The National Child Welfare Resource Center on Legal and Judicial Issues is dedicated to achieving safety, permanence and well-being for abused and neglected children through improving law and legal practice
In
2001 through 2002, the Resource Center gathered information
from 13 states about court and agency collaboration on the CFSR
and the PIP.
The specific question we asked these states was: What are the strategies, if any, that states across the nation employ with their respective family courts to work collaboratively on behalf of children in care?
Below are some examples of trends that we found in many states, as well as unique activities and pilot projects that only a state or a couple of states are pursuing. The examples are categorized by topic area and by state. In addition, the full summaries are available for your information.
Collaboration on the CFSR
In
Arizona, surveys were sent to all Juvenile Court Judges,
Court Appointed Special Advocates (CASAs), and AGs, statewide,
and to123 attorneys and guardians ad litems (GALs) representing
children and parents in dependency cases.
In Kansas, a juvenile judge was a team member of the CFSR
preparation team and personally participated in the CFSR.
This worked very well, as the judge brought first-hand knowledge
to the table, as well as judicial expertise. The judge reviewed
case files, and participated in evening meetings to prepare
for the CFSR.
Ongoing collaboration
In
Arizona, the AOC conducts a biannual statewide audit of
each juvenile court. The AOC has included the CFSR lead
in revising this evaluation process. The workgroup has discussed
how CFSR related outcomes and indicators might be included
in the evaluation process.
Open Court Pilot Project. The agency and
courts are collaborating on an Open Court Pilot in Maricopa
County, Arizona that may soon expand to other counties.
This pilot is a mechanism to ensure public accountability
and promote due process, while safeguarding privacy rights.
Internal CFSR process. In California, DSS
and the courts have been working closely together on a number
of important initiatives before and after the PIP. For example,
as a result of legislation, there is a parallel statewide
CFSR-like process for each county, which is set to begin
formally by January 2004. There has been an AOC representative
on the working group that developed this system. Each county
must prepare a self-assessment with subsequent site visits,
which will include peer review. As in the CFSR, the courts
are among the processes to be reviewed and their involvement
in all phases of the county level review is encouraged.
There will also be county-level PIP and data analysis using
the SACWIS data system (which has been fully implemented
in California for several years now).
Court delays. A new pilot project in Fulton
County, Georgia began where adoption jurisdiction is delegated
to the Juvenile Court. Unfortunately, it is uncertain if
this delegation of jurisdiction has helped save time between
TPR and adoption. The Office of the Child Advocate and the
CIP have asked the Governor’s office to assist with
expanding this pilot to a few more counties. Both entities
plan to follow up, but have not done so yet.
Delinquency. The courts and agency in Indiana
worked together to write interagency agreements to provide
better services for delinquent children. These agreements
have been implemented in most, if not all counties. The
Juvenile Justice Improvement Committee of the Judicial Conference
of Indiana, comprised of ten judges, worked on this area
of the PIP.
Concurrent planning. In Indiana, here are
five pilot projects on concurrent planning, which are intended
to ensure that a variety of options are considered for a
child. Included is a Family Centered Risk Assessment Tool,
which serves both as a guide to gathering information about
the family, as well as assessing the risk that may exist
to children within the family. The agency has trained court
personnel in all five pilot counties, and the project started
on October 1, 2003.
Court processes. The Kansas Supreme Court
Task Force on Permanency Planning (SCTFPP), which includes
SRS representatives, worked together to evaluate the impact
of standardized forms and procedures implemented by the
state’s Court Improvement Program (CIP). This is an
ongoing, internal evaluation. In addition, Taskforce members
review the recommendations and findings from the evaluation.
Standardized forms can be downloaded from http://www.kscourts.org/formsndx.htm.
Management. In Kansas, the Office of Judicial
Administration (OJA) is in the process of implementing the
Child in Care Information Management System that notifies
court staff when permanency hearings are due. A committee
of judges has met to discuss how implementation should take
place. The Taskforce, including agency representatives,
will review the judges’ recommendations. Once the
system is finalized, it will be piloted in one or more districts,
and then offered statewide. The system should be up and
running by the end of 2004.
