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Permanency For Every Child

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1 Permanency For Every Child
Stay Home. Go Home. Find Home. Welcome. The purpose of today is to discuss the process of permanency and concurrent planning and to share information about how you achieve the best outcomes in partnership with parents, caregivers, families and the court process. This training will reinforce the training you received through RCT and the CFWS in-service and as a refresher for those of you who have been on the job for a while. “Stay Home, Go Home, Find Home” are the simplest terms for reasonable efforts required by federal law. Reasonable efforts are about preserving or creating permanency for a child. Reasonable efforts must be made by the assigned CA worker to: Prevent placement of a child in out-of-home care, unless the child is determined to be unsafe. Return a child home when safe to do so. Achieve timely permanency when a child can not return home.

2 Learning Objectives Understand permanency foundations; definitions, impacts and laws Utilize concurrent planning components to move cases from the beginning to achieve timely permanency Utilize shared planning, monthly visits and parent-child visits to engage parents and youth in achieving timely permanency Identify the best permanency options for children Today, we are going to focus on: Understanding permanency foundations; definition, impacts and laws Utilizing concurrent planning components to move cases from the beginning to achieve timely permanency Utilizing shared planning, monthly visits and parent-child visits to engage parents and youth in achieving timely permanency Identifying the best permanency options for children Through these discussions, we will touch on the components of concurrent planning, the foundation for achieving timely permanency. Activity: Ask participants if there are specific topics they would like to cover in today’s session that have not been identified? **Handout - Permanency for Every Child –Pretest To get us into the mindset of permanency planning please take a few minutes to complete this Permanency for Every Child Pre-test, individually. As you take the Pre-test, notice which questions you felt most confident about and where you think you need to learn more.” The answers will be provided throughout the training and at the end of the training, we will review you pre-test again and provide an answer key for discussion.

3 What is Permanency? Permanency is a family relationship that is intended to last a lifetime. The intent to endure indefinitely Commitment, continuity and assumption of a common future A sense of belonging and emotional security, and Legal and social family status that protects a child’s or youth’s legal rights and interests and transcends the societal stigma of foster care. From the National Resource Center for Youth Development. Handout: Permanency Timeline Group Activity/Discussion: Permanency Timeline Ask participants to define permanency. What are the aspects of permanency? Can you identify a child on your caseload who is close to permanency or has achieved permanency? Fill out the Permanency Timeline handout for that child. Something to remember, except in a very small number of cases, the process to achieve permanency for a child is the same regardless of the permanency outcome identified and/or achieved. That means the court process, the engagement process with families and support systems, the rules, RCW’s, policies/procedures are the same in each case even though there may be a different permanency outcome from one case to another on your caseload.

4 Y O U T H V I C E Think about how a child would define “permanency.”
Introduce the video. Passion to Action Youth/Young Adults talking about permanency. (hyperlink is embedded in the slide photo) GROUP DISCUSSION Discuss common themes. Permanency means many things and has many nuances. There are the legal aspects and then the “feeling” and emotional aspects of what it feels like for a child to be in a permanent home.

5 Pillars of Permanency Different types of Permanency:
Legal Permanency: A legally established relationship through reunification, adoption, guardianship, third parent/non-parental custody or tribal customary adoptions Relational permanency: An emotional attachment between the child or youth and their family members In the next two slides, we will explore the four Pillars of Permanency. This is a concept that helps to define permanency. Frequently children and youth will identify a sense of permanency along the following path: physical, relational, legal and cultural. Legal Permanency: This is the legal aspect via the court systems. This includes reunification, which is always the first and foremost option if the child can be placed back home into a safe environment. Sometimes return home can be easily established with information gathering, but other times, it can take more time when services are needed and there is a dependency as to the child. Other legal options include, adoption, which will require a termination of parental rights when return home is not an option. Guardianships should be considered when there is a compelling reason to do so such as for older youth who do not want to be adopted or when it’s appropriate for a younger child such as one living with a relative. Third Party/Non parental custody typically is considered with relatives. Please note: Tribal, customary adoptions do not require the parents’ rights to be terminated. Not all Tribes have tribal law that allows customary adoptions and some Tribes may not be opposed to an adoption in state court that requires a termination of parental rights. It often depends on the case specifics. Many tribes have guardianship available. Relational Permanency: This is when a child has an “emotional” connection to family or caring adult.

6 Pillars of Permanency, cont.
Cultural permanency: A continuous connection to family, tradition, race, ethnicity, culture, language, faith/non-faith practices and family privilege Physical permanency: A sense of place that is directly tied to family membership. This can include a designated space to sleep, a bedroom, house/apartment, neighborhood, locale or feeling of kinship that is present in family gatherings. Cultural Permanency: This is when a child identifies with their heritage, such as where they are from originally; their family is from, or such as when the child is Native American. Culture, language, faith or non-faith, and acceptance of being (LGBTQ, disability, etc.). Physical Permanency: This is about where the child will live and with whom that child will live.

7 Why is Permanency Planning Important?
Permanency affects developmental, social, financial and educational trajectories. Permanency planning: Protects the child developmentally Protects primary attachments or creates new ones Preserves cultural and family connections Research shows the longer children are in care the more negative outcomes they have over their lifetime. The greatest impact is to the youth who age out of care. Anti,Christensen, vanZyl & Barbee, 2012; Healy, Darlington & Yellowlees, 2011; Dawson & Berry, 2001; Jones, McGura & Shyne, 1981. Because permanency affects all life domains, the repercussions when youth don’t achieve permanency cross all life domains. Family is one of the primary platforms for identity formation The interruption of “family” created by removal and subsequent moves interrupts identity formation. Permanency for a child is a protective factor. Protective factors promote well-being and reduce the risk of negative outcomes. Children exposed to Child Abuse and Neglect experience trauma. When they are placed in out of home care, they experience further trauma and depending on their experience in out of home care, may continue to experience trauma. Child welfare workers must address not only safety but the consequences of trauma. Building Protective factors for CA/N victims can increase resilience.

8 Why is Permanency Planning Important?
The longer children stay in care, the less likely they will be reunified. The longer a child is in care, the more likely he/she will experience repeated moves. The longer a child is in care, the more likely he/she will have multiple caseworkers. The longer a child is in care, the more likely he/she will experience further trauma. The important thing to remember is that we (the child welfare system) are not very good parents for children in out of home care over time. “Out-of-home placement is typically associated with numerous disruptions in attachment relationships. These losses and lack of permanence undermine a child’s attempt to form a secure attachment with a primary caregiver. The more changes in caregivers young children in foster care experience the more likely they are to exhibit oppositional behavior, crying, and clinging (Gean, Gillmore, & Dowler, 1985). “ The longer a child is in placement, the greater the chance that he or she will move from one foster placement to another, placing the child at further risk of negative social and emotional outcomes, impacting daily functioning and adjustment. Frequent moves mean that the child faces continuing disruption of relationships with friends, siblings and other relatives, coaches, teachers, classmates, religious leaders and others. Children may move from their original schools multiple times during the school year. Frequent changes in caseworkers, judges and legal representation also interfere with child well-being and achievement of a permanent home. (The Social and Emotional Well-Being of Children in Foster Care-National Conference of State Legislatures)

