THE COURT REPORT INSTRUCTIONS FOR THE SLIDE SHOW

1. THE DHS COURT REPORTDouble click here to start the presentationDEPARTMENT OF HUMAN SERVICESCHILDREN AND YOUTH DIVISION2/1/2002

2. THE COURT REPORT INSTRUCTIONS FOR THE SLIDE SHOW • You are about to access a 10 minute slide show on completing the court report. The Adoption and Safe Families Act requires changes regarding the information that DHS presents to family court. • When you finish each page click the mouse for the next page. The pages turn every 30 seconds automatically. Pressing ESC will end the show. You may save the show and begin later. • Lower your speaker level if you do not want to hear the music. HEARING TYPES SUPERVISOR FOLLOW-UP ASFA Click to stop Music PREPARING A COURT REPORT COURT ORDER SOCIAL WORK FOLLOW-UP

3. PURPOSE This slide show is provided to update the knowledge of DHS social workers and supervisors. It contains an overview of court report preparation. If you have specific, case related questions please contact your supervisor, court representative or solicitor. BACKWARD FORWARD

4. Adoption and Safe Families Act(1997) ASFA IS THE FEDERAL AND STATE LAW (The Juvenile Act )WHICH REQUIRES DHS JUSTIFY IN COURT THE REMOVAL OF A CHILD, CONTINUED NEED FOR PLACEMENT AND ACHIEVEMENT OF PERMANENT PLACEMENT WITHIN 12 MONTHS BACKWARD FORWARD

5. THE ADOPTION AND SAFE FAMILIES ACT REQUIRES: • AN ASSESSMENT OFSAFETY FOR CHILDREN IN PLACEMENT OR AT HOME WITH PARENTS OR RELATIVES • A DETERMINATION OF WHETHER CONTINUATION IN THE HOME IS CONTRARYTO THE SAFETY, HEALTH AND WELFARE OF THE CHILD. • A REVIEW OF WHAT REASONABLE EFFORTS WERE MADE TO PREVENT PLACEMENT: AND IF THE CHILD IS PLACED, WHAT EFFORTS WERE MADE TO IDENTIFY A PERMANENT GOAL FOR THE CHILD • A COMPELLING REASON TO CONTINUE PLACEMENT • A REVIEW OF WHETHER AGGRAVATED CIRCUMSTANCES EXISTS BACKWARD FORWARD

6. ADOPTION AND SAFE FAMILIES ACT SAFETY SAFETY IS DETERMINED BY THE MOST RECENT FACE-TO- FACE CONTACT BETWEEN A SOCIAL WORKER AND THE CHILD. -Is the child in a licensed home? Do the foster parents have Childline clearances? Is the child safe from harm? -Is the child at their parents / relatives home? Is the child safe from what caused them harm before? BACKWARD FORWARD

7. ADOPTION AND SAFE FAMILIES ACT CONTRARY TO THE HEALTH, SAFETY AND WELFARE This determination must always be made at the detention and adjudicatory hearings. Explain why continuation in the home is contrary to the health, safety or welfare of the child. What was harmful to the child at their home or place of removal? BACKWARD FORWARD

8. ADOPTION AND SAFE FAMILIES ACT REASONABLE EFFORTS EFFORTS YOU MADE TO PREVENT PLACEMENT; AND IF THE CHILD IS PLACED, WHAT EFFORTS WERE MADE TO IDENTIFY A PERMANENT HOME EXAMPLES: SCOH REMOVAL OF ABUSER FROM THE HOME DAY CARE REFERRALS FOR EMERGENCY FOOD FAMILY PRESERVATION REFERRALS FOR MENTAL HEALTH PARENT TRAINING REFERRALS FOR HOUSING OR SHELTER REFERRALS FOR MEDICAL REFERRALS FOR CASH ASSISTANCE BACKWARD FORWARD

9. ADOPTION AND SAFE FAMILIES ACT AGGRAVATED CIRCUMSTANCES Aggravated circumstances are specific situations where parents have placed children at great risk. Adjudication must have occurred prior to aggravating circumstances being alleged. The existence of aggravated circumstances requires that the social worker file a aggravating circumstances petition within 21 days. • EXAMPLES: • CHILDREN WHO HAVE HAD NO SUBSTANTIAL AND CONTINUING CONTACT WITH PARENTS FOR OVER 6 MONTHS • CHILDREN WHO HAVE PARENTS WHEREABOUTS UNKNOWN AND NO CONTACT WITHIN 3 MONTHS • THE CHILD OR ANOTHER CHILD IS A VICTIM OF SERIOUS BODILY INJURY, SEXUAL VIOLENCE OR AGGRAVATED PHYSICAL NEGLECT • THE PARENT IS CONVICTED OF CRIMINAL HOMICIDE, OR OTHER SERIOUS FELONY OFFENCES • A PARENTS WHOSE RIGHT HAVE BEEN INVOLUNTARILY TERMINATED FOR ANOTHER CHILD BACKWARD FORWARD

