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EXPEDITED ADOPTION PROJECT ADVISORY COMM1TIEE Honorable David E. Grossmann, Chairman

NATIONAL COUNCIL OF JUVENILE AND FAMILY COURT JUDGES David A. Funk, Chief Executive Officer/Executive Director

PERMANENCY PLANNING FOR CHILDREN DEPARTMENT Mary V. Mentaberry, Director

PRINCIPAL AUTHOR, FINAL EDITION Barbara Seibel, NCJFCJ Consultant Fall 2000

These ADOPTION AND PERMANENCY Special recognition goes to Krista GUIDELINES are the result of a three Johns, former staff member of NCJFCJ, year effort to produce best practice rec- who authored the Technical Assistance ommendations for use in dependency Bulletin Judge's Guidebook to Adoption cases involving abused and neglected and Other Permanent Homes for Chil- children who cannot be reunified with dren that served as a foundation for this their families. They serve as an adjunct publication. to the NCJFCJ publication RESOURCE GUIDELINES: Improving Court Prac- Special thanks to the Multnomah tice in Child Abuse & Neglect Cases, County Juvenile Court in Portland, which covers the court process of place- Oregon and the Hamilton County ment and reunification for abused and Juvenile Court in Cincinnati, Ohio, neglected children. the two jurisdictions where practical experience in adoption cases also served Support for the development of the as a foundation for this document. Of ADOPTION AND PERMANENCY particular note are contributions made GUIDELINES was provided by the by Judge Stephen B. Herrell of Portland American Honda Foundation and the and Judge David E. Grossmann of Dave Thomas Foundation for Adoption. Cincinnati. 0 0 0 0 Appreciation is extended to Donna J. County Juvenile Court, for expe- Goldsmith, Alaska Office of the Attor- dited adoptions, and Virginia Flax 0 ney General, Deputy Chair of the Indian for editing; Law Section, Federal Bar Association, • Liz Oppenheim and Dennis 0 for reviewing the document to ensure Eshman, American Public Human 0 provisions of the Indian Child Welfare Services Association, for adoption Act were appropriately included. assistance subsidies and border agreements; Additional thanks to the following indi- • Joe Kroll, Ginny Blade and Diane 0 viduals for their significant contribu- Riggs, North American Council tions to the ADOPTION AND PERMA- on Adoptable Children, for 0 NENCY GUIDELINES: post-adoptive services, successful 0 • Justice Evelyn Lundberg Stratton, recruitment of adoptive homes for Supreme Court of Ohio, for the children with special needs and 0 appellate process; adoption exchanges; • Honorable Sharon P. McCully, • Frank Barthel, retired Secretariat, Third District Juvenile Court, Salt Association of Administrators of Lake City, for post-TPR reviews; the Interstate Compact on the 0 • Connie L. Isgro, Juvenile Court Placement of Children; and Referee, Multnomah County, for • Joan Heifetz Hollinger, for post- expedited adoptions; adoption contact statutes. • Carla Guenthner, Magistrate and 0 Lisa Portune, Supervisor, Hamilton

0 The ADOPTION AND PERMANENCY GUIDELINES were approved by the National Council of Juvenile and Family Court Judges Officers 0 and Board of Trustees, July 2000.

The ADOPTION AND PERMANENCY GUIDELINES: Improving Court Practice in Child Abuse and Neglect Cases is a publication of the Permanency Planning for Children Department of the National Council of Juvenile and Family Court Judges. This document was supported by grants from the American Honda Foundation, 0 the Dave Thomas Foundation for Adoption, and Grant No. 96-CT-NX-0001 from the Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, U.S. Department of Justice. Points of view or opinions in this document are those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Justice, the American Honda Foundation, the Dave Thomas 0 Foundation for Adoption, or the National Council of Juvenile and Family Court Judges. 0

Reproduction of this publication for non-commercial educational and informational purposes is encouraged. Reproduction of any part of the publication must include the copyright notice and attribution to: "ADOPTION AND PERMANENCY GUIDELINES: Improving Court Practice in Child Abuse and Neglect Cases, published 0 by the National Council of Juvenile and Family Court Judges, Reno, Nevada." © 2000 by the National Council of Juvenile and Family Court Judges. All rights reserved. INTRODUCTION ...... 1 A. Historical Perspective ...... 2 B. Need for the ADOPTION AND PERMANENCY GUIDELINES ...... 3 C. Purpose of the ADOPTION AND PERMANENCY GUIDELINES ..... 3 D. Scope of the GUIDELINES ...... 4 E. Key Principles ...... 4 • Avoid Unnecessary Separation of Children and Families ...... 5 • Make Timely Decisions in Child Abuse and Neglect Cases ...... 5 0 • Provide Close Judicial Oversight of Abuse and Neglect Cases and Practice One Case/One Judge ...... 5 • Provide Competent and Adequately Compensated Representation ...... 5 • Implement Systems to Gather, Analyze and Use Information to Improve Court and Child Welfare Processes ...... 6 • Engage in Judicial Leadership ...... 6 • Promote Collaboration with Child Welfare Professionals and the Community ...... 6 • Recognize Prioritized Preferences for Permanency ...... 6 • Ensure Timely Decision-Making and Placement Stability ...... 6 Concurrent Planning ...... 7 0 Alternative Dispute Resolution Techniques ...... 7 • Believe in the Adoptability of All Children ...... 7 • Consider Adoption with Contact ...... 7 • Provide Expedited Appeals ...... 7 • Ensure Frequent Review after Termination of Parental Rights to Achieve Timely Adoptive Placements and Timely 0 Adoption Finalizations ...... 7 • Understand the Need for Post-Adoptive Subsidies and Services ...... 8 Endnotes ...... 8

CHAPTER I: PERMANENCY PLANNING ...... 9 A. Court Best Practices Prior to the Permanency Hearing ...... 10 • Early Identification and Involvement of Absent Parents ...... 10 • Early Identification and Involvement of Relatives ...... 10 • Ensuring Quality Plans and Services are Available to the Family to Assist with Reunification ...... 11 • Complying with the Interstate Compact on the Placement of Children ...... 11 • Complying with the Indian Child Welfare Act ...... 11 B. Child Welfare Best Practices Prior to the Permanency Hearing.. 12 • Concurrent Planning ...... 12 • Use of Foster-Adopt Homes ...... 13 • Family Decision-Making ...... 13 C. Important Permanency Definitions ...... 14 • Preferred Options for Permanency ...... 14 • Permanency Characteristics ...... 14 • Compelling Reasons ...... 15 Endnotes ...... 16 O

CHAPTER II: THE PERMANENCY HEARING ...... 17 A. Purpose of the Hearing ...... 18 B. Timing of the Hearing ...... 18 C. Preparation for the Hearing ...... 19 • The Child Welfare Agency and Other Parties ...... 19 0 • The Court ...... 19 0 D. Conducting the Hearing ...... 19 • Who Should be Present ...... 20 • Questions that Must be Answered ...... 20 0 In All Cases, What are the Child's Special Needs? ...... 20 If Reunification is Recommended ...... 20 If Termination of Parental Rights and Adoption are Recommended ...... 21 0 If Permanent Guardianship or Permanent Custody is Recommended ...... 21 If Another Plan is Being Recommended ...... 21 E. Findings and Conclusions ...... 22 Endnotes ...... 22

CHAPTER III: TERMINATION OF PARENTAL RIGHTS HEARINGS ...... 25 0 A. Purpose ...... 26 B. Timing of the Process ...... 26 0 • Timing Issues Regarding the Decision to Pursue Termination of Parental Rights ...... 26 0 • Timing Issues Regarding Filing and Hearing the TPR Petition ...... 27 C. Best Practices for Reducing Delays From Trials and Appeals ...... 27 • Mediation and Other Pre-Trial Negotiations ...... 27 • Adoption With Contact ...... 28 D. Filing the Termination of Parental Rights Petition ...... 29 • Content of the Petition ...... 29 • The Court's Response to the Filing of the Petition ...... 30 E. Conducting the Hearing ...... 30 0 • Information the Court Should Have ...... 30 • Who Should be Present ...... 31 F. Questions that Must be Answered to Determine Whether Grounds Exist for Termination of Parental Rights and Whether Termination and Adoption are in the Best Interests of the Child ...... 31 0 • When Mediation Results in Voluntary Relinquishment of Parental Rights ...... 31 • When the Case Goes to Trial ...... 32 G. Questions that Must be Answered to Determine Whether Reasonable Efforts are Being Made Toward Adoption and to Finalize the Permanent Plan ...... 32 • In All Cases, What are the Child's Special Needs? ...... 33 0 • If the Plan is Relative or Foster Home Adoption ...... 33 • If an Adoptive Home has been Recruited ...... 33 • If an Adoptive Home Must be Recruited ...... 33 H. Findings and Conclusions ...... 34 I. Avoiding Appeals ...... 34 Endnotes ...... 35

CHAPTER IV: THE APPEALS PROCESS ...... 37 A. Purpose ...... 38 B. Timing of the Process ...... 38 C. Prior to the Hearing ...... 39 D. Caseflow Management Considerations ...... 39 0 E. Information the Court Should Have ...... 39 F. Conducting the Hearing ...... 40 G. The Final Order ...... 40 H. Proposed Appellate Time Lines ...... 40 Endnotes ...... 40

CHAPTER V: ADOPTION ISSUES JUDGES MUST UNDERSTAND PRIOR TO CONDUCTING REVIEW HEARINGS THAT FOLLOW TERMINATION OF PARENTAL RIGHTS ...... 41 A. The Multiethnic Placement Act ...... 42 B. Adoption Recruitment Best Practices ...... 43 C. Inter-jurisdictional Adoptions and Interstate Compact on the Placement of Children ...... 44 D. Adoption Assistance Subsidies ...... 46 E. Non-Recurring Adoption Expenses and Medical Expenses ...... 47 F. Post-Adoptive Services ...... 48 G. Adoption Assistance Agreements ...... 50 Endnotes ...... 50

CHAPTER VI: REVIEW HEARINGS THAT FOLLOW PERMANENCY HEARINGS OR TERMINATION OF PARENTAL RIGHTS HEARINGS ...... 51 A. Purpose ...... 52 B. Timing of Review Hearings ...... 52 • Timing of Review Hearings for Children for Whom Adoptive Homes Must be Recruited ...... 53 C. Preparation for the Hearing ...... 54 • The Child Welfare Agency and GAL or CASA ...... 54 • The Court ...... 54 D. Conducting the Hearing ...... 54 • Who Should be Present ...... 55 • Questions that Must be Answered ...... 55 In All Cases, what are the Child's Special Needs? ...... 55 If Reunification is the Permanent Plan ...... 55 If Permanent Guardianship or Permanent Custody is the Permanent Plan ...... 56 If Relative or Foster Home Adoption is the Permanent Plan ...... 56 If an Adoptive Home has been Recruited Since the Last Hearing but the Child has not yet Been Placed in the Home ...... 56 If the Child Has Been Placed in an Adoptive Home Since the Last Hearing ...... 57 0 0 0 0 O If the Child Has Been in the Adoptive Home Since the Last 0 Hearing ...... 58 0 If the Agency is Recruiting an Adoptive Home ...... 58 If Another Plan is the Permanent Plan ...... 58 E. Findings and Conclusions ...... 59 0 Endnotes ...... 59 0 CHAPTER VII: HEARINGS TO FORMALIZE CASE CLOSURE 0 AND FINALIZE ADOPTIONS ...... 61 0 A. Purpose ...... 62 0 B. Timing of the Hearing ...... 62 C. Preparation for the Hearing ...... 62 • The Child Welfare Agency and GAL or CASA ...... 62 0 • The Court ...... 62 0 D. Conducting the Hearing ...... 63 0 • Who Should Be Present ...... 64 E. Questions That Must Be Answered ...... 64 F. Findings and Conclusions ...... 64 Endnotes ...... 65 0

MASTER CHECKLISTS ...... 67 0

A. Permanency Hearing ...... 67 0 B. Termination of Parental Rights Hearings ...... 71 C. Review Hearings That Follow Permanency Hearings 0 or Termination of Parental Rights Hearings ...... 75 0 D. Hearings to Formalize Case Closure and Finalize Adoptions ...... 81

GLOSSARY ...... 83 0 APPENDICES ...... 89 A. Judicial Monitoring of the Child Abuse and Neglect Caseload .... 91 B. The Adoption and Safe Families Act ...... 93 C. Interstate Compact on the Placement of Children ...... :. 95 0 D. Sample Border State Agreement ...... 101 E. Profiles of Children With Special Needs for Whom Adoptive 0 Homes Were Successfully Recruited ...... 105 F. First Monday TPR Reviews for Children in Need of Adopting 0 Homes ...... 109 G. List of State, Regional and National Adoption Exchanges ...... 111 0 H. Post-Adoption Contact Statutes ...... 119 I. Statutes and Court Rules that Expedite the Appellate Process ... 125 J. Adoption Disruption ...... 127 0 K. Reports From Two NCJFCJ Model Courts ...... 129 0 • The Expedited Adoption Project of Multnomah County, Oregon ...... 129 • The Hamilton County Juvenile Court Expedited Adoption Project in Cincinnati, Ohio ...... 132 L. Post-Adoptive Services in Ohio and Illinois ...... 135 0 M. National Organizations and Resources ...... 139 0

0 THE HONORABLE GERALD R. FORD JUDGE DOUGLAS F. JOHNSON 0 President, United States Separate Juvenile Court of of America Douglas County Honorary Chairman, NCJFCJ Omaha, Nebraska Expedited Adoption Advisory Committee JUDGE JOHN W. LARSON Fourth Judicial District R. DAVID THOMAS Missoula, Montana Founder, Dave Thomas Foundation for Adoption JUDGE CINDY S. LEDERMAN Ex~Officio Member, NCJFCJ 11th Judicial Circuit Court Expedited Adoption Advisory Miami, Florida Committee JUDGE D. BRUCE LEVY JUDGE DAVID E. GROSSMANN 11th Judicial Circuit Court Chair, NCJFCJ Expedited Miami, Florida Adoption Advisory Committee Hamilton County Juvenile Court JUDGE J. DEAN LEWIS Cincinnati, Ohio Spotsylvania Juvenile Court Spotsylvania, Virginia 0 JUDGE MICHAEL J. ANDEREGG 0 Marquette County Probate Court JUDGE PATRICIA A. MACIAS Marquette, Michigan 65th Judicial District, Children's Court E1 Paso, Texas JUDGE DANIEL J. BECKWITH Dodge County Court JUDGE ROBERT R. MALLARD Fremont, Nebraska Charleston, South Carolina

JUDGE CONSTANCE COHEN JUDGE SHARON P. McCULLY Fifth Judicial District of Iowa Third District Juvenile Court Des Moines, Iowa Salt Lake City, Utah

JUDGE VIRGIL COSTLEY, JR. JUDGE JOHN S. McGROARTY Covington, Georgia Eighth Judicial District Court Las Vegas, Nevada JUDGE CARMEN A. FERRANTE Superior Court of New Jersey NANCY MILLER Paterson, New Jersey Oregon Judicial Department Salem, Oregon JUDGE ANDREW B. GALLAGHER Juvenile Court for Caddo Parish JUDGE GEORGE W. MITCHELL Shreveport, Louisiana Superior Court of the District of Columbia JUDGE WILLIAM E. GLADSTONE Washington, D.C. Delray Beach, Florida JUDGE VERONICA MORGAN-PRICE JUDGE ERNESTINE S. GRAY Harris County District Court Orleans Parish Juvenile Court Houston, Texas New Orleans, Louisiana JUDGE SALVADORE T. MULl[{ JUDGE STEPHEN B. HERRELL Orleans Parish Juvenile Court Portland, Oregon New Orleans, Louisiana

REFEREE CONNIE L. ISGRO JUDGE JOSEPH M. NARDI, JR. Multnomah County Juvenile Court Superior Court of New Jersey Portland, Oregon Camden, New Jersey O

JUDGE W. DONALD READER JUDGE MARTIN SCHIFF Canton, Ohio St. Louis County Family Court Clayton, Missouri JUDGE GERALD E. ROUSE Fifth District County Court PEGGY SLATER Seward, Nebraska Chicago, Illinois

COMMISSIONER STEPHEN M. RUBIN JUDGE JOYCE WILLIAMS WARREN Pima County Superior Court Pulaski County Juvenile Justice O Tucson, Arizona Center Little Rock, Arkansas JUDGE NANCY S. SALYERS Municipal Dist. 2, Cook County JUDGE PAUL R. WOHLFORD Circuit Court Bristol, Tennessee Skokie, Illinois

SUSAN H. BADEAU DONALD N. DUQUETrE 0 National Adoption Center University of Michigan Law School Philadelphia, Pennsylvania Ann Arbor, Michigan 0

FRANK BARTHEL JUDGE LEONARD P. EDWARDS American Public Human Services Superior Court of California 0 Association San Jose, California Washington, D.C. DENNIS ESHMAN SHAY BILCHIK American Public Human Services Child Welfare League of America Association Washington, D.C. Washington, D.C.

KATHRYN CAREY JUDGE RICHARD J. FITZGERALD American Honda Foundation Jefferson County Family Court Torrance, California Louisville, Kentucky 0 EMILY COOKE JUDGE HAROLD C. GAITHER, JR. Administration for Children, Youth 304th District Court and Families, U.S. Department of Dallas, Texas Health and Human Services Washington, D.C. JUSTICE MARTHA P. GRACE Juvenile Court Department KARLA CARPENTER Administrative Office Office of U.S. Senator Mike Boston, Massachusetts DeWine Washington, D.C. MARK HARDIN American Bar Association HELEN CAVANAUGH-STAUTS Center on Children and the Law Sierra Adoption Services Washington, D.C. Nevada City, California JANN HEFFNER SUSAN DAVIS Dave Thomas Foundation Permanency Planning Services, Inc. for Adoption Pittsburgh, Pennsylvania Dublin, Ohio MARJORIE KELLY JOHN G. PETAS Sacramento, California American Honda Foundation Torrance, California JUDGE R. MICHAEL KEY Troup County SCOTF PETERSON LaGrange, Georgia Office of Juvenile Justice and Delinquency Prevention, U.S. JUDGE DALE R. KOCH Department of Justice Multnomah County Circuit Court Washington, D.C. Portland, Oregon MICHAEL PIRAINO JOE KROLL National CASA Association North American Council Seattle, Washington on Adoptable Children St. Paul, Minnesota LISA PORTUNE Cincinnati, Ohio TRACEY F. LOWE Office of U.S. Senator Mike BARBARA SEIBEL DeWine Cincinnati, Ohio Cincinnati, Ohio CASSIE STATUTO BEVAN KENT MARKUS U.S. House of Representatives Dave Thomas Center Office of the Committee on Ways for Adoption Law and Means Columbus, Ohio Washington, D.C.

RITA MEISER JUSTICE EVELYN L. STRAITON American Academy Ohio Supreme Court of Adoption Attorneys Columbus, Ohio Phoenix, Arizona SAMUEL C. TOTARO, JR. JUDGE CHARLES M. McGEE American Academy of Adoption Second Judicial District Court Attorneys Reno, Nevada Bensalem, Pennsylvania

LIZ OPPENHEIM JUDGE PATRICIA WALKER American Public Human Services FITZGERALD Association Jefferson County Family Court Washington, D.C. Louisville, Kentucky

JUDGE JAMES W. PAYNE CAROL W. WILLIAMS SPIGNER, Marion Superior Court, Juvenile D.S.W. Division University of Pennsylvania School Indianapolis, Indiana of Social Work Philadelphia, Pennsylvania National Council of Juvenile Shirley A. Dobbin, Ph.D. and Family Court Judges Senior Research Specialist 0 Permanency Planning for Children Sophia I. Gatowski, Ph.D. Department Senior Research Specialist

Mary V. Mentaberry Patricia J. White, M.A. Director Senior Information Specialist

Christine Bailey, J.D., M.A. Assistant Director

Cheryl Davidek Administrative Manager

0 INTRODUCTION TABLE OF CONTENTS

0 A. Historical Perspective ...... 2 B. Need for the ADOPT/ON AND PERMANENCY GUIDELINES ...... 3 C. Purpose of the ADOPTION AND PERMANENCY GUIDELINES ...... 3 0 D. Scope of the GUIDELINES ...... 4 E. Key Principles ...... 4 • Avoid Unnecessary Separation of Children and Families ...... 5 • Make Timely Decisions in Child Abuse and Neglect Cases ...... 5 • Provide Close Judicial Oversight of Abuse and Neglect Cases and Practice One Case/One Judge ...... 5 • Provide Competent and Adequately Compensated Representation ...... 5 • Implement Systems to Gather, Analyze and Use Information to Improve Court and Child Welfare Processes ...... 6 • Engage in Judicial Leadership ...... 6 • Promote Collaboration with Child Welfare Professionals and the Community ...... 6 • Recognize Prioritized Preferences for Permanency ...... 6 • Ensure Timely Decision-Making and Placement Stability ...... 6 Concurrent Planning ...... 7 Alternative Dispute Resolution Techniques.. 7 • Believe in the Adoptability of All Children ...... 7 • Consider Adoption with Contact ...... 7 • Provide Expedited Appeals ...... 7 • Ensure Frequent Review after Termination of Parental Rights to Achieve Timely Adoptive Placements and Timely Adoption Finalizations ...... 7 • Understand the Need for Post-Adoptive Subsidies and Services ...... 8 Endnotes ...... 8 A. Historical Perspective & Neglect Cases. This benchbook, devel- As recently as the 1970s, juvenile and oped by judges, court administrators, family courts were expected only to attorneys and child welfare experts, and determine whether a child had been endorsed by the National Conference abused or neglected and, if so, whether of Chief Justices and the American Bar the child needed to be removed from Association, became the blueprint for home or placed under court or agency the NCJFCJ Permanency Planning for supervision. Children were often being Children Department's efforts to pro- 0 removed from their homes unneces- vide training and technical assistance to 0 sarily and children who could not be courts across the country. As a result of safely returned home lingered in tem- these efforts, hundreds of judges began porary care for years. These children to embrace their new responsibilities 0 endured multiple placements and often and started re-designing their systems 0 aged out of the child welfare system to make significant, systemic improve- without family ties and with inad- ments. Their courts began to demon- equate skills to function as adults. strate that a self-disciplined court could court involvement in cases was often a discipline the whole system. 2 "rubber stamp" for agency recommen- The NCJFCJ Permanency Planning dations and plans. for Children Department began to During the 1980s, with the imple- select "Model Courts" which agreed to mentation of the Adoption Assistance focus on improving practice in child and Child Welfare Act of 1980 (P.L. abuse and neglect cases by incorpo- 0 96-272), juvenile and family court judges rating the principles outlined in the became responsible for ensuring that a RESOURCE GUIDELINES and using safe, permanent, and stable home was innovative alternative dispute resolu- secured for each abused or neglected tion methods. Lead judges in each child coming before the court. The law model court agreed to take a critical required courts to evaluate the reason- look at their practices and institute ableness of services provided to pre- reforms where needed to improve court serve families, to hold periodic review performance and enhance outcomes hearings in foster care cases, to adhere for children and families. Today, these to deadlines for permanency planning model courts include 22 jurisdictions decisions, and to comply with proce- in 20 states, representing large urban dural safeguards concerning placement centers such as Chicago, Los Angeles, and visitation. Miami and New York City, as well as By the early 1990s, most juvenile and smaller communities such as Alexan- family courts were beginning to recog- dria, Virginia, and Reno, Nevada. 3 nize the need for timely decision-mak- At approximately the same time, the ing and active case oversight for abused U. S. Department of Health and Human and neglected children. Because of a Services (HHS) Children's Bureau lack of resources, they were struggling implemented the Court Improvement to implement P.L. 96-272. In order to Program. This program made funds assist juvenile and family courts to suc- available to each state to create court cessfully carry out these new respon- and interagency teams to assess their sibilities, the Permanency Planning for systems serving neglected and abused Children Department (PPCD) of the children and to develop and implement National Council of Juvenile and Family improvements. Court Judges (NCJFCJ) established the As a result of these efforts by NCJFCJ, Victims Act Model Court Project (here- HHS and courts across the country, sig- after referred to as the Model Court nificant gains were made during the 0 Project) in 1992.1 1990s to reduce the time children spent In 1995, the NCJFCJ Model Court in temporary care, resulting in many Project published a hands-on bench- children reaching the point of safe book -- RESOURCE GUIDELINES: reunification in a much shorter period Improving Court Practice in Child Abuse of time? 0

B. Need for ADOPTION AND with a relative and provides incentive PERMANENCY GUIDELINES payments to states to encourage adop- One outcome of this progress in tion of children out of foster care. 7 The improving the court process for abused White House Adoption 2002 Initiative and neglected children, however, has seeks public and private sector support been an increase in the number of chip for a nationwide increase in adoptive dren who have been identified as unable placements. to be successfully reunified with their The NCJFCJ Permanency Planning parents. These children are in need of for Children Department also a new permanent home as soon as pos- responded to the need for shortened sible. Unfortunately, there has not yet time frames and improved adoption been an equal increase in the number of processes by creating the Expedited children legally freed for new families Adoption Project in 1997. 8 This project nor in the number of adoptive homes brought together practice experts from available for these children. juvenile and family courts across the country along with attorneys, child wel- "On any given day in America, fare experts and adoption experts to 520,000 children are living in create the sequel to the RESOURCE foster care. Of those, 110,000 have GUIDELINES. The hope is that this document, the ADOPTION AND PERMA- a permanent plan of adoption, NENCY GUIDELINES, will assist juve- 0 20,000 have been freed for nile and family courts to make the same adoption and are in an adoptive progress in achieving timely adoptions placement, and 20,000 are free for for children as the RESOURCE GUIDE- adoption but still waiting to be LINES accomplished with timely reuni- placed in an adoptive home. "5 fication for children.