9 Impact of Worker Turnover on Permanency
74.5% 17.5%. .01% As mentioned in the previous slide, the longer a child remains in out of home, the more likely he/she will have multiple caseworkers. (The caseworker turnover rate in WA state is around 20%) This worker turnover impacts the likelihood of permanency. In a study from Milwaukee County, WI --Children entering care during the study time period who had only one worker achieved permanency in 74.5% of the cases. As the number of case managers increased the percentage of children achieving permanency substantially dropped, ranging from 17.5%, having two case managers to a low of 0.1% having six and seven case managers. (Review of Turnover in Milwaukee County Private Agency Child Welfare Ongoing Case Management Staff January, 2005; Flower et al, 2005 )

10 Since 2013, the out-of-home care population has grown by 7. 6%
Since 2013, the out-of-home care population has grown by 7.6%. Length of stay is increasing in Washington. The number of children entering care is out pacing the number of children leaving care. During the calendar year 2016, 4,029 children exited care. 3,820 children achieved permanency through reunification, adoption or guardianship. In looking at the totals at the right side of the graph, 1344 children were adopted in % of those children were adopted after being in out of home care over 24 months. Roughly 30% were adopted in under 24 months. 153 children aged out of care-they turned % of those children were in care over 24 months. 10 children died in care. These children likely were medically fragile children that come into care. No children died as a result of any child abuse/neglect while in out of home care. 329 children achieved permanency and exited care through a guardianship. 58% of those guardianships were established after the child had been in care over 24 months. 42% were established in less than 24 months. 2147 children were reunified. 47% of those reunifications happened before the child was in out of home care 15 months. On January 1, 2017, just after the 2016 calendar year ended, there were 8,806 children in out of home care. Trainer Note: Information obtained from FamLink and the APSR submitted 2017.

11 Implications for Youth Who Age Out
Over 20% will become homeless Under 60% will graduate from high school 71% of young women will be pregnant by age 21 25% will be involved in the justice system within 2 years of leaving foster care Under 3% will earn a college degree 50% are unemployed by the age of 21 Group Discussion: Ask participants if they can identify some implications or impacts for youth who age out of care-brainstorming. Then fade in each of the bullets. Youth who age out are youth who were unable to achieve legal permanency. “As mentioned earlier, lack of permanency impacts all life domains. Without family and permanency, youth who age out do not have the supports needed to successfully transition to adulthood.” Multiple studies of youth previously in foster care support these findings. Source: Jim Casey, The Business Case for Investing in Youth Aging Out, 2013.

12 Children’s Administration Policy and Procedures
FEDERAL AND STATE LAWS Children’s Administration Policy and Procedures **Handout-Major Federal Legislation Concerned with Child Protection, Child Welfare, and Adoption Review the timeline of legislation and ask some prompting questions about which legislation came first. Federal laws dictate state laws. State laws may include more stringent rules but can’t violate federal laws. Following federal laws ensures states receive federal funding to support child welfare programs, interventions and services. Federal Annual Progress and Services Reports (APSR) and Child and Family Service Reviews (CFSR) help determine if states are following federal laws and how well they are doing in enacting those laws and requirements. Policy may further tighten timelines in order to achieve state and federal laws. For example, federal law (ASFA) requires states to “file a petition to terminate parental rights and concurrently, identify, recruit, process and approve a qualified adoptive family on behalf of any child, regardless of age, that has been in foster care for 15 out of the most recent 22 months.” State law (RCW requires the court to “order the department or supervising agency to file a petition seeking termination of parental rights if the child has been in out-of-home care for fifteen of the last twenty-two months since the date the dependency petition was filed unless the court makes a good cause exception as to why the filing of a termination of parental rights petition is not appropriate.” CA policy ( Termination of Parental Rights (TPR) – Compelling Reasons) requires “A petition to TPR must be submitted to the Attorney General's office by the child's 12th of the last nineteen (19) months in out-of-home care or sooner, when it is in the child's best interest………” This is to ensure that the petition is filed in court by the 15th month.

13 Federal and State Laws The Preventing Sex Trafficking and Strengthening Families Act, 2014 Fostering Connections to Success and Increasing Adoptions Act, 2008 Adoption and Safe Families Act, 1997 Multi Ethnic Placement Act (MEPA), 1994 and Interethnic Placement Act (IEPA), 1996 Adoption Assistance and Child Welfare Act, 1980 Indian Child Welfare Act, 1978 RCW Title 13 Juvenile Courts and Juvenile Offenders Group Activity: Divide class into two or three groups depending on size. Have each group pull up the **Handout-Major Federal Legislation Concerned with Child Protection, Child Welfare, and Adoption on their tablets. Assign each group two or three of the federal laws listed on the slide. Have each group review the law in the handout. They should have a discussion and decide within their group about which key points are most pertinent and relevant to present to the class. Each group will then present the key points to the rest of the class and explain why their identified key points are relevant to their permanency work. PL the Preventing Sex Trafficking and Strengthening Families Act, 2014 Key elements: Establishes requirements for identifying, reporting and determining services for victims of sex trafficking. This resulted in CSEC policy and updates to Shared Planning Policy, including requirements for screening children for CSEC and determining appropriate services. Limits the use of APPLA (Another Planned Permanent Living Arrangement) to youth age 16 and older. (Previously it had been available to youth age 14 and older) For youth whose plan is APPLA, requires that at each permanency planning hearing, documentation must be provided to the court about efforts to place the child permanently (return home, adoption, guardianship, etc) The court must then make a finding that APPLA is the best plan for the child and that there are compelling reasons why it’s not in the child’s best interest to be placed permanently. Requires workers to document for the courts, steps to ensure that the foster family follows “the reasonable and prudent parent standards” and “whether the child has regular opportunities to engage in age or developmentally appropriate activities.” For youth age 14 and older, requires the case plan to be developed in consultation with the child and gives the child the option of including two members of the case planning team that are not the caseworker or foster parent. This has been added to Shared Planning Policy (1710. Shared Planning Meetings). PL Fostering Connections to Success and Increasing Adoptions Act, 2008 Gives states access to funding to help for kinship caregivers. Allows states to use federal IV-E funds to pay licensed kinship providers who assume legal guardianship of children. In our state this subsidy is called RGAP. Requires states to make due diligence efforts to contact adult relatives of a child within 30 days of the child’s entry into out of home care. Requires states to make reasonable efforts to place siblings together. Allows states to provide extended foster care for eligible youth after age 18. PL Adoption and Safe Families Act, 1997 Requires permanency hearings to be held no later than 12 months after entering foster care. Requires states to initiate termination of parental rights proceeding after the child has been in foster care 15 of the previous 22 months, unless compelling reasons exist. Authorizes the Use of the Federal Parent Locator Service to assist in locating absent parents. Between 1986 and 1995 the number of children in foster care nationally rose 76%. The Adoption and Safe Families Act, 1997 was passed in part to address the influx of children in out of home care. PL and PL Multi Ethnic Placement Act (MEPA), 1994 and Interethnic Placement Act (IEPA), 1996 Prohibits the delay or denial of a child’s foster care or adoptive placement on the basis of the child’s or the prospective adoptive parent’s race, color, or national origin. Individuals may not be denied the opportunity to become a foster or adoptive parent on the basis of the prospective parent’s or the child’s race, color, or national origin. States must diligently recruit foster and adoptive parents who reflect the racial and ethnic diversity of the children in the state who need foster and adoptive families. PL The Adoption Assistance and Child Welfare Act, 1980 Requires reasonable efforts to prevent removal and to work towards reunification. Requires courts to review child welfare cases and efforts towards permanency. Created the adoption assistance program (giving funding to support adoption out of foster care) PL Indian Child Welfare Act, 1978 Outlines the rights of the Native child, parents and Tribe Establishes higher burdens of proof in court proceedings (beyond a reasonable doubt for termination of parental rights proceedings) Grants the Tribe the right to request the case transfer from the state court to Tribal court which must be granted unless good cause exists. Establishes placement preferences for children placed in out of home care. RCW Title 13 Juvenile Courts and Juvenile Offenders State laws pertaining to juvenile court dependency actions and requirements are found in Chapter