Children’s Justice Initiative. The
Children’s Justice Initiative (CJI) is a partnership
between the Minnesota Supreme Court and the Department of
Human Services. The partnership involves facilitating training
and processes for locally-based reforms. With the assistance
of Minnesota’s Court Improvement Program (CIP), there
is an assessment of court-agency practice in selected counties.
Following the assessment, the local CJI partners develop
and implement a plan to improve practices identified in
the assessment. The CJI key partners are the judge and county
director. The judge is in a significant leadership role
and convenes a local CJI committee that is comprised of
all major stakeholders.
The CJI assessment in each county primarily focuses on court-related
improvements, including agency cooperation in those improvements.
The outcome goals for CJI include meaningful permanency
decisions in a reasonable amount of time (which is defined
as within a year; less for children under eight, except
where parents are making a good faith effort towards reunification).
The CJI process began with 27 counties in 2001-2002. The
remaining 60 counties will begin participation in Fall 2003.
CJI is linked to the PIP in that timely permanency decision-making
is included in the PIP and is a key focus of CJI.
CJI has sponsored centralized training to help launch the
county initiatives. The first such court-agency sponsored
training occurred in 1999, and another training took place
in 2002. The Chief Justice has been a champion of CJI, both
in principle and through court resources.
The agency also supports CJI both in principle and through
agency resources, primarily through Title IV-B, Subpart
2 funds. These funds have helped to add new staff to work
on CJI, including a county attorney and a social services
administrator to help organize activities.
Public/private
adoption initiative. Eight private adoption agencies
work with the county child welfare agencies in Minnesota
to improve the timeliness of adoption. The courts are not
directly involved, but the agency has shared information
with the courts. It has done this through sending bulletins,
fact sheets, and press releases to CIP. In addition, some
courts involved in this initiative monitor state wards (post-TPR
children) and generate state ward reports every 90 days.
If there isn’t any movement, a judge can hold the
agency accountable.
Alternative response program. With federal
money and a foundation grant, Minnesota’s alternative
response program has been piloted in 20 counties for four
years. In these counties, some cases receive early services
and assessments, while others get investigations. For example,
when there is a report of egregious harm, there will be
an investigation, but eventually for over 50% of cases,
there will be an assessment rather than a traditional investigation.
In pilot counties, these programs are discussed with judges,
who mostly view alternative response as a way to help families
resolve their problems and prevent the need for court involvement.
The agency plans to request statewide legislation to authorize
a continuum of responses and interventions when there is
a report. Responses depend on the severity of safety and
risk issues.
Adoption. The Adoption Task Force in Oregon,
which has both agency and court representation, developed
recommendations for streamlining the adoption process. Those
recommendations included development and implementation
of a Progressive Family Assessment and training CASAs to
gather medical and genetic history and obtain birth certificates.
CASAs have been trained in two counties to do so.
Case Management Protocol. Almost immediately
after Vermont’s PIP was approved, a subcommittee was
formed to establish a case management protocol for abused
and neglected children in out of home care. The subcommittee,
which included both court and agency representatives, met
for a year and a half to draft and gain approval of a Case
Management Protocol. In Spring 2002, this Protocol was piloted
in two courts, and in November 2002, it was launched statewide.
A one-day training was conducted, attended by family court
judges and court staff, agency caseworkers and supervisors,
attorneys, GALs, and service providers. The Vermont Supreme
Court Justice and the SRS Commissioner made the conference
opening remarks. Agency management was part of the conference
planning committee.
The same subcommittee is now meeting to assess the effectiveness
of the protocol as a means to reduce court delays. This
assessment will occur in conjunction with Vermont’s
CIP reassessment and findings will be summarized in a report
by March 2004.
Trainings
In California, by funding the AOC’s Judicial Review
and Technical Assistance Project (JRTA), DSS has made major
contributions to the training of judges and other court
personnel for a number of years. The PIP has called for
continuation and expansion of these activities, to include
training on the Indian Child Welfare Act (ICWA). While DSS
largely funds this work, court employed attorneys and others
outside of DSS provide this training. AOC attorneys have
the job of helping the state comply with Titles IV-B and
IV-E and, thus, to help ensure that the state will pass
the IV-E audit and do well with the CFSR. These court attorneys
provide hands on, on site training in all juvenile courts
throughout the state, for judges and others.