10. ADOPTION AND SAFE FAMILIES ACT COMPELLING REASON A COMPELLING REASON FOR CONTINUED PLACEMENT MUST BE PRESENTED AT EACH 6 MONTH HEARING FOR EACH CHILD IN PLACEMENT. DHS SHOULD MOVE TOWARD TERMINATION OF PARENTAL RIGHTS IF A COMPELLING REASON OR EXCEPTION IS NOT PRESENTED AND ACCEPTED BY THE COURT EXAMPLES: • CHILD 12 YEARS AND ABOVE DOES NOT WANT TO BE ADOPTED • PARENTS ARE MAKING SIGNIFICANT IMPROVEMENT AND REUNIFICATION IS IMMINENT • CHILD HAS INTENSIVE TREATMENT NEEDS AND PARENTS ARE UNABLE TO PROVIDE FOR THOSE NEEDS • SEPARATION OF SIBLINGS WOULD NOT BE IN THE BEST INTEREST OF THE CHILD • CHILD IS MOVING TOWARD INDEPENDENCE AND INDEPENDENT LIVING BACKWARD FORWARD

11. Court Report • COURT REPORTS MUST ARRIVE BEFORE 9 a.m. THE DAY BEFORE THE HEARING OR YOU MUST REPRESENT YOURSELF IN COURT • SUBMIT THE LAST TWO YEARS OF COURT REPORTS. • ADDRESS THE REASON THE CASE IS IN COURT. • REVIEW THE PREVIOUS COURT ORDER AND INDICATE WHETHER YOU HAVE COMPLIED WITH THE ORDER. • PROVIDE CURRENT INFORMATION REGARDING THE FAMILY’S PROGRESS MEETING THE GOALS OF THE FSP, AND THE FSP DATE. • PROVIDE THE CORRECT (AFS) ACCEPT FOR SERVICE DATE. • IDENTIFY THE LOCATION OF CHILDREN PLACED IN ‘OUT OF HOME CARE’ AND THE LENGTH OF TIME IN ‘OUT OF HOME CARE’ . BACKWARD FORWARD

12. Court Report • FILL OUT THE COURT REPORT USING THE GUIDE. EACH TYPE OF HEARING HAS A SEPARATE GUIDE. • REVIEW THE ASFA IMPLICATIONS OF CHILDREN IN PLACEMENT (PLACED 6 MONTHS OR MORE) • OUTLINE THE DHS RECOMMENDATIONS • THE SUPERVISOR IS TO REVIEW, MAKE CORRECTIONS AND INITIAL THE COURT SHEET • CONSULT WITH THE COURT REP AND SOLICITOR BACKWARD FORWARD

13. TYPES OF DEPENDENCY COURT HEARINGS DETENTION HEARINGHELD W/I 72 HOURS OF A RESTRAINING ORDER (SOCIAL WORKER ATTENDS) ADJUDICATORY HEARING HELD W/I 30 DAYS OF A PLACEMENT OR 10 DAYS OF AN DETENTION HEARING (SOCIAL WORKER ATTENDS) PERMANENCYHEARING - 6 MONTH REVIEW AGGRAVATED CIRCUMSTANCES GOAL CHANGE / TERMINATION OF PARENTAL RIGHTS NON PLACEMENT REVIEW- 6 MONTH REVIEW STATUS - HELD AT THE COURTS REQUEST Each hearing type has its own guide BACKWARD FORWARD

14. THE ORDER • THE JUDGE’S ORDER WILL BE RECORDED ON THE HEARING & ORDER (FORMERLY THE DRO) AND THE COURT REPORT. SAFETY, CONTRARY TO THE WELFARE, REASONABLE EFFORTS, COMPELLING REASONABLE EFFORTS AND AGGRAVATED CIRCUMSTANCES DETERMINATIONS NEED TO BE DOCUMENTED ON EACH ORDER. FAILURE TO DOCUMENT THESE ISSUES WILL RESULT IN THE DEPARTMENT LOSING FEDERAL REIMBURSEMENT FOR CHILDREN IN CARE. BACKWARD FORWARD