14 Child Welfare Timelines
Not a law but a measurement, CFSR Permanency timelines/expectations: Reunification (12 months) Guardianship (18 months) Adoption (24 months) 60 days from OPD-Permanency Planning Goal Identified & Documented 6 months from OPD or 90 days from dispositional order (whichever comes first) -Initial Review Hearing Timelines for child welfare cases are established in state and federal law to address the rights of parents and children and to address foster care drift-a concept that indicates a child is left in the foster system without any plans or proactive efforts to get them out of the foster care system. Federal Annual Progress and Services Reports (APSR) and Child and Family Service Reviews (CFSR) help determine if states are following federal laws and how well they are doing in enacting those laws and requirements. The permanency timeline expectations under the CFSR are: Reunification within 12 months Guardianship within 18 months Adoption within 24 months These are aspirational timeline goals. (Refer back to the data in slide 10 – length of time to achieve permanent plans) Additional timeframes include: The permanency planning goal must be identified no later than 60 days from the Original Placement Date (OPD)-not to be confused with the Office of Public Defense. The Initial Review hearing must be held 6 months from the OPD or 90 days from dispositional order (whichever comes first) Handout and Group Discussion: Permanency Timeline. Let’s look at the permanency timeline you completed. How old was that child when the child entered care? Where is the child currently in terms of the dependency timeline? How does the age of the child impact the timeline? (For example, a child entering care at age 1, who has been in care for the past two years, has been in out-of-home care more than half his/her life.) How might you use this timeline in your day to day work? What are some of the challenges you face in meeting these timelines?

15 Child Welfare Timelines
12 months from OPD-Permanency Planning Hearing and annually thereafter. 15 months from OPD-Permanency achieved at earliest possible date – preferably before the child has been in out of home care 15 months. 12 months-TPR referral to AAG by the child's 12th of the last nineteen (19) months in out-of-home care or sooner. 15 out of the most recent 22 months-Initiate a TPR petition Adoption within 6 months of TPR order (goal) The first Permanency planning hearing needs to be 12 months from OPD and annually thereafter Washington State law states that permanency should be achieved at the earliest possible date and preferably before the child has been in out of home care 15 months. Policy requires the worker to file the TPR petition to AAG by the child's 12th of the last nineteen (19) months in out-of-home care or sooner. This is usually just the referral to the AAG’s who then write the petition. AFSA requires a TPR petition be filed when the child has been in out of home care 15 of the most recent 22 months unless compelling reasons exist. GROUP DISCUSSION (see if participants can give these via shout out) What are the questions that the court will need to answer by the end of a permanency planning hearing? Were the parents given notice of the hearing? What efforts were made to find absent parents? Why can’t a safety plan be put in place to return the child(ren) home? This will be answered again at subsequent hearings. What efforts have been made to place the child with a relative or suitable other person? Has there been verification of Native American status? Is the child eligible for membership in a federally recognized tribe? If you are saying no – you better have heard from all legal parents that they have no Native American ancestry, and it doesn’t hurt to have confirmed with relatives. What services and evaluations have been completed? How has progress been demonstrated? Have the parents and child(ren) (if age appropriate) been included in shared planning meetings? If not, why not? Have parents and child(ren) been included in case planning? If not, why not? If so, how has that been documented? How are parent child visits going? Is there a change in visit frequency or supervision level? What is the identified alternate plan and why? Do compelling reasons exist to not file a termination of parental rights petition? Is the child participating in age appropriate activities or been given the opportunity?

16 Permanency Planning & Concurrent Planning
Permanency planning begins at our first contact and continues until permanency is achieved Concurrent planning is working towards reunification while at the same time establishing and implementing an alternative federally approved permanency plan to: Support the safety and well-being of children and families Promote early permanency decisions for children in out of home care Decrease children’s length of stay in foster care Group Discussion: Ask participants to shout out ways that permanency planning begins at first contact. Examples: At intake asking the referrer if there is any Native American heritage in the family (to preserve Tribal connections and potential resources) asking the school if there are emergency contacts listed. (these may be potential placement resources if needed or supports for the family.) Seeking thorough information about the concerns and strengths in the family CPS Making a thorough assessment to best understand the family dynamics, safety threats and risks and thus the solutions and services to address the concerns Creating a safety plan to maintain the child in the home if possible (preserving their permanent connections) Offering services to help maintain the child in the home and prevent further CA/N allegation Locating absent parents who can potentially provide support and resources, at least be a part of the child’s life If removal is necessary, utilizing the information gathered to involve an absent parent, Tribes, other relatives to support the child and family. Take steps to reduce the trauma of removal for the child, engaging the parent to keep them going. Making a home study referral for a relative/kin asap so as not to delay a placement or rule out an inappropriate placement

17 CONCURRENT PLANNING COMPONENTS
Identify Race/Ethnic Heritage Family Assessment Develop A Case Plan Review Progress, Not Simply Compliance Reasonable Efforts To Provide Services Engage The Family Relative Search Develop A Visitation Plan CONCURRENT PLANNING COMPONENTS On-Going Assessment And Legal Action Discuss Alternative Permanent Plans Concurrent planning is not static. Concurrent planning is an evolving conversation, a collaborative and inclusive process. Concurrent planning is not the same thing as a “concurrent plan” and more than just a “Plan A and Plan B”. The components of concurrent planning are “bang for your buck” work; regardless of the permanent plan, working on these components will get the case to permanency in a more timely way. By engaging in concurrent planning, you are setting up the case from the beginning to achieve timely permanency. Review the 10 Components above. **Handout- Components of Concurrent Planning Group Discussion What role does the parent play in developing the concurrent plan? How do you know if the parents understand concurrent planning?

18 Why is a thorough family assessment important?
When should you complete a family assessment? Group Discussion: Ask participants to answer these questions. This could be a table top discussion or whole group. Why is a thorough family assessment important? Possible answers: Facilitate better understanding of family dynamics. Identify what brought the family to the attention of the agency. It is the foundation for establishing a good case plan. When gathering information from the parents and children, you are relaying interest in their circumstances and building trust and rapport. When should you complete a family assessment? Per policy: Complete and update at key decision points in the case. The Gathering Questions/part of the safety framework are utilized throughout all assessments from the intake through the Comprehensive Family Evaluation and court report. The Comprehensive Family Evaluation should be completed: A minimum of every six months or when a new report to the court is required for a CFWS case. When conditions for return home have been achieved. When developing or changing a case plan. Prior to case closure. Who can shout out the gathering questions? Answers: What is the nature and extent of the maltreatment? What surrounding circumstances accompany the maltreatment? How does the child or children function on a daily basis? How does the parent(s)/caregiver discipline the child? What are the overall parenting/child care practices used by the caregiver? How does the parent(s)/caregiver manage his/her own life on a daily basis (this focused on how the parent functions in an adult role outside of his/her parenting role)? What else would you want to know? What trauma has the parent experienced in their childhood, in adulthood? How has that impacted them? How does this component contribute to concurrent planning and early permanency? Refer participants to the Court Report Mapping and Guidance Document available on the intranet.