The Educational Division of the Judicial Council also conducts
training, which occurs at off-site judicial institutes.
While this training is not funded by DSS, DSS sometimes
contributes presenters.
Besides the training described above, JRTA provides technical
assistance, including hands on help with court forms, court
orders, and other needed advice. To prepare California for
current and future federal reviews, JRTA provides help with
data collection, training and educating the courts, social
service departments, and probation departments (which handle
delinquency cases) to ensure compliance with Title IV-E
and IV-B.
In Florida, the agency and courts work together closely
throughout the year in planning the annual Dependency Court
Improvement Summit (DCIP_. This summit is the primary venue
for disseminating important information to dependency court
and agency stakeholders. This summit includes over 60 presentations
every year. The focus of local circuit planning sessions
incorporates many of the issues raised in the PIP. For example,
during the DCIP in 2002, members of the judiciary were trained
on the merits of concurrent case planning and case plan
conferencing.
The courts are also undertaking a new evaluation of how
dependency cases are judicially processed in Florida. This
effort is part of the federal DCIP grant requirements. Study
questions derived from the PIP will be included in the research
design. The courts will seek input from the agency as the
project proceeds.
Legislation
In
terms of reducing lengthy time periods to finalize adoptions,
a legislative attempt to reduce the time to achieve adoption
was somewhat successful. Georgia Senate Bill 192 was passed
which allows for uncontested adoption petitions to be heard
as soon as possible but not later than 120days. Statutory
changes regarding post termination reviews were not sponsored
during the last legislative session. However, post termination
requirements are now included in the Case Plan Reporting
System.
Earlier this year, the CIP in North Carolina recommended
changes to the state’s juvenile code (H.B. 1048, passed
in June). The CIP juvenile statutes subcommittee, an established
work group, drafted the recommended changes, and were able
to get an member of the state House to sponsor the bill
for introduction on the floor of the General Assembly. Members
of the work group included agency representatives. The group
engaged in phone and email correspondence, as well as face-to-face
and conference meetings. Although the court requested agency
participation late in 2002, the agency did not fully participate,
including providing feedback on suggested changes in the
state laws, until late March, weeks before the cut off dates
for submission of proposed legislation. Therefore, the court
had to resolve any disagreement with the agency within one
month’s time.
New legislation was passed in Oregon which requires that
if the case plan for a ward is independent living, at the
time of the permanency hearing, the court must make findings
regarding whether (1) the plan is adequate to ensure the
ward’s successful transition, (2) the agency has offered
appropriate services under the plan, and (3) that the agency
involved the ward in the development of the plan.
In West Virginia, for every abuse and/or neglect case, a
multi-disciplinary team (MDT) is formed, which includes
the agency caseworker(s), the attorneys, and the family
(the parents, and when appropriate, the child). This team
makes recommendations to the court about a specific child’s
placement and services, for example what reunification efforts
should be employed. The court reviews every pending case
on a quarterly basis; a team representative must be present
at each of these reviews. This requirement exists through
the permanency planning review stage.
Before the 2003 legislative change, a judge could simply
ignore the recommendations of the MDT. This is because it
is ultimately a judicial decision as to where a child should
be placed and what services the child should receive.
In 2003, the agency successfully pursued a change in state
law to require a judge who does not agree with the MDT’s
recommendations to hold a hearing to consider evidence from
the team as to its rationale for the proposed service plan.
If the judge still does not agree with the MDT, the judge
must make specific written findings justifying the decision
not to adopt the MDT’s recommendations. This tends
to be an issue in status offense/juvenile delinquency cases
more so than in abuse/neglect cases. Judges are more likely
to have a difference of opinion from the MDT when it comes
to placing and providing services to a status offender or
juvenile delinquent. The main rationale behind this legislative
change is to make judges more accountable for their decisions.
In addition, court and agency representatives are forming
a legislative work group that will craft various legislation,
including providing a monitoring agency to address statewide
systemic issues, and expanding MDT membership to include
school personnel. The goal is to draft this legislation
in time for the upcoming legislative session that starts
in January.