In order to provide these children C. Purpose of the with a permanent family, the court ADOPT/ON AND must ensure that in most instances PERMANENCY GUIDELINES parental rights are terminated in a The purpose of the ADOPTION AND timely manner. The court must also PERMANENCY GUIDELINES is to set ensure that a new, legally secure family forth the essential elements of best is identified, adequately prepared for practice for the court processes that their responsibilities, and adequately lead to a permanent home for children supported to meet this important life- who cannot be reunified with their fam- long role. To help courts and agencies ilies. with this new challenge, both the fed- Unfortunately, extensive research eral government and the NCJFCJ Per- does not exist to help courts make manency Planning for Children Depart- the difficult decisions involved in these ment have turned their attention to the processes. When objective data from 0 issue of adoption. research exists that is specifically related The Adoption and Safe Families Act to this population and the topics (ASFA) became law in November 1997. s addressed in these GUIDELINES, the In addition to placing an emphasis on research is used in making best practice the child's health and safety, it identi- recommendations. However, in most fies circumstances under which reason- instances, recommendations of best able efforts to reunify are not required practice are drawn from the collective and shortens the time frames for initi- experiences of judges and other ating proceedings for the termination professionals who have spent many of parental rights. ASFA also requires years managing numerous cases states to document to the court a com- involving abused and neglected pelling reason for any permanent place- children. These professionals have had ment other than reunification, adop- both the joyful and heart-breaking tion, legal guardianship or placement experiences of seeing the consequences 0 0 0 0 of decisions made by courts and child It is important to note that these welfare agencies. ADOPTION AND PERMANENCY This collective experience comes GUIDELINES are written to address together in the ADOPTION AND PER- the issue of permanency for abused MANENCY GUIDELINES for the pur- and neglected children. They are not pose of defining the role of the court, written to address the topic of volun- and to ensure that everything possible tarily surrendered infants. Abused and is done to achieve timely permanence neglected children are often toddlers for every abused or neglected child who and older children for whom reunifica- cannot or should not be reunified with tion has been ruled out. Most have spe- his or her family. The GUIDELINES cial needs due to prior experiences of define the court's role in holding par- neglect or abuse. As a result, the court's ties accountable to fulfill their responsi- role in handling these cases is more bilities to the child. It describes the extensive and specialized than with vol- court's responsibility to identify system untary infant adoptions. barriers to successful adoption and to It is also important to note that actively advocate for needed system the Indian Child Welfare Act (ICWA) improvements. sometimes mandates requirements for Indian children that are different from D. Scope of the GUIDELINES the recommendations in these GUIDE- The GUIDELINES describe each step LINES. Throughout the document we between the point at which the court attempt to identify all such areas either 0 determines reunification is not an option within the text itself or by endnote. and the point at which the juvenile and Part of the court's role in these cases family court is no longer involved in is to anticipate the post-adoptive chal- the case because the child has achieved lenges that will occur for many families permanence in a new home. These who adopt abused and neglected chil- steps include: dren with special needs. The ADOP-

• Permanency Planning TION AND PERMANENCY GUIDE- • The Permanency Hearing LINES will explore the court's responsi- • Termination of Parental Rights bility to help ensure that adequate post- • The Appeals Process adoptive subsidies and services exist • Adoption Related Issues Judges for every eligible adopting family and Must Understand Prior to Conduct- that these services are easily accessible ing Review Hearings that Follow when needed. Without this step, the Termination of Parental Rights court would fail to do everything pos- • Review Hearings that Follow Per- sible to make sure that all children have manency Hearings or Termination the best chance possible of long-term of Parental Rights success with new families. • Hearings to Formalize Case Closure and Finalize Adoptions E. Key Principles The beginning point in this process All of the key principles to be can occur at the time of the filing of the discussed rest on one foundational original abuse or neglect complaint in element: certain circumstances (e.g., the parent has caused the death of a sibling), or All children have the right to a at the point that reunification attempts healthy and safe childhood in a have failed or are at risk of failing. nurturing, permanent family, or The ending point can occur at the time in the closest possible substitute a relative, foster parent or other non- to a family setting. 9 relative adoption is finalized; or it can occur at the point that a permanent and The majority of abused and neglected legally secure custody or guardianship children who reach the point of termi- with a relative or non-relative is final- nation of parental rights and adoption ized and court involvement ends. have previously spent many months 0

in the temporary custody of a child practices such as early identifcafion welfare agency. During these months, and involvement of fathers and other a court-approved plan of reunification relatives, as well as early voluntary with the child's family was attempted. involvement of the family in remedial This process is defined in detail in the services. Other important caseflow RESOURCE GUIDELINES: Improving management practices include credible Court Practice in Child Abuse & Neglect court dates with tight control over Cases. If a court has not already imple- continuances and rapid distribution of mented most of the key principles and the court's orders to all parties. These processes described in the RESOURCE practices avoid unnecessary delays in GUIDELINES, the necessary founda- the court process. tion for implementing the recommendations in the ADOPTION AND PER- • Provide Close Judicial MANENCY GUIDELINES will not exist. Oversight of Abuse and Key Principles from the RESOURCE Neglect Cases and Practice GUIDELINES that are most notable for One Family/One Judge this document include the following: 1° It is strongly preferred that the same judge or judicially supervised magis- • Avoid Unnecessary Separation trate presides over the entire child wel- 0 of Children and Families fare case from the preliminary pro- Consistent with child safety, families tective hearing through permanency, 0 should be preserved, reunified and including adoption. Following a case strengthened so they can successfully from start to finish offers the judge an rear their children. Judges must use opportunity to see the impact decisions their legal authority to ensure that social have made on the child, creates the 0 and protective services are immedi- best possibility of ensuring that case ately available to families whose chil- plans relate to the specific needs of the dren have been placed at risk of abuse child and family and allows for develop- 0 or neglect so that parents have a fair ment of perspective about cases. Judi- opportunity to become competent and cial monitoring must continue until a safe caretakers. The services should be permanent home is finalized and the easily accessible, adequate, appropriate court can close its case. Judges must and delivered in a culturally competent use the full extent of their authority framework. The child's family, barring to protect children and to keep chil- insurmountable safety issues, is usually dren and other family members safe. the first choice for permanency. Judges must hold all participants in the proceedings, including state and local • Make Timely Decisions in Child agencies, accountable to provide rea- Abuse and Neglect Cases sonable and necessary services to chil- The prolonged uncertainty for dren and families. children of not knowing whether they will be removed from home, whether • Provide Competent and and when they will return home, when Adequately Compensated they might be moved to another foster Representation home, or whether and when they All parties in child welfare proceed- may be placed in a new permanent ings should be adequately represented home is frightening. This uncertainty by well-trained, culturally competent can seriously and permanently damage and adequately compensated attorneys a child's development of trust and or guardians ad litem. Such represen- security. Courts must use tight case tation should be available at the earli- flow management practices, including est opportunity, preferably at the first full and complete knowledge at the hearing, but no later than the second earliest possible point in the court hearing after the petition is filed. proceeding. This is often referred to as "front-loading" the system and includes 0

• Implement Systems to Gather, to inform the community about the Analyze and Use Information child welfare system and to encourage 0 to Improve Court and Child volunteer participation, judges can set Welfare Processes a tone of cooperation and mutual Courts must understand how they are responsibility throughout the 0 managing their caseloads in terms of professional and private communities numbers, time lines and outcomes for in their jurisdictions. abused and neglected children. They 0 must use technology to create man- The ADOPTION AND PERMANENCY agement information systems that can GUIDELINES build upon these prin- ensure compliance with statutory time ciples from the RESOURCE GUIDE- limits, track overall compliance with LINES. In addition, they add seven key goals, analyze trends and evaluate the principles specific to the part of the effectiveness of programs and policies. court process that begins when reuni- Such systems not only provide impor- fication is not appropriate or deemed tant research and evaluative informa- at risk, and ends with the finalization tion to help the court improve outcomes of a new and legally secure permanent for children, but also provide informa- family: tion to justify increased resources when needed} 1 • Recognize Prioritized Preferences for Permanency 0 • Engage in Judicial Leadership It is critical for judges to understand 0 Judges must ensure that their courts that foster care is a temporary setting provide efficient and timely justice for and not a place for children to grow up. children and their families. They must If the preferred option for permanency ensure that their juvenile and family - reunification with the biological par- court system has the capacity to col- ents - is not possible, continuation of lect, analyze, and report aggregate data foster care is rarely an acceptable alter- relating to judicial performance, includ- native. Nor is a living situation with a 0 ing the timely processing of cases to relative that is not legally secure or per- 0 achieve permanency for children under manent an acceptable alternative. court jurisdiction. Judges must convene When reunification is not appropriate, and engage the community in mean- the next preferred option is adoption inffful partnerships to promote safety by a family with whom the child has and permanence for children. a positive existing relationship, such as a relative, foster parent or adopting 0 • Promote Collaboration with family of a sibling. The next preferred Child Welfare Professionals option is adoption by a family recruited and the Community for the child. 12 A court should consider 0 The juvenile court must encourage permanent custody or permanent 0 and promote collaboration and mutual guardianship as a permanent plan only respect among all participants in the when adoption has been ruled out or child welfare system, including social under other exceptional circumstances. 0 service agencies, prosecuting attorneys, In order to meet the definition of attorneys for parents, guardians ad permanency, custody or guardianship 0 litem, tribal representatives and staff/ must provide certain legally secure community members, court staff, Court components. 13 Appointed Special Advocate (CASA) volunteers, citizen reviewers and any • Ensure Timely other relevant participants. Judges must Decision-Making and 0 also help the community to understand Placement Stability that child protection is a community At this stage in the proceeding, responsibility. By regularly convening timely decision-making is more impor- child welfare professionals, and by tant than ever. Usually substantial time regularly appearing in the community has passed pursuing reunification. The 0 0

clock is ticking for these children and family, other individuals who were a everything possible must be done to positive part of a child's life before provide them with a new permanent entering an adopting home, and the home as quickly as possible. Examples child who now resides with adopting of methods to reduce unnecessary parents. This contact occurs both prior delays that were not previously cov- to and after the adoption is finalized. It ered in the RESOURCE GUIDELINES can range from sending birthday cards include: to the child or providing pichares to the biological parents (directly or through Concurrent Planning - When, neutral third parties) to regular visi- during the reunification process, a tation. The determining factor as to 0 child's chances of successful reuni- whether adoption with contact is appro- fication are deemed to have a high priate must always be the best inter- risk of failure, judges should make ests of the child, not the desires of the sure that the agency is pursuing adults. Adoption with contact recog- 0 concurrent planningJ 4 Such chil- nizes that many children who move into dren should be placed either with new families through adoption are old relatives who will adopt or in fos- enough to have established strong rela- ter-adopt homes. 1~ tionships with biological parents, siblings and others and that completely Alternative Dispute Resolution severing these relationships may not be 0 Techniques - All juvenile and in the child's best interests, la family court systems should have alternative dispute resolution pro- • Provide Expedited Appeals cesses available to the parties so An expedited appeals process for that trials can be avoided whenever cases involving termination of parental possible and appropriate. Such sys- rights and adoption is crucial to perma- tems should include family group nency. Whether accomplished by court conferencing, mediation and settle- rule or by legislation, appellate courts ment conferencesJ 6 These systems at all levels should give the highest pri- expedite sound decision-making ority to hearing these appeals and issu- and avoid lengthy appeals because ing final decisions. 19 they often produce full or partial agreement of the parties. • Ensure Frequent Review after Termination of Parental Rights • Believe in the Adoptability of to Achieve Timely Adoptive All Children Placements and Timely Judges should not use the concern Adoption Finalizations that an adoptive home may not be found When parental rights have been ter- for a child as a reason not to move minated, the court must commit to fre- forward with termination of parental quent review of the case until the child 0 rightsJ 7 Termination of parental rights has been placed in an adoptive home does not mean that prior positive rela- and the adoption has been finalized. For 0 tionships between the child and other the group of children for whom adop- adults or siblings must be discontinued. tive homes require intensive recruit- Failure to proceed with termination of ment, these reviews are critical. Judges parental rights in most cases when a must move out of the courtroom and child cannot be safely reunified prac- into the community, raising community tically ensures that the child will not awareness that these are our children achieve permanency. who need new families. Judges must engage the community in the effort to • Consider Adoption with find a permanent home for every child. Contact This term describes a variety of arrangements that involve the birth O O

• Understand the Need for 11. See Appendix A: Judicial Monitoring of the Child Abuse and Neglect Caseload for additional 0 Post-Adoptive Subsidies and information. Services 12. It should be noted that for Indian children, the The availability of post-adoptive sub- first preferred placement is with extended family mem- sidies and services can be the deter- bers when available, with members of the child's tribal 0 mining factor in the long-term success community or with a family identified by the child's tribe. Other placements should be a last resort. Because of many adoptions of children with certain tribes do not believe in the termination of 0 special needs. Judges should have a parental rights, adoption should not be required when vested interest in the quality, quantity the tribe can present a safe alternative plan. and accessibility of post-adoptive ser- 13. See Chapter I, Section C for the required components of a permanent relationship. vices available to families who adopt 14. See Chapter I, Section B for a more detailed children with special needs. 2° description of concurrent planning. 15. Foster-adopt homes are homes where the foster 0 If the court and child welfare systems parent will become the adopting parent if the parental are working effectively and following rights of the child's parents are terminated and the child becomes legally free for adoption. these key principles, children will be 16. See Chapter I, Section B and Chapter HI, Section less damaged by the uncertainty of C for more details with respect to these techniques. their existence and by multiple moves 17. See Appendix E for profiles of children with very at the point they are legally freed for special needs for whom adoptive homes were success- adoption. The lives of these children fully recruited. will be significantly improved. And the 18. See Chapter III, Section C and Appendix H for number of children who find them- more details with respect to Adoption With Contact. 0 selves with parental rights terminated 19. See Chapter IV and Appendix I for more information on expedited appeals. but no new permanent home in sight 20. See Chapter V, Section D, E and F, and Appendix will be significantly reduced over time. L for more information on post-adoptive services and subsidies. Endnotes 1. The Office of Juvenile Justice and Delinquency Pre- vention, U.S. Department of Justice helped to fund this initiative. 2. Quote from Judge David E. Grossmann of the Ham- ilton County Juvenile Court, Cincinnati, Ohio. 3. For more detailed information on Model Courts, refer to the NCJFCJ publication Technical Assistance Bulletin: Child Vim'ms Act Model Courts Project Status Report 1999; and the OJJDP Fact Sheet: Model Courts Serve Abused and Neglected Children, January 1999, #90. 4. 67% of children in foster care are reunited with birth parents, according to the GAO report, FOSTER CARE: HHS Could Better Facilitate the Interjurisdic- tional Adoption Process, November 1999. 5. Carol Williams, D.S.W., Deputy Commissioner, U.S. Department of Health and Human Services, and Direc- 0 tor, Children's Bureau, June 1998. 6. P.L. 105-89 amended Titles IV-B and IV-E of the Social Security Act. See Appendix B for a summary of 0 ASFA. 7. It is important to note that ASFA does not amend any of the requirements of the Indian Child Welfare Act. 8. The American Honda Foundation and the Dave Thomas Foundation for Adoption have assisted with funding for the Expedited Adoption Project. 0 9. KeyPrinciplesforPermanencyPlanningforChildren, Technical Assistance Brief, NCJFCJ, Reno, Nevada, October 1999. 10. In addition to the RESOURCE GUIDELINES, elements of these key principles are also taken from the NCJFCJ Key Principles for Permanency Planning for Children, Ibid. 0 0 0 0 0

0 0

0 PERMANENCY PLANNING TABLE OF CONTENTS

0 A. Court Best Practices Prior 0 to the Permanency Hearing ...... 10 0 * Early Identification and Involvement of Absent Parents ...... 10 0 • Early Identification and Involvement of Relatives ...... 10 • Ensuring Quality Plans and Services are 0 Available to the Family to Assist 0 with Reunification ...... 11 0 • Complying with the Interstate Compact on the Placement of Children ...... 11 • Complying with the Indian Child Welfare Act ...... 11

B. Child Welfare Best Practices Prior D/ to the Permanency Hearing ...... 12 • Concurrent Planning ...... 12 • Use of Foster-Adopt Homes ...... 13 • Family Decision-Making ...... 13

C. Important Permanency Definitions ...... 14 • Preferred Options for Permanency ...... 14 • Permanency Characteristics ...... 14 • Compelling Reasons ...... 15

Endnotes ...... 16

0 0 0 0 0 To achieve timely permanency for an determination of whether reunification 0 abused or neglected child, the focus on can occur. It is important to briefly 0 permanency must begin when the court review five of these issues because they and child welfare agency first become can cause significant delays at the time 0 involved with the family. Certain criti- of the permanency hearing if not ade- 0 cal elements must be thoroughly exam- quately dealt with early in the case. 0 ined and clearly documented in the More detailed information about each court record well before the perma- issue can be found in the RESOURCE 0 nency hearing or their oversight can GUIDELINES. These five issues are: 0 seriously impede timely permanency for a child. • Early identification and involve- 0 Child welfare agencies can implement ment of absent parents; 0 certain practices that have a dramatic, • Early identification and involve- positive impact on a child's options ment of relatives; 0 for permanency and the timeliness of • Ensuring availability of quality 0 the permanent plan. It is important for plans and services to the family to 0 judges to understand these practices so assist with reunification; that the court strongly encourages and • Complying with the Interstate 0 supports such efforts well before the Compact on the Placement of 0 permanency hearing. Children; and Finally, when judges must make • Complying with the Indian Child 0 permanent plan decisions, it is Welfare Act. 0 important that they understand three 0 concepts - what are the preferred Early Identification and options for permanency, what makes a Involvement of Absent Parents 0 home permanent, and what does ASFA At the very first hearing on a petition mean by "compelling reasons" why it alleging abuse or neglect, efforts should would not be in the best interests of a begin to include all parents involved 0 child to proceed with adoption or legal in the life of the child and to locate guardianship. absent parents. Putative fathers must Because of the importance of these be located and brought into the court preparatory elements to successful per- process as quickly as possible. Timely 0 manency hearings, this chapter will: resolution of paternity issues is both 0 in the best interests of the child and • Summarize the critical elements essential to avoiding delays at subse- courts must fully explore early in quent points in the court process. The 0 the case so that they do not stall court must ensure that the efforts of the permanency process; the child welfare agency are thorough 0 • Review child welfare practices of and diligent in locating and involving concurrent planning, use of foster- all legal and putative parents. adopt homes and family decision- making; and Early Identification and 0 • Explain the permanency concepts Involvement of Relatives 0 of preferred options for perma- It is equally important, particularly nency, what makes a home perma- when a child must be removed from nent, and compelling reasons. the home, to identify all relatives of 0 the mother, father or putative father(s) A. Court Best Practices Prior and to investigate all of these relatives to the Permanency as potential caretakers for the child. 0 Hearing Courts should not make the presump- 0 The RESOURCE GUIDELINES: Im- tion that because the parents have seri- proving Court Practice in Child Abuse & ous problems, all of the relatives must Neglect Cases provides important detail also have serious problems. Relatives about the steps from the time a child generally know the child better and is removed from the home through the often have a familial commitment to the 0

0 care of the child. An appropriate rela- would not be obligated to make pre- tive who is willing to provide care is placement investigations or supervise almost always a preferable caretaker to placements. Nor would the sending a non-relative. 21 state be financially and legally When courts and agencies have not responsible for the child until conducted thorough relative searches termination of the interstate and reunification is ruled out, they can placement. 0 be faced with the difficulty of deciding Termination of the ICPC placement 0 between adoption by a foster parent can occur when the child returns to the with whom the child has bonded and sending state, the receiving state agrees 0 a relative who is appropriate but did to termination, the child is adopted or not previously know of the child's need the child reaches the age of majority. for a permanent home. If, however, Otherwise, dismissal of state custody 0 the relative search was thorough and of a child who is to be placed out-of- a relative who has previously chosen state or dismissal of custody of a child not to come forward changes his or her in an interstate placement is a violation mind, the preference for keeping the of state law. child with relatives diminishes. When When courts and agencies place chil- courts and agencies do their job thor- dren out-of-state without following the oughly, they should not have to choose ICPC, the receiving state may not do between a foster parent adoption or a a home assessment. This sets up the relative adoption. possibility of children being placed at risk and without adequate services. This Ensuring Quality Plans and is not only harmful to the child, but Services are Available to the could potentially disrupt a placement Family to Assist with that with the proper services could Reunification become a permanent home. Such a If the needs of a child and family placement creates the possibility of seri- have not been thoroughly assessed and ous delays in achieving permanency appropriate services made available to should disputes occur between the families to assist with reunification, the sending and receiving states. parents may have a valid argument at the permanency hearing that reason- Complying with the Indian Child able efforts have not been made to Welfare Act (ICWA) reunify them with their child. This sit- The Indian Child Welfare Act of 1978 uation can cause a significant delay (ICWA) 23 was passed to address the in achieving permanency for the child removal of Indian children from their by delaying the child's reunification, homes and their placement with non- delaying the court's ability to terminate Indian families. At that time, Indian parental rights, or by setting up the children were becoming involved with possibility of reversal of the termina- the child protection system at four tion by the court of appeals. to eight times the rate of non-Indian 0 children. Complying with the Interstate ICWA establishes special procedural Compact on the Placement of and substantive safeguards to protect 0 Children fICPC} 22 the interests of Indian children and fam- The ICPC is a statutory law, enacted ilies, including tribal determination of uniformly by state legislatures in all who is an Indian child, full tribal partici- 50 states, the District of Columbia pation in planning and decision-making and the U.S. Virgin Islands for the in the child protection case, placement purpose of ensuring that children are preferences for extended family mem- protected when placed between states. bers and other Indian families iden- Since jurisdiction of a child ends at tiffed by the child's tribe, and, when the state line, without the ICPC the requested, transfer of the child protec- public authorities in the receiving state tion case to the child's tribal court. 0

0 O To prevent these procedures from Concurrent Planning 0 causing Indian children to linger in Concurrent planning is based on the 0 foster care, courts should: concept that it is possible to predict risk of failure of reunification for a • identify at the earliest possible family. Issues such as abandonment, 0 time whether ICWA applies to one serious physical abuse, previous his- or more children in a case; 24 tory of termination of parental rights, 0 • have procedures in place for previous births of drug-affected new- 0 immediate notice of the pendency borns, numerous convictions for seri- 0 of a case to the child's Indian tribe; ous crimes, and other factors are indi- • open lines of communication with the cators of high risk for reunification. tribal representative to ensure that When the risk is high, concurrent plans complete information is exchanged of reunification and adoption or some and that time delays are avoided; other appropriate, permanent, legally • be familiar with and follow the secure alternative should be pursued. 0 procedural and substantive When reunification is either likely or is requirements set out in ICWA; and not indicated, a single alternative plan • make sure that all notices, con- should be implemented. 0 sents, and "active efforts" are doc- The model of concurrent planning umented in accordance with the was developed with the expectation that requirements of the Act. social workers involved in the process would have very low caseloads} ~ It is When courts fail to ensure that Indian designed for implementation during the children are identified and the require- first 90 days of a case. Some of the key ments of ICWA are followed from the elements of concurrent planning are: beginning of the court process, and 0 issues concerning ICWA compliance • full disclosure of the concurrent are raised for the first time at the plans to parents as soon as the deci- permanency hearing, the court may sion is made; in the case of an 0 have failed to identify appropriate care Indian child, full disclosure must options for the child. This oversight also be made to Indian custodians may delay the court's ability to termi- and the child's tribe; nate parental rights or otherwise pro- • placement of the child in a relative- vide for a permanent plan for the child, adopt or foster-adopt home to and may set up the possibility of rever- reduce the number of times the sal of a termination by the court of child must move; 26 0 appeals. • strict time limits on case progress and scheduling of hearings; 0 B. Child Welfare Best • active efforts to have regular Practices Prior to the and meaningful visitation between Permanency Hearing parent and child; Since the RESOURCE GUIDELINES • involving parents in planning for were published in 1995, the practices the future of their children if they of concurrent planning, use of fos- cannot be with their children; ter-adopt homes and family decision- • detailed small steps to accomplish making have been implemented in the plan, in weekly and monthly 0 many jurisdictions. These child welfare increments, accompanied by agency tools have the capacity to sig- parental record-keeping and fre- nificantly reduce the length of time chil- quent court reviews; dren spend in limbo waiting for the • progress measured by behavior, court to make a decision on their per- documented in reports submitted manent plan. They also have the capac- to the court; ity to create options for permanency • excellent social work, supported by that might otherwise not be available. training, consultation and reasonable caseloads; and 0