19 Develop A Visitation Plan
Parent – child—sibling visits: preserve the bond between the parent, child and siblings provide opportunities to improve or practice new parenting skills help reduce further trauma by assuring the child(ren) that the parent is still a part of their lives Visits preserve the bond between the parents, child and siblings. Visits may provide an opportunity to create and build a bond. Visits can be the laboratory for parents to try out new parenting skills and the window for workers to observe motivation and behavior change in the parent. A written visit plan can reassure the parent that we value their role as the parent, that we want them to stay involved in their child’s life and that we believe they can do it. On-going visits may motivate the parent to make positive changes and the parents’ participation in visits may be an indicator of their motivation. Parent allies have stated on several occasions that having one person believe they can do it was what helped them in achieving reunification. This may be the caseworker, their attorney, the CASA, the child’s case giver or another support person. Policy requires that visits be in the least restrictive setting and unsupervised unless the presence of threats and danger to the child requires the constant presence of an adult to ensure the safety of the child.  Decisions about whether visits are unsupervised, monitored or supervised are based on: Risk factors Present danger Safety threats Protective factors demonstrated by the parent On-going reassessment of risk and safety and review of visit plans should occur at worker observations of visits at least quarterly, Shared Planning Meetings and monthly supervisor reviews until the child returns home or permanency is achieved. This on-going assessment should focus on whether safety concerns are mitigated or reduced, the quality of the parent-child interaction, communication patterns, roles, strengths, concerns and overall progress. Group Discussion: How does this component contribute to concurrent planning and early permanency? **Handouts: Parent Tip Sheet for Successful Visits (DSHS ) Caregiver Tip Sheet for Successful Visits (DSHS ) Caseworker Tip Sheet for Successful Visits (DSHS )

20 Parent-Child-Sibling Visits and Permanency
Connection between frequency of parent visitation and LOS (Kelly & Taylor 12/29/00) Time to 1st visit after placement and the number of visits are factors in predicting re-entry after reunification (OCAR, 2000) Children who are visited more frequently have fewer emotional and behavioral problems (Cantos,Gries & Silis, 1997) Sibling relationships are some of the longest lasting relationships a person has in his/her lifetime Ask group if they have questions about this information?

21 Supporting Visits Group Discussion/Activity:
Describe a world where parent-child-sibling visits were infrequent, not meaningful and traumatic for children, parents and caregivers, what would you do? After discussion, ask participants: “How does this look compared with our current system of practice around parent-child-sibling visits?” “What would/could you do to support parent-child visits? What would/could you do to support sibling visits if the children are not placed together?” Possible answers: Prepare both foster parents and birth parents that visits can be stressful –and that children may act out behaviorally-Children may experience anger, grief, or other feelings Provide parents with concrete assistance i.e. transportation, help with food, snacks, games or other activities Tell children about when and where visits will occur Encourage and/or create opportunities for the foster parents of siblings to get to know each other and include siblings in normal childhood activities. Debrief visits with foster parents and birth parents For more tips in supporting visits, refer to the Handouts-Parent-Child Visit Tip Sheets. Ask Participants to shout out tips. Review Concrete Goods poster. Utilizing concrete goods to support visits also is a reasonable effort to achieve reunification. Handouts: Got the Goods-Concrete Goods poster. Visit Report: Parent-Child Visits (DSHS )

22 THERE IS URGENCY FOR EVERY CHILD NOT IN A PERMANENT HOME
…….Because…… No child should grow up in foster care After lunch activity FACTORS INFLUENCING TIMELY PERMANENCY (From the Child Welfare Information Gateway-Concurrent Planning: What the Evidence Shows Available online at Ask the participants if the following factors influence timely permanency. True/false or Thumbs Up or Thumbs Down. P.S. They are all true. (Whole room activity) Race. (Thumbs up or thumbs down? Provide the answer and that “African-American children were 74 percent less likely to achieve timely permanency”.) Mental health. (Thumbs up or thumbs down? Provide the answer and that “Children with emotional or behavioral problems were 89 percent less likely to achieve timely permanency.”) Caseworker consistency. (Thumbs up or thumbs down? Provide the answer and that “Each additional caseworker decreased the likelihood of timely permanency by 63 percent’.) Fewer placements. (Thumbs up or thumbs down? Provide the answer and that “Each additional placement a child experienced reduced the odds of attaining timely permanency by 32 percent”.) Poverty. (Thumbs up or thumbs down? Provide the answer and that “Eligibility for title IV-E assistance. Children from families that were poor enough to qualify for title IV-E eligibility were 90 percent less likely to achieve timely permanence in 12 months. Thus, ineligibility due to higher income increased the odds for timely permanency”.) Substance abuse. (Thumbs up or thumbs down? Provide the answer and that “When parental substance abuse was identified, timely permanence was 23 times more likely.”) Court timeframes. (Thumbs up or thumbs down? Provide the answer and that “Each day less between the initial filing and the adjudication increased the chance of timely permanence by 1 percent, and each day less between the adjudication and the order for treatment plan increased the chance by 3 percent.”) What this does not say is what timely permanency plan was achieved.

23 “Put the “social” back in social work” (from a Parent Ally)
Engage The Family Ask, Listen, Accept “Put the “social” back in social work” (from a Parent Ally) Don’t forget FATHERS It is your opportunity to build rapport and trust with the family, the basis for a relationship. Share your assessment with them, including strengths and challenges. Be honest. There is nothing worse than for the parent to hear for the first time at a court hearing that you have filed a petition for Termination of Parental Rights. Explain the effects of the abuse/neglect on the child, the negative effects of out of home care on the child and the need to determine a permanent plan in a timely manner. Be transparent. Be clear that there are time frames required by law. You must make on-going efforts to engage the parents-all parents. It is not good enough to say the parent didn’t call you-it is on you to keep trying to engage them. They come to our attention because they are broken, we must start our work with them from where they are at. Have you: Listened to and addressed issues that concern the family? Helped meet concrete needs? Set goals that are mutually agreed on, generated primarily by the family and stated in their language? Focused on improving the parents’ skills rather than providing “insights”? Provided the family with choices when possible? Obtained commitment from the family that they will engage in mutually identified tasks? Shared openly about timelines and court issues? Conducted at least monthly and substantive home visits? Recognized and praised progress? You must make immediate, diligent and on-going efforts to locate absent or unknown fathers, verify their identifies and document. Offer fathers services and supports Address father-specific needs (community services, father support groups, counseling, housing and employment services, etc.) Ensure a constructive caseworker-father relationship (From “Family Engagement: Partnering With Families to Improve Child Welfare Outcomes” Child Welfare Information Gateway) **Handout – Parent Engagement Tip Sheet (10/27/2017) **Handout - CFWS-Permanency Newsletter “Parent Voice Matters” (September, 2017) **Handout – Reasonable Efforts to Locate Parents/Children (DSHS , Rev. 12/2014 Group Discussion/Activity: Have participants take turns reading the bullets in the CFWS-Permanency Leads Newsletter “Parent Voice Matters” . Ask participants: How does this component contribute to concurrent planning and early permanency?

