at subsequent hearings • Have known parent sworn to provide info on identify or whereabouts of other • Make findings on whether • Agency made diligent efforts • Both parents located • Both parents served

22. Court Responsiblities Identity and/or whereabouts unknown • Find insufficient diligent efforts: • Order agency to take further steps • Order specific efforts to be made • Find sufficient diligent efforts: • Make “reasonable efforts” finding • Decide whether further efforts for reunification would be futile • Relieve agency of requirement to identify and/or locate upon finding of good cause

23. Court Dispositions • Protective supervision in home of noncustodial parent/father • Does not confer legal custody • Must have +genetic test • Must cooperate with paternity establishment • May be conditions or case plan • Must have permanency hearing

24. Court Dispositions • Establish father-child relationship under CH 257 • Establish permanent custody with noncustodial parent/father • Agency may petition for paternity establishment & custody in same permanency proceeding

25. Paternity Proceedings • Father’s rights • Court-appointed counsel • Genetic tests • Jury trial • Order requirements • Name of legal father • Name to be added to birth certificate • Custody & parenting time • Name of child • Social security numbers • Important Notice requirements

26. Dismissal on Father w/o TPR • Presumption by marriage may be renounced by joinder to ROP • ROP may be vacated • Presumption of paternity may be rebutted in action to declare nonexistence of the father-child relationship • Or court adjudication of another as father • Or marriage dissolution judgment

27. Nancy K. JonesHennepin County Attorney’s Officenancy.jones@hennepin.us612-348-8371Kevin McTigueHennepin County Human Services & Public Health Departmentkevin.mctigue@hennepin.us612-348-7120