• defining success by timely Family Decision-Making permanency, whether it is The purpose of this best practice tech- reunification or the alternate plan. nique is to build better alliances among the family, the child welfare agency, the In order to ensure the occurrence child's tribe, where applicable, and the of good faith efforts at reunification court for the purpose of providing a under concurrent planning, it is critical safe and permanent home for the child. that foster and relative families receive To avoid the dynamic of the "system" additional training and that interac- telling the family what they need to tions between the foster family or rela- do to fix their problems and the family tive, the birth family and the child are resisting the intrusion, family decision- carefully monitored. Using family deci- making builds communication, coop- sion-making or other means of actively eration and collaboration between the involving the extended family will help family, the child's tribe, when applica- to ensure that active and reasonable ble, and child welfare professionals. efforts are made to reunify and the Family decision-making (also referred focus on the child's best interests is to as family group conferencing and maintained. family unity meetings) recognizes that When concurrent planning is used, families have the most information either the parents should be ready for about themselves and have the ability to the child's return or a filing of termina- make well-informed decisions. Instead tion of parental rights should be pre- of acting as adversaries trying to keep pared prior to the time of the perma- information from the authorities, family nency hearing. If reunification fails, the members become active participants in child should already be in the home the decision-making process. that will become the adoptive home. Common values across all models reflect that the process is family focused, Use of Foster-Adopt Homes 27 strength-based, community-based and 'ffhe dominant feature of the special culturally appropriate. Details of models needs 2" adoptive family is that the vast vary to some degree but generally majority of them have been foster par- involve the following: ents first. "~9 This is a vast change over practice in the 1950s, when foster par- • All family members who wish to ents were discouraged from forming be present at the family meeting attachments with foster children and are invited. Assistance, ff needed, children were moved regularly to avoid is provided to enable their atten- such attachments. We now know that dance. Some models give the par- multiple moves break the bonds of trust ents veto power over which family and attachment formed by the child and members may attend. If the child consequently, multiple moves harm the is an Indian child, a representative child. Multiple moves compound the from the child's tribe should be original trauma of abuse and neglect, invited to attend. often leading to long-term adjustment • The family can identify other non- and attachment difficulties. family supportive individuals who Multiple placements can be avoided are also invited. for a child who cannot be placed • An independent coordinator with relatives by using foster-adopt arranges the meeting. The case- homes, also called legal risk homes or worker is present but does not lead resource homes. These parents have the meeting. been licensed to provide a temporary • Information is shared by all foster home, but if the child cannot be present, usually starting with the reunified with the birth family, then the caseworker who presents the facts home becomes the adoptive home for of the neglect or abuse and the child. Risk placements of this nature related information to the family. are specifically authorized under ASFA. The family asks questions of the 0

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caseworker and others to make The next preferred option is adoption sure they have full information by the relative or foster family with regarding the issues. whom the child is living. The next • In most models, the professionals preferred option is adoption by an leave the room and allow the appropriate family with whom the child family to discuss the case in pri- has a positive existing relationship (but 0 vate. The family's job is to create is not living with) - i.e., a relative, a plan to ensure that the child former foster parent or adopting family is cared for and protected from of a sibling. The next preferred option 0 future harm. In some models, is recruitment of a new family who the professionals are permitted to will adopt the child. Permanent remain in the room. guardianship or permanent custody • The family presents and explains is the final preferred option for their plan to the professionals, who permanency when adoption is not have veto power. Consensus can possible or exceptional circumstances usually be reached. 3° The court exist, but only if the relationship meets must ultimately approve the plan. the legally secure components described in the next section. Use of family decision-making, in An example of how these preferences addition to assisting with timely reuni- can change over time would be with fication, can assist the family to trader- regard to relatives and foster parents. stand when reunification is not possi- Relatives are generally the preferred ble. Family decision-making can also persons to adopt or enter into an alter- help overcome resistance to severance native permanent relationship. How- of parental ties. By giving the family ever, if a child has been in a foster the opportunity to understand the need home for an extended period of time, for permanency and security for the is adjusting well, bonding to the foster child in one stable home, family deci- family and the foster family wishes to sion-making can open the door for adopt, and if a relative comes forward relative or third-party adoption and, after many months and expresses inter- when appropriate, create a proposed est, the foster parents would be the pre- plan that includes adoption with con- ferred option because of their relation- tact. Because family decision-making ship with the child over an extended 0 usually creates an agreed plan, lengthy period of time. trials of termination of parental rights and lengthy appeals can be avoided. Permanency Characteristics This second concept is very important C. Important Permanency to apply when a judge must decide Definitions whether a non-adoptive relationship Judges often face the difficult deci- with a relative or non-relative is an sion of choosing among options for a acceptable permanent plan. Per- child's permanent family. Three con- manency includes the following cepts assist in evaluating such options: characteristics:a2 • A judicially created relationship • Preferred Options for Permanency; that is intended to be permanent • Permanency Characteristics; and and self-sustaining; a relationship • Compelling Reasons. that will last through the child's minority and continue with lifetime Preferred Options for Permanency family relationships; This first concept recognizes that • A legal relationship that is binding some permanent options are preferred on the adults awarded care, cus- over others and that these preferred tody and control of the child; options may change over time. ao The • The parents in the permanent first preferred option for permanency is family have the right to protect, reunification with the biological parents. educate, have care and control of the child, have decision-making is something other than a permanent authority including medical care family, it must explain why. and discipline and have the power Courts must be very careful that they to represent the child in legal do not abuse the option of compelling proceedings; reasons and use it as an excuse for their The family is free from supervision reluctance or failure to move forward by the child welfare agency and with permanency. Only in rare circum- monitoring by the court; stances should the court agree to accept Biological parents cannot petition compelling reasons. A safe, nurturing, the court to terminate the relation- permanent home is in the best interests ship; and of all children. The following have been The court will only consider a suggested as circumstances that might change of custody if there is clear warrant a court's acceptance of com- and convincing evidence that the pelling reasons not to order the filing of custodian is unfit or has abused or a termination of parental rights petition neglected the child. at the permanency hearing: ~

Some states have statutes that create • Services identified in the case plan permanent relationships in addition to were not provided in a timely fash- the biological parent relationship or ion, the services are available, and adoption that encompass all of these the services may make it possible characteristics. These legal relation- for the child to return home safely ships are usually called permanent within several months. guardianship or permanent custody. It should be noted that if this In contrast, some state statutes happens, there has been a break- provide for temporary custody and down not only with the child wel- allow biological parents to file for fare agency but also in the court's a return of custody without any review of the case. significant change of circumstance of • The parents have made substantial the child. Such statutes do not meet the progress in eliminating the prob- standard of permanence. lems causing the child's continued It is important to note that even placement and it is likely that the in states that provide legally perma- child will be able to return home nent options of permanent guardian- safely within several months. ship and permanent relative custody, In this instance, the court should such relationships may not be eligible continue the permanency hearing for the same subsidies and assistance for up to 90 days, at which time that would be available with adoption. either the child returns home or Lack of such resources could create another permanent plan is deter- future instability for a child with special mined. needs. • A relative with whom the child has resided for an extended period Compelling Reasons in a stable relationship is willing The third and final permanency plan- and capable of providing perma- ning concept is the ASFA requirement nent care for the child. However, of "compelling reasons." ASFA states the relative is opposed to termina- that the court must document "a com- tion of parental rights and adoption pelling reason for determining that it and the state does not have a per- would not be in the best interests of manent guardianship or permanent the child to return home, or be referred relative custody statute. for termination of parental rights, or be In this situation, the court should placed for adoption with a fit and will- make additional efforts to assist the ing relative or with a legal guardian." relative and family to understand the In other words, if the court decides importance of permanence and the that the permanent plan for the child option of adoption with contact. 0

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• The Indian child's tribe is cultur- of her agency who were involved in concurrent planning had caseloads of approximately10. ally opposed to the concept of ter- 26. According to the United States General Accounting mination of parental rights and has Office report FOSTER CARE: ItHS Could Better Facilitate offered a safe plan for the child in a the Interjurisdic~onal Adoption Process, November 1999, home approved by the tribe. "of those foster children who are adopted, about 78 percent are adopted by their foster parents or relatives." This situation is acceptable 27. Althoughrelative homes can be licensed as foster because it complies with ICWA. homes, there are significantlydifferent dynamics between • A teenager is firmly opposed to foster homes that are relatives and those that are not. Consequently, we generally use the term "foster home" termination of parental rights and to mean the licensed home of a non-relative; and use adoption and is likely to disrupt the term "relative home" to include relatives regardless any adoptive placement. of whether or not they are licensed as foster homes and 0 receivingfoster care board. In this circumstance, the court 28. "Specialneeds" is a term defined by state policythat should frequently review the refers to factors which may make it difficult to place a child's current attitudes toward child for adoption. The factors might include older age at termination of parental rights and adoption (often six years of age or older), membership in a sibling group, emotional, developmental or behavioral look for every opportunity to problems, ethnicity,and serious medical conditions. revisit the question of adoption. 29. McKenzie, J., Adoption Of Children With Special The court should ask the youth Needs, The Future Of Children, Adoption 3(1), Packard Foundation, Los Angeles, CA. 1996. whether she/he would like a per- 30. In New Zealand,where the FamilyGroup Decision- manent family and discuss the Making model originated and is required in all cases of concept of adoption with contact neglect and abuse, agreement is produced in approxi- with the youth. mately 90 to 95% of the cases, according to Put~ng Fam- ilies Back into the Child Protection Partnership: Family • A child is not capable of function- Group Decision-Making, by Lisa Merkel-Holguin,MSW, ing in a family setting. PROTECTING CHILDREN, Volume 12, Number 3. This exception should require 31. For Indian children, as required by ICWA, if the child cannot be reunited with the biological parents or review every 90 days. Even though indian custodian, the next preferred option is permanent the child cannot currently live with placementwith an extended familymember, regardless of a family, the court should seek a whether the child has an attachment to the foster family. 0 The next preferred option is placement with a member family who will visit the child and of the child's tribe, and lastly, with any other placement 0 provide a home for visitation and approved by the child's tribe. Bonding should not inter- fere with these placement preferences except for the most possible future adoption. fragile of children. • A child has complex and expensive 32. Takenin part from A Place to Call Home, Adoption medical or other special needs and Guardianship for Children in Foster Care, by Steve and the state's adoption subsidy Christian and Lisa Ekman, National Conference of State Legislatures,March 2000. and other benefits are insufficient 0 33. Conceptstaken in part from Mandatory Termina- to reliably cover the costs of the tion of Parental Rights Petitions: "CompellingReasons" and child's present or anticipated care Other Exceptions Under The Adoption and Safe Families Act, by Mark Hardin, ABA Center on Children and the and treatment. Law, 1999. If the child is not in a foster or relative home, the child still needs a committed family who will visit and who will open their home for visits from the child.

Endnotes 21. If the child is an Indian child, the Indian Child Wel- fare Act establishes a clear placement preference with members of the child's tribal family.See endnote #12. 22. See Appendix C for a more detailed description of ICPC. 23. 25 USC sec 1901 et seq. 24. EachIndian tribe establishes the requirements that must be met to be a member of that tribe. The tribe's determination of membership is final, and entitled to full faith and credit under section 1911(d) of the ICWA and federal case law. See e.g. Santa Clara Pueb]o v. Martinez. 25. LindaKatz, of Lutheran SocialServices in Washing- ton State, is the creator of this model. The social workers 0 TABLE OF CONTENTS |

A. Purpose of the Hearing ...... 18 I

B. Timing of the Hearing ...... 18 I

C~ ...... 19 me eThe Ch'~gency and Other Parties.. 19 IBm • The Court ...... 19 i

D~ ...... 19 lie • Who Should be Present ...... 20 JR • Questions that Must be Answered ...... 20 | In All Cases, What are the Child's Special Needs? ...... 20 If Reunification is Recommended ...... 20 ff Termination of Parental Rights and Adoption are Recommended ...... 21 If Permanent Guardianship or Permanent Custody is Recommended ...... 21 If Another Plan is Being Recommended ...... 21

E. Findings and Conclusions ...... 22

Endnotes ...... 22

0 0 A. Purpose of the Hearing case may move to this hearing as soon What was once called the disposi- as 30 days after adjudication when it is tional hearing under P.L. 96-272 ~ and clear that reasonable efforts to reunify related state legislation has now been need not be made? 7 In these circum- designated by ASFA as the permanency stances the permanency hearing and hearing. The permanency hearing rep- dispositional hearing on the complaint resents a deadline for the court to deter- are held concurrently. Examples when mine the final plan in a neglect or abuse it could be clear at adjudication that case that will move the child out of tem- reasonable efforts need not be made porary foster care and into a safe, nur- include: turing and permanent home. At the permanency hearing, the judge • parents subjected the child to must order one of the following perma- aggravated circumstances as nent plans for the child and specify the defined by state law (examples date that the plan will be implemented: cited in ASFA include abandonment, torture, chronic abuse, and • Return to the parent; sexual abuse); • Proceed with adoption by a relative, • a parent has aided, attempted, con- foster parent or other non-relative spired, solicited, or committed the with the state filing a petition to ter- murder or voluntary manslaughter minate parental rights, ff necessary; of another child of that parent; • Proceed with legal guardianship; • a parent has committed a felony • Proceed with permanent place- assault resulting in serious bodily ment with a relative, foster parent injury to the child or another of the or other non-relative; or parent's children; • Provide another specified perma- • there has been a final decision nent living arrangement, ffthere is on an involuntary termination of a compelling reason why it would parental rights to a sibling; or not be in the best interests of the • other circumstances under which child to proceed with one of the efforts to preserve or reunify the other options. family are inconsistent with the child's permanent plan, holding B. Timing of the Hearing the child's health and safety as Both federal and state statutes govern paramount?s timetables for permanency hearings. Effective November 1997, ASFA expe- When the original, court approved dited federal time lines for permanency plan is reunification, the permanency hearings, moving them six months ear- hearing should be held as soon as lier than previously required by P.L. it appears that reunification will not 96-272. The general requirement of be achieved. If this occurs before 12 ASFA is that a permanency hearing months, the permanency hearing must take place no later than 12 months should be moved earlier. If it is believed after a child has entered foster care? s prior to the permanency hearing that For purposes of this requirement, chil- there are no other alternatives to ter- dren are considered to have "entered mination of parental rights, the TPR foster care" on the earlier of: a) a judi- petition should be filed and served in cial finding that the child has been sub- advance of the permanency hearing. jected to child abuse or neglect; or b) 60 The scheduled permanency hearing can days after the child is removed from the serve as both the permanency hearing home. With many states requiring an and a pre-trial on the TPR petition2 9 adjudication of abuse or neglect within 30 days of removal, the date of adjudication will likely be the operative date? 6 It is important to note that these time frames are maximum time frames. A C. Preparation for the adoptive parents are entitled to notice Hearing of the hearing and must be given an opportunity to be heard. The Child Welfare Agency and Prior to the hearing, the judicial Other Parties: officer should review the court file, The child welfare agency's proposed which should provide the following permanent plan should be provided to information: all parties, their legal representatives 0 and for Indian children, the child's tribe, • Date and circumstances under sufficiently in advance of the hearing which the child was first removed to allow for preparation and response. from the home, and the child's age If there are differing opinions from the at removal; parent or guardian ad 1item or CASA, • Whether the child holds tribal each should also submit a report. membership status; If not specified in statute, court rules • Known needs of the child at should state the number of days prior to removal, as well as current needs; the hearing by which the reports should • Number and nature of placements, be furnished. Reports should cover all and reasons for each move; of the issues listed under "Questions • A current photo of the child; that Must be Answered" in Section D of • Family strengths and concerns; this chapter. Reports should be written • The case plan, detailed progress in language clearly understandable by reports, and other reports by the parties and should set out facts to professionals; support the recommended permanent • Chronology of court hearings and plan for the child. The report as writ- reviews, with dates, persons pres- ten should assist the court in writing ent, findings, and orders; the permanency order with substantive • The status of legal representation findings of fact. If there has been family in the case, including dates of decision-making, a report and recom- appointments made and actions mendation from the conference should undertaken by representatives; and be included with the agency report. • Recommendations from the CASA volunteer or guardian ad litem, The Court reports of the foster parents, The court is responsible to schedule reports from citizen review boards and conduct the permanency hearing about ongoing case activity and for a time and date certain that fall periodic reviews and reports from within the statutory maximum time the child's tribe, if applicable. framesJ ° The hearing should be scheduled before the same judicial officer The court should also review the who has handled the case since the reports submitted by the child welfare original filing. Sufficient time should agency and any other parties. These be scheduled so that the hearing can reports should have been provided to be completed in one setting. For a rou- all parties in advance of the hearing. tine permanency hearing, 60 minutes is the recommended amount of time D. Conducting the Hearing to be docketed. A continuance policy The permanency hearing is the point discouraging delays should be in place at which a clear, permanent goal must and enforced. be identified, along with steps and The court must ensure that all parties time lines for its accomplishment. The have been provided notice of this court must make an independent hearing. If applicable, the citizen review finding concerning reasonable efforts board should be notified of the hearing as well as the child's best interests. If date, as should volunteer CASAs and the permanent plan does not involve if the child is Indian, the child's tribe. reunification of the child with the family, Under ASFA, foster parents and then reasonable efforts become focused O on findinfl another permanent home for • guardian ad litem for the child, the child?1 If concurrent planninfl was whether attorney, social worker or used in the case and reunification has other paid non-attorney, or CASA; failed, the alternate plan will already • foster parent(s), 47 legal risk foster have been sanctioned by the court. parent(s) or adoptive parent(s); Parents, children, other parties and • relatives, other interested persons other appropriate persons such as and witnesses; 4a CASAs, foster parents, relatives and • court reporter or suitable record- the child's tribe, if applicable, should ing technology; and be permitted and encourafled to par- • court security and other court ticipate fully in permanency hearings. staff?9 The court must ensure all opinions are heard because there may be differing Questions that Must be opinions on the issues. Where state stat- Answered: s0 ute requires, and if a child is of the age In order to determine the most appro- and maturity to express an interest in priate permanent plan, the court must the permanent plan, the child's wishes ensure that all of the following ques- should be considered durinfl develop- tions have been answered: ment of the permanent plan. Competent leflal representation must IN ALL CASES, WHAT ARE THE be available at this and future stages in CHILD'S SPECIAL NEEDS? the case, to ensure that procedural pro- • Updates on health and educational tections are afforded to the parties. Ide- information; ally, the same representatives who have • A description of the child's current served the parties in the early stages of placement and behavior; the case will be available to continue • A description of the services that with the case to its finalization. have been provided to the child, This hearing is such an important the progress the child has made step in the move to permanency for a and issues that still need to child that the judfle should not accept be addressed, including cultural stipulations to the plan or aflreed orders needs; and without full examination of the parties • If a member of a siblin 9 group, to ensure their understanding of the information on the status of the issues under consideration. In the move relationship and contact between to expedite processes and avoid litiga- siblings. tion, parties may not give full consideration to the best interests of the child IF REUNIFICATION IS and to the child's safety, health and RECOMMENDED: . well-being. • How have the conditions or circumstances leading to the removal Who Should be Present: 42 of the child been corrected? • the judge who has monitored the • Why is this plan in the best inter- case from the first hearing; ests of the child? • the child, unless inappropriate for • How often is visitation occurring a specific reason; 43 and what is the impact on the • parent(s) whose rights have not child? been relinquished or terminated; ~ • What is the date and detailed plan • the Indian custodian, the child's for the child's safe return home tribe and attorney, if applicable; 4s and follow-up supervision after • attorney(s) for the parent(s); family reunification? • assigned child welfare case- • What are the plans to continue any worker(s); ~ necessary services to the child? • prosecuting or agency attorney; • What are the plans to continue any • attorney for the child, if applicable; necessary services to the family? • If a change of school will occur, significant time in the home, and what will be done to prepare for if so, has that individual been the transition? interviewed for appropriateness? • Has there been full disclosure to IF TERMINATION OF PARENTAL the family of the child's circum- RIGHTS AND ADOPTION ARE stances and special needs? RECOMMENDED: • What is the plan to ensure that this • What are the facts and will be a permanent home for the circumstances supporting the child?54 9rounds for termination? • What contact will occur between • What reasonable efforts were the child and parents, siblings and made to reunify? other family members? • Why is this plan in the best inter- • What financial support will be pro- ests of the child? vided by the biological parents? • Has the petition been filed and ff • What are the plans to continue any not, what is the date it will be filed? necessary services to the child? • Are there relatives who will adopt How will these services be funded the child if TPR is 9ranted? If so, after guardianship or custody has is the child living with the relative? been granted? If not, why not? If there are no • If the child is not already placed in 0 relatives willing and able to adopt, this home, why not and: why not? - How often is visitation occur- • If relative adoption is not the plan, ring and what is the impact on is adoption by the foster parents the child? the plan? If not, why not? - What is the date and detailed • If an adoptive home must be plan for the child's placement recruited, what efforts are being in this home and follow-up made to identify potential adoptive supervision after placement? homes both locally and in other - If a change of school will jurisdictions?51 Are there adults occur, what will be done to with whom the child has or has prepare for the transition? had a positive relationship and are they potential adopting families? IF ANOTHER PLAN IS BEING • Will adoption with contact be rec- RECOMMENDED: ommended and why or why not? • What are the compelling reasons • What counseling will be provided not to proceed with reunification, to assist the child to deal with this TPR, permanent guardianship or change of plan? permanent custody? What is the • If the child is an Indian child, have plan, and why is this plan in the ICWA requirements been met? 5z child's best interests? • What reasonable efforts were IF PERMANENT GUARDIANSHIP made to reunify the child with the OR PERMANENT CUSTODY IS parents? s~ RECOMMENDED: • How will this plan provide stability • Why is this option preferable to and permanency for the child? TPR and adoption? Why is it in the • What contact will occur between best interests of the child? the child and parents, siblings and • What reasonable efforts were other family members? made to reunify?53 • What are the plans to continue any • What are the facts and necessary services to the child? circumstances demonstrating the • If the child is a teenager, what is appropriateness of the individual the plan to prepare the child for or couple to serve as permanent independent living? family to the child? Is there another person who spends O

• If the child is not already placed in • The court's determination of the 0 this home, why not and: permanent plan for the child and 0 - How often is visitation occur- why the plan is in the best interests ring and what is the impact on of the child. The order should state the child? the steps to be taken and time lines - What is the detailed plan for for accomplishing the permanent the child's placement in this goal. ff the plan is reunification, home and follow-up supervi- the date for reunification should be sion after placement? stated. - If a change of school will • If the plan is termination of paren- occur, what will be done to tal rights and the petition has not ease the transition? yet been filed, the order should state the expected time frame for E. Findings and Conclusions filing a petition for termination of Findings of fact and conclusions of parental rights that must be within law should be stated in language under- 30 days. If the petition has been standable by the parties and with enough filed, the court should proceed to detail to support later court actions. The schedule pre-trials, mediation and court's findings and conclusions should trial dates. be set out in writing and made avail- • If the plan is termination of paren- able to all parties at the conclusion of tal rights, and a parent wishes 0 the hearing. They should include: to relinquish parental rights at the permanency hearing, the court • Persons present at the hearing and should be prepared to accept the whether absent parties were pro- relinquishment and include the vided with appropriate notice. It relinquishment in the order. should also be verified that reports • For any plan, a next hearing date offered into evidence have been and purpose should be stated. provided to all parties in advance The exception is if all court and of the hearing. agency involvement is terminated • A finding as to what reasonable (i.e., permanent guardianship, per- efforts the agency has made to manent custody or reunification reunify the family and to finalize without protective supervision). a permanent plan. 56 A well designed, appropriate case plan Endnotes and meaningful case reviews 34. 42 USC sec. 675 (5)(c). should prevent unexpected find- 35. Some state statutes provide even shorter time ings of "no reasonable efforts" at lines when very young children are involved. See for example California Welfare and Institutions Code this stage of a case. Should it 361.25 (1997), and Mississippi Code 43-15-!3 (1997) be found that additional remedial dealing with children age three or younger. steps are necessary, specific expec- 36. Permanency for Children: Guidelines for State tations should be set out in a Legislation, U.S. Department of Health and Human Services in response to Adoption 2002:The President's detailed order, with a short time Initiative on Adoption and Foster Care, recommends frame (e.g., 30 days) for holding that the deadline be clarified in state statute as 12 the follow-up permanency hear- months from the date of adjudication. 0 ing. A copy of the order should be 37. It is important to note that neither ICWA nor ASFA permit the agency to stop making active efforts forwarded to the head of the social to reunifyIndian childrenwith their families unless the services agency. court finds beyond a reasonabledoubt, including testi- • A statement addressing special mony of a qualified expert witness, that continuedcus- tody by the parent or Indian custodianwill likelyresult factors or conditions of the child in serious emotional or physical damage to the child that are identified as special needs, [25 USC 1912(0]. what services are to be provided 38. State statutes may detail other grounds which to address the needs and who warrant a "no reasonable effortsrequired" finding. is responsible for providing the 39. See Chapter III, SectionD for informationon TPR services. pre-trials. 40. Recommendations for hearing times were first 54. Refer to Chapter L Section C for a description of made in the RESOURCE GUIDELINES in 1995. The factors that reflect permanency. Conference of Ctu'ef Justices, the board and member- 55. For Indian children, ICWA requires that efforts ship of NCJFCI, and the American Bar Association to reunify be not only reasonable but also active. endorsed the document. 0 41. Under ASFA, Title IV-B of the Social Security 56. Ibid. ACt [42 U.S.C. 671 (15}], was amended to authorize reasonable efforts to place a child for adoption or legal guardianship to be made concurrently with reasonable efforts to preserve or reunify the child with birth parents. 42. The RESOURCE GUIDELINES first set out a listing of who should be present at various hearings in a child abuse and neglect case. This listing now includes foster parents, as clarified under ASFA. There is also now a greater emphasis on including children in all or part of a hearing. 43. A child needs to have personal contact with the judge. If exclusion of the child is being considered, it may be appropriate to obtain the child's presence for part of the hearing instead. 44. If a parent is not conversant in English, a transla- tor qualified in the language and dialect of the parent should be present. 45. An Indian child's tribe has an absolute right to be present at all hearings concerning the child. For indian children, the tribe often has information regarding the child and family that is critical to assisting the court in good decision-making regarding the child. 46. If an adoption worker has been assigned to the case, that worker should be present along with the ongoing caseworker. 47. Per ASFA, foster parents are entitled to notice of hearings and an opportunity to be heard. They are often the most informed individuals to provide a day- by-day report of the child's status, health and well- being. 48. This can include relatives, service providers, therapists, educators, probation and parole officers, and any others who can provide relevant information to the court. 49. ff case managers, clerks or other court staff are needed in the courtroom to assist with scheduling hearings, compiling files, and retrieving electronic information, they should also be present. 50. Judges should make these questions available to the child welfare agency, the guardian ad litem and CASA organizations so that they can be covered in staff training that prepares workers for court hearings. 51. See Appendix J for factors contributing to adoption disruption. 52. For Indian children, ICWA requirements indicate the need for additional information when termination of parental rights is being considered, specifically: 1) Have efforts to reunify been not only reasonable but also acffve? 2) Is it likely that there will be evidence beyond a reasonable doubt that the child will likely suffer serious emotional or physical harm if placed with the parents? 3) If relative adoption is not the plan, have the other placement preferences set forth in ICWA been identified and chosen? If not, why not? 4) Does the child's tribe support this plan, and if not, why not? It should be noted that for Indian children, a foster home that does not meet the requirements of ICWA should be the last option, not the first option. 0 53. For Indian children, ICWA requires that efforts to reunify be not only reasonable but also active. 0 0