24 Engagement Opportunities
Permanency Planning Parent-Child Visits Health and Safety Visits Shared Planning Meetings Monthly Visits with Parents Engagement Opportunities Assess and Re-evaluate Assess and Re-evaluate Group Discussion: What strategies do you use to engage families? (refer to previous handout: Parent Engagement Tip Sheet (10/27/2017) How do you initiate discussion? Genograms Family photographs Ask them questions? Listen How do you convey: Empathy? Respect? Genuineness? Competence? **Handout: Genogram Health and Safety Visit lists Review health and safety visit checklists-questions for children and youth? Assess and Re-evaluate Assess and Re-evaluate

25 Shared Planning Meetings
All permanent plans are considered at every shared planning meeting Provide participants with information and education about the different permanent plans Provide an opportunity for full disclosure Relationship building Help formulate the case plan with input from all participants Handout: Guide to Shared Planning Meetings (DSHS ) Group Discussion: Have participants shout out what topics should be discussed at Shared Planning Meetings. Safety Safety assessments Safety plans Services needed to reduce safety concerns and increase protective capacities. Permanency Progress toward achieving a permanent plan and appropriateness of the case plan to address safety threats and barriers to reunification. All primary and alternate permanency plans. Compelling reasons if a TPR has not been filed within 12 months of child’s OPD. Placement stability Appropriateness of current placement. Child’s adjustment in the placement. The need for services to reduce risk of disruption. Sibling connections. This includes efforts to place siblings together and maintain sibling visits or contacts. Parent-child visits and level of supervision needed to manage safety threats during visitation, transportation, efforts to include relatives and family supports at visits. Relative search efforts, status of Tribal affiliation, involvement and notification to relatives and Tribes. Plan to maintain community and cultural connections. Well-being Mental health, physical health and well-being of child, including medical information and needs. This includes determining if a Wraparound Intensive Services (WISe) referral needs to be made for a child or youth with complex behavioral health needs. Alternative plan for assessment and treatment if child has been denied mental health or substance abuse services. Services to support healthy development and attachment.  This includes normal childhood activities under the reasonable and prudent parenting standard. The child’s connections with siblings and other relatives.  For youth 16 and above, this includes discussing skills and strategies to safely reconnect with any identified family members and provide guidance and services to assist the youth. Child’s education status, needs and supports. Assign tasks and responsibilities as appropriate for child's education to include but not limited to, school enrollment, transportation, referrals for school based services. Results of the CHET screening and other assessments if available. If CHET results are not available, present results at the next scheduled shared planning meeting. Services and activities needed to support the youth in his or her transition to adulthood: For youth 14 years of age or older as part of transition planning: Education Employment Housing Health insurance Mentors and continuing supports For youth 15 years of age and older status of referrals to Independent Living Services contract providers. Cultural and/or Tribal connections. Ask participants to provide ideas on what a shared planning meeting looks like? From policy: Structuring the meeting: the assigned caseworker or supervisor will: Present a case history and the child and/or family’s current situation. Provide participants the opportunity to present information and engage in the shared planning process. Identify family strengths and community and cultural supports.

26 Full Disclosure Acknowledge strengths Share assessments
Share consequences of impermanence Be clear about time lines Describe change in specific terms Behaviors not Promises Full Disclosure-is part of engaging the parent in case planning and discussing alternative permanent plans. Parents have the right to know potential outcomes of their involvement with CA. and their responsibilities. Workers need to convey the urgency for permanency and make expectations clear. Parents need to know the potential consequences, their responsibilities and the changes needed to support reunification. Ask the parent what they expect from the worker. All of us appreciate honesty in relationships. Group Activity: First play the video that is linked in the title of this slide. Pair and Share: Have participants think about the following questions: What do you do to prepare for this discussion with the parent? What has worked well for you? What hasn’t worked well? Have one person be the parent and the other person the caseworker. Practice full disclosure.

27 Discuss Alternative Permanent Plans
Discuss and provide education to parents and youth about: permanency planning options legal requirements and timeframes Key to discussing Alternative Permanent Plans with the parent is your relationship and engagement with the family. One way to approach a parent in this discussion is to engage them in the common goal of wanting them to parent their child. As a parent, who would you want to take care of your children if something happened to you? Group Activity/Discussion: Give participants time to review the permanency planning matrix and the joint communication handed out earlier. Ask Participants: Do you have any questions? How do you typically use the matrix? When do you use the matrix? (Shared planning? Monthly parent visit? Caregiver visit?) What is most challenging about alternative permanent plans? Ask participants: How does this component contribute to concurrent planning and early permanency?

28 How to talk with Youth about Permanency
Discuss all aspects of permanency across different life domains Weave permanency into most conversations Provide education about the different permanent plans Assess all connections for likelihood for permanency Ensure that connections are lasting In holding these discussions with children and youth, there are some important points the caseworker should make: Acknowledge that not knowing the outcome of the parents’ family reunification plan may be difficult for the child. Explain that it will help the social worker to know who is important to the child or youth so these relationships can be maintained whenever possible. Discuss with the child where the child would like to live, but do not make promises to a child that he or she will stay with the current foster parent / relative caregiver or return home. Reassure the child that he or she is not responsible for the parents’ problems. Reminder, because youth, age 14 and older must agree to sign a consent for adoption, it is critical to engage youth in permanency planning. Permanency planning involves the youth, in full partnership with the youth’s family, caregivers, other significant adults, and the agency in planning for their futures. Youth are an essential source of information about their needs and strengths. When discussing permanency with youth, you may spend time dispelling myths, ensuring physical safety, promoting emotional security and their sense of belonging. For example: You may have a youth who does not want to consider being adopted because he or she does not want to change their name. While some youth choose to change their first and last names, this is not a requirement. In today’s world, many children do not have the same last name as their primary parent. You may have a youth who wants to be in a guardianship because they believe they can return home eventually. A guardianship can be terminated but there has to have been a substantial change or the parental deficiencies have been corrected. The guardianship would allow the continuation of the parent-child relationship. Refer back to the Health and Safety Visits with Children guide Group Activity: Assign different age categories to tables; have each table come up with strategies to have this discussion based on the age group assigned? Have each group report out on Flip Chart for each age group.

29 Case plans must be developed with parent and youth input.
OBJECTIVE: Identify the behavior change TASKS: Identify what the client needs to do to accomplish the changed behavior Develop A Case Plan It is critical to include and engage the parent and youth in the case plan development. Shared planning meetings as well as monthly visits provide the opportunity to engage both parents and youth in their case planning. When the case plan is developed, the parent should be able to tell you what behavior changes are needed and why they are needed. You’ve previously had training on SMART Plans. Specific Measurable Achievable Relevant Time bound Your objectives should be behaviorally specific to address the parenting behavior that created the safety threat and the conditions or behaviors of the parents that contributed to those safety threats. Your objectives should identify the behavior you want to see and why. When writing the case plan, you want to think about how you will measure progress. By identifying specific behavior changes, progress can be more easily determined. Remember that there may be a number of issues that contribute to the safety threats, but the actual safety threat is the behavior, or failure to act, that puts the child at risk. For example, a substance using parent may fail to adequately supervise their child when they are high. Or they may use abusive discipline when under the influence (or coming off a high). The safety threat is not their substance use. It is the failure to provide supervision or to appropriately discipline the child. This is important because your case plan should not just address the contributing factors, but also focus on the parent’s ability to demonstrate the skills needed to keep the child safe. The department no longer requires FLOs (A workload reduction measure) but keep in mind that your case plan should always address both the behavior of the parent that put the child in harm’s way as well as any contributing factors that may have contributed to the safety threat. ILOs are primarily used to list court ordered services or services we are recommending. Workers should enter services/tasks that will directly address the safety threats that were identified in the family functioning. Group Discussion: Ask participants: How does this component contribute to concurrent planning and early permanency?

