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FOURTH NATIONAL YOUTH PERMANENCY CONVENING. APRIL 28, 2005 SAN FRANCISCO, CALIFORNIA. THE ROLE OF THE JUVENILE COURT. THE JUVENILE COURT IS MANDATED TO ACCOMPLISH THREE GOALS: (1) KEEP CHILDREN SAFE (2) GIVE PARENTS A FAIR CHANCE TO REUNIFY WITH CHILDREN WHO HAVE BEEN REMOVED.
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FOURTH NATIONAL YOUTH PERMANENCY CONVENING APRIL 28, 2005 SAN FRANCISCO, CALIFORNIA
THE ROLE OF THE JUVENILE COURT • THE JUVENILE COURT IS MANDATED TO ACCOMPLISH THREE GOALS: • (1) KEEP CHILDREN SAFE • (2) GIVE PARENTS A FAIR CHANCE TO REUNIFY WITH CHILDREN WHO HAVE BEEN REMOVED. • (3) ENSURE TIMELY PERMANENCY FOR CHILDREN UNDER JUVENILE COURT JURISDICTION
THE ROLE OF THE JUVENILE COURT • “PERMANENCY” MEANS (1) RETURN TO A PARENT (2) ADOPTION (3) GUARDIANSHIP (4) PLACEMENT WITH A RELATIVE LAST CHOICE: FOSTER CARE OR GROUP HOME
THE ROLE OF THE JUVENILE COURT • “TIMELY” MEANS WITHIN ONE YEAR, OR, IN SOME CASES, WITHIN SIX MONTHS.
THE ROLE OF THE JUVENILE COURT • SOCIAL WORKERS HAVE DIFFICULT DECISIONS TO MAKE: (1) WHETHER TO REMOVE A CHILD FROM PARENTAL CARE. (2) WHAT SERVICES WOULD PREVENT REMOVAL? (3) WHERE SHOULD A CHILD BE PLACED ONCE REMOVED? (4) WHAT SERVICES SHOULD PARENTS BE OFFERED IN ORDER TO REGAIN CUSTODY OF THEIR CHILD?
THE ROLE OF THE JUVENILE COURT • (5) WHETHER IT IS SAFE TO RETURN A CHILD TO PARENTAL CARE. • (6) WHAT THE PERMANENT PLAN FOR A CHILD SHOULD BE WHO CANNOT RETURN TO A PARENT.
THE ROLE OF THE JUVENILE COURT • THE JUVENILE COURT JUDGE MUST REVIEW ALL OF THESE ACTIONS/DECISIONS BY A SOCIAL WORKER…….. AND • THE JUVENILE COURT JUDGE MUST MAKE CERTAIN THAT PARENTS AND THE CHILD RECEIVE DUE PROCESS OF LAW…….AND
THE ROLE OF THE JUVENILE COURT • THE JUDGE MUST MAKE CERTAIN THAT ALL OF THESE DECISIONS ARE MADE IN A TIMELY FASHION.
THE ROLE OF THE JUVENILE COURT • JUDGES RECOGNIZE THAT FOR YEARS THE JUVENILE COURT HAS BEEN A BIG PART OF THE PROBLEM. • COURTS PROCEEDINGS CAN EASILY BE DELAYED. • ONE CRITICAL ROLE OF THE JUDGE IS TO ENSURE THAT CASES MOVE WITHIN STATUTORY TIMELINES
THE ROLE OF THE JUDGE • COURTS MUST ENSURE THAT ALL HEARINGS ARE HELD WITHIN STATUTORY TIMELINES. • COURTS MUST INQUIRE ABOUT: • (1) PATERNITY • (2) RELATIVES • (3) INDIAN HERITAGE
THE ROLE OF THE JUDGE • JUDGES AND ALL COURT PARTICIPANTS MUST TREAT EACH CASE AS THOUGH IT WERE AN EMERGENCY….. BECAUSE IT IS!
THE ROLE OF THE JUDGE • ONE EFFECTIVE PRACTICE IS TO REVIEW A CHILD’S CASE MORE FREQUENTLY THAN THE STATUTES REQUIRE. • ANOTHER IS TO RESTRICT CONTINUANCE REQUESTS BY ALL PARTIES.
THE ROLE OF THE JUVENILE COURT • IT IS NO FUN HAVING A JUDGE REVIEW EVERY STEP YOU TAKE AS A SOCIAL WORKER…..BUT IT’S THE LAW.
THE ROLE OF THE JUVENILE COURT • GOOD NEWS!!! • MORE PEOPLE ARE PAYING ATTENTION TO FOSTER CHILDREN…AND • THERE HAVE BEEN MANY IMPROVEMENTS IN COURT AND AGENCY PRACTICE OVER THE PAST 5 – 10 YEARS.
SANTA CLARA COUNTY IN SANTA CLARA COUNTY WE ARE TRYING TO IMPROVE PRACTICE EVERY DAY
SANTA CLARA COUNTY WE HAVE MULTIPLE COURT SYSTEMS MEETINGS EVERY MONTH
SANTA CLARA COUNTY • THESE MEETINGS ADDRESS: • (1) COURT SYSTEMS ISSUES • (2) PERMANENCY PLANNING ISSUES • (3) EDUCATIONAL ISSUES FACING FOSTER CHILDREN • (4) CASA/COURT SYSTEMS MEETINGS • AND, IN ADDITION, WE HAVE A SYSTEM-WIDE, MONTHLY CROSS-TRAINING.