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0 TERMINATION OF PARENTAL RIGHTS HEARINGS TABLE OF CONTENTS

A. Purpose ...... 26 B. "Fnv_ing of the Process ...... 26 0 • Timing Issues Regarding the Decision to Pursue Termination of Parental Rights ...... 26 • Timing Issues Regarding Filing and Hearing the TPR Petition ...... 27 C. Best Practices for Reducing Delays From Trials and Appeals ...... 27 • Mediation and Other Pre-Trial Negotiations... 27 0 • Adoption With Contact ...... 28 D. Filing the Termination of Parental Rights Petition ...... 29 • Content of the Petition ...... 29 • The Court's Response to the Filing of the Petition ...... 30 E. Conducting the Hearing ...... 30 • Information the Court Should Have ...... 30 • Who Should be Present ...... 31 E Questions that Must be Answered to Determine Whether Grounds Exist for Termination of Parental Rights and Whether Termination and Adoption are in the Best Interests ofthe Child ...... 31 • When Mediation Results in Voluntary Relinquishment of Parental Rights ...... 31 • When the Case Goes to Trial ...... 32 G. Questions that Must be Answered to Determine Whether Reasonable Efforts are Being Made Toward Adoption and to Finalize the Permanent Plan ...... 32 • In all Cases, What are the Child's Special Needs? ...... 33 • If the Plan is Relative or Foster Home Adoption ...... 33 • If an Adoptive Home has been Recruited ...... 33 • If an Adoptive Home Must be Recruited ...... 33 H. Findings and Conclusions ...... 34 I. Avoiding Appeals ...... 34 Endnotes ...... 35

0 0 0 0 O A. Purpose Under ASFA, the court must make 0 The voluntary or involuntary termi- "reasonable efforts toward adoption" 0 nation of parental rights severs all legal findings from the permanency hearing familial rights and ties between a child until permanency is achieved. This sug- 0 and the birth parents, freeing the child gests that the termination of parental 0 for adoption. After termination, par- rights trial becomes a two-part consec- 0 ents are no longer entitled to notice utive process: first, termination issues of future court proceedings concern- are addressed; second, if termination 0 ing the child. Termination of parental of parental rights is granted, reason- 0 rights ends the duty to provide continu- able efforts toward adoption findings ing child support and the legal right to should be made. 0 visit the childY 0 B. Timing of the Process Termination creates a possibility 0 for a new parental relationship Timing Issues Regarding the 0 and permanent family for Decision to Pursue Termination of children who cannot be safely Parental Rights (rPR} 0 reunified with their biological There are certain circumstances parents. It is consistent with the under which it is appropriate to pro- 0 key foundational principle that ceed directly to termination of parental "all children have the right to a rights when the original complaint of healthy and safe childhood in a neglect or abuse is adjudicated. Refer 0 nurturing, permanent family..." 5a to Chapter II, Section B, for a listing of About one-third of foster children examples where it could be clear that do not return to their birth parents. reasonable efforts to reunify need not 0 Approximately 21% or one in five adju- be made. 6° 0 dicated neglected and abused children Under ASFA, terminations of paren- experience the severing of parental tal rights proceedings must be flied - rights and adoption. Furthermore, HHS or joined, if filed by another party - by 0 estimates that of the foster children the state for any child who has been who are adopted, 78% will be adopted in foster care for 15 of the most recent 0 by their foster parents or relatives. 59 22 months? 1 This requirement was Clearly, there is a significant percent- included because of the documented 0 age of children in the child protection substantial and unjustified delays in system who require the termination of many states in legally freeing children parental rights in order to accomplish for adoption, delays caused by both 0 their best interests, safety, health and child welfare agencies as well as juve- well-being. nile and family courts? 2 Termination of parental rights cases Termination of parental rights peti- are among the most difficult and chal- tions should be filed at any time in a lenging a judge can face. Termination case when it is clear that reunification proceedings must be conducted with cannot occur. It is not appropriate to 0 great care and with full procedural wait for the permanency hearing to file 0 protections for parents and children. the TPR petition when it can be docu- When judges have carefully followed mented well in advance of the sched- the preparatory steps described in the uled hearing date that termination is 0 RESOURCE GUIDELINES and in the the necessary direction. early chapters of these ADOPTION AND PERMANENCY GUIDELINES, the court Under ASFA, at the same time 0 has prepared a solid foundation upon that the state is filing a termina- which to build the justification of ter- tion petition under any grounds, mination of parental rights for children the social services agency is who cannot be reunified and to provide required to concurrently identify, the child with a new family through recruit, process, and approve a adoption. qualified adoptive family. 0

The purpose of this requirement is practice dictates that the trial, if to expedite the process of locating a necessary, should begin w/thin 90 days new family for the child by eliminating of the date the petition is filed and that 0 any delay between the agency recom- the court deliver its written decision to mendation for termination of parental all parties no later than 14 days after the rights and the agency initiation of the completion of the trial. 0 recruitment process. This should not be misinterpreted, C. Best Practices for 0 however, to mean that ASFA requires Reducing Delays from an adopting family to be found prior to Trials and Appeals the court's decision regarding termina- There are two additional best prac- tion of parental rights. Although some rices that courts can use at this point in judges and other professionals have the process to expedite the achievement been disinclined in the past to termi- of timely permanency and to design 0 nate parental rights unless they could the best possible permanent plan for a 0 be sure that a new family would be child who cannot be reunified. Various found for the child, terminations should jurisdictions have demonstrated signif- not be delayed until adoptive famih'es icant success in avoiding trials on ter- have been identified. There are several mination of parental rights when using reasons for this position: these practices. These practices help a family accept adoption as being in the 0 • Many families interested in adopt- best interests of the child, thereby avoiding hesitate to commit to a specific ing appeals after termination of paren- child if the child is not yet legally tal rights. These practices include medi- free for adoption. ation (and other types of pre-trial nego- • '~I~ere is a significant difference tiations) and consideration of adoption between terminating rights and with contact. terminating relationships and one does not require the other. "63 Mediation and Other Pre-Trial Adoption with contact is often in Negotiations the best interests of the child and Although there are technical varia- enables relationships to continue tions between mediation and pre-trial with family members and other or settlement conferences, all have the significant persons in the child's potential to accomplish the same pur- life after termination of parental pose - to achieve voluntary termina- 0 rights has occurred. ~ tion of parental rights and settlement of • Given the many examples of suc- related issues and to avoid costly and cessful recruitment of adopting time consuming trials and subsequent families for all types of children appeals. These practices can achieve with all types of needs, it is rea- these results by: sonable to believe in the adopt-

ability of all children. If an adopt- • Providing parents with factual ing family has been found for a information that offers a realistic child with similar characteristics, prospect of trial outcome and why not believe that a family can helps to separate personal issues 0 be found for this child? 65 and biases from factual information; Timing Issues Regarding Filing • Giving parents a sense of partici- 0 and Hearing the TPR Petition pation in future planning for the Good practice dictates that the child and a sense of significance petition to terminate parental rights be and closure with dignity that will filed with the court and served on all no longer be available if the case parties no later than 30 days after the goes to trial; agency or court makes a determination • Helping the child, parents and that the filing is appropriate. Good relatives to understand the 0

0 0 importance of one stable home practice that courts can use to design for the child and to overcome the best possible permanent plan for a 0 objections to terminating parental child, and often, in the process, avoid a rights, opening the door to relative trial. Historically, adoptions have varied adoption; and in the degree of confidentiality that has Providing a forum to discuss the existed between birth parents, adopt- appropriateness of adoption with ing parents and the child. Prior to the 0 contact and to develop a proposed 1930s, confidentiality was the excep- 0 plan for the contact. tion. From the 1930s forward, the practice of confidentiality among all parties Of these negotiating options, media- became the norm. Even when older tion has the best chance of achieving children were adopted, courts and child all of these results. Mediators must be welfare agencies often attempted to highly trained, experienced and skilled maintain total separation between the professionals who have credibility with child, the biological parents and the the court and related professionals. adopting family. Family members and other participants Practically, however, when older must perceive them as neutral and children are adopted, the question of having the best interests of the child confidentiality is often moot because 0 and family at heart. All parties, their the child knows his or her parents attorneys and other relevant case par- and relatives and where they live. ticipants, including the child ff develop- The question often becomes whether mentally appropriate, are included in or not the child, birth parent and the mediation process. relatives are going to have sanctioned When used at the point of termination or unsanctioned contact. 0 of parental rights, mediation programs Because these GUIDELINES deal with should be court-based or court-super- neglected and abused children who are vised and have strong judicial and inter- often old enough to remember their disciplinary support. Mediated agree- biological parents, relatives and others ments must be specific and detailed and with whom they have had relationships, made a part of the court record. the recommendation is that adoption with contact always be considered. In some jurisdictions, mediation Adoption with contact describes a programs have produced full or wide variety of arrangements among partial pre-trial agreements in birth parents, siblings, relatives (and 90% of mediated cases. 66 other significant individuals from the 0 child's past relationships), the child and Pre-trial conferences and settlement the adopting family. This contact can conferences can occur with or without occur both prior to and after the adop- judicial supervision. When there are dis- tion. Examples of this range of contact putes concerning discovery, evidentiary include: or other legal issues, judicial involvement is preferred. As with mediation, • Biological parents do not know all parties, including age-appropriate who the adopting family is but children and their attorneys, should be send cards or letters using an involved. intermediary. The adopting family Even when mediation and other nego- decides whether to share the com- tiations fail to produce agreement and munications from the biological avoid trial, they can help narrow the parent(s) with the child. The child focus of the trial, shorten its duration may also send return letters and and ensure that all parties are prepared pictures through the intermediary. well in advance of the trial. • Biological parents receive pictures and annual progress reports from Adoption With Contact the adopting family. Adoption with contact is the second • Biological parents know the iden- the biological parent or other person tity of the adopting family and violates the contact agreement, medi- are permitted occasional or regular ation is a recommended method to visitation with the child. resolve disputes. The mediation pro- 0 cess would require the adopting family Small degrees of contact are often to agree to participate in the mediation sufficient to facilitate obtaining session. It would not, however, require voluntary relinquishments of parental the adopting family to accept any pro- rights and consequently serve to avoid posed outcome. trials and lengthy appeals. In most of The most effective adoption with con- the jurisdictions that regularly permit tact agreements include the following some type of adoption with contact, the characteristics: parent understands that going to trial probably means losing any opportunity • legally approved by case law or for contact. However, the determining statute; factor as to whether adoption with • negotiated based upon full disclo- contact is appropriate must always be sure to all parties; the best interests of the child and not • agreed to by a child of sufficient the desires of the adults or the hope of age and maturity to specify a avoiding a trial. position on the matter or by the Examples of situations where contin- guardian ad 1item for the child ff of ued contact with the birth parents after insufficient age; adoption may be in the child's best • clearly set out in writing and incor- interests are: 67 porated into the adoption decree; • modifiable based upon changes in • A child has a good relationship circumstances and the best inter- with a developmentally, emotion- ests of the child; and ally or physically disabled parent • enforceable, but not grounds for who is not able to care for the child. setting aside the adoption. • An older child wishes to continue a relationship with birth parents and D. Filing the Termination of the child will benefit from ongoing Parental Rights Petition communication or visits. • The adopting foster parents have Content of the Petition a cooperative relationship with the The termination of parental rights birth parent that is likely to con- petition must be complete and definite tinue after the adoption. and provide fair notice to the parties. • A child has siblings still living with Petitions typically address issues such the birth parents. as agency efforts to work with parents; parents' cooperation with the agency; When considering adoption with con- parents' condition, behavior progress, tact, it is important to consider the and improvements; and the effects of enforceability of any agreement. Less foster placement on the child. Although than a third of the states have adoption facts may be alleged in summary form statutes that permit contact between due to the breadth of material at issue, birth parents and child after adoption. the allegations must be sufficiently In other states, contact arrangements precise to give the parties notice of between birth parents and adopting the issues at stake. The court should parents are strictly voluntary and not require that the petition cite the statu- enforceable in court. 68 tory grounds relied upon and provide It is important to note that adoption a summary of facts in support of each with contact does not change the fact statutory ground. When the child is 0 that the adopting parents are the legal an Indian child, the petition must rely parents of the child and are ultimately upon 25 USC §1912 and should include in control. If either the adopting parent, a summary of facts supporting those 0 0 0 O requisite findings. The petition must be begin within 90 days of the filing of 0 filed with the court and served on all the TPR petition. 69 parties. • The judge should also reserve time on his or her personal calendar The Court's Response to the Filing within seven days after the final of the Petition trial day for the writing of the TPR The court must ensure that all par- findings and conclusions. ties are represented by counsel. Prefer- ably, all counsel representing the par- The court must establish and enforce ties at the original filing would still be strict expectations with regard to all assigned to the case. ff not, the court parties committing to the dates sched- must expeditiously appoint new coun- uled at the pre-trial. Barring extraordi- sel for any indigent parties. Because of nary circumstances such as serious ill- the court's review of this issue at the ness or death of close relatives, every- recent permanency hearing, another one should be held to these dates. 7° hearing should not be necessary to make these determinations. Immedi- E. Conducting the Hearing ately upon the filing of the petition, the At this point in the court process court should review issues of counsel one of two circumstances will exist so that counsel can be present at the - either the parents have voluntarily first pre-trial hearing. relinquished parental rights, or the case The court should immediately pro- moves to trial. In each instance, the ceed to set a pre-trial date within 30 court should address both the ques- days. The pre-trial and all of the sub- tions of whether parental rights should sequent hearings, unless prohibited by be terminated and whether termina- statute, should be scheduled before the tion and adoption are in the best inter- same judge who has handled the case ests of the child; and the question of since the original filing. At the pre-trial, whether reasonable efforts are being the court should establish all of the fol- made toward adoption and to finalize lowing additional dates: the permanent plan. 71 It is important to note that when pre- • The date for discovery to be trial negotiations result in an agree- completed that is sufficiently in ment that the parents will voluntarily advance of the mediation or settle- relinquish parental rights, counsel must ment conference to allow all par- notify the court immediately. The court ties to review the material in full. can then use the beginning portion of • The date for mediation, pre-trial the dates previously set for the final or settlement conference. This date pre-trial or the trial for the final hear- should be far enough in advance ing on the motion to terminate parental of the trial date so that if signifi- rights. Remaining trial dates and time cant progress is made, but another can be freed for other court business. meeting is required to reach full agreement, there is adequate time for a second meeting. The recom- Information the Court Should mended time frame for this meet- Have ing to be held is two to four In both instances of voluntary relin- 0 weeks prior to the trial date. Coun- quishment and trial, the background sel must notify the court immedi- information the court needs before ately following the meeting as to going into the hearing is the same. Prior whether agreement was reached to the hearing, the judicial officer should or whether the trial will proceed as review the court file, which should pro- scheduled. vide the following information for each • A final pre-trial date if necessary. child and parent in the case: • The trial dates. Trial dates should be consecutive and the trial should • reports, case plan, findings, orders, F. Questions that Must be and a chronology of the child's Answered to Determine out-of-home placements and Whether Grounds Exist treatment; for Termination of • the age of the child and needs at Parental Rights and 0 removal; Whether Termination and • a current report of the child's Adoption are in the Best status and well being; Interests of The Child 76 • circumstances leading to the filing of a termination of parental rights When Mediation Results in petition; and Voluntary Relinquishment of • a social service agency report Parental Rights of concurrent efforts to identify, The seriousness of termination of recruit and place the child with an parental rights and the importance of adoptive family. avoiding collateral attacks on the decree make it important to ensure that Who Should Be Present: whenever the court is involved in The following list of persons to be pres- voluntary relinquishment of parental ent applies to both voluntary relinquish- rights, the court ensures that the consent ments and trials with the one exception is voluntary and informed. At the hearing, that when the case goes to trial, all trial the judge should take the time to make 0 witnesses are also included: sure that each parent understands the consequences of termination and the • the judge who has monitored the right to a trial. Among the questions case from the first hearing; judges should ask are: • the child ; • parent(s); n • Was the parental consent to relin- • attorney(s) for the parent(s); quishment voluntary and • if an Indian child, the child's tribe, informed? the attorney for the child's tribe, ff • Have both biological parents con- any, and the Indian custodian; sented to relinquishment? • assigned social services • Why is relinquishment and adop- worker(s); 73 tion in the best interests of the • prosecuting or agency attorney; child? • guardian ad litem for the child, • Is there a recommendation for whether attorney, social worker or adoption with contact? How is this other paid non-attorney, or CASA; recommendation, or lack thereof, • attorney for the child, ff applicable; in the best interests of the child? • foster parent(s)/4 legal risk foster parent(s) or adoptive parent(s); For Indian children, the court must • relatives who are caretakers of the comply with the requirements of the child or who are involved in an ICWA, 25 USC § 1913 which states that adoption with contact agreement, voluntary relinquishments must be: when applicable; • court reporter or suitable record- • Executed in writing; ing technology; and • Recorded before a judge and • court security and other court accompanied by the presiding staff.75 judge's certificate that the terms and consequences of the consent were fully explained in detail and were fully understood by the parent or Indian custodian; • Certified by the court that the parent or Indian custodian fully understood the explanation in 0 O

English or that it was interpreted • for a father, if paternity is not into a language that the parent or established or custody of the child 0 Indian custodian understood; and is not sought within 30 days of • Any consent given prior to or notice of a child's birth; within 10 days after the birth of the • serious physical abuse or neglect 0 child shall not be valid. or prior abuse or neglect of the 0 child or sibling, so extreme that When the Case Goes to Trial return of the child would be an When mediation or other pre-trial unacceptable risk to the child's 0 negotiations have not produced an safety and well-being; or agreement for voluntary relinquish- • failure to comply with case plans. ment of parental rights, the court is 0 ready to proceed with the trial. The con- Questions that must be answered current dates for the trial have already when termination motions go to trial been set, counsel has been appointed include: and discovery completed (see section D: Filing the TPR Petition). • Were all parties properly identified Terminations of parental rights and served? should be based upon clear and con- • Does the evidence presented show vincing evidence. 77 If the adjudication that statutory grounds for termina- and other findings in the child abuse tion of parental rights exist? 7s and neglect case are also made on • Were reasonable efforts made to clear and convincing evidence, it can reunify?79 be much easier to use those findings at • Is termination of parental rights in the termination of parental rights trial. the best interests of the child? State law determines grounds for termination of parental rights. Among the G. Questions that Must be grounds commonly found in statutes Answered to Determine for termination are: Whether Reasonable Efforts are Being Made • abandonment; Toward Adoption and to • imprisonment of the parent, taking Finalize the Permanent into account the parent-child rela- Plan tionship and likelihood of release At this point in the proceedings, the within a specified period of time; court has addressed the first set of nec- • the passage of a specified period essary questions - it has determined of time, with failure of the parent whether grounds exist for termination to correct the problems requiring of parental rights, and whether termi- the child's out-of-home placement nation and adoption are in the best (shortened time frames for children interests of the child. Upon finding that under the age of two or three); facts exist to meet these two criteria, • minimal contacts with the child by termination of parental rights should parents exhibiting extreme disin- be granted. terest for a prescribed period of Then, in a follow-up hearing without time (e.g., six months); the birth parents present, the court • parental drug or alcohol impair- should proceed to the second question- ment which creates an inability to determining whether reasonable efforts care for the child and refusal or have been and will be made toward failure to respond to substantial adoption and finalization of the perma- treatment efforts; nent plan by asking the following sets • physical, emotional or mental inca- of questions depending on the child's pacity of the parent so severe as situation: a0 to create an inability to care for the child, taking into account the particular needs of the child; IN ALL CASES, WHAT ARE THE • If the child is an Indian child, does CHILD'S SPECIAL NEEDS? the home meet the placement pref- • Current health and educational erences list in ICWA, and if not, information; why not? What efforts has the • A description of the child's current agency made to identify a place- placement; ment under ICWA? • A description of the services that • Has there been full disclosure to have been provided to the child, the adopting family of the child's the progress the child has made circumstances and special needs? and the issues still to be addressed, • What remains to be done, if any- including cultural needs; and thing, to process and approve the • Has the child received counseling home? with regard to termination of • What is the visitation and place- parental rights and how is the ment plan and time frame? If visits child adjusting to the plan of have begun, how are the child and adoption? the adopting family adjusting? • ff the family's ethnicity is different IF THE PLAN IS RELATIVE OR from the child's, what efforts will FOSTER HOME ADOPTION: be made to ensure relationships • What, if anything, remains to be between the child and others clone before the home is approved of the same ethnicity? Does as the adoptive home? Can the the adopting family understand adoption home study be waived the special aspects of the child's and replaced with the kinship care ethnicity? or foster home study? • ff the home is in another locality • Is there another person who from where the child currently spends significant time in the lives, what are the plans to meet home involved with the family, and the child's educational and special if so, has that individual been inter- needs for services? How will the viewed for appropriateness? educational and service transition • Has there been full disclosure occur? to the relative or foster parent • Have all appropriate subsidies regarding the child's history and been identified and has all any current or potential paperwork been completed with disabilities? regard to these subsidies? Will • What is the time frame for services follow the family if they finalization? move out of state? Is the adopting • Have all appropriate subsidies family aware of the details of all been identified and has all paper- appropriate subsidy issues? work been completed with regard • After placement in the adoptive to these subsidies? Will services home, what contact will the child follow the family if they move out have with the prior caretaker and of state? Is the adopting family others who have had positive rela- aware of the details of all appropri- tionships? Is the adopting family ate subsidy issues? agreeable to any contact plan that may have been recommended with IF AN ADOPTIVE HOME HAS the biological parent(s)? BEEN RECRUITED: • A detailed description of the IF AN ADOPTIVE HOME MUST family. Is there another person BE RECRUITED: who spends significant time in • What efforts are being made the home and if so, has that to identify potential adoptive individual been interviewed for homes both locally and in other appropriateness? jurisdictions? On what adoption exchanges and internet sites is the child listed? 81 What other • How reasonable efforts were made 0 efforts such as newspapers, televi- to reunify the family. If no efforts sion spots and match parties are were reasonable, a statement that being made? 82 based on family circumstances and • What is the status of investigating child health and safety, all reason- adults with whom the child has able efforts were made. 84 or has had a positive relationship • If the case went to trial, whether or with regard to their potential to not termination of parental rights become adopting families? is granted. If so, under what statu- 0 • How many potential families have tory grounds and the specific rea- expressed interest in the child and sons why the statute applies in what is the status of the investiga- this case. 85 For Indian children, tion of each family? findings must include the special requirements of ICWA. 0 H. Findings and Conclusions • Why termination of parental rights Because of the complexity of find- and adoption is in the best inter- ings and conclusions in a termination ests of the child. of parental rights case, it will probably not be possible to write and distribute When termination of parental rights the findings to parties in the courtroom is granted, the following additional find- at the end of the hearing. However, ings addressing the plans to finalize a when possible, it is recommended that permanent placement should be made the court give a verbal statement at the in a separate entry: end of the hearing as to how it intends to rule. • What is being done to ensure that The final order arising from the ter- reasonable efforts are being made mination of parental rights trial should to find an adoptive home and to be issued within 14 days of the close of finalize the permanent placement, the hearing. This time frame is achiev- with specific steps and time frames 0 able when the judge has reserved time that are to occur. on the calendar to write the court's • A description of any special factors decision when the case was set for the or conditions of the child that trial. are identified as special needs, Findings of fact and conclusions of what services are to be provided law should be set forth in language to address these needs and who understandable by the parties and with is responsible for providing each clear and complete detail, sufficient to service. withstand appellate review. Termina- • The date and time of the next tion of parental rights hearing entries review set for within 90 days. 8~ should be divided into two separate sets of findings. The first set of findings I. Avoiding Appeals should include: Termination of parental rights has been compared to a death penalty in • Persons present and how absent terms of impact and severity on birth parties were provided with appro- parents. Even with fairness in proce- priate notice, paying particular dures, competent attorneys, and full dis- attention to any biological parent, closure of facts related to the case, a sig- tribal representative or Indian cus- nificant percentage of involuntary ter- todian not present. mination cases will be appealed. • If there was a voluntary relinquish- By their nature, appeals create another ment of parental rights, efforts layer of process and potential for delay made by the court to ensure the in achieving permanence for the child. relinquishment was voluntary and Delays can occur in preparation of informed. ~ transcripts and assembling the record for appeal. Even though a number of appellate courts have instituted "fast 64. See section on Adoption With Contact, this Chap- tracking" of termination cases through ter, Section C. 65. See Appendix E for profiles of children with spe- direct appeal to a designated court and cial needs where recruitment efforts have succeeded in expedited hearings, the process still finding adopting families. takes months .87 All of these issues delay 66. It is important to note that definitions of "partial permanence for a child and extend the agreement" differ by jurisdiction. Santa Clara County period of uncertainty for the child and (San Jose) California has been practicing court-based dependency mediation for many years. Mediation is the adopting family. available throughout the state of Oregon. Oregon reports The best way to avoid the delay of a 90% agreement rate. One third of Oregon's children appeals is to avoid the appeal being filed. are freed for adoption through voluntary relinquishment as opposed to termination. For more information The following list summarizes points refer to the NCJFCJ Technical Assistance Bulletin: Ch//d made throughout these GUIDELINES Victims Act Model Courts ProjectStatus Report, 1999 and that can help to avoid appeals: the report from Multnomah County, Oregon, in Appen- dixK. 67. Baker, D., and Vick, C., The Child Advocate's • institute relinquishment counsel- Legal Guide, 1995. North American Council on Adopt- ing for parents beginning early in able Children, St. Paul, MN. a case; 68. See Appendix H for additional information on • require mediation or another alter- states with post-adoption contact statutes. native dispute resolution process 69. If the trial cannot be completed in the allotted time, judges must give priority to finishing the trial as after termination of parental rights soon as possible. Dates for completion should be set becomes part of the permanent before parties leave the courtroom. If judges hold one plan; or two days open each month for such "emergencies," no trial should have to be continued for more than 30 • conduct procedurally correct hear- days. ings and be scrupulous about due 70. In Mu]tnomah County (Portland) Oregon, atten- process and evidentiary rulings; dance at these hearings is mandatory for the parents * ensure competent representation and if they miss any of the dates, parental rights are of parties throughout the child terminated by default. protection case; and 71. In some states (e.g., California) voluntary relinquishments are out of court proceedings in which the . make clear and legally sufficient court has no involvement. findings of fact, including rea- 72. If a parent is not conversant in English, a transla- sonable efforts findings and con- tor qualified in the language and dialect of the parent clusions of law at each hearing, should be present. including all ICWA requirements. 73. If an adoption worker has been assigned to the case, that worker should be present along with the ongoing caseworker. Endnotes 74. Per ASFA, foster parents are entitled to notice 57. Adoption with contact agreements may be made of hearings and an opportunity to be heard. They are between adopting parents and birth parents, however, often the most informed individuals to provide a day- birth parents are not legally entitled to such an agree- by-day report of the child's status, health and well ment. being. 58. See the Introduction, Section E. 75. If case managers, clerks or other court staff are 59. United States General Accounting Office report needed in the courtroom to schedule hearings, compile Foster Care: HHS Could Better Facilitate the Interjuris- files, and retrieve electronic information, they should dictional Adoption Process, November 1999. also be present. 60. It should be noted that for ICWA cases, it is never 76. The "Questions that Must be Answered" through- appropriate or legally permissible to proceed in this out this chapter should be provided to child welfare manner unless active efforts to rehabilitate the family agency and guardian ad litem and CASA organizations have been offered and have failed. to be used in training of workers regarding preparation for court. 61. 42 USC sec 675 (5)(F). The exceptions to this requirement are when the state has not provided timely 77. ICWA requires the burden of proof in a termi- services to the family, and, if the state elects, when the nation of parental fights to be beyond a reasonable child is being cared for by a relative or other compel- doubt. ling circumstances. 78. Under ICWA, if the child is an Indian child, in 62. Mandatory Termination Of Parental Rights Peti- addition to any state requirements, the court must tions:" Compelling Reasons" and Other Exceptions determine beyond a reasonable doubt that continued Under the Adoption and Safe FamiliesAct, Mark Hardin, custody of the child by the parent or Indian custodian is ABA Center on Children and the Law, January 1999. likely to result in serious emotional or physical damage to the child. 63. Quote from Susan H. Badeau, Project Manager, National Adoption Center. 0 O