30 Identify Race/Ethnic Heritage
Early identification of Native American heritage. All children have the right to their cultural heritage. Early identification of Native American heritage is critical to preserving the child, the parents and Tribes’ rights. As a reminder, when a case is transferred be sure to verify the status of Native American heritage and any other cultural heritage identified by the child and/or family. Services should be cultural appropriate and necessary to show reasonable or active efforts. A family will be more likely to engage if they are accepted-part of acceptance is that their cultural ways of knowing, communicating and nurturing are seen as strengths and when you relay to the family that their culture is valued. Group Discussion: Ask participants about ways they supported a child’s cultural strengths and connections. Ask participants: How does this component contribute to concurrent planning and early permanency?

31 Contact relatives for: information on family functioning
Search Contact relatives for: information on family functioning availability and suitability as a placement resource availability for visits or other family support needs on-going connections for the child Relatives can provide information about the family, be a resource in many ways and provide on-going connections for children. Research shows that youth in kinship placement experience fewer out of home placements, have lower rates of juvenile justice involvement and exhibit less anti-social conduct than youth in traditional foster care or group home placements. Youth are “Better prepared for independence” when placed with a relative.” (Promoting Protective Factors for Victims of CA/N: A Guide for Practioners. Child Welfare Information Gateway.) Remember, relative search is an on-going process and should continue throughout the life of the case if the child is not in relative placement. Revisit the relative search --Refer to kinship policy Washington State is among the top ten states in terms of usage of relative placement. Relative placement rate has been between 46% to 51% for the past couple of years. Group Discussion: Ask participants: How does this component contribute to concurrent planning and early permanency?

32 Guidelines for Involving Kin/Family
Find Assess Involve Respect Support Find: Keep asking throughout the case and “mine the file” Assess: Make referrals for home studies ASAP-rule them in before you rule them out Involve: Family Team Decision Making meetings Respect: Return their phone calls Support: Ask what they need

33 Reasonable Efforts To Provide Services
Caseworkers must match the need with the appropriate services. Services must be based on the family assessment and the identified safety and risk factors that brought the family to the attention of the agency. This also requires input from the parent and the child(ren). Often parents will engage best when the needs they identify can be met. Often the more obvious and immediate needs are concrete services. If you are unsure of what services to utilize, talk with your regional program managers and your supervisors. You may also want to check out the link to evidence based practices: Handout: Refer participants back to the Got the Goods? Concrete Goods poster. Group Discussion: Think about a case where the family’s idea about what they needed differed from yours? How did this get resolved? How did you relay to the family that you heard them but there was still a service they needed to complete and demonstrate progress to address an identified need? Ask participants: How does this component contribute to concurrent planning and early permanency?

34 Reasonable Efforts to Return the Child Home (Active Efforts on ICW Cases)
Parent-child visits Offering services related to identified safety threats, risks and needs with clear time frames Offering services that are geographically accessible to the family Offering services that are responsive to the family’s cultural background and native language Placing the child as close to the family home as possible while still meeting the needs of the child Considering the parental wishes and opinions in the development of all case plans. At the same time under the Adoption and Safe Families Act of 1997, the child’s health and safety constitute the paramount concern in determining the extent of reasonable efforts. Active efforts means affirmative, active, thorough, and timely efforts intended primarily to maintain or reunite an Indian child with his or her family. Group Discussion: Ask participants to share examples of active efforts.

35 Review Progress, Not Simply Compliance
Compliance= Parents have participated in services. Progress= Parents have made changes to behavior that address the safety and/or risk factors that led to the child’s placement in out of home care. Review Progress, Not Simply Compliance Dependency reviews and permanency planning hearings, shared planning meetings and monthly contacts with parents are used to share with parents the agency and service providers’ assessments. Progress and change to correct the central problem is the goal, not simply compliance. Transparency with the parent is necessary to help them move forward. Group Discussion/Activity: Ask participants: How does this component contribute to concurrent planning and early permanency? Option 1: On the flip chart paper, draw a line down the middle. On the left write ways you can determine compliance. On the right, write ways that you can determine progress. What are some of the ways you measure progress? Option 2: Divide the class into two groups. One group is “compliance” and one group is “progress”. Have them come up with examples and teach back to the other group and vice versa. Option 3: Group Discussion-What are some ways that you measure progress? Examples: Check with providers to determine if the parents are able to demonstrate skills. Ask parents, and those who know them well, what is different about their behavior when they are controlling their substance use, mental health issues, not engaging in domestic violence, etc. Ask parents directly what differences they have noticed in their behavior and mood. Ask parents for their relapse prevention plan and how they have used it (ask for specific examples). Look at behavior in other areas – getting to work on time, regular sleep patterns, participation in activities with family or friends who have a healthier lifestyle, etc. Observe visits to see how parents’ behavior has changed with their children. Make unannounced contact.

36 On-Going Assessment And Legal Action
Re-evaluate progress and safety throughout the life of the case. Initiate legal action when circumstances dictate. If the parent is not making progress and the prognosis is poor, a petition for TPR can be filed sooner than the 15th month. Likewise. if a parent is making progress and safety threats can be managed prior to the next scheduled review hearing, ask for an earlier review. Document efforts to provide services and progress of court ordered services in the case plan. Monitor and review case plans at least every six months by courts as require by law. Reassess families at least every six months to evaluate the risk to the child if the child were to return home, this includes a safety assessment. Remember: The Comprehensive Family Evaluation should be completed: A minimum of every six months or when a new report to the court is required for a CFWS case. When conditions for return home have been achieved. When developing or changing a case plan. Prior to case closure. Group Discussion: Ask participants: How does this component contribute to concurrent planning and early permanency?

37 Reunification Is the primary permanent plan if it can be achieved safely for the child The parents are making measurable progress Safety threats are eliminated or can be managed or controlled in the family home Risk factors that contributed to the safety threats and were part of the cycle of events leading to the safety threats have been reduced Background checks have been completed on all adults living in the home, an assessment of any safety threats and risk factors has been made, services offered and reported to the court (Sirita’s Law). We are going to spend a little bit more time on reunification because the reality is that most children do return home, as it should be. One thing to always keep in mind--if the safety threats and risks have been mitigated or can be controlled with an in-home safety, consider asking for an earlier dependency review hearing. Review the Permanency Planning Matrix-reunification section. Play video-Family Reunification Day (hyperlink embedded in slide title)

38 Assessing for Reunification
Group Activity Which of these questions have you used and found beneficial when assessing from reunification? Which of these questions would you like to use or incorporate into your practice? Introduce the video. Dee Wilson, formerly of CA, the Northwest Institute and Casey speaks about reunification. Play video: Partners for Our Children: Planning for A Safe Reunification in Child Welfare from bookmark at 51:19 end at 1:07 Then do group activity: Review Handout “Assessing for Reunification” and then Pair and Share: Which of these questions have you used and found beneficial when assessing for reunification? Which of these questions would like to use or incorporate into your practice?