Policies
In Oregon, the agency has a draft face-to-face contact policy. This policy outlines expectations for child-caseworker and parent-caseworker contact, and requires contact at least once every 30 days. Court personnel reviewed and provided input on this policy. The CRB will develop a monitoring system.
Data Sharing
In
Georgia, This information is now captured in a shared electronic
data system between the courts and the agency. The next
step is to be to develop a data quality team to get reliable
and quality data. Currently, there are only two staff trainers
for the 2500 people who enter data. The court has had several
meetings with the Executive branch to request more trainers,
but it seems to be low priority for them. Additionally,
caseworkers have had increasing caseloads, some have been
fired recently, and there has been a high child death rate
this year. All these factors contribute to the delay in
getting more data quality and training assistance for the
data system.
The North Carolina courts and agency are working to develop
a computer data system. Agency representatives work with
the courts in this process. The state agency has had their
own information system for a while. The goal of the current
project is to create a system that will coordinate the court
and state agency system, and make it easier to access and
share information.
The agency and CIP in Vermont are working together for the
first time to combine data on outcomes for children and
time lines for court decisions. It is expected that agency
data will be routinely provided to the court to combine
with "Data Warehouse" reports. The reports will
provide quarterly data to the courts regarding timeliness
of court decisions and permanency.
Notes from the March, 10th 2008 conference call are available
here.
Title IV-E Review
The
Kansas courts and SRS have collaborated on the Title IV-E
audit. For the initial audit done in 1999, the courts were
not involved. The state did not pass due to factors such
as non-documentation. After this initial failure, the courts
and agency decided to partner up for the next audit, which
took place in 2002. First, they pulled files to determine
what the feds were seeing when they gave the state a failing
grade. Then, to address the problems, the courts and agency
conducted joint trainings. Also, there are SRS representatives
on the judicial taskforce that conducts a range of activities,
including drafting mandated court orders used in juvenile
cases. In addition, a court representative was on-site during
the 2002 audit in case any questions or problems arose.
In West Virginia, there has been agency and court collaboration
to provide a set of Title IV-E form orders for judges to
use in child protection cases. Downloadable software that
provides abuse and neglect form orders is available at http://www.wvjanis.com.
Once all of these forms get final approval from the state
Supreme Court, they will all be available online, hopefully
by the end of this year. Juvenile delinquency and status
offender form orders are not part of Janis yet, so they
are not available online yet.
BY STATE
Arizona
The AOC conducts a biannual statewide audit of each juvenile
court. The AOC has included the CFSR lead in revising this
evaluation process. The workgroup has discussed how CFSR
related outcomes and indicators might be included in the
evaluation process.
Open Court Pilot Project. The
agency and courts are collaborating on an Open Court Pilot
in Maricopa County, which may soon expand to other counties.
This pilot is a mechanism to ensure public accountability
and promote due process, while safeguarding privacy rights.
California
Internal CFSR process. DSS and
the courts have been working closely together on a number
of important initiatives before and after the PIP. For example,
as a result of legislation, there is a parallel statewide
CFSR-like process for each county, which is set to begin
formally by January 2004. There has been an AOC representative
on the working group that developed this system. Each county
must prepare a self-assessment with subsequent site visits,
which will include peer review. As in the CFSR, the courts
are among the processes to be reviewed and their involvement
in all phases of the county level review is encouraged.
There will also be county-level PIP and data analysis using
the SACWIS data system (which has been fully implemented
in California for several years now).
Through funding the AOC’s Judicial Review and Technical
Assistance Project (JRTA), the agency has made major contributions
to the training of judges and other court personnel for
a number of years. The PIP has called for continuation and
expansion of these activities to include training on the
Indian Child Welfare Act (ICWA). While DSS largely funds
this work, court employed attorneys and others outside of
DSS provide this training. AOC attorneys have the job of
helping the state comply with Titles IV-B and IV-E and,
thus, to help ensure that the state will pass the IV-E audit
and do well with the CFSR. These court attorneys provide
hands on, on site training in all juvenile courts throughout
the state, for judges and others.
The Educational Division of the Judicial Council also conducts
training, which occurs at off-site judicial institutes.
While this training is not funded by DSS, DSS sometimes
contributes presenters.