79. Under ICWA, if the child is an Indian child, in 0 addition to any state requirements, the court must determine that active efforts have been made to pro- 0 vide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family 0 and that these efforts have proven unsuccessful. 80. In some states (e.g., California) a finding of reasonable efforts is not required at the TPR hearing. However, ASFA requires that at the point the TPR petition is filed, the child welfare agency must begin to 0 seek an adopting home. Consequently, it is recommended that the court pursue this issue at the hearing when TPR is granted. 81. See Appendix G for a list of adoption exchanges. 82. If the child is an Indian child, what efforts are 0 being made to identify potential adopting homes in the child's tribal community and what efforts are being 0 made by the agency to comply with ICWA placement preferences? 83. For Indian children, this must include the special requirements of ICWA described in Section F of this chapter. 84. Ibid. 85. Ibid. 86. It is recommended that the review hearing process discussed in the RESOURCE GUIDELINES and in Chapter V is continued after termination of parental rights until the adoption or other permanent familial relationship is accomplished. 87. See Chapter IV: The Appeals Process.

0 0 0

THE APPEALS PROCESS TABLE OF CONTENTS

A. Purpose ...... 38

B. Timing of the Process ...... 38

C. Prior to the Hearing ...... 39 0 0 D. Caseflow Management Considerations ...... 39 E. Information the Court Should Have ...... 39

E Conducting the Hearing ...... 40

G. The Final Order ...... 40

H. Proposed Appellate Timelines ...... 40

Endnotes ...... 40

0 In spite of the best efforts of courts appellate court and the remainder of and child welfare agencies to avoid the this chapter will describe the appeals filing of appeals by using the recom- process, including recommended time mendations in these ADOPTION AND frames for completion of the process. PERMANENCY GUIDELINES, specifically those at the end of the preceding A. Purpose ~ chapter, many cases that go to trial on The standard appellate process is termination of parental rights petitions slow. For a child in foster care, a will be appealed. lengthy appellate process can often mean months or years in limbo, with- Appeals from adoptions and out hope of achieving permanence, terminations of parental rights to the obvious detriment of the child should be expedited and given involved. Many states, through legislation or priority over other cases by court rule, have created mechanisms the appellate courts. No child for expediting cases involving adop- can achieve permanency until an tion and termination of parental rights appeal is final. issues, giving them preference over other cases on the appellate docket. 89 Although most of the responsibility However, a statute or court rule may to expedite the appeals process fails not be enough to ensure the expedi- on the appellate court, there are two ency required for these cases. All par- 0 final processes that the trial court must ties must seek to secure a quick and ensure are in place so that they will not efficient resolution in each case. contribute to a delay in permanence Appellate courts, as well as attorneys for the child when a case is appealed. representing the parties in such appeals, These two processes are: should seek to ensure that appeals from adoption and termination cases 1) The trial court is responsible for are given priority and heard in a timely preparation of the record. The trial manner. Appellate courts must ensure court must give priority to cases that no obstacles arise to hinder the involving termination of parental expediency of the matter. Extensions rights or adoption and make sure of time are rarely justified. Use of such that processes are in place for tactics only lengthens the time in which speedy preparation of the record. a child will be displaced from a perma- 2) If an adoptive home for the child nent home. must be recruited, the trial court must ensure that the search for an B. Timing of the Process adopting family continues in the Timely resolution of the case is the same manner it would for a case ultimate goal of expedited adoption and that has not been appealed. If an termination appeals. To achieve timely interested and appropriate family resolution, the appellate court must is found for the child, visits and first, by court rule or by legislation, placement in the home should pro- have a system streamlining any appeal ceed while the appeal is pending. from an adoption or termination case. 0 The risk that the appeal might This system must, through appropriate be granted is overshadowed by channels, take such cases to the top of the detriment an extended delay the court's calendar. would cause if the search were Second, time frames must be placed on hold during the appeals established which shorten and strictly process and the trial court's ruling enforce the time for preparation of the upheld. record and filing of briefs. Scheduling orders should be given to ensure that The remaining steps of the appeals the case is not delayed. Only in process are under the control of the extraordinary circumstances should the 0

appellate court grant an extension of the court grant an attorney extra time time to any party. for filing the brief. Finally, after the record and transcript The largest obstacle to expediting are transmitted, and briefs have been adoption and termination appeals is filed, the appellate courts should hear transmission of the record. Preparation oral argument at the earliest possible and transmission of the transcript can time. At this point, the adoption or hold up an otherwise easily expedited termination appeal must be given strict process. Therefore, appellate courts priority over all other appellate matters. should seek to establish methods that Under certain circumstances, to be will make certain that the transcript is determined by the appellate court, the not unnecessarily delayed. For instance, matter should be considered without the appellate courts may by rule require oral argument. The absence of oral that preparation of the record in these argument in some cases further enables appeals be given priority over all other quick resolution. In either situation, transcripts for cases awaiting appeal. the appellate court's decision and written opinion must be released D. Caseflow Management promptly after consideration of the Considerations case. The appellate court should give From the date of the filing of the these decisions priority above all other notice of appeal, the court system and pending decisions. the parties involved should seek to resolve the matter promptly. The appel- C. Prior to the Hearing late courts should establish a system Appellate court administrators must that easily identifies the cases that fall establish a system to recognize and pri- under this priority system, and should oritize appeals in adoption and termi- monitor the flow of cases to avoid nation cases. A docketing statement, to unnecessary delays. Adequate open be prepared by the appellant, should spaces should be established in the contain a clause which covers adoption docket to guarantee that an appeal of and termination cases. When a party an adoption or termination case will indicates on the docketing statement immediately be placed on the docket. that the appeal is of an adoption or The appellate court should seek, at termination case, the court administra- least informally, to reduce the time tor will be alerted that the case will frame in which the appeal must be have priority in docketing over all other heard. For instance, the court might cases before the appellate court. The insist upon a maximum number of days court administrator should leave open between the time of the filing of the a certain percentage of space in the notice of appeal and the time the opin- court's docket so that when the adop- ion is issued by the court. tion or termination appeal is filed, adequate time is guaranteed available to E. Information the Court ensure that the case will be heard at the Should Have earliest practicable time. The information necessary for the Appellate courts should consider appellate court will differ from case to shortening the time for filing of briefs case, depending on the nature of each in these matters, through court rule or case. To ensure that an appeal of an legislative change. For instance, parties adoption or termination case is heard might have half the time to file each at the earliest time, the appellate court brief. In the alternative, the court may should have before it all information choose not to shorten the time for filing pertaining to the timing of the appeal. the brief, but rather, strictly enforce the The court should be adequately notified time for filing briefs already established if any unnecessary delay has emerged by court rule by eliminating the grant- in each case, and then the court should ing of extensions for filing briefs. Only order that no further delays be in extraordinary circumstances should permitted. O

0 F. Conducting the Hearing STEP 6: ff oral arguments are After the record has been transmitted, required, the appellate court sets 0 and all briefs have been filed, the the hearing within a maximum of 0 appellate court should hear the case as 30 days. soon as possible. The court should be STEP 7: The appellate court entry 0 responsible for enabling the case to be of judgement is completed and heard at the earliest time, and should distributed to parties within a therefore not contribute to any delays. maximum of 30 days from either If an oral argument is scheduled, the the filing of appellee briefs when date of argument must be given priority oral arguments are not required, 0 on the docket. The court should not or from the hearing on oral grant continuances, except in the most arguments. 0 extraordinary cases. 0 With these expedited time frames, the G. The Final Order appellate process adds a four to five The purpose of expedited appeals month delay, depending on oral argu- will be hindered if the court delays in ments, to achieving permanency for a the preparation of the final order. The child. Without an expedited process, as appellate court should issue a decision exists in many states, the delay to per- very soon after hearing the case or manency can be years. Involvement of reviewing the briefs in a case without appellate judges in court improvement oral argument. The permanency of the committees and in juvenile and family 0 child's home and future depends on a court training programs can open the quick determination by the court, thus door for collaboration on methods to 0 no delays must occur during the time in expedite appeals from terminations of which the court is to issue its opinion. parental rights and adoption. The writing of these appellate opinions must take priority over the writing of Endnotes any other opinion, regardless of when 88. Sections A through G were written by Justice 0 the case was heard. Evelyn Lundberg Stratton of the Supreme Court of Ohio, assisted by Jo-El Huck, research assistant. 0 89. Appendix I provides a list of states that have an H. Proposed Appellate Time expedited appellate process. Lines 90. The state of California requires that the appellate The following represents maximum courts rule within 120 days on whether reunification best practice recommended time lines efforts should be provided. The party challenging the termination of reunification efforts must file an extraor- for the appellate process when the case dinary writ within 7 days of the decision of the trial involves termination of parental rights court. The appellate court will make a ruling on the and adoption. 9° Whenever possible, it merits within the 120 day time frame. At the time of this publication's printing, the state of Ohio had pend- is in the child's best interests to reduce ing legislation to establish a 120-day to 150-day maxi- the time frames even further: mum time frame for issuing decisions on appeals of TPR and adoption cases. STEP 1: The trial court's order terminating parental rights is distributed to the parties. STEP 2: The appeal is filed within a maximum of 30 days. STEP 3: The record is transmitted from the trial court to the appellate court within a maximum of 30 days. STEP 4: The appellant brief is filed within a maximum of 20 days. STEP 5: The appellee brief is filed within a maximum of 10 days. 0 0 0 0 0

0 0 0 ADOPTION ISSUES JUDGES MUST UNDERSTAND PRIOR TO CONDUCTING REVIEW 0 HEARINGS THAT FOLLOW TERMINATION OF PARENTAL RIGHTS TABLE OF CONTENTS

A. The Multiethnic Placement Act ...... 42

B. Adoption Flecruitment Best Practices ...... 43

C. Inter-jurisdictional Adoptions and Interstate Compact on the Placement of Children ...... 44

D. Adoption Assistance Subsidies ...... 46

g. Non-Recurring Adoption Expenses and Medical Expenses ...... 47

F. Post-Adoptive Services ...... 48

G. Adoption Assistance Agreements ...... 50

Endnotes ...... 50

0 0 0 0 O

When parental rights have been ter- adoptive homes were white and 40% 0 minated and the permanent plan for a were black, while in 1999, 40% of the 0 child is adoption, there are seven issues children adopted were white and 43% 0 that judges must understand in order to of the children adopted were black? 5 conduct thorough and effective review Because of the disproportionate lack hearings. These issues are: of homes for minority youth, ethnicity 0 was categorized as a "special need" • The Multiethnic Placement Act; factor for agency adoption purposes 0 • Adoption Recruitment Best and also resulted in passage of the Mul- 0 Practices; tiethnic Placement Act of 1994 (MEPA)? 6 • Interjurisdictional Adoptions and MEPA was intended to strengthen child 0 Interstate Compact on the protection practice relative to children 0 Placement of Children; of color, and to remove barriers to inter- 0 • Adoption Assistance Subsidies; ethnic adoption. MEPA was amended • Non-Recurring Adoption by provisions of the Interethnic Place- 0 Expenses and Medical Expenses; ment Act (IEPA) in 1996. As amended, 0 • Post-Adoptive Services; and states and state entities that receive fed- • Adoption Assistance Agreements. eral funds and are involved in adoption and foster care may not: All ICWA related issues should have been identified and addressed .... deny to any person the substantially earlier in the process. opportunity to become an However, because parties may have adoptive or foster parent on 0 overlooked ICWA and failed to identify the basis of the race, color, or 0 an Indian child and interested Indian national origin of the person or caregivers early in the case, it is critical of the child involved, or .... delay for judges to inquire at each hearing or deny the placement of a child whether ICWA applies and has been 0 complied with. Failure to do so may for adoption or into foster care on the basis of the race, color cause substantial delays at this point in 0 the process. 91 or national origin of the adoptive or foster parent or the child A. The Multiethnic involved... 0 Placement Act For each child with special needs MEPA makes it clear that agencies 0 who is adopted each year, another child are required to make special efforts to 0 is still waiting for a family? z Children recruit minority foster care and adop- of color represent a higher number of tive homes. The Act prohibits agency those who are waiting. A 1992 study practices that routinely require ethnic entitled Adoption Services for Waiting matching of child and family and pro- Minority and Non-minority Children 93 hibits delays resulting from attempts found that ethnicity was the single to find same-ethnicity placementsY strongest predictor of whether a child MEPA allows consideration of ethnic- was in an adoptive placement. This ity, color or national origin based on study found that African-American facts of specific cases but gives no clear children constituted about 37% of the guidelines for these exceptions. 0 children who are free for adoption The North American Council on but who have not yet been placed. Adoptable Children (NACAC), 98 many Overall, African-American, Hispanic, social workers and many judges believe 0 and Native American children were that ethnicity is important to consider in found in the child protection system child placement. However, because of at three times their proportion to the the lack of clear guidelines, and because nation's population. 94 a pending lawsuit against an Ohio child More current data shows that in welfare agency alleges violation of the 1998, 30% of the children waiting for Civil Rights Act of 1964 and MEPA 0 0

by using ethnicity as a factor in adop- B. Adoption Recruitment tive placement, courts and child welfare Best Practices agencies are currently unclear regard- ASFA requires that reasonable efforts ing how ethnicity can be considered extend beyond the permanency plan- and under what circumstances. ning hearing to achievement of perma- Until clearer guidelines emerge nency for a child and closure of the regarding when ethnicity can be con- case. Adoption recruitment is one of the sidered as a factor, NACAC suggests activities that judges must now deter- 0 that when transethnic placements occur mine to be "reasonable." This determi- (approximately 18% to 20% of adop- nation includes whether the child wel- tions are transethnic) 99, agencies must fare agency has: prepare families to handle the unique responsibilities of transethnic parent- • adequate programs to recruit and ing. Transethnic adopting families need identify prospective adoptive 0 access to information and resources so parents both locally and beyond 0 they can effectively teach their chip state boundaries; dren how to take pride in their heritage • adequate staff to complete home and prosper as a member of a minority studies in a timely manner and culture. Ioo to prepare adoption assistance Thejudicial rote in dealing with MEPA agreements and interstate complexities includes: documentation; and • appropriate and accessible services • As judges monitor reasonable to place and stabilize a child in the efforts throughout a case, to permanent home. ensure that agency policies and practices do not deter reunification Adoption recruitment must encour- services and relative placements age collaboration with other agencies for families of color. and the community. For an Indian child, • To ensure that the agency has it is essential that recruitment include adequate programs for the the child's tribal community in order recruitment of foster families and to create the possibility of recruiting a adoptive families that are reflective Native American home. Recruiters must of the ethnicity of the children reach out to families, bring families for- needing such placements. ward who express interest and recruit- • When an adoptive home must be ment processes must be designed to recruited for a minority child, to retain the families' interest by assisting ensure that all available specialized them through a timely process of appli- placement agencies are being cation, approval, full disclosure and used. placement. ~°2 Among the components • To ensure that ethnicity does not of effective adoption recruitment are: 1°~ delay or deny a child an appropriate foster or adoptive placement. • a clear understanding of the demo- • To ensure that when a transethnic graphics of children awaiting placement occurs, the child and adoption; parents receive adequate prepara- • a strong agency reputation in 0 tion, information and resources to the community with validation make the placement a success. by respected community organizations and leaders - or, in the alter- 0 native, collaboration with agencies At any given time, an estimated who do have a strong community 1.5 % of foster children - about reputation and who will serve as 8,000 - are available for adoption the "front door" to the recruitment and, as yet, no adoptive family process; has been identified for them. 1°1 • excellent "customer service" to families who express interest 0 0 0 0

throughout the process, starting adoption can be placed with a with a timely and supportive family in another agency, county 0 response to the initial inquiry, and or state. 0 extending to access to supports and services both before and after In order to make meaningful rea- achievement of permanence and sonable efforts findings, judges must 0 closure of the case; understand the agency's overall adop- • a consistent agency-wide philo- tion policies and processes as well as sophical approach to adoption, know how these processes are work- 0 including foster care units and ing in an individual case. Not only is it 0 adoption units who can communi- important for judges to make reason- cate and work together effectively, able efforts findings in individual cases, 0 necessary staff resources including but judges must also advocate and col- 0 staff training, and accessibility of laborate with the child welfare agency offices and services to targeted and community leaders to ensure that 0 communities; all components of effective adoptive • cultural competence, with a recruitment exist for the neglected and 0 congruent set of behaviors, abused children in their community. policies, and attitudes, and When judges consistently find that community outreach that reasonable efforts in adoption understands and is respectful of recruitment are not being made due to the community's culture; a lack of resources, they should work • programs that make sure that with their child welfare agency, child foster parents are encouraged and welfare professionals, the community supported, when appropriate, to and local or state government policy become adopting families; makers to develop a plan to reorganize • recruitment programs that include or increase resource allocation to meet both public awareness and infor- this important need. When courts have mation, and child-specific compo- adequate information systems to nents such as television, news- provide data on this population and paper, billboards, and adoption the consequences of delayed adoptions, exchanges; judges have a strong foundation to • printed materials, public infor- develop the case for the cost- mation announcements, adoption effectiveness of such a reallocation. events, and community outreach; • internet sites and other means by C. Interjurisdictional 0 which adoption information can be Adoptions and Interstate made readily available both locally Compact on the and nationally; Placement of Children • contracts with other states and (ICPC) 1°4 non-profit organizations to con- ASFA contains two provisions that duct recruitment activities in geo- relate to interjurisdictional adoption graphic areas outside of the agen- issues. ASFA requires that state child cy's jurisdiction; welfare plans: 105 • good relations with previous adoptive and foster parents, since word • specify that the state will not deny of mouth is such an effective or delay the placement of a child recruitment tool; use of parents for adoption when an approved who have already adopted chil- family is available outside of the dren as "parent buddies" to help court jurisdiction which has the guide prospective adoptive parents responsibility for handling the case through the process; and of the child; and • strong and active collaboration • contain assurances that the state between agencies and jurisdic- will develop plans for the effective tions, so that children waiting for use of cross-jurisdictional resources to facilitate timely adop- the home study will be willing to tive or permanent placements for ensure that all requirements are waiting children. covered.l°8

Furthermore, ASFA establishes a pen- . Although the Constitution sets the alty to be assessed against federal foster framework for states to accept the care funds for states that are found to court orders of other states, nei- deny or delay the placement of a child ther the Congress nor case law for adoption when an approved family has specifically addressed accep- is available outside of the jurisdiction. tance of termination of parental ICPC provides the legal framework rights orders or adoption decrees. 0 for the placement of children across The Supreme Court has ruled that state fines, including adoptive place- states are not obligated to judicial ment. All interjurisdictional adoptive actions of other states in situations placements must be approved by the where minimum standards of due ICPC with the exception of those occur- process have not been provided to 0 ring within Indian reservations. 1°6 those affected. Because the children for whom adop- There are two methods to deal tive homes must be recruited are among with this issue. First, if a court the most difficult to place due to an has implemented the recom- older age, their need to be placed mendations of the RESOURCE with siblings or other special consid- GUIDELINES and these ADOP- erations, such children are likely can- TION AND PERMANENCY GUIDE- didates for adoptive placement across LINES regarding due process jurisdictions. Searching across jurisdic- issues, minimum standards of due tional lines for an adoptive family for process should be easily met. 1°9 hard-to-place children may increase the Second, some states specify in their likelihood that they will be matched adoption statutes that the state will with an appropriate family. accept such orders from any other While the number of interjurisdic- state. tional adoptions is relatively small, the process is longer and more complex . Finally, states may need to improve than the adoption process within a procedures for administering and jurisdiction. ~°7 Consequently, courts implementing the ICPC. Delays must watch for three potential problem caused by the sending or receiv- 0 areas and ensure that these problems ing state's preparation of the ICPC are being addressed. These problems approval request could cause and potential solutions are: unnecessary delays in the adoptive placement of a child. . There is no nationally accepted Judges must advocate to ensure standard for home studies, and that their state's ICPC requests public child welfare agencies do are promptly processed. Ideally, not have the authority to specify an ICPC request related to adop- the contents of a home study pre- tion would be processed through pared in another jurisdiction. Con- the state's ICPC division within 3 sequently, the home study from days. For jurisdictions that rou- the other jurisdiction may not meet tinely place children in a neigh- the requirements of the jurisdic- boring jurisdiction, border agree- tion that holds custody of the ments can be worked out to allevi- child. ate delays in beginning home stud- However, if the requesting ies requested through the ICPC agency notifies the agency pre- of-rice J lo paring the home study of its specific requirements in advance, it P.L. 96-272 directed states to protect is probable that the agency doing the interstate interests of adopted children. The Interstate Compact on assistance payments may continue until Adoption and Medical Assistance the child is age 18, or at state option, (ICAMA) was established in 1986 to until the age of 21 if the child is mentally meet the P.L. 96-272 mandate. Once or physically disabled. an interstate adopting home is found To be eligible for this funding, a state and approved for a child, ICAMA must have a plan describing how it provides assistance by formalizing the will provide this assistance to adopting delivery of medical and other services families. The state plan describes what to children and their adopting families adoption assistance is available and the 0 on an interstate basis. The compact eligibility criteria, what efforts must be recognizes that adopting parents may undertaken to place a child without 0 move from one state to another while assistance before eligibility applies, under adoption assistance agreements when assistance will begin (i.e. on 0 and that many special needs children placement of the child in a prospective will be placed with families across adoptive home), and when it will end. state lines. Operation of ICAMA is There are two conditions a child must the responsibility of a designated meet in order to be eligible for the fed- compact administrator in each state. erally funded assistance program. First, This administrator is located in the the child must be IV-E eligible. Second, Title IV-E agency that coordinates with the child must have special needs. IV-E in-state and out-of-state officials to eligibility is based on the birth parent's facilitate the provision of benefits and financial eligibility for AFDC or the services for special needs adopted child's eligibility for SSI. Income of children. Approximately two-thirds of the adopting parent(s) is not a factor. the states are members of ICAMA. In order to be IV-E eligible, the court must have made determinations of 0 D. Adoption Assistance "best interests" and "reasonable efforts" Subsidies 111 before ruling out a plan of reunification For many special needs children, and approving a plan of adoption. adoption assistance subsidies can make Federal regulations define a child adoption feasible where it might with special needs as a child who has a otherwise not be possible. All 50 states specific condition or factor that makes and the District of Columbia have a child difficult to place for adoption. both federally funded and state funded This definition leaves room for states to adoption assistance programs. These develop their own detailed definitions of programs are designed to ensure that special needs. Some states define spe- O families who adopt are provided with cial needs more narrowly than others. 0 the financial resources and necessary The North American Council on Adopt- services to meet a child's often costly able Children has recognized the state special needs. of Ohio as a state that broadly defines The Federal Adoption Assistance Pro- special needs in order to be inclusive of gram was established by the Adoption as many children as possible. Ohio uses Assistance and Child Welfare Act of the following factors to define special 1980 (P.L. 96-272) as an open ended enti- needs in its adoption assistance plan: tlement program. It provides payments for IV-E eligible children with special • a sibling group of two or more; 0 needs who are adopted through public • an ethnic background that is non- child welfare agencies and private child Caucasian; placement agencies. The federal reim- • any child age 6 or older; bursement rate is 50% to 75%, with the • a documented physical, mental or match covered by state and/or county developmental disability or disor- funds. Children who are receiving fed- der, or emotional disturbance or eral maintenance subsidies are counted behavior problem; 0 as IV-E children in determining the • an identified or reasonably identifi- state's IV-E penetration rate. Adoption able risk of developing a physical or developmental disability, mental with one exception. The exception is that disability or disorder, emotional "means testing" of the adopting family disturbance or behavior problem is permitted as eligibility criteria for that is related to the child's history non IV-E eligible children. Assistance to of abuse or neglect, genetic factors non-IV-E eligible special needs children or other environmental traumas; or is totally funded by state and/or county • psychological attachment to the dollars. Since all 50 states and the foster care giver due to placement District of Columbia are involved in the of at least one year, such that federal adoption assistance program. placement with another family would not be in the child's best All states must provide adoption interests. assistance to all special needs Sometimes when judges ask the child children. welfare worker questions about available benefits, they are given the This information is particularly impor- impression that limitations on adop- tant for judges who may believe that tion assistance subsidies are due to fed- it is appropriate to make a finding that eral mandates and therefore unchange- reasonable efforts to find an adopting able. Often, however, the limitation is family have not been made but are con- selected by their state as states have flex- cerned that doing so will prevent an ibility in several areas. For instance: adopting family, when located, from being able to receive adoption assis- • extending assistance to age 21 tance subsidy. Such a finding will not if the child is physically or prevent the child from being eligible emotionally disabled, for adoption assistance when an adopt- • what defines special needs, and ing family is finally recruited. • how much assistance it gives to adopting parents. E. Non-Recurring Adoption 0 Expenses and Medical Regarding the amount of assistance Expenses 112 available to adopting parents, federal The Federal Adoption Assistance Pro- law allows federally funded adoption gram also provides matching funds for assistance to be up to the amount that non-recurring adoption expenses for the adopting parent received as the fos- both IV-E and non-IV-E eligible spe- tering subsidy. This means that when cial needs children. State or county states reduce the amount paid to an funds cover the portion of the costs that adopting parent after the adoption is the match does not cover. Generally, finalized, they are doing so at their own this reimbursement is available to the choice. In addition, nothing in federal adopting parent for 100% of costs up law prevents states from providing, at to $2,000 for the actual expenses of the their own expense, additional benefits adoption, i.e., legal and court fees, the beyond the federal assistance. adoption home study, adoption fees, and other expenses directly related to It is important for judges to adoption of the child. know the details of their state All children who receive adoption plan and which components are assistance under Title IV-E are federally mandated as opposed categorically eligible to receive Title to choices made by the state XIX Medicaid in the state in which child welfare agency. they live, whether or not it is the state that is party to an adoption assistance Federal regulations require that states agreement. Children who receive state receiving federal dollars for adoption funded adoption assistance are not assistance must also offer the same automatically eligible for Medicaid. assistance options to children with However, states have the option of special needs who are not IV-E eligible, choosing to extend Title XIX Medicaid 0