15. AFTER THE HEARING THE SUPERVISOR….. • LOGS THE COURT MATERIAL-TRACKING THE ORDERS OF THE COURT • UPDATES THE COURT CALENDAR - TRACKING THE NEXT COURT HEARING DATE • IDENTIFIES THE TASKS THAT NEED TO BE ON THE SOCIAL WORKERS ‘TO DO LIST’ • RETURNS THE DRO AND COURT REPORT TO THE SOCIAL WORKER BACKWARD FORWARD

16. AFTER THE HEARING THESOCIAL WORKER SHOULD……. • CAREFULLY REVIEW THE ORDER • LOG THE COURT MATERIAL -TRACKING THE ORDER OF THE COURT • UPDATE THE COURT CALENDAR- TRACKING THE NEXT COURT HEARING DATE • PLACE THE TASKS ON YOUR ‘TO DO LIST’ • CONTACT PARENTS AND CONTRACTED AGENCIES AND TELL THEM WHAT IS EXPECTED FROM THEM. • REVIEW THE FSP TO DETERMINE IF IT NEEDS TO BE REVISED BACKWARD FORWARD

17. PROBLEMS • IF YOU DISAGREE WITH THE ORDER OF THE COURT CONSULT YOUR SUPERVISOR AND ADMINISTRATOR TO DISCUSS THE ISSUE. ASK THE SOLICITOR IN COURT TO PLACE THE OBJECTIONS ON THE RECORD. DO NOT IGNORE THE ORDER. • IF YOU DO NOT RECEIVE THE HEARING AND ORDER (DRO) OR COURT REPORT CONTACT THE COURT REP IMMEDIATELY. • PETITIONS ARE FILED BY YOUR ASSIGNED LEGALASSISTANT IN THE SOLICITORS OFFICE (16TH FLOOR). • IF YOU DO NOT FULLY UNDERSTAND ASFA SPEAK TO YOUR SUPERVISOR/ ADMINISTRATOR. • EARLY RELISTS CAN BE REQUESTED BY COMPLETING THE FORM LOCATED IN THE COURT UNIT AREA BACKWARD FORWARD

18. SUGGESTIONS • PREPARE WELL IN ADVANCE • COURT REPORTS AREDUE 9AM THE DAY BEFORE THE HEARING. MAKE SURE THEY ARE ON TIME. • REVIEW THE LAST ORDER OF THE COURT • CONTACT THE COURT REP PRIOR TO THE HEARING. NOTIFY THE REP IF YOU ARE REPRESENTING YOURSELF IN COURT. COURT REPORT ARE STILL NEEDED AT 9AM. • CONTACT THE SOLICITOR FOR DETENTION, ADJUDICATORY, TERMINATION AND CONTESTED HEARINGS. SOCIAL WORKERS WILL NEED TO ATTEND THESE HEARINGS. • ENSURE THAT ALL PARTIES ARE INVOLVED IN PLANNING • ENSURE THAT ALL PARTIES ARE NOTIFIED OF THE HEARING DATES. BACKWARD FORWARD

19. USE THE TOOLS • Court Reports and Guides to Hearings • Reports from Providers • Length of time in care and placement type • Court Log and Calendar • DRO’s (orders from the court) • Consultation with the court rep or the solicitor BACKWARD FORWARD

20. QUESTIONS PLEASE CONTACT THE COURT UNIT SUPERVISORS, COURT REPS IF YOU HAVE OTHER QUESTIONS. TRAINING TRAINING ON THE COURT REPORT AND ASFA WILL BE PROVIDED ON AN ONGOING BASIS. CONTACT YOUR ADMINISTRATOR OR THE RTC FOR DETAILS BACKWARD FORWARD

21. COURT UNIT SUPERVISORS • MARTHA POLLER, SUPERVISOR 6665 • JANICE JERVAY SUPERVISOR 6678 • WANDA CROCKETT, SUPERVISOR 6684 • DELL MERIWETHER, ADMINISTRATOR 6707 BACKWARD FORWARD

22. COURT REPRESENTATIVES APPLEBAUM, PETER 3-6662 INCZE,MAGDALENA 3-6679 BANKS, MARY 3-6713 JENKINS, FAYE 3-6714 BARFIELD, SOPHIA 3-6683 MAJETTE,DEDORAH 3-6679 CHERRY, PAT 3-6680 MALLON, FRANK 3-6664 EARLY, ROS 3-6681 MULLIN, LISA 3-6661 ELD, MAUREEN 3-6683 SHINN,DONNA 3-6683 FRIES, MAUREEN 3-6682 SPEIGHT, LYNN 3-6714 HARRIS, GWEN 3-6712 WARD, MAUREEN 3-6681 HOLLAND,DONNA 3-6680 WILKERSON, GARY 3-6661 WILLIAMS,SONITA 3-6664 WOLFE, RICK 3-6662 BACKWARD FORWARD