Besides the training described above, JRTA provides technical
assistance, including hands on help with court forms, court
orders, and other needed advice. To prepare California for
current and future federal reviews, JRTA provides help with
data collection, training and educating the courts, social
service departments, and probation departments (which handle
delinquency cases) to ensure compliance with Title IV-E
and IV-B.
Florida
The agency and courts work together closely throughout the
year in planning the annual Dependency Court Improvement
Summit (DCIP). This summit is the primary venue for disseminating
important information to dependency court and agency stakeholders.
This summit includes over 60 presentations every year. The
focus of local circuit planning sessions incorporates many
of the issues raised in the PIP. For example, during the
DCIP in 2002, members of the judiciary were trained on the
merits of concurrent case planning and case plan conferencing.
The courts are also undertaking a new evaluation of how
dependency cases are judicially processed in Florida. This
effort is part of the federal DCIP grant requirements. Study
questions derived from the PIP will be included in the research
design. The courts will seek input from the agency as the
project proceeds.
Georgia
Court delays. A new pilot project
in Fulton County began where adoption jurisdiction is delegated
to the Juvenile Court. Hopefully, this delegation of jurisdiction
saves time between TPR and adoption, but the results are
unclear. The Office of the Child Advocate and the CIP have
asked the Governor’s office to assist with expanding
this pilot to a few more counties.
As an outgrowth of the Georgia PIP, Georgia Senate Bill
192 was enacted to reduce delays in finalizing adoption.
The Act provides that uncontested adoption petitions are
to be heard as soon as possible but no later than 120 days.
Information is now captured in a shared electronic data
system between the courts and the agency. The next step
is to develop a data quality team to get reliable and quality
data, as currently, there are only two staff trainers for
the 2500 people who enter data.
Indiana
Delinquency. The courts and agency
worked together to write interagency agreements to provide
better services for delinquent children. These agreements
have been implemented in most, if not all counties. The
Juvenile Justice Improvement Committee of the Judicial Conference
of Indiana, comprised of ten judges, worked on this area
of the PIP.
Concurrent planning. There are
five pilot projects on concurrent planning, which started
on October 1, 2003. The agency trained court personnel in
all five pilot counties. The project is intended to ensure
that a variety of options are considered for a child. Included
is a Family Centered Risk Assessment Tool, which serves
both as a guide to gathering information about the family,
as well as assessing the risk that may exist to children
within the family.
Kansas
A juvenile judge was a team member of the CFSR preparation
team and personally participated in the CFSR. This worked
very well, as the judge brought first-hand knowledge to
the table, as well as judicial expertise. The judge reviewed
case files, and participated in evening meetings to prepare
for the CFSR.
The courts and agency have collaborated on the Title IV-E
audit. For the initial audit done in 1999, the courts were
not involved. For the 2002 audit, they pulled files to determine
what the feds were seeing when they gave the state a failing
grade. Then, to address the problems, the courts and agency
conducted joint trainings. In addition, a court representative
was on-site during the 2002 audit in case any questions
or problems arose.
Minnesota
Children’s Justice Initiative.
The Children’s Justice Initiative (CJI) is a partnership
between the Minnesota Supreme Court and the Department of
Human Services. The partnership involves facilitating training
and processes for locally-based reforms. With the assistance
of state’s Court Improvement Program (CIP), there
is an assessment of court-agency practice in selected counties.
Following the assessment, the local CJI partners develop
and implement a plan to improve practices identified in
the assessment. The CJI key partners are the judge and county
director. The judge is in a significant leadership role
and convenes a local CJI committee that is comprised of
all major stakeholders.
The CJI assessment in each county primarily focuses on court-related
improvements, including agency involvement in the court
process. The outcome goals for CJI include meaningful permanency
decisions in a reasonable amount of time (which is defined
as within a year; less for children under eight, except
where parents are making a good faith effort towards reunification).
The CJI process began with 27 counties in 2001-2002. The
remaining 60 counties will begin participation in Fall 2003.
CJI is linked to the PIP in that timely permanency decision-making
is included in the PIP.
CJI has sponsored centralized training to help launch the
county initiatives. The first such court-agency sponsored
training occurred in 1999, and another training took place
in 2002. The Chief Justice has been a champion of CJI, both
in principle and through court resources.