39 Common Poor Prognosis Indicators (Lutz, 2000)
Parent has previously killed or seriously harmed another child. Parent has repeatedly and with premeditation harmed a child. Parent’s only visible support system is a drug culture, which parent makes no significant effort to change. Parent has significant, protracted, and untreated mental health issues. Parent’s rights to another child have been involuntarily terminated. Group Discussion: How do these poor prognosis indicators influence your practice/decision making? How do you work with a family who has poor prognosis indicators and yet you are required to work with them toward reunification? After discussion, let the group know “At least one study has found no relationship between poor prognosis indicators and the likelihood of permanency through either family reunification or adoption (D’Andrade, 2009). Agencies should use poor prognosis indicators as only one part of a comprehensive family assessment, along with other assessment tools such as strengths, risk, and safety indicators. “ Keep in mind that many of these poor prognosis indicators are “aggravated circumstances” that allow for the filing of a termination petition without offering reasonable efforts. We will review the aggravated circumstances outlined in Washington State law shortly. Source of information: Concurrent Planning: What the Evidence Shows. Child Welfare Information Gateway. Available online at

40 The Trial Return Home At least six months of CA supervision
Monitor child safety and well-being Provide support and referrals for services The permanency plan of reunification is not achieved until the dependency is dismissed. In all dependency cases when a child is returned home, state law requires at least a six month period of Children’s Administration supervision. This is referred to as Trial Return Home. The dependency is still in place. Permanency is not achieved until the dependency is dismissed. Trial Return Home policy is found in the Practices and Procedures Guide, 43051A Trial Return Home

41 The Trial Return Home , cont.
Prior to return home Increase the visit time and frequency, decreasing restrictions Assess through observation, discussion in monthly visits, shared planning meetings Complete a background check on all adults living in the home Too often, we see cases in which the child and parent is still having supervised visitation up to the point the child returns home. This does not allow any time for transition of the child into the home or time for the parent to adjust to full-time parenting.

42 The Trial Return Home , cont.
After the child is placed back in the home: On-going safety and risk assessment and safety planning All Monthly Health and Safety visits in the home and 2X a month if the child is age 5 and younger, for the first 120 days Monitor the child’s well-being Referrals and support of services identified in the Safety Plan, as well as shared planning meetings. Often, it seems that once the child returns home, it is out of sight out of mind. However, this is a critical time to provide supports to both parents and children. After the child is placed back in the home: On-going safety and risk assessment and safety planning All Monthly Health and Safety visits in the home and 2X a month if the child is age 5 and younger for the first 120 days For in-home dependency or trial return cases with children age five or younger, two in-home health and safety visits must occur every calendar month for the first 120 calendar days from establishment of the in-home dependency or trial return home. (One of the two visits may be conducted by a qualified CA staff or contracted provider.) Monitor the child’s well-being Referrals and support of services identified in the Safety Plan, as well as shared planning meetings.

43 Choosing An Alternate Plan
Family functioning Child’s best interest Cultural and familial connections Native American status and Tribe’s recommendations Sibling contact and placement Parent’s plan for permanency Continuation of parent-child relationship is/is not beneficial to the child Whether the parent is incarcerated THE BEST INTEREST OF THE CHILD is always the most important factor when looking at an alternate permanent plan other than reunification.

44 How to Determine Best Interest
Child’s safety The child's wishes and long-term goals Medical issues Age of the child The child's connections to his or her identity, affiliations to his or her community, tribe, church, school, religious/spiritual beliefs, relatives and friends “Best interests” determinations are generally made by considering a number of factors related to the child’s circumstances and the parent or caregiver’s circumstances and capacity to parent, with the child’s ultimate safety and well-being the paramount concern.” (from Determining the Best Interests of the Child/Child Welfare Information Gateway). This seems like a clear statement but best interest of the child is sometimes a vague concept and difficult term to define. Probably the best answer is “It depends…..” The Practices and Procedures Guide 4305 Permanent and Concurrent Planning outlines policy related to best interest.

45 How to Determine Best Interest
The long-term needs of the child The emotional ties and development needs and how these can be met through the identified permanent plan Keep in Mind: In the Child’s Best Interest doesn’t mean: BEST INTEREST OF THE WORKER BEST INTEREST OF THE PARENT BEST INTEREST OF THE RELATIVE BEST INTEREST OF THE FOSTER PARENT BEST MOMENTARY INTEREST OF THE CHILD

46 Termination of Parental Rights (TPR)
Aggravated circumstances Compelling reasons In order for an adoption to occur, a termination of parental rights order must be entered in court. However, in ICWA cases, some Tribes have customary adoption laws that allow for adoption without the termination of the parent’s rights. The child would have to be under the jurisdiction of the Tribal court. As mentioned previously, federal law requires a TPR petition be filed if the child has been in out of home care for 15 of the previous 22 months. However, there is nothing that prohibits the TPR petition being filed earlier if the case circumstances warrant earlier filing as long as the actual trial does not occur before 6 months of the dependency. If the court finds that aggravated circumstances exist, you are not required to provide reasonable efforts to reunify. You are required to file a TPR petition right away. A permanency planning hearing must be held within 30 days of the court order to file a petition to terminate parental rights. (RCW ) Aggravated circumstances include: Conviction of the parent of rape, 1st or 2nd degree assault of this or another child Conviction of the parent of murder, manslaughter, or homicide by abuse of the child's other parent, sibling, or another child Conviction of the parent of trafficking, or promoting commercial sexual abuse of a minor when the victim of the crime is the child, the child's other parent, a sibling of the child, or another child Failure of the parent to complete available treatment ordered under this chapter or the equivalent laws of another state, where such failure has resulted in a prior termination of parental rights to another child and the parent has failed to effect significant change in the interim. (a parent who had their rights terminated previously and is still behaving in the same was with respect to parenting) An infant under three years of age has been abandoned Conviction of the parent, when a child has been born of the offense of sex offense or incest. Aggravated circumstances are rarely used for a couple of reasons: often timing-there may not have been a conviction before the dependency has been established and it may seem less likely to result in appeal if reasonable efforts are offered. Federal law, state law and CA policy outline the compelling reasons (good cause exceptions) to not file a termination petition (RCW ) and The child is being cared for by a relative; The department has not provided to the child's family such services as the court and the department have deemed necessary for the child's safe return home; The department has documented in the case plan a compelling reason for determining that filing a petition to terminate parental rights would not be in the child's best interests; The parent is incarcerated, or the parent's prior incarceration is a significant factor in why the child has been in foster care for fifteen of the last twenty-two months, the parent maintains a meaningful role in the child's life, and the department has not documented another reason why it would be otherwise appropriate to file a petition pursuant to this section; Where a parent has been accepted into a dependency treatment court program or long-term substance abuse or dual diagnoses treatment program and is demonstrating compliance with treatment goals; or Where a parent who has been court ordered to complete services necessary for the child's safe return home files a declaration under penalty of perjury stating the parent's financial inability to pay for the same court-ordered services, and also declares the department was unwilling or unable to pay for the same services necessary for the child's safe return home. Compelling reasons must be documented in FamLink (TPR Compelling Reasons group box in the FamLink Legal Record page) and in your court report. The compelling reasons should be reviewed and updated prior to each court hearing as the court must make a determination if they still exist. The court's assessment of whether a parent who is incarcerated maintains a meaningful role in the child's life may include consideration of the following: (i) The parent's expressions or acts of manifesting concern for the child, such as letters, telephone calls, visits, and other forms of communication with the child; (ii) The parent's efforts to communicate and work with the department or supervising agency or other individuals for the purpose of complying with the service plan and repairing, maintaining, or building the parent-child relationship; (iii) A positive response by the parent to the reasonable efforts of the department or the supervising agency; (iv) Information provided by individuals or agencies in a reasonable position to assist the court in making this assessment, including but not limited to the parent's attorney, correctional and mental health personnel, or other individuals providing services to the parent; (v) Limitations in the parent's access to family support programs, therapeutic services, and visiting opportunities, restrictions to telephone and mail services, inability to participate in foster care planning meetings, and difficulty accessing lawyers and participating meaningfully in court proceedings; and (vi) Whether the continued involvement of the parent in the child's life is in the child's best interest. (c) The constraints of a parent's current or prior incarceration and associated delays or barriers to accessing court-mandated services may be considered in rebuttal to a claim of aggravated circumstances under RCW (4)(h) for a parent's failure to complete available treatment.