SANTA CLARA COUNTY FAMILY FINDING • Our commitment to finding permanency for children has led us to develop new attitudes and practices: • Family Finding • Wrap Around Services • Team Decision Making • Joint Response
FAMILY FINDING • A NEW WAY OF LOOKING AT FAMILY • AND A NEW METHODOLOGY
FAMILY FINDING • HOW MANY LIVING RELATIVES DO WE EACH HAVE? • HOW MANY ARE IDENTIFIED IN THE TYPICAL CHILD PROTECTION CASE?
FAMILY FINDING • WE ARE COMMITTED TO FINDING FAMILIES • WE ENCOURAGE A NEW ATTITUDE AND NEW TECHNOLOGY REGARDING FINDING FAMILIES • “SOCIAL SERVICES ON STEROIDS” • OR • MISSION-DRIVEN MOTIVATION
FAMILY FINDING: OBSTACLES • Typical social work practice stops family finding at the immediate biological family. • Judges/attorney/GAL’s don’t ask. • We assume the family of a parent in prison can’t be a resource for the child. • Challenging Behaviors discourage us • Non-family placements are easier • These decisions are made based on a lack of understanding of the developmental needs of children.
FAMILY FINDING • FROM A BIOLOGICAL -- DNA PERSPECTIVE, FAMILY PLACEMENTS ARE SAFER THAN NON- FAMILY PLACEMENTS • FAMILY MEMBERS ARE MORE WILLING TO “GO THE EXTRA MILE” FOR A CHILD THEY SHARE DNA WITH.
FAMILY FINDINGSEARCH TOOLS • Child Welfare Record Review • Family Ancestry Chart • Internet Sites for locating persons • www.familysearch.org (Mormon Church) • www.geneologytoday.com • www.people-finder.com • www.ancestry.com • www.obituary.com (deceased relative information)
FAMILY SEARCH TOOLS • Peopleprofileusa.com • usatrace.com (search by name SS#) • People-data.com • Social Security Death Index • Reunitetonight.com • Myfamily.com • Intelius.com
FAMILY SEARCH TOOLS • Prison Locater Services • American Red Cross • Indian Child Welfare Act (ICWA) • Inter-State Compact for the Placement of Children • International Social Services • (BALTIMORE – 410-230-2730 • BE INSPIRED BY ANTWONE FISHER AND SHANE SHALTER
FAMILY FINDING • Our Children’s Services Agency has created a unit that deals exclusively with finding relatives. • The Agency has concluded that children will be better served when family members are located. • This is consistent with the philosophy underlying Family Group Conferencing.
FAMILY FINDING • The Children’s Services Unit is called • RELATIVE FINDING ASSESSMENT UNIT • SUPERVISOR: Leiam Rodarte (408) 975-5148 Rodartel@cws.co.santa-clara.ca.us
FAMILY FINDING • THESE PRACTICES MUST BE TAKEN STATEWIDE. • AB 880 (COHN) WOULD DO THIS. • BASED ON WASHINGTON STATE LAW, AB 880 WOULD REQUIRE RELATIVE SEARCH IN EVERY CASE. • IT WOULD REQUIRE THE STATE TO TAKE A LEADERSHIP ROLE IN DEVELOPING RELATIVE FINDING TECHNOLOGY
FAMILY FINDING • THE RESULTS IN WASHINGTON OVER THE PAST 2 YEARS HAVE BEEN A DOUBLING OF RELATIVE PLACEMENTS.
PERMANENCY: EMERGING ISSUES • IDENTIFICATION AND CONTACT WITH SIGNIFICANT OTHERS • Some states require social workers to identify important persons in the child’s life. • The legislatures in those states have determined that connecting with significant others is important to children in out-of-home care
PERMANENCY: EMERGING ISSUES • DIMENSIONS OF CONNECTEDNESS: • HEART: Who do you love? Who loves you? Who do you want to love you? • MIND: Who teaches you? What are you learning? Who do you teach? Who do you think about?
PERMANENCY: EMERGING ISSUES • BODY: Who shares your blood? Does anybody share your body? Who provides you with food and shelter? • SOUL: To what or whom is your soul connected? What or who are your passions?
PERMANCYCY: EMERGING ISSUES COLOR CODES FOR THE LINES • RED is for the heart. • GREEN is for the fertile and creative mind. • BLUE is for the blood that runs in the veins (body). • YELLOW is for the light of the soul.
CONCLUSION The best results will come from leadership within the Children’s Services Agency. • After all, they are charged by state and federal statute to provide timely permanency for children.
CONCLUSION • Judges must take a leadership role in monitoring permanency for children. • This is the judge’s legal responsibility.
PERMANENCY- CONCLUSION • ESTABLISH A MONTHLY MEETING TO ADDRESS PERMANENCY ISSUES. • THE JUDGE SHOULD CONVENE THE MEETING. • MEMBERS SHOULD INCLUDE REPRESENTATIVES FROM ALL PARTIES IN THE DEPENDENCY SYSTEM.
PERMANENCY: CONCLUSION • AGENDA • (1) PERMANENCY ISSUES • (2) THE ADOPTION PROCESS • (3) EMANCIPATION ISSUES • (4) CONNECTING FOSTER CHILDREN EDUCATIONAL OPPORTUNITIES. • ANY OTHER ADMINISTRATIVE ISSUE THAT HAS TO DO WITH PERMANENCY.
PERMANENCY: CONCLUSION • TIMELY PERMANENCY FOR OUR YOUTH WILL ONLY BE ACHIEVED IF YOUR JURISDICTION MAKES IT A PRIORITY. • PERSUADE YOUR LEADERS TO MEET REGULARLY ABOUT PERMANENCY. • IMPROVEMENTS WILL FOLLOW FROM ORGANIZATIONAL STEPS AND YOUR COMMITMENT.
CONTACT INFORMATION • LEONARD EDWARDS • ledwards@scscourt.org