0 O

to these children, without regard to the • Clearinghouse - A clearinghouse income of their adopting parents, if they should include information on all meet eligibility criteria9 Since ASFA aspects of the adoption process, spe- requires that states provide health cial needs, and adoption search. Par- insurance to children for whom there ents and professionals should be is an adoption assistance agreement able to easily access information on and who need medical assistance for upcoming training and conferences, physical, mental, or rehabilitative care, parent support groups, therapists, most states have elected the option etc., through a website. to make children under state funded adoption assistance agreements • Help Line - A toll-free telephone help Medicaid eligible. TM line should exist with trained staff to provide support and assistance to fam- F. Post-Adoptive Services 115 ilies seeking general information on Many families who adopt children adoption and special needs. It should with special needs will require provide crisis intervention and infor- supportive services throughout mation and referral regarding avail- childhood and adolescence. The able services, as well as names of spe- availability of these supportive services cific service providers who have a spe- can be the determining factor in the cial proficiency in working with adopt- long-term success of many adoptions ing families and adopted children. of children with special needs. While adoption subsidies provide Parent Training and Education - financial and medical assistance, many Parents need on-going training and adopting parents find themselves with education on adoption issues includ- very troubled children, for whom their ing separation, grief, loss and attach- repertoire of parenting techniques and ment, as well as education on the spe- the usual configuration of community cific special needs of their children services are inadequate. Often the spe- such as attention deficit hyperactiv- 0 cial needs of children are not obvious ity disorder, fetal alcohol syndrome at the time of their adoptive placement. and fetal alcohol effect, learning dis- The damage to children from prenatal abilities, and the long-term effects of substance exposure or maltreatment neglect and abuse. 0 may not manifest itself until well after the adoption is finalized. Parent Support Groups - The expe- Finalizing an adoption does not end riences of other adopting parents are the impact of the child's abusive and invaluable to special needs adopting neglectful history. The adoption pro- parents. Parent groups offer support cess can also have a substantial impact through the sharing of experiences on family dynamics. that are unique to special needs adoption. By offering education and sup- Adopting families for special port, parent groups help keep families needs children are likely to have together and may become an excel- continuing needs that peak at lent resource for prospective adop- certain developmental periods or tive parents. at times of family stress. 0 Individual and Family Counseling Many of these children, even though - Few parents are prepared to rear placed in the most loving, nurturing children who come from the foster adoptive homes, are likely to have ongo- care system. Many of these vulnerable ing problems. children have experienced physical In order to provide the full range and emotional trauma as well as of services to families adopting special multiple placements and will need needs children, post-adoptive service ongoing therapy in order to integrate systems should include: into a permanent family. Advocacy - When interacting with and effective system for all children. the educational, social services and Many states do not offer adequate medical communities, adoptive funding for post-adoptive services. families often become intimidated and Courts need to be satisfied that the frustrated trying to secure needed necessary services will be available services for their children. Providing to support these families so they can a trained advocate and offering achieve successful permanence for their advocacy training to parents enables adopted children. them to communicate effectively on The North American Council on behalf of their children. Adoptable Children has identified Ohio and Illinois as two states with successful Respite Care - Families often face models of post-adoptive services. many challenges rearing their spe- Descriptions of these two state systems cial needs children and need time are included in Appendix L. After away from the daily pressures and reviewing these two systems to ongoing stress. Respite care comes in determine what is possible, judges many forms, including hourly care, should assess the adequacy of the in-home respite care, and residential system in their jurisdiction by asking programs. the following questions: 116

Intensive Home Based Services 1) Are funds available for needed ser- and Day Treatment Programs vices in addition to routine mainte- - Some children with multiple and nance payments? severe needs may need extra in home 2) Are regulations interpreted broadly supports. Specially trained workers to expand eligibility to the maxi- can come into the home or school mum appropriate degree? to help teach the parent and teacher 3) If funds are provided directly to the better methods of managing the adoptive parent to purchase ser- child's problem behaviors. Some vices, are the needed services avail- children's problems may be so severe able for purchase? they require special programming in 4) If the funds are provided directly to a day treatment environment. the adopting parent(s) to purchase services, can funds be made avail- Residential treatment - For certain able up front when needed? periods of time in their development, 5) If funds are provided directly to ser- some children require more care than vice providers, are the services con- can be provided in a family setting. sumer friendly and easily accessible Residential programs can encompass to the child and adopting family? psychological, emotional, behavioral 6) Is there a mechanism to collect con- and medical treatment. sumer satisfaction information from the adopting parents who are pur- Judges should have information about chasing or using the post-adoptive the post-adoptive service system that services? If so, what does the infor- exists in their jurisdictions, not only for marion identify as the strengths effective review of an individual case, and weaknesses of the post-adop- 0 but also to advocate for a comprehensive tive service system? 7) Does the service system include all of the necessary services listed Juvenile and family courts should on preceding pages to provide a have a vested interest in the full range of services to adopting quality and quantity of post- families? adoptive services available to 8) Are funds flexible enough to allow the families who step forward the purchase and installation of to adopt abused and neglected items such as wheelchair ramps, children with special needs. special vans for the handicapped, 0 0 0

0 etc., and for emergency needs when 93. Submitted under contract to DHHS, Office of there is no other source of such Human Development Services, Rockville, MD. 1986. 0 funding and when lack of such 94. Lakin, D. and Whiffield, L., supra. funding could result in the breakup 95. Data from the Adoption and Foster Care Analy- sis and Reporting System (AFCARS) was provided by of the adopting family? Dr. Penelope L. Maza, Senior Policy Research Analyst, the Children's Bureau. If judges find the post-adoptive 96. 42USC5115a. services system in their jurisdiction 97. It is important to note that MEPA expressly lacking, they should make the excludes ICWA cases from its requirements. consequences of the lack of services 98. RACE MATIERS, by Diane Riggs and Joe Kroll, Adoptalk, a publication of the North American Council known to the policy makers and then on Adoptable Children, Spring 2000. 0 advocate for improved systems of post- 99. Data reported by Joe Kroll, Director, North Amer- adoptive services. ican Council on Adoptable Children. 0 100. RACE MATFERS, supra note 99. G. Adoption Assistance 101. FOSTER CARE: HHS Could Better Facilitate Agreements the Interjurisdictional Adoption Process, GAO/HEHS- Prior to finalization of a special needs 00-12, November 1999. 0 adoption, an adoption assistance agree- 102. See Appendix K for a description of the activities of the two courts in the NCJ-FCJ Permanency Planning ment should be made in writing for Children Department's Expedited Adoption Proj- between the adopting parent(s) and the ect. The two courts are Multnomah County Juvenile social services agency. This agreement Court in Portland, Oregon and the Hamilton County Juvenile Court in Cincinnati, Ohio. should include: 0 103. Taken in part from Lakin, D. and Whitfield, L., Adoption Recruitment: Meeting the Needs of Waiting 0 • the nature and amount of adoption Children, Adoption Policy and Special Needs Children, 0 assistance to be provided to the 1997. Auburn House, Westport, CT. child and adopting parent(s) after 104. Information condensed from the GAO report Foster Care: HHS Could Better Facilitate the Interjuris- the adoption is finalized; clictional Adoption Process, November 1999. 0 • agreed services that will be pro- 105. These plans are required under Title IV-E of the vided to the child and family post- Social Security Act in order for states to receive federal 0 finalization and the method of foster care funds for maintenance of foster children, specific administration costs associated with foster care funding for these services; programs and adoption assistance. • how medical needs of the child will 106. The ICPC is explained in Chapter 1, Section A be covered; and in Appendix C. • under what circumstances the 107. Health and Human Services administrative data agreement can be modified either place the number of finalized adoptions of foster chil- to increase or decrease payments dren across state lines at less than 250 in 1998. or services; 108. It should be noted that for Indian children, the child's tribe establishes its community standards for 0 • the continued effectiveness of the home studies. agreement ff the adoptive parents 109. For example, who should be present at hearings, move out of state; and proper service of process, proper legal representation, • names and phone numbers of etc. persons adopting parents can 110. See Appendix D for a sample Border Agreement. contact for assistance if additional 111. Liz Oppenheim, Manager, Association of questions or needs arise. Administrators of the Interstate Compact on Adoption and Medical Assistance, American Public Human The court should be aware of this Services Association made a substantial contribution information during review hearings to to this section. ensure that these issues are resolved 112. Ibid. 113. This option was established by the Consolidated with the adopting parent(s) well before Omnibus Reconciliation Act of 1985. the adoption is ready to be finalized. 114. Adoption and Safe Families Act, November 1997, Sec. 306. Endnotes 115. Joe Kroll and Ginny Blade of the North American 91. See Chapter I, Section A for a description of the Council on Adoptable Children made substantial con- Indian Child Welfare Act. tributions to this section. 92. Rosenthal, J., Groze, V., Adoption, race and iden- 116. From Preliminary Survey of Post-Adoptive Ser- tity: From infancy through adolescence, 1992. Praeger, vices in Ohio, Illinois, Indiana & Michigan prepared by New York, NY. Barbara Seibel for NCJFCJ, June 1999. REVIEW HEARINGS THAT FOLLOW PERMANENCY HEARINGS OR TERMINATION OF PARENTAL RIGHTS HEARINGS TABLE OF CONTENTS

A. Purpose ...... 52 B. Timing of Review Hearings ...... 52 • Timing of Review Hearings for Children for Whom Adoptive Homes Must be Recruited ...... 53 0 C. Preparation for the Hearing ...... 54 • The Child Welfare Agency and GAL or CASA ...... 54 0 • The Court ...... 54 D. Conducting the Hearing ...... 54 • Who Should be Present ...... 55

• Questions that Must be Answered ...... 55 In All Cases, what are the Child's Special Needs? ...... 55 If Reunification is the Permanent Plan ...... 55 If Permanent Guardianship or Permanent Custody is the Permanent Plan ...... 55 If Relative or Foster Home Adoption is the Permanent Plan ...... 56 0 If an Adoptive Home has been Recruited Since the Last Hearing but the Child has not yet Been Placed in the Home ...... 56 If the Child Has Been Placed in an Adoptive Home Since the Last Hearing ...... 57 0 If the Child Has Been in the Adoptive 0 Home Since the Last Hearing ...... 57 If the Agency is Recruiting an Adoptive Home ...... 58 0 If Another Plan is the Permanent Plan ...... 58 0 E. Findings and Conclusions ...... 58 Endnotes ...... 59 0 0 0

0 0

0 A. Purpose account for the majority of adop- At this point in the court process tions from foster care. one of three circumstances exists for The court has the continuing respon- the abused and neglected child who sibility to evaluate whether reasonable remains under court jurisdiction: efforts are being made by the child welfare agency to achieve permanence. The 1) The permanency hearing deter- child welfare agency remains responsi- mined that reunification, perma- ble to make sure that every timely effort nent guardianship or permanent is being made to implement the perma- custody or some other permanent nency plan, to finalize the adoption, or plan was appropriate for the child, to find an adopting family. but this plan has not been fully Timely attention to case progress is 0 implemented. just as important at this stage as it is in 2) Parental rights have been termi- all of the preceding stages of the court nated, the child is in the home of process. The court must ensure that the the adopting family, but the adop- child does not languish without perma- tion is not yet finalized. nence while the court or child welfare 3) Parental rights have been termi- agency turns their attention to other nated and an adoptive home is crises. being recruited for the child. B. Timing of Review In all of these circumstances, perma- Hearings nence has not been fully achieved and Time lines for review hearings that it is the responsibility of the court to follow a permanency hearing or termi- continue to review the case. nation of parental rights hearings are not specifically set out in federal law. 0 These review hearings are Case circumstances should drive the important to ensure continued time frames for these review hearings. momentum toward achieving However, the review process should, in permanence and case closure. most cases, be expedited to accommo- date a review at least every 90 days. They should continue on a regular basis until the permanent home is final- It is better for children and ized and court involvement ends. more efficient for courts and The child welfare system has signif- agencies to hold frequent icant challenges that can impede the reviews that produce timely case 0 progress of cases. Two of the most sig- finalization than it is to hold 0 nificant system challenges for children less frequent reviews that allow at this point are: 117 case finalization to linger over an extended period of time. • Public agencies have placed relatively little emphasis on adoption Specific examples of recommended of special needs children because time frames for review hearings that the dramatic increase in abuse follow permanency hearings or termi- reports during the past decade has nation of parental rights hearings are: required agencies to devote most of their staff time and resources to When reunification is the plan, child protective services and foster the court should ensure that reuni- care. fication occurs within 90 days of • Lack of coordination between the permanency hearing. A 90 adoption and foster care units day review hearing should have within public child welfare agen- been set at the permanency hear- cies can result in delays to the ing. Ideally, a review or progress adoption process, especially adop- report should also be set at 45 tions by foster parents, which days to ensure significant movement toward the goal, thereby circumstances of the child but allowing the court to move the reviews should be held a minimum final hearing forward if the child of every 90 days. u8 can return home earlier than previously anticipated. The final hearing Timing of Review Hearings for should celebrate the parent's suc- Children for Whom Adoptive cess in making the home safe for Homes Must be Recruited the child's return. If reunification When parental rights have been ter- has not been achieved at 90 days, minated and an adoptive home must however, a new permanent plan be recruited, the court carries a special should be determined and either a obligation to monitor the case very termination of parental rights peti- closely until the adoptive home is identi- tion flied within 30 days or another fied and the child is placed in the adopt- review hearing set within 30 days ing home. After the child has been 0 to implement an alternative plan placed in the adopting home, reviews of permanent guardianship or per- must continue regularly thereafter until manent custody. finalization. • When the plan at the permanency The court should initially review the hearing was permanent guard- case as often as every 30 to 60 days ianship or permanent custody to make sure all avenues for recruit- and the plan could not be fully ment of an adoptive home are being implemented at the permanency actively pursued. The court should make 0 hearing, a 90-day review hearing sure the case file has been thoroughly should have been scheduled. The reviewed to identify any prior attach- court should expect the plan to ments between the child and a foster be fully implemented within this parent or other involved adult (i.e., a 90 day period unless there is an teacher, minister, neighbor or coach). exceptional reason otherwise. As The court must ensure that the agency, with reunification, a review or the GAL and the CASA are actively progress report should also occur investigating all interested and appro- at 45 days to ensure significant priate persons as potential adopting movement toward the goal so the families. For Indian children, the court court can move the final hearing must ensure that the agency has con- forward, if appropriate. tacted the child's tribe and is actively • When parental rights have been seeking assistance from the tribe in terminated and the plan is for identifying and investigating all inter- adoption by the family with ested adoptive families. whom the child has been resid- Some judges set aside one day each ing, everything should be in place month on their dockets and schedule O to finalize the adoption as soon as reviews for every child whose parental statutory time frames allow. The rights have been terminated but an court should monitor such situa- adoptive home has not yet been tions a minimum of every 90 days found, u9 Other judges set a specific until the adoption is finalized and time frame, i.e., 45 days, and if an adop- 0 more frequently if there are com- tive home has not been approved, the plexities that could cause delays in judge sets the child's case for review. the finalization. Some courts use Citizen Review Boards • When, due to compelling reasons, to review these cases so that reviews another plan not involving can be more frequent for these chip reunification, termination of dren. The Review Board recommends parental rights or permanent guardianship or custody was For the group of children for approved at the permanency hear- whom adoptive homes require ing, the specific time frame for intensive recruitment, these review hearings depends on the reviews are most critical. to the judge the docketing of cases adequate for cases where the child is where reasonable efforts to find an in the permanent home, there are no adoptive home may not be occurring. problem issues and the case is moving Judges must move out of the court- expeditiously toward achieving the room and into the community, raising permanent plan. However, in all other community awareness that these are circumstances, one hour will generally our children who need new families. be necessary to hold a thorough and Judges must engage the community in effective review. 0 the effort to find a permanent home for Prior to the hearing, the judicial offi- every child. cer should review the court file and the reports provided in advance to the C. Preparation for the court and all parties by the agency, 0 Hearing GAL or CASA, and the child's tribe if the child is an Indian child. The judicial The Child Welfare Agency and officer should pay particular attention GAL or CASA to: A summary report that provides information covering all pertinent ques- • the date the child was first tions listed in "Questions that Must be removed from the home, age at Answered" (see section D) should be removal, and circumstances sur- prepared by the caseworker and pro- rounding the removal; vided in advance of the hearing to all • placement history, status of the parties and the court. 12° This report child's health and well-being, cur- should clearly set forth the efforts the rent photo of the child, and known agency has made toward accomplish- needs, including cultural needs; ment of the permanent plan as well • findings of fact and conclusions of as current information about the well law from the permanency hearing, being of the child. If any changes to the termination of parental rights the court approved plan, time line or hearing, or the previous review services to the child are being rec- hearing; ommended, sufficient facts should be • details of the permanent plan, set forth to justify the recommended including time lines for accom- change. plishing interim steps; The GAL or CASA should also pre- • specific progress toward the per- pare a report, setting out contacts made manent plan, with events needed with the child, any other new infor- to complete the process outlined in mation and an assessment of progress detail; made toward the permanent goal. • whether social services agency staff assigned to the case have The Court changed; At the preceding permanency, ter- • a listing of parties, attorneys and mination of parental rights or review other representatives, and current hearing, a date and time for a subse- care providers (foster parent/ quent review hearing would have been adoptive parent); and set. This review hearing would have • recent progress reports and other 0 been scheduled before the same judi- reports and evaluations. cial officer who presided over the permanency hearing or the termination of D. Conducting the Hearing parental rights trial. This review hearing allows a judge to The length of time needed for the identify and resolve disputes, make a review may vary depending on the record of agency and other party prog- circumstances of the case. The court ress and discourage delay. To accom- would have been in a position to plish these purposes, "paper reviews" make this assessment at the preceding are inadequate and do not comport hearing. Thirty minutes may be with good practice, even when facts 0

and recommendations in the pre-hear- goals. A child should seldom, if ever, be ing report are agreed. Parties should absent from an entire hearing. be present to express understanding and acceptance of pre-hearing reports, Questions that Must be including the recent history of the case. Answered: 1z7 If birth parents' rights have not been In order to determine that reasonable terminated, the review hearing provides efforts are being made toward achiev- a forum for determining parents' viewing the permanent plan, the court must points and permanent plan recommen- ensure that it has sufficient informa- dations. The court should ensure that tion to answer all of the following ques- an Indian child's tribe has an oppor- tions. tunity to offer the tribe's views which may differ from those offered by any IN ALL CASES, WHAT ARE THE other party. CHILD'S SPECIAL NEEDS? • Updates on health and educational Who Should be Present../21 information; • the judge who has monitored the • Updates on what is being offered case from the first hearing; to address the child's cultural • the child, unless inappropriate for needs, ff applicable; a specific reason; 122 • A description of the child's current • parent(s) whose rights have not placement adjustment; and been relinquished or terminated; ~2a • A description of the services that • attorney(s) for the parent(s); are being provided to the child, • assigned social services the progress the child has made worker(s); 124 and issues that still need to be • prosecuting or agency attorney; addressed. • for Indian children, a representative from the child's IF REUNIFICATION IS THE tribe, if applicable, and tribal PERMANENT PLAN: attorney, if any; • What progress has been made on • guardian ad litem for the child, each of the issues that prevented whether attorney, social worker or implementation of this plan at the other paid non-attorney, or volun- permanency hearing? teer or CASA; • How often is visitation occurring • attorney for the child, if applicable; and what is the impact on the child • foster parent(s), legal risk foster and family? parent(s) or adoptive parent(s); • What is the date and detailed plan • relatives, other interested persons for the child's safe re~rn home and witnesses; a25 and follow-up supervision after • court reporter or suitable record- family reunification? ing technology; and • What are the plans to continue any • court security and other court necessary services to the child? staffY6 • What are the plans to continue any necessary services to the family? 0 Children should be present at some • If a change of school will occur, point during the hearing to give the what will be done to prepare for judge an opportunity to observe them. the transition? Children can provide the court with • If the family has not made ade- verbal and nonverbal information as to quate progress to enable a safe their needs. Older children can offer return home, what alternate per- perceptions and concerns and will often manent plan is recommended and have questions regarding their circum- what are the steps and time frames stances, the case plan, and projected for its implementation? time frames for achieving permanent 0