47 Adoption Considerations
Continuation of the parent-child relationship diminishes the child’s prospect of early integration into a stable and permanent home Reunification is not likely in the foreseeable future Adoption is in the specific child’s best interest “Reunification is not likely in the foreseeable future” is one element that needs to be proven in a Termination trial. Foreseeable future is not defined in law but in TPR policy (previously discussed) a petition for TPR is not required if the birth parent is making significant progress and reunification will occur with three months. Review the Adoption section of the Permanency Planning Matrix.

48 Guardianship Considerations
Reunification is not likely in the foreseeable future Continuing the parent-child relationship is not detrimental to the child and typically includes on-going parent-child visits A fit and willing guardian is available and has a positive home study The proposed guardian has made lifelong commitment to parent the child Guardianship is in the specific child’s best interest. You will see some similarities between the adoption and the guardianship considerations. Guardianship does not require a termination of parental rights, but does require a legal finding that the guardianship is in the child’s best interest. Handout: “Yes We Can Do Guardianships” Review the handout and the Guardianship section of Permanency Planning Matrix Activity: Review the Handout. Any questions?

49 Adoption vs. Guardianship The most stable placement for a child is one that cannot be disrupted
Provides lifelong legal ties to adoptive caregiver. Medicaid may be offered to the child up to age 21 through adoption support. Adoption cannot be terminated or modified upon a motion. Adoptive applicants must be 18 years of age or older. Guardianship ends once the child turns 18. Medicaid may be offered to the child up to age 21 through RGAP subsidy or CSO grant. Guardianship may be terminated/ modified upon a showing of a substantial change in circumstances. Potential guardians must be 21 years of age or older Trainer Note: Please note this slide provided by Children’s Administration. You may want to review the slide aloud. Have participants highlight on the PP Matrix these points.

50 Non-Parental Custody Considerations
Reunification is not likely in the foreseeable future A fit and willing custodian is available and has a positive home study Non-parental custody, rather than adoption or guardianship is in the specific child’s best interest Established in Superior Court and require a Waiver of Exclusive Jurisdiction if the child is dependent Proposed caregiver pays legal and filing fees There is no DCYF subsidy available but assistance may be available through the CSO. The court will not grant a non-parental custody over the objection of the parent unless it is proven that: The parent is unfit OR The placement with an otherwise fit parent would detrimentally affect the child’s growth and development. Or- the parent agrees to the non-parental custody. ICWA also applies to non-parental custody and requires a higher burden of proof. While non-parental custody actions outside of dependencies don’t require a home study, dependent children can only be placed in homes with a positive home study. Handout: 3100EN-Nonparental Custody: Frequently Asked Questions and Answers (October, 2013) Northwest Justice Project Group Activity: Handouts: Case Scenario #1 First divide the class into two groups. Participants in both groups will review the case scenario. Group #1 will discuss why they think the plan is in each child’s best interest. Group #2 will discuss why they think the plan is NOT in each child’s best interest. The two groups will reconvene and each group will explain their position. Each group should present their position as if they were presenting to the court or at a shared planning meeting. What factors did they consider in determining the child’s best interest and the best permanency plan? For the the group that doesn’t agree with the plan, What would be their identified plan and why?

51 What about APPLA? Another Planned Permanency Living Arrangement (APPLA) is how many other states and our federal partners refer to long-term foster care Can only be used for a child between the ages of 16 and 18 Requires on-going efforts to achieve legal permanency Requires documentation to the court and in FamLink as to the compelling reasons for not pursuing legal permanent plan prior to each court review Legal permanency plan means return home/reunification; adoption, guardianship, non-parental custody. The court must make a finding that APPLA is in the child’s best interest and the compelling reasons why it is not in the child’s best interest to be placed permanently at each court hearing. As mentioned earlier, federal law prohibits long-term foster care as a permanency plan for children younger than 16. Group Discussion: When would you use this?

52 Other Considerations for APPLA
Can only be utilized with families who have an approved home study The youth has resided with the family for at least six months Not appropriate for use with congregate care providers-the agreement is between the youth and the caregiver Not appropriate for families providing BRS service—BRS is a time limited service Regardless of circumstances, the caregiver needs to offer life-long, unconditional commitment, aka permanency Exercise about caregiver commitment: Handouts: Youth and Permanency and “California Permanency for Youth Project checklist” Ask participants “How would you utilize these questions in working with youth and caregivers?” For additional information on the requirements for use of APPLA/Long term foster care please take a look at policy: Permanent and Concurrent Planning Trainer note: before going to the next slide, have participants take out their **Handout - Permanency for Every Child –Pretest. Ask them update their answers based on the training. Provide the **Handout - Permanency for Every Child –Pretest-Answer Key. Have participants review their answers by Table Top and share the answers with their table (10 minutes). Tell participants: “As you discuss the answers in your group, were there any answers that were unexpected or gaps and misperceptions?”

53 What are you supposed to do?
The social worker’s role is to engage, assess, plan with, cheer-on, report, provide feedback, be honest and help families make the changes that will allow them to safely care for their own children or to make informed decisions about who will parent their children. Group Discussion: Table Top Discussion: “What is your challenge in doing this work? What help do you need?” One person at each table takes the role of the worker to answer the questions and the rest of the table are consultants.

54 Activity-Closing Activity: Option #1
Have participants take a piece of paper and divide the paper in four squares. In each square they will be asked to answer the question: Square #1: Write one thing that you learned today. Square #2: Write one thing you wish you had learned more about. Square #3: If you did one thing to serve families, what would it be? Square #4: How will your practice change? Have participants write their commitment to change on the card provided to take with them. Option #2 Note to trainers: Appreciative Interviews (AI) are one of the Liberating Structures activities. Ask Participants to Pair up with someone they don’t know very well. Pairs will face each other. They can sit or stand. Ask Participants to: “Please tell about a case you worked on that went well and you are proud of what you accomplished. What made the success possible?” In pairs, participants take turns conducting the interview and telling the success story, paying attention to what made the success possible. 7–10 min. each; 15–20 min. total. The other person takes notes. 2. Ask Participants to then get into groups of 4. In groups of 4, each person retells the story of his or her pair partner. Ask participants to listen for patterns in conditions/assets supporting success and to make note of them. 15 min. for groups of 4. Collect insights and patterns for the whole group to see on a flip chart. Summarize if needed min. Ask participants: If you did one thing to serve families, what would it be? What would it take?” How will your practice change and what won’t change?

55 Debbie Marker, Adoption Program Manager, Children’s Administration HQ
Special thanks to: Holly Luna, Permanency Planning Program Manager, Children’s Administration HQ Tarassa Froberg, CFWS-FVS Program Manager, Children’s Administration HQ Debbie Marker, Adoption Program Manager, Children’s Administration HQ Liza Stewart, Maria Polyak, & Amanda White, Alliance Coaches Direct participants to the policy references handout-electronic version that has hyperlinks. Encourage them to review policy. Remind them to fill out the evaluation at :


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