The agency also supports CJI both in principle and through
agency resources, primarily through Title IV-B, Subpart
2 funds. These funds have helped to add new staff to work
on CJI, including a county attorney and a social services
administrator to help organize activities.
North Carolina
Earlier this year, the Court Improvement Program recommended
changes to the state’s juvenile code (H.B. 1048, passed
in June). The CIP juvenile statutes subcommittee, an established
work group, drafted the recommended changes, and were able
to get an member of the state House to sponsor the bill
for introduction on the floor of the General Assembly. Members
of the work group included agency representatives. The group
engaged in phone and email correspondence, as well as face-to-face
and conference meetings.
The courts and agency are working to develop a computer
data system. Agency representatives work with the courts
in this process. The goal of the current project is to create
a system that will coordinate the court and agency systems,
and make information easier to access and share.
Oregon
Adoption. The Adoption Task Force,
which has agency and court representation, developed recommendations
for streamlining the adoption process. Those recommendations
included development and implementation of a Progressive
Family Assessment and training CASAs to gather medical and
genetic history and obtain birth certificates. CASAs have
been trained in two counties to do so.
New legislation was passed which requires that if the case
plan for a ward is independent living, at the time of the
permanency hearing, the court must make findings regarding
whether (1) the plan is adequate to ensure the ward’s
successful transition, (2) the agency has offered appropriate
services under the plan, and (3) that the agency involved
the ward in the development of the plan.
The agency has drafted a face-to-face contact policy. This
policy outlines expectations for child-caseworker and parent-caseworker
contact, and requires contact at least once every 30 days.
Court personnel reviewed and provided input on this policy.
The Citizen Review Board (CRB) will develop a monitoring
system.
Vermont
Case Management Protocol. Almost
immediately after Vermont’s PIP was approved, a subcommittee
was formed to establish a case management protocol for abused
and neglected children in out of home care. The subcommittee,
which included court and agency representatives, met for
a year and a half to draft and gain approval of a Case Management
Protocol. In Spring 2002, this Protocol was piloted in two
courts, and in November 2002, it was launched statewide.
A one-day training was conducted, attended by family court
judges and court staff, agency caseworkers and supervisors,
attorneys, GALs, and service providers. The Vermont Supreme
Court Justice and the SRS (agency) Commissioner made the
conference opening remarks. Agency management was part of
the conference planning committee.
The same subcommittee is now meeting to assess the effectiveness
of the protocol as a means to reduce court delays. This
assessment will occur in conjunction with Vermont’s
CIP reassessment and findings will be summarized in a report
by March 2004.
The agency and CIP are working together for the first time
to combine data on outcomes for children and time lines
for court decisions. It is expected that agency data will
be routinely provided to the court to combine with "Data
Warehouse" reports. The reports will provide quarterly
data to the courts regarding timeliness of court decisions
and permanency.
West Virginia
For every abuse and/or neglect case, a multi-disciplinary
team (MDT) is formed, which includes the agency caseworker(s),
the attorneys, and the family (the parents, and when appropriate,
the child). This team makes recommendations to the court
about a specific child’s placement and services. The
court reviews every pending case on a quarterly basis; a
team representative must be present at each of these reviews.
This requirement exists through the permanency planning
review stage.
Before the 2003 legislative change, a judge could simply
ignore the recommendations of the MDT. This is because it
is ultimately a judicial decision as to where a child should
be placed and what services the child should receive.
In 2003, the agency successfully pursued a change in state
law to require a judge who does not agree with the MDT’s
recommendations to hold a hearing to consider evidence from
the team as to its rationale for the proposed service plan.
If the judge still does not agree with the MDT, the judge
must make specific written findings justifying the decision
not to adopt the MDT’s recommendations.
There has been agency and court collaboration to provide
a set of Title IV-E form orders for judges to use in child
protection cases. Downloadable software that provides abuse
and neglect form orders is available at http://www.wvjanis.com.
Once all of these forms get final approval from the state
Supreme Court, they will all be available online, hopefully
by the end of this year.
Please click on a state below for the full summary.
Arizona
California
Delaware
Florida
Georgia
Indiana
Kansas
Minnesota
North
Carolina
Oregon
Pennsylvania
Vermont
West
Virginia