IF PERMANENT GUARDIANSHIP members, if relevant, and is this OR PERMANENT CUSTODY IS contact working well for the child 0 THE PERMANENT PLAN: 12a and all involved individuals? • What progress has been made on • How soon can the adoption be each of the issues that prevented finalized? What specific steps implementation of this plan at the must occur and what is the time permanency hearing? frame for each of the steps? • What contact is occurring between • Has the adoption assistance agree- the child and parents, siblings, ment been negotiated? ff not, why 0 other family members, tribal and not? Have all appropriate subsidies clan members, if applicable, and is been identified and has all paper- this contact working well for the work been completed with regard 0 child and all involved individuals? to these subsidies? Will services 0 • Has there been full disclosure follow the family if they move out of regarding the child's background state? Is the adopting family aware history and current or potential of the details of all appropriate sub- disabilities? sidy issues? • What are the plans to continue any • Has the relative or foster parent necessary services to the child? been made aware of ways to How will these services be funded access needed services after the after guardianship or custody has adoption is finalized? Has the rel- been granted? ative or foster parent been given • What is the plan for financial sup- contacts for support groups or port from the biological parents? other adopting families who can • Is there any reason that permanent serve as mentors and supports? guardianship or permanent custody should not be granted IF AN ADOPTIVE HOME HAS today? 1z9 BEEN RECRUITED SINCE THE • If sufficient progress has not LAST HEARING BUT THE CHILD been made to enable the granting HAS NOT YET BEEN PLACED IN of permanent guardianship or THE HOME: permanent custody at this hearing, • A detailed description of the family what alternate permanent plan is and the neighborhood in which recommended and what are the the family lives. Is there another steps and time frames for its person who spends significant implementation? time in the home and if so, has this individual been interviewed IF RELATIVE OR FOSTER HOME for appropriateness? ADOPTION IS THE PERMANENT • If the child is an Indian child, does PLAN: the home meet the placement pref- • What progress in approving the erences established in ICWA, and, relative or foster home as the adop- if not, why not? What efforts tive home has been made since the has the agency made to identify a termination of parental rights hear- placement under ICWA? ing? If it is not yet approved, why • Has there been full disclosure to 0 not, what remains to be done, and the adopting family of the child's when will it be approved? circumstances, history, special • Has there been full disclosure needs and potential disabilities? regarding the child's history, and • Have all available subsidies been current or potential disabilities? identified and discussed with the • If adoption with contact has been adopting family? agreed upon, what contact is • Is the adopting family aware of occurring between the child and any adoption with contact agree- parents, siblings, other family ment and are they accepting of the members or tribal and clan agreement? • What is the visitation and place- • When was the child placed in the ment plan and its time frame? home and what was the pre-place- If visits have begun, how are ment process? the child and the adopting family • How is the child adjusting to the adjusting? new home? • If the home is out of state, have all • If the home is out of state, have the ICPC and ICAMA regulations all the ICPC and ICAMA regula- been followed? 13° Are there any tions been followed? 131 Are there known or anticipated issues rela- any known or anticipated issues tive to these compacts that may relative to these compacts that may cause delays and if so, what is cause delays and if so, what is being done to resolve or avoid the being done to resolve or avoid the delays? delays? • What remains to be done, if any- • Has there been full disclosure thing, to process and approve regarding the child's background the home and what are the time history and current or potential frames for this to be completed? disabilities? • If the family's ethnicity is different • If the family's ethnicity is different from the child's, what efforts will from the child's, what efforts will be made to support relationships be made to support relationships between the child and others between the child and others of the same ethnicity? Does of the same ethnicity? Does 0 the adopting family understand the adopting family understand the special aspects of the child's the special aspects of the child's ethnicity? ethnicity? • If the home is in another locality • If the home is in another commu- from where the child currently nity from where the child previ- lives, what are the plans to meet ously lived, what are the plans to the child's educational and special meet the child's educational and needs for services? How will special needs for services? How educational and service transitions have or will the educational and occur? service transitions occur? • After placement in the adoptive • If adoption with contact has been home, what contact will the child agreed upon, what contact is have with the prior caretaker and occurring between the child and others with whom the child has parents, siblings or other family had positive relationships? members and is this contact working well for the child and all IF THE CHILD HAS BEEN involved individuals? PLACED IN AN ADOPTIVE HOME • What contact will the child have SINCE THE LAST HEARING: with the prior caretaker and others • A detailed description of the family with whom the child has had posi- and the neighborhood in which five relationships? 0 the family lives. Is there another • What is the time frame for adop- person who spends significant tion finalization? What specific time in the home and if so, has steps must occur and what is the this individual been interviewed time frame for each of the steps? for appropriateness? • When will the adoption assistance • If the child is an Indian child, does agreement be negotiated? What the home meet the placement pref- plans are there to identify all erences established in ICWA, and, appropriate subsidies and when if not, why not? will paperwork be completed with • What efforts has the agency made regard to these subsidies? Will to identify a placement under services follow the family if they ICWA? move out of state? Is the adopting O O O

family aware of the details of all IF THE AGENCY IS RECRUITING O appropriate subsidy issues? AN ADOPTIVE HOME: • Has the adopting family been • What efforts have been made since made aware of ways to access the termination of parental rights needed services after the adoption hearing or last review hearing is finalized? Has the adopting to identify potential adoptive family been given contacts for sup- homes both locally and in other port groups or other adopting fam- jurisdictions? ilies who can serve as mentors and • If the child is an Indian child, what supports? efforts are being made to identify potential adoptive homes within IF THE CHILD HAS BEEN IN THE the child's tribal community? ADOPTIVE HOME SINCE THE • What is the status of investigations LAST HEARING: of adults with whom the child has • What progress has been made or has had a positive relationship since the last hearing toward final- with regard to their potential to ization? When will finalization become adopting families? occur? What specific steps must • On what adoption exchanges and occur and what are the time internet sites is the child listed? 132 frames for each step? • How many potential families have • Have any new problems or issues expressed interest in the child and occurred since the last hearing? what is the status of investigating What is the plan to address the each family? problems or issues? • What efforts are being made • If full disclosure regarding the by the agency to comply with child's background history and ICWA placement preferences, if current or potential disabilities had applicable? not yet occurred at the last hearing, has it now occurred? IF ANOTHER PLAN IS THE • If adoption with contact has been PERMANENT PLAN: 0 agreed upon, what contact is • What progress has been made occurring between the child and since the permanency hearing and parents, siblings or other family is the existing permanent plan still members and is this contact work- in the child's best interests? ing well for the child and all • Do the compelling reasons not to involved individuals? proceed with reunification, TPR, • Has the adoption assistance agree- permanent guardianship or per- ment been negotiated? If not, why manent custody that existed at the not? Have all appropriate subsidies permanency hearing still apply? been identified and has all paper- • If they do not, what is the new work been completed with regard permanent plan and how is it in to these subsidies? Will services the child's best interests? What follow the family if they move out are the steps and time frames that of state? Is the adopting family have occurred, or still need to aware of the details of all appropri- occur to fully implement this new O ate subsidy issues? plan? • Has the adopting family been • What frequency and duration of made aware of ways to access contact is occurring between the needed services after the adoption child and parents, siblings, other is finalized? Has the adopting family members, tribal or clan family been given contacts for sup- members or other significant port groups or other adopting fam- adults? Is this contact working ilies who can serve as mentors and well for the child and all involved supports? individuals? • What is the plan to prepare the if the agency is doing everything child for independent living? possible, as quickly as possible, to • If a change of placement is list the child on all appropriate planned: exchanges, internet sites, and with - Why is this change necessary all appropriate private agencies, and in the best interests of the and to promptly screen and com- child? plete home studies on prospective

- What is the plan for pre-place- adopting parents. ment visits? Have they begun • If the child is an Indian child, a and how is the child respond- finding as to whether the agency ing? What is the detailed plan has complied with the placement for the child's placement in this preferences within ICWA, and if home and follow-up supervi- not, the efforts made to comply. sion after placement? • If there are any changes or adjust- - If a change of school or service ments to the plan, a description, providers will occur, what will implementation time lines and be done to ease the transition? the reasons these adjustments or changes are in the best interests of E. Findings and Conclusions the child. Findings of fact and conclusions of • If visitation issues, including law should be stated in language under- agreements for adoption with con- standable by the parties and should tact apply, are the terms and create a definitive and legally sufficient schedules of visitation being com- record of what has occurred for refer- plied with and are they effective. ence in later hearings. The court's find- • A statement addressing special ings and conclusions should be set out needs of the child, what services in writing and made available to all par- are being provided to address ties at the conclusion of the hearing. the needs and how the child is They should include: progressing. 0 • Any specific orders to be imple- Who is present at the hearing and mented. whether absent parties were pro- • Unless the permanent plan is final- vided with appropriate notice. If ized at the hearing, the date and the child is an Indian child, the time for the next review or the court should verify whether the finalization hearing. child's tribe received notice and was offered an opportunity to par- Endnotes ticipate. It should be verified that 117. A Place to Call Home: Adoption and Guardian- reports provided to the court were slu'p for Children in Foster Care, by Steve Christian and Lisa Ekman, National Conference of State Legislatures, made available to all parties prior March 2000. to the hearing. 118. See Chapter I, Section C for a description of com- A finding as to whether the agency pelling reasons and recommended time frames for has made reasonable efforts to reviews. finalize a permanent home, with 119. See Appendix F, FIP,ff/" MONDAY TPR REVIEWS 0 FOR CH1LDRF.NIN NEED OF ADOPTIVE HOMF.S, detail to support the finding. If the Judge Sharon P. McCully, Third District Juvenile Court, child is in an adoptive home, the Salt Lake City, Utah. finding should state whether the 120. Judges should make these questions available to agency is doing everything pos- the child welfare agency and guardian programs so sible, as quickly as possible, to that they can be incorporated into training programs that prepare workers for court presentation. approve the home, complete all 121. The RESOURCE GU/D~ first set out a list- aspects of the adoption assistance ing of who should be present at various hearings in a agreement including subsidies and child abuse and neglect case. This listing now includes services, and move toward finaliza- foster parents, as clarified under the Adoption and Safe Families Act. There is also now a greater emphasis on tion. If an adoptive home must be including children in all or part of a hearing. recruited, the finding should state 0 0 0 0

122. If exclusion of the child is being considered, 0 determine whether the child's presence for part of the hearing is appropriate. 123. If a parent is not conversant in English, a transla- 0 tor qualified in the language and dialect of the parent should be present. 124. If a separate adoption worker has been assigned to the case, that worker should be present along with the ongoing caseworker. 0 125. This can include relatives, service providers, therapists, educators, probation and parole officers, and any others who can provide relevant information to the court. 126. If case managers, clerks or other court staff are 0 needed to assist in the courtroom with scheduling hearings, compiling files, and retrieving electronic information, they should also be present. 127. Judges should make these questions available to child welfare agencies, GALs and CASAs so that they 0 can incorporate them into training programs for their staff on how to properly prepare for court hearings. 128. Whenever the plan is permanent guardianship or permanent custody, it is critical that the court ensures that this legal relationship includes all of the components described in Chapter I, Section C. Permanency Characteristics. 0 129. If this is a possibility, the judge should be prepared to follow the steps described in Chapter VII. 0 130. See Chapter I, Section A, Chapter V, Section C and Appendix C. 131. Ibid. 132. See Appendix G for a list of adoption exchanges.

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0 HEARINGS TO FORMALIZE 0 CASE CLOSURE AND FINALIZE ADOPTIONS TABLE OF CONTENTS

0 A. Purpose ...... 62 0 B. Ttmin9 of the Hearing ...... 62

C. Preparation for the Hearin9 ...... 62 • The Child Welfare Agency and GAL or CASA.. 62 • The Court ...... 62

D. Conductin9 the Hearin9 ...... 63 • Who Should Be Present ...... 64 0 E. Questions That Must Be Answered ...... 64

0 F. Findings and Conclusions ...... 64

Endnotes ...... 65

0 0 0 0 O 0 A. Purpose When adoption is the plan, it is pos- The hearings described in this final sible that the termination of parental 0 chapter represent the conclusion of the rights process, completing the appeals 0 court's involvement in a hearing pro- process, if applicable, and meeting the cess for an abused or neglected child statutory time frame for finalization that has lasted from many months to could add an additional year or more 0 several years. The court has monitored from the time of the permanency hear- the child's placement in a safe, tem- ing. Ideally, when a foster parent or a porary home and ensured that appro- relative with whom the child was living 0 priate services have been delivered to prior to termination of parental rights is 0 meet both the child's and the family's adopting the child, state statutes would needs. For children who could be reuni- allow adoption finalization within six 0 fled, the reunification hearing has been months of the TPR decision. When 0 held and has celebrated the families' an adopting family must be recruited, success in providing a safe home for unless exceptional circumstances exist, 0 their child. For children who could not finalization should occur no later than 0 be reunified with their family, a new 12 months after the child is placed with 0 permanent home has been found and the adopting family. everything possible has been done to Judges must ensure that the final 0 ensure that this new permanent home hearing to formalize case closure occurs 0 will be able to meet the child's needs at the earliest possible time that the through adulthood. child's best interests and state statutes 0 The court is now ready to finalize an permit. adoption or grant permanent guardian- 0 ship or permanent custody to the child's C. Preparing for the Hearing new family. 13a This hearing concludes 0 the temporary nature of the prior rela- The Child Welfare Agency and 0 tionship between the child, the foster GAL or CASA family, the relative, the guardian or the The child welfare agency must comply adopting family. with any publication or other notice 0 requirements of state law. At least two The new parent(s) are assuming weeks in advance of the final hearing, the permanent role of parental the caseworker and guardian ad litem care, custody, and control of the or CASA should prepare a report and 0 child. They are making a com- distribute the report to the court and all parties. This report should confirm 0 mitment to the child protection that all issues necessary to conclude the system, the court, and the child case are completed, and should, in the that they will provide for the case of adoption finalization, include a child's safety, health, education, copy of the signed adoption assistance and well being. agreement.

This hearing legally executes closure The Court and concludes the decision-making and During the review process, the court monitoring roles of the court. should be able to predict with a significant degree of accuracy when the 0 B. Timing of the Hearing next hearing will be the final proceed- 0 ASFA requires the permanency deci- ing for this case. At the last review hear- sion to be made within 12 months of a ing before the final hearing to formal- child's entry into foster care. If reuni- ize case closure, the judge must ensure fication or permanent guardianship or that all of the necessary preparation custody was the plan, the final hearing will be complete before the final hear- described in this chapter should occur ing. Each of these preparatory issues is either at the permanency hearing or fully covered in Chapter VI but can be within 90 days from that hearing. summarized here as: 6

• Full disclosure of all known information regarding the child's All of the professionals involved, history and needs; as well as the child and the new • A plan for all needed services to permanent family should partici- continue after formal case closure; pate in the celebration. and • If the child is being adopted, a If adoption finalizations, permanent written adoption assistance agree- custody or permanent guardianships ment that covers subsidies, post- are generally handled by another court, finalization contact plans and avail- efforts should be made to have this able support systems. final hearing transferred to the juvenile court judge. However, if such a transfer State law should include a require- is not possible under state law, then the ment that any contestant to the adop- juvenile court should consider holding tion, permanent custody, or permanent a final hearing after the other court has guardianship file their appearance and completed adoption, custody or guard- grounds 30 days in advance of the final ianship proceedings. hearing. Ia4 If review hearings have been If the adoption, guardianship or cus- thorough, such issues should not arise tody is contested (i.e., there are rival at the last minute but rather should prospective adoptive parents or guard- be identified and resolved during the ians, or the agency has denied consent review hearing process. When a con- to adoption or custody but the prospec- testant files such grounds, the court tive parents have filed a petition for the should order a settlement conference adoption or custody to be approved by in advance of the final hearing to work the court) the hearing should be bifur- toward agreement of contested issues. cated to address contested issues first. Prior to the hearing that formalizes At the conclusion of the evidence, if case closure by granting permanent it is found that the adoption, custody custody, permanent guardianship, or or guardianship should be granted, the finalizing an adoption the court should court should then proceed to finaliza- review: tion of the permanent plan. 0 The formalization of a new perma- • the entry from the last hearing; nent family relationship between a child • the caseworker and GAL or CASA and the adoptive parents or guardian is reports; of great importance in the lives of the • a report from the child's tribe, if child and the new family. Courtroom applicable; and ceremony can be an important part of • the adoption assistance the event. The ceremony of this occa- agreement, if applicable. sion should include a brief history of the case, milestones for the child since first The court should make a final review being removed from the home and the of the court file to confirm that all due judicial officer's hopes for the child's process issues have been covered in fu~u'e with the new, permanent family. full. Although this chapter focuses on D. Conducting the Hearing hearings to finalize adoptions, It is strongly preferred that the same permanent custodies and judicial officer who ordered the permanent guardianships, it is neglected or abused child into temporary agency care has the responsibility important to note that a similar and the privilege to hold this final hear- hearing with similar ceremony ing. This hearing culminates all of the should occur whenever a child court's prior efforts into a successful is successfully reunified with the ending. parent(s). 0 0 0 0

The hearing should include an expla- • If required by law, does the child nation of the rights and responsibilities consent to the adoption? 0 of this newly created parent-child rela- • If applicable, do the adopting tionship. All parties present at the hear- parent(s), the permanent ing should have an opportunity to make custodian(s) or the permanent 0 a statement and share their hopes. guardian(s) understand and agree 0 with ongoing contact that is pro- Who Should be Present: 0 posed with the child's biological • the judge who has monitored the family or other significant persons 0 case since the first hearing; in the child's life? • the child; a35 0 • If this is an adoption finalization, • the child's tribe, if applicable; has the adopting family signed 0 • the adoptive parent(s), permanent the adoption assistance agreement custodian or guardian and their and are there any questions children and relatives; regarding the agreement? 14° • parent(s) whose rights have not • If this is a permanent custody been relinquished or terminated; 136 or permanent guardianship, do • contestants of the action; ~37 all parties understand the residual • assigned social services worker rights of the parents? What are 0 and adoption worker, ff applicable; the arrangements for financial sup- • attorney, guardian ad 1item or 0 port from the biological parents to CASA for the child; the custodians or guardians? • attorneys for the parties; • Are all necessary services and sup- • other interested parties and port systems in place? witnesses; 0 • Does the new family know whom • court reporter or suitable record- to contact if they need assistance in 0 ing technology; and the future? • court security and other court • Have all legal requirements been staffJ 38 met? 0 The child should always be present for the non-contested portion of a hear- F. Findings and Conclusions ing to formalize case closure. Findings of fact and conclusions of 0 law should be stated in language under- 0 E. Questions That Must Be standable by the parties and should Answered 139 create a definitive and legally sufficient The following questions must be record of what has occurred for the 0 answered prior to the conclusion of the benefit of the child, the family and the 0 hearing: court. The court's findings and conclusions should be set out in writing • What is the child's current and made available to all parties at the adjustment in the home, school conclusion of the hearing. They should 0 and community? include: • Why is finalization of this permanency arrangement in the best • Who is present at the hearing and interests of the child? whether absent parties were pro- • Do the adopting parent(s), the vided with legal notice, including permanent custodian(s) or the the child's tribe if an Indian child. permanent guardian(s) understand It should be verified that reports the rights and responsibilities of provided to the court were made this newly created parent-child available to all parties prior to the relationship? hearing. • Has there been full disclosure • If any issues were contested, the regarding the child's background court's decision and reasons for history and current or potential the decision. 0 disabilities?

0 0

• A finding as to why the adoption, 139. Judges should make these questions available to the child welfare agency, GAL and CASA programs so permanent custody or permanent that they can be incorporated into training programs guardianship is in the best inter- that prepare workers for court presentation. ests of the child. 140. This agreement covers many issues including • A finding that full disclosure of subsidies, services and transferability if the family the child's history and current or moves out of the jurisdiction. See Chapter V, Section G for more information about adoption assistance potential problems has been made. agreements. • A finding that reasonable efforts were made to finalize a permanent home. • A statement and description of the new legal relationship and its terms and conditions, including any post-finalization contact agreements. • If required by state law, a finding that the child consents to the adoption, custody, or guardianship. • If this is an adoption finalization, 0 a finding that all rights of birth parents have been relinquished or terminated and that any necessary consents to the adoption have been obtained. • If this is an adoption finalization, incorporation of the adoption assistance agreement by reference. • ff custody or guardianship is granted, clear definition of visitation and support orders relating to the biological parent(s). • A clear statement that the court's involvement in this case is now concluded.

Endnotes 133. Whenever the plan is permanent guardianship or permanent custody, it is critical that the court ensure that this legal relationship includes the components described in Chapter I, Section C, Permanency Characteristics. 134. Time lines for challenges in ICWA cases are gov- erned by the ICWA. 135. If the finalization is contested, it may be appropriate to exclude the child for the contested portion of the hearing. 136. Under certain circumstances, it might be appropriate for parent(s) involved in extensive adoption with contact agreements to attend ff the adopting family requests. 137. Contestants to the action should be present during that portion of the bifurcated hearing dealing with whether the adoption, permanent guardianship 0 or permanent custody should be granted. 138. If case managers, clerks, or other court staff are necessary to assist with scheduling hearings, compiling files, and retrieving electronic information, they should also be present. 0 0 0 0 0 0 0 0

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PERMANENCY IF REUNIFICATION IS HEARING RECOMMENDED: (Chapter II) • How have the conditions or circumstances leading to the removal WHO SHOULD BE of the child been corrected? PRESENT: • Why is this plan in the best interests of the child? • the judge who has monitored the • How often is visitation occurring case from the first hearing; and what is the impact on the • the child, unless inappropriate for child? a specific reason; • What is the date and detailed plan • parent(s) whose rights have not for the child's safe return home been relinquished or terminated; and follow-up supervision after • the Indian custodian, the child's family reunification? tribe and attorney, ff applicable; • What are the plans to continue any • attorney(s) for the parent(s); necessary services to the child? • assigned child welfare • What are the plans to continue any 0 caseworker(s); necessary services to the family? • prosecuting or agency attorney; • If a change of school will occur, • attorney for the child, if applicable; what will be done to prepare for • guardian ad litem for the child, the transition? whether attorney, social worker or other paid non-attorney or CASA; IF TERMINATION OF PARENTAL • foster parent(s), legal risk foster RIGHTS AND ADOPTION ARE parent(s) or adoptive parent(s); RECOMMENDED: • relatives, other interested persons and witnesses; • What are the facts and circum- 0 • court reporter or suitable record- stances supporting the grounds for ing technology; and termination? • court security and other court staff. • What reasonable efforts were made to reunify? QUESTIONS THAT MUST • Why is this plan in the best inter- BE ANSWERED: ests of the child? • Has the petition been filed and ff IN ALL CASES, WHAT ARE THE not, what is the date it will be filed? CHILD'S SPECIAL NEEDS? • Are there relatives who will adopt the child if TPR is granted? If so, • Updates on health and educational is the child living with the relative? information. If not, why not? If there are no • A description of the child's current relatives willing and able to adopt, placement and behavior. why not? • A description of the services pro- • If relative adoption is not the plan, vided to the child, the progress the is adoption by the foster parents 0 child has made and issues that still the plan? If not, why not? need to be addressed, including • If an adoptive home must be cultural needs. recruited, what efforts are being • If a member of a sibling group, made to identify potential adoptive information on the status of the homes both locally and in other relationship and contact between jurisdictions? Are there adults siblings. with whom the child has a positive relationship and are they potential adopting families? • Will adoption with contact be recommended and why or why not? O

• What counseling will occur to IF ANOTHER PLAN IS BEING assist the child to deal with this RECOMMENDED: O change of plan? • ff the child is an Indian child, have • What are the compelling reasons ICWA requirements been met? not to proceed with reunification, TPR, permanent guardianship or IF PERMANENT GUARDIANSHIP permanent custody? What is the OR PERMANENT CUSTODY IS plan, and why is this plan in the RECOMMENDED: child's best interests? • What reasonable efforts were • Why is this option preferable to made to reunify the child with the TPR and adoption? Why is it in the parent(s)? best interests of the child? • How will this plan provide stability • What reasonable efforts were and permanency for the child? made to reunify? • What contact will occur between • What are the facts and child and parents, siblings and circumstances demonstrating the other family members? appropriateness of the individual • What are the plans to continue any or couple to serve as permanent necessary services to the child? 0 family to the child? Is there • If the child is a teenager, what is 0 another person who spends the plan to prepare the child for significant time in the home, and independent living? 0 if so, has that individual been • If the child is not already placed in interviewed for appropriateness? this home, why not and: • Has there been full disclosure to - How often is visitation occurring the family of the child's circum- and what is the impact on the 0 stances and special needs? child? • What is the plan to ensure that this - What is the detailed plan for the will be a permanent home for the child's placement in this home O child? and follow-up supervision after 0 • What contact will occur between placement? the child and parents, siblings and - If a change of school will occur, other family members? what will be done to ease the 0 • What financial support will be pro- transition? vided by the biological parents? • What are the plans to continue any FINDINGS AND necessary services to the child? CONCLUSIONS How will these services be funded after guardianship or custody has Persons present and whether been granted? absent parties were provided with • If the child is not already placed in appropriate notice; verification that this home, why not and: reports offered into evidence have - How often is visitation occurring been provided to all parties in and what is the impact on the advance of the hearing. child? A finding as to what reasonable - What is the date and detailed efforts the agency has made to plan for the child's placement in reunify the family and to finalize a this home and follow-up supervi- permanent plan. A well-designed, sion after placement? appropriate case plan and mean- - If a change of school will occur, ingful case reviews should prevent what will be done to prepare for unexpected findings of "no reason- the transition? able efforts" at this stage of a case. Should it be found that additional remedial steps are necessary, spe- 0 cific expectations should be set 0

out in a detailed order, with a short time frame (e.g., 30 days) for holding the follow-up perrna~ nency hearing. A copy of the order should be forwarded to the head of the social services agency. • A statement addressing special factors or conditions of the child that are identified as special needs, what services are to be provided to address these needs and who is responsible for providing the services. • The court's determination of the permanent plan for the child and why the plan is in the best interests of the child. The order should state the steps to be taken and time lines for accomplishing the permanent goal. If the plan is reunification, the date for reunification should be 0 stated. • If the plan is termination of parental rights and the petition has not yet been filed, the order should state expected time frame for filing a petition for TPR that must be within 30 days. If the petition has been filed, the court should schedule pre-trials, mediation and trial dates. • If the plan is termination of parental rights, and a parent wishes to relinquish parental rights at the permanency hearing, the court should be prepared to accept the relinquishment and include the relinquishment in the order. • For any plan, next hearing date and purpose unless all court and agency involvement is terminated (i.e., permanent guardianship, permanent custody or reunification without protective supervision). 0