23. THANK YOU FOR YOUR TIME CLICK HERE FOR THE QUIZ CLICK HERE TO RETURN TO THE BEGINNING OR BELOW TO GO TO THE SPECIFIC TOPIC HEARING TYPES ASFA SUPERVISOR FOLLOW-UP PREPARING A COURT REPORT SOCIAL WORKER FOLLOW-UP COURT ORDER

24. ASFA Quiz 5 questions Answer each question correctly before you can proceed to the next question. If you miss a question you will be sent back to the first question. When you select the correct answer you will proceed to the next question. The pages will not turn until you make a selection or quit. Good luck Begin the Quiz End the Quiz

25. Q: Which of the following is the best measure of safety? Visiting the child at their school? Calling the child to find out how there doing in placement? Visiting the foster home and seeing the child? Speaking to the child in person at court?

26. Q: Which of the following is the best measure of safety? Correct answer A: Safety must be assessed at each in-person contact with a child. It can not be fully assessed unless a social worker visits the child where they live. Visiting the child at their school? Calling the child to find out how there doing in placement? Visiting the foster home and seeing the child? Speaking to the child in person at court? Correct Continue to next question I quit

27. Q: At what hearings is testimony needed to determine if remaining in the home is contrary to the welfare of the child? Review hearings Adjudicatory and Permanency Detention and Permanency Detention and Adjudicatory

28. Q: At what hearings is testimony needed to determine if remaining in the home is contrary to the welfare of the child? Correct answer A: This determination is only necessary for a child that has not been adjudicated. ‘Contrary to the welfare’ must be presented until adjudication occurs for children in placement. Review hearings Adjudicatory and Permanency Detention and Permanency Detention and Adjudicatory Correct Continue to next question I quit

29. Q: Which of the following are notreasonable efforts to prevent placement? 1) SCOH SERVICES 2) DAY CARE 3) REFERRALS FOR MENTAL HEALTH 4) PARENT TRAINING 5) REFERRALS FOR CASH ASSISTANCE 6) REMOVAL OF ABUSER FROM THE HOME 7) REFERRALS FOR EMERGENCY FOOD 2 and 3 5 and 7 6 and 4 All are reasonable efforts

30. Correct answer Q: Which of the following are notreasonable efforts to prevent placement? A: All of these services are reasonable efforts to prevent placement. Any services that you provide to a family to keep the children out of care qualify as reasonable efforts. 1) SCOH SERVICES 2) DAY CARE 3) REFERRALS FOR MENTAL HEALTH 4) PARENT TRAINING 5) REFERRALS FOR CASH ASSISTANCE 6) REMOVAL OF ABUSER FROM THE HOME 7) REFERRALS FOR EMERGENCY FOOD All are Correct Continue to next question I quit

31. If a social worker does not provide a compelling reason at the 12th month hearing or beyond, what happens? Your supervisor gets really angry The law department must file for termination of parental rights petition The compelling reason can be presented at the next hearing date The child is returned home due to lack of evidence

32. If a social worker does not provide a compelling reason at the 12th month hearing or beyond, what happens? Correct answer A: A compelling reason must be providedat each permanency hearing. It justifies to the court the reason we do not want to terminate the parental rights. If not presented a TPR petition must be filed. Your supervisor gets really angry The law department must file for termination of parental rights petition The compelling reason can be presented at the next hearing date The child is returned home due to lack of evidence Correct Continue to next question I quit

33. Q: Aggravated circumstances must be alleged …. at every court hearing by filing a petition within 21 days of identifying the situation by notifying the child advocate in writing by documenting it within the case record

34. Correct answer Q: Aggravated circumstances must be alleged …. A: ASFA requires that allegation of aggravated circumstances have a petition filed within 21 days of the situation coming social workers attention. at every court hearing by filing a petition within 21 days of identifying the situation by notifying the child advocate in writing by documenting it within the case record Correct Next I quit

35. SorryIncorrect Answer You are being sent back to the first question I’ll try again I Quit

36. Congratulations You have successfully answered the Adoption and Safe Families quiz. Click here to end the show Click here to return to the beginning

37. Congratulations You have successfully completed the ASFA slideshow and have answered the questions correctly. If you have additional questions please feel free to contact your court rep, solicitor or supervisor. Thanks End Presentation