0 0

0 TERMINATION • Why are relinquishment and adoption in the best interests of the OF PARENTAL child? • Is there a recommendation for RIGHTS adoption with contact? How is this HEARINGS recommendation, or lack thereof, (Chapter III) in the best interests of the child? For Indian children, the court must WHO SHOULD BE comply with the requirements of the PRESENT: ICWA which states that voluntary relinquishments must be: • the judge who has monitored the case from the first hearing; • Executed in writing. • the child; • Recorded before a judge and • parent(s); accompanied by the presiding • attorney(s) for the parent(s); judge's certificate that the terms • if an Indian child, the child's tribe, and consequences of the consent the attorney for the child's tribe, if were fully explained in detail and any, and the Indian custodian; were fully understood by the • assigned social services worker(s); parent or Indian custodian. • prosecuting or agency attorney; • Certified by the court that the • guardian ad h'tem for the child, parent or Indian custodian fully whether attorney, social worker or understood the explanation in other paid non-attorney, or CASA; English or that it was interpreted • attorney for the child, if applicable; into a language that the parent or • foster parent(s}, legal risk foster Indian custodian understood. parent(s) or adoptive parent(s); • Any consent given prior to or • relatives who are caretakers of the within 10 days after the birth of the child or who are involved in an child shall not be valid. 0 adoption with contact agreement, when applicable; WHEN THE CASE GOES TO • court reporter or suitable record- TRIAL: ing technology; and • court security and other court staff. • Were all parties properly identified and served? QUESTIONS THAT MUST • Has the evidence presented shown BE ANSWERED that statutory grounds for termina- TO DETERMINE WHETHER tion of parental rights exist? GROUNDS EXIST FOR • Were reasonable efforts made to TERMINATION OF reunify? PARENTAL RIGHTS AND • Is termination of parental rights in WHETHER TERMINATION the best interests of the child? AND ADOPTION ARE IN THE BEST INTERESTS OF THE CHILD:

WHEN MEDIATION RESULTS IN VOLUNTARY RELINQUISHMENT OF PARENTAL RIGHTS:

• Was the parental consent to relinquishment voluntary and informed? • Have both biological parents con- 0 sented to relinquishment? 0 O 0 QUESTIONS THAT MUST aware of the details of all appropri- BE ANSWERED TO ate subsidy issues? DETERMINE WHETHER REASONABLE EFFORTS IF AN ADOPTIVE HOME HAS ABE BEING MADE BEEN RECRUITED: TOWARD ADOPTION AND TO FINALIZE THE • A detailed description of the PERMANENT PLAN family. Is there another person who spends significant time in IN ALL CASES, WHAT ARE THE the home, and if so, has that CHILD'S SPECIAL NEEDS? individual been interviewed for appropriateness? • Current health and educational • If the child is an Indian child, does information. the home meet the placement pref- • A description of the child's current erences list in ICWA, and if not, placement. why not? What efforts has the • A description of the services pro- agency made to identify a place- vided to the child, the progress the ment under ICWA? child has made and the issues still • Has there been full disclosure to to be addressed, including cultural the adopting family of the child's needs. circumstances and special needs? • Has the child received counseling • What remains to be done, if any- with regard to termination of thing, to process and approve the parental rights and how is the home? child adjusting to the plan of • What is the visitation and place- 0 adoption? ment plan and time frame? If visits have begun, how are the child and IF THE PLAN IS RELATIVE OR the adopting family adjusting? FOSTER HOME ADOPTION: • If the family's ethnicity is different from the child's, what efforts will 0 • What, if anything, remains to be be made to ensure relationships done before the home is approved between the child and others as the adoptive home? Can the of the same ethnicity? Does adoption home study be waived the adopting family understand and replaced with the kinship care the special aspects of the child's or foster home study? ethnicity? • Is there another person who • If the home is in another locality spends significant time in the from where the child currently home, and if so, has that individual lives, what are the plans to meet been interviewed for the child's educational and special appropriateness? needs for services? How will the • Has there been full disclosure educational and service transition to the relative or foster parent occur? regarding the child's history and • Have all appropriate subsidies any current or potential been identified and has all paper- disabilities? work been completed with regard • What is the time frame for to these subsidies? Will services finalization? follow the family if they move out • Have all appropriate subsidies of state? Is the adopting family been identified and has all paper- aware of the details of all appropri- work been completed with regard ate subsidy issues? to these subsidies? Will services • After placement in the adoptive follow the family if they move out home, what contact will the child of state? Is the adopting family have with the prior caretaker and others who have had positive relationships? Is the adopting is granted. If so, under what statu- family agreeable to any contact tory grounds and the specific rea- plan that may have been sons why the statute applies in this recommended with the biological case. For Indian children, findings parent(s)? must include the special requirements of ICWA. IF AN ADOPTIVE HOME MUST Why termination of parental rights BE RECRUITED: and adoption is in the best interests of the child. • What efforts are being made to identify potential adoptive IN A SEPARATE ENTRY: homes both locally and in other jurisdictions? On what adoption • What is being done to ensure that exchanges and internet sites is the reasonable efforts are being made child listed? What other efforts to find an adoptive home, with spe- such as newspapers, television cific steps and time frames that are spots and match parties are being to occur. made? • A description of any special factors • What is the status of investigating or conditions of the child that adults with whom the child has are identified as special needs, or has had a positive relationship what services are to be provided with regards to their potential to to address these needs and who become adopting families? is responsible for providing each • How many potential families have service. expressed interest in the child and • The date and time of the next what is the status of the investiga- review set for within 90 days. tion of each family? FINDINGS AND CONCLUSIONS

• Persons present and how absent parties were provided with appropriate notice, paying particular attention to any biological parent, tribal representative or Indian custodian not present. • If there was a voluntary relinquish- 0 ment of parental rights, efforts made by the court to ensure the 0 relinquishment was voluntary and informed. For Indian children, this must include the special requirements of ICWA. • How reasonable efforts were made to reunify the family. If no efforts were reasonable, a statement that based on family circumstances and child health and safety all reasonable efforts were made. For Indian children, reasonable efforts findings must include the special requirements of ICWA. • If the case went to trial, whether or not termination of parental rights 0

0 • Updates on what is being offered REVIEW to address the child's cultural HEARINGS THAT needs, if applicable. • A description of the child's current FOLLOW placement adjustment; and • A description of the services being PERMANENCY provided to the child, the progress HEARINGS OR the child has made and issues that TERMINATION still need to be addressed. OF PARENTAL IF REUNIFICATION IS THE RIGHTS PERMANENT PLAN: HEARINGS • What progress has been made on each of the issues that prevented (Chapter VI) implementation of this plan at the permanency hearing? WHO SHOULD BE • How often is visitation occurring PRESENT: and what is the impact on the child and family? • the judge who has monitored the • What is the date and detailed plan 0 case from the first hearing; for the child's safe return home • the child, unless inappropriate for and follow-up supervision after a specific reason; family reunification? • parent(s) whose rights have not • What are the plans to continue any been relinquished or terminated; necessary services to the child? • attorney(s) for the parent(s); • What are the plans to continue any • assigned social services worker(s); necessary services to the family? • prosecuting or agency attorney; • If a change of school will occur, 0 • for Indian children, a represen- what will be done to prepare for tative from the child's tribe and the transition? tribal attorney, if any; • If the family has not made ade- • guardian ad litem for the child, quate progress to enable a safe whether attorney, social worker or return home, what alternate per- other paid non-attorney, or volun- manent plan is recommended and teer or CASA~ what are the steps and time frames • attorney for the child, if applicable; for its implementation? • foster parent(s), legal risk foster parent(s) and/or adoptive IF PERMANENT GUARDIANSHIP parent(s); OR PERMANENT CUSTODY IS • relatives, other interested persons THE PERMANENT PLAN: and witnesses; • court reporter or suitable record- What progress has been made on ing technology; and each of the issues that prevented • court security and other court staff. implementation of this plan at the permanency hearing? QUESTIONS THAT MUST What contact is occurring between BE ANSWERED: the child and parents, siblings, other family members and tribal IN ALL CASES, WHAT ARE THE and clan members, if applicable, CHILD'S SPECIAL NEEDS? and is this contact working well for the child and all involved • Updates on health and educational individuals? information. O

0 • Has there been full disclosure to these subsidies? Will services regarding the child's background follow the family if they move out history and current or potential of state? Is the adopting family disabilities? aware of the details of all appropri- • What are the plans to continue any ate subsidy issues? necessary services to the child? Has the relative or foster parent 0 How will these services be funded been made aware of ways to after guardianship or custody has access needed services after the been granted? adoption is finalized? Has the rel- • What is the plan for financial sup- ative or foster parent been given 0 port from the biological parents? contacts for support groups or • Is there any reason that permanent other adopting families who can 0 guardianship or permanent cus- serve as mentors and supports? 0 tody should not be granted today? • If sufficient progress has not IF AN ADOPTIVE HOME HAS been made to enable the granting BEEN RECRUITED SINCE THE of permanent guardianship or LAST HEARING BUT THE CHILD permanent custody at this hearing, HAS NOT YET BEEN PLACED IN what alternate permanent plan is THE HOME: 0 recommended and what are the 0 steps and time frames for its • A detailed description of the family implementation? and the neighborhood in which 0 the family lives. Is there another IF RELATIVE OR FOSTER HOME person who spends significant ADOPTION IS THE PERMANENT time in the home, and if so, has PLAN: this individual been interviewed for appropriateness? • What progress in approving the • If the child is an Indian child, does relative or foster home as the the home meet the placement pref- adoptive home has been made erences listed in ICWA and ff not, 0 since the termination of parental why not? What efforts has the rights hearing? If it is not yet agency made to identify a place- approved, why not, what remains ment under ICWA? to be done, and when will it be • Has there been full disclosure to approved? the adopting family of the child's • Has there been full disclosure circumstances, history, special regarding the child's history, and needs and potential disabilities? current or potential disabilities? • Have all available subsidies been • If adoption with contact has been identified and discussed with the agreed upon, what contact is adopting family? occurring between the child and • Is the adopting family aware of parents, siblings, other family any adoption with contact agree- members, or tribal and clan mem- ment and are they accepting of the 0 bers, if relevant, and is this contact agreement? 0 working well for the child and all • What is the visitation and place- involved individuals? ment plan and its time frame? • How soon can the adoption be If visits have begun, how are finalized? What specific steps the child and the adopting family 0 must occur and what is the time adjusting? frame for each of the steps? • If the home is out of state, have 0 • Has the adoption assistance agree- all the ICPC and ICAMA regula- 0 ment been negotiated? If not, why tions been followed? Are there any not? Have all appropriate subsidies known or anticipated issues rela- been identified and has all paper- tive to these compacts that may work been completed with regard cause delays and ff so, what is 0 being done to resolve or avoid the compacts that may cause delays delays? and if so, what is being done to • What remains to be done, if any- resolve or avoid the delays? thing, to process and approve • Has there been full disclosure the home and what are the time regarding the child's background frames for this to be completed? history and current or potential • If the family's ethnicity is different disabilities? from the child's, what efforts will • If the family's ethnicity is different be made to support relationships from the child's, what efforts will between the child and others be made to support relationships of the same ethnicity? Does between the child and others the adopting family understand of the same ethnicity? Does the special aspects of the child's the adopting family understand ethnicity? the special aspects of the child's • If the home is in another locality ethnicity? from where the child currently • If the home is in another commu- lives, what are the plans to meet nity from where the child previ- the child's educational and special ously lived, what are the plans to needs for services? How will meet the child's educational and educational and service transitions special needs for services? How occur? have or will the educational and • After placement in the adoptive service transitions occur? home, what contact will the child • If adoption with contact has been have with the prior caretaker and agreed upon, what contact is others with whom the child has occurring between the child and had positive relationships? parents, siblings or other family members and is this contact work- IF THE CHILD HAS BEEN ing well for the child and all PLACED IN AN ADOPTIVE involved individuals? 0 HOME SINCE THE LAST • What contact will the child have HEARING: with the prior caretaker and others with whom the child has had posi- • A detailed description of the family tive relationships? and the neighborhood in which • What is the time frame for adop- the family lives. Is there another tion finalization? What specific person who spends significant steps must occur and what is the time in the home, and if so, has time frame for each of the steps? this individual been interviewed • When will the adoption assistance for appropriateness? agreement be negotiated? What • If the child is an Indian child, does plans are there to identify all the home meet the placement pref- appropriate subsidies and when erences listed in ICWA and if not, will paperwork be completed with why not? regard to these subsidies? Will • What efforts has the agency made services follow the family if they to identify a placement under move out of state? Is the adopting ICWA? family aware of the details of all • When was the child placed in the appropriate subsidy issues? home and what was the pre-place- • Has the adopting family been merit process? made aware of ways to access • How is the child adjusting to the needed services after the adoption new home? is finalized? Has the adopting • If the home is out of state, have all family been given contacts for sup- ICPC and ICAMA regulations been port groups or other adopting fam- followed? Are there any known or ilies who can serve as mentors and anticipated issues relative to these supports? 0

0 O 0 IF THE CHILD HAS BEEN IN THE • If the child is an Indian child, what ADOPTIVE HOME SINCE THE efforts are being made to identify 0 LAST HEARING: potential adoptive homes in the child's tribal community? • What progress has been made • What is the status of investigating since the last hearing toward final- adults with whom the child has 0 ization? When will finalization or has had a positive relationship 0 occur? What specific steps must with regard to their potential to occur and what are the time become adopting families? frames for each step? • On what adoption exchanges and • Have any new problems or issues Internet sites is the child listed? occurred since the last hearing? • How many potential families have 0 What is the plan to address the expressed interest in the child and problems or issues? what is the status of investigating • ff full disclosure regarding the each family? child's background history and • What efforts are being made 0 current or potential disabilities had by the agency to comply with 0 not yet occurred at the last hear- ICWA placement preferences, if ing, has it now occurred? applicable? • If adoption with contact has been 0 agreed upon, what contact is IF ANOTHER PLAN IS THE occurring between the child and PERMANENT PLAN: 0 parents, siblings or other family members and is this contact work- • What progress has been made ing well for the child and all since the permanency hearing and involved individuals? is the existing permanent plan still • Has the adoption assistance agree- in the child's best interests? ment been negotiated? If not, why • Do the compelling reasons not to not? Have all appropriate subsidies proceed with reunification, TPR, 0 been identified and has all paper- permanent guardianship or per- 0 work been completed with regard manent custody that existed at the to these subsidies? Will services permanency hearing still apply? follow the family if they move out • If they do not, what is the new 0 of state? Is the adopting family permanent plan and how is it in 0 aware of the details of all appropri- the child's best interests? What ate subsidy issues? are the steps and time frames that • Has the adopting family been have occurred, or still need to 0 made aware of ways to access occur to fully implement this new needed services after the adoption plan? is finalized? Has the adopting • What is the frequency and dura- family been given contacts for sup- tion of contact that is occurring port groups or other adopting fam- between the child and parents, sib- ilies who can serve as mentors and lings, other family members, tribal supports? or clan members or other sig- 0 nificant adults? Is this contact IF THE AGENCY IS RECRUITING working well for the child and all AN ADOPTIVE HOME: involved individuals? • What is the plan to prepare the • What efforts have been made since child for independent living? the termination of parental rights • If a change of placement is hearing or last review hearing planned: to identify potential adoptive - Why is this change necessary homes both locally and in other and in the best interests of the jurisdictions? child? - What is the plan for pre- description with time lines for placement visits? Have they implementation and the reasons beflun and how is the child that these adjustments or changes responding? What is the are in the best interests of the detailed plan for the child's child. placement in this home and • If visitation issues, including follow-up supervision after agreements for adoption with con- placement? tact apply, are the terms and - If a change of school or service schedules of visitation being com- providers will occur, what will be plied with and are they effective. done to ease the transition? • A statement addressing special factors or conditions of the child FINDINGS AND that are identified as special needs, CONCLUSIONS: what services are being provided to address the needs and how the • Who is present at the hearing and child is progressing. whether absent parties were pro- • Any specific orders that are to be vided with appropriate notice. If implemented. the child is an Indian child, the • Unless the permanent plan is final- court should verify whether the ized at the hearing, the date and child's tribe received notice and time for the next review or the was offered an opportunity to par- finalization hearing. ticipate. It should be verified that reports provided to the court were made available to all parties prior to the hearing. • A finding as to whether the agency has made reasonable efforts to finalize a permanent home with 0 detail to support the finding. If the child is in an adoptive home, the finding should indicate whether the agency is doing everything possible, as quickly as possible, to approve the home, complete all aspects of the adoption assistance agreement including subsidies and services, and move toward finalization. If an adoptive home must be recruited, the finding should indicate whether the agency is doing everything possible, as quickly as possible, to list the child on all appropriate exchanges, internet sites, and with all appropriate private agencies, and to promptly screen and complete home studies on prospective adopting parents. • If the child is an Indian child, a finding as to whether the agency has complied with the placement preferences within ICWA, and ff not, the efforts made to comply. • If there are any changes or adjustments to the permanent plan, a 0

0 0 HEARINGS TO • If applicable, do the adopting parent(s), the permanent FORMALIZE custodian(s) or the permanent CASE CLOSURE guardian(s) understand and agree with any ongoing contact that is 0 AND FINALIZE proposed with the child's biologi- ADOPTIONS cal family or other significant persons in the child's life? 0 (Chapter VII) • If this is an adoption finalization, has the adopting family signed WHO SHOULD BE the adoption agreement and are PRESENT: there any questions regarding the agreement? • the judge who has monitored the • If this is a permanent custody case since the first hearing; or permanent guardianship, do • the child; all parties understand the residual • the child's tribe, if applicable; rights of the parents? What are • the adoptive parent(s), permanent the arrangements for financial sup- custodian or guardian and their port from the biological parents to children and relatives; the custodians or guardians? 0 • parent(s) whose rights have not • Are all necessary services and sup- been relinquished or terminated; port systems in place? • contestants of the action; • Does the new family know who to • assigned social services worker contact ff they need assistance in and adoption worker, if applicable; the future? • attorney, guardian ad litem, or • Have all legal requirements been CASA for the child; met? • attorneys for the parties; • other interested parties and FINDINGS AND 0 witnesses; CONCLUSIONS: • court reporter or suitable recording technology; and • Who is present at the hearing and • court security and other court staff. whether absent parties were provided with legal notice. It should QUESTIONS THAT MUST be verified that reports provided BE ANSWERED: to the court were made available to all parties prior to the hearing. • What is the child's current If the child is an Indian child, adjustment in the home, school whether the child's tribe was noti- and community? fied of the hearing and the oppor- • Why is finalization of this per- tunity to participate and if not, why manency arrangement in the best not? interest of the child? • If any issues were contested, the 0 • Do the adopting parent(s), the court's decision(s) and reasons for permanent custodian(s) or the the decision(s). permanent guardian(s) understand • A finding as to why the adoption, the rights and responsibilities of permanent custody, or permanent this newly created parent-child guardianship is in the best interest relationship? of the child. • Has there been full disclosure • A finding that full disclosure of regarding the child's background the child's history and current or history and current or potential potential problems has been made. disabilities? • A finding that reasonable efforts • If required by law, does the child were made to finalize a permanent 0 consent to the adoption? home. 0 0 0 0 0 * A statement and description of the new legal relationship and its terms and conditions, including any post-finalization contact agreements. * If required by state law, a finding 0 that the child consents to the adoption, custody, or guardianship. • If this is an adoption finalization, 0 a finding that all rights of birth parents have been relinquished or terminated and that any necessary consents to the adoption have been obtained. • If this is an adoption finalization, incorporation of the adoption assistance agreement by reference. • If custody or guardianship is 0 granted, clear definition of visitation and support orders relating to the biological parent(s). 0 • A clear statement that the court's involvement in this case is now concluded. 0

0 0 0 0

GLOSSARY rights have been terminated. Under 0 the adoptive relationship, the child Excerpted, in part, from Glossary of Selected becomes the heir and is entitled to all Legal Terms for Juvenile Justice Personnel other privileges belonging to a natural 0 (1988), Integrated Glossary of Normal Child child of the adopting parent. Sexuality and Child Sexual Abuse Terms for Juvenile Justice Professionals (1987) and the Adoptive placement - Placement of a 0 RESOURCE GUIDELINES: Improvin 9 Court child with prospective adoptive parents 0 Practice in Neglect and Abuse Cases (1995), prior to finalization of the adoption. National Council ofJuvenile and Family Court Judges, Reno, Nevada; also includes excerpts ASFA - Adoption and Safe Families from the Dave Thomas Foundation for Adop- Act of 1997, P.L. 105-89 which amended 0 tion Glossary of Terms. Titles IV-B and IV-E of the Social Secu- rity Act to clarify certain provisions of 0 Adoption assistance agreement- P.L. 96-272 and to speed the process of 0 Agreements between child welfare finding permanent homes for children. 0 agencies and adopting parent(s) covering financial assistance, services, sup- Case flow management -Adminis- port systems, medical assistance and trative and judicial processes designed interjurisdictional transferability after to reduce delays in litigation; processes an adoptive placement pursuant to Title which assist the court in monitoring 0 IV-E, Federal Payments for Foster Care child welfare agencies to make sure and Adoption Assistance, of the Social dependency cases are moved diligently Security Act, 42 USC 671, 673(a)(1)(A); and decisively toward completion. 475(3) and state regulations. Child abuse -To hurt or injure a child Adoption disruption - Termination by maltreatment. As defined by stat- of an adoptive placement prior to the utes in the majority of states, generally finalization. Failure of an adoption after limited to maltreatment that causes or finalization is termed a "dissolution." threatens to cause lasting harm to a child. Adoption with contact (a.k.a. Open adoption) - An adoption in which the Child neglect - To fail to give proper adopting parent agrees to the sharing attention to a child; to deprive a child; of information or some form of post- to allow a lapse in care and supervision adoption contact between the child and that causes or threatens to cause last- his or her birth family. ing harm to a child.

Adoption exchange - A registry that Child-specific recruitment - Recruit- seeks to match waiting children with ment of adopting families that pro- prospective adoptive parents. motes specific children for adoption, as opposed to general appeals to adopt. Adoption hearing (a.k.a. Adoption finalization) - Judicial proceeding in Citizen Review Board - See Foster which a permanent parental relation- Care Review Board. ship is legally established between adult individual(s) who are not the biological Court Appointed Special Advocate parents and a child whose parental (CASA) - A specially screened and 0 rights have been terminated. The entry trained volunteer, appointed by the by a court of a final decree of adoption. court, who conducts an independent investigation of child abuse, neglect, Adoptive parent - An adult person, or other dependency matters, and not the biological parent, with whom a submits a formal report of advisory permanent legal relationship has been recommendations as to the best interests established to a child after parental of a child. In some jurisdictions, 0 0 0 0 0 volunteers without formal legal training, biological foster family, group care, res- such as CASAs, are appointed to idential care, or institutional care. 0 represent abused and neglected 0 children, serving in the capacity of a Foster Care Review Board (FCRB) 0 guardian ad litem. See guardian ad - A panel of screened and trained vol- litem. unteers preferably appointed by juve- 0 nile or family courts to regularly review Dependent child - A child subject to cases of children in substitute place- the jurisdiction of the court because of ment such as foster care, examine 0 child abuse, neglect or lack of proper efforts to identify a permanent place- 0 care through no fault of the parent. ment for each child, and give advisory recommendations to the court. 0 Direct calendaring - An administra- 0 tive scheduling system used by courts Foster family care - A form of foster 0 in which child abuse and neglect cases care involving placement of a child with involving a single family are assigned a relative or non-biological family that is 0 to a single judge or judicial officer at approved and supervised by the state. the time the case is first filed, and for the duration of government involve- Guardian ad litem - 1. In certain 0 ment with a specific family. The initially dependency matters, a person with assigned judge conducts all subsequent formal legal training appointed by a 0 hearings, conferences and trials. judge to represent the best interests of an allegedly abused or neglected 0 Extended family member - A term child; differs from the legal advocate 0 used in the Indian Child Welfare Act for the child who specifically represents (ICWA) that means a person who has the child's wishes before the court. 0 reached the age of 18 and who is See Legal advocate for the child. 2. the child's grandparent, aunt or uncle, A recruited, screened and trained vol- 0 brother or sister, brother-in-law or sis- unteer without formal legal training ter-in-law, niece or nephew, first or appointed by a judge to represent the 0 second cousin, or stepparent. best interests of an allegedly abused or 0 neglected child. See Court Appointed Family conferencing or Family deci- Special Advocate (CASA). 0 sion-making (a.k.a. Family group 0 conferencing or Family group deci- Guardianship - A legally established sion-making} - A method of bringing relationship between a child and adult family members together to come up who is appointed to protect the child's 0 with a recommendation to the court for best interests and to provide the child's a safe and permanent plan for a child. care, welfare, education, discipline, It differs from the traditional child wel- maintenance and support. Where fare case conferencing in that although guardianship is awarded to an indi- the caseworker participates in an infor- vidual or couple, it includes the right mation-sharing capacity, the family and to physical possession of the child. In 0 not the child welfare worker is "in many states, guardianship of this type 0 charge" of the meeting and responsible is awarded by the probate court. There- 0 to create the recommended plan. fore, appointing a guardian for a foster child may require the action of two 0 Foster care - Temporary 24-hour sub- courts: the court hearing the abuse 0 stitute care provided to a minor child or neglect (e.g., the juvenile or family away from the parent or guardian pur- court) and the probate court. suant to an allegation or finding of abuse, neglect or dependency, and for whom the state child protection agency 0 has placement and care responsibility; can include care by a relative, a non-

0 0 0

Home study - An assessment usually foregoing text, the term also conducted by a child welfare or encompasses persons serving in an adoption agency of the suitability of a appointive capacity whose decisions are prospective adopting family prior to an subject to review by a judge, including 0 adoptive placement. associate judges, magistrates, referees, special masters, hearing officers, and 0 ICAMA - Interstate Compact on Adop- commissioners. tion and Medical Assistance. Estab- 0 lished in :1986 to ensure delivery of Kinship care - Care of a child by medical and other services to children a relative; can include a relative who and their adopting families on an inter- is licensed as a foster parent and state basis. can lead to the relative becoming the adopting parent when parental rights 0 ICPC - Interstate Compact on the are terminated. Placement of Children. Designed to provide the legal framework for place- Legal advocate for the child - In ments, including adoptive placements, certain dependency matters, a person in which more than one state is with formal legal training appointed involved. by a juvenile or family court to specifically represent the wishes of an alleg- ICWA - Indian Child Welfare Act, edly abused or neglected child under 0 passed in :1978, which addresses the the court's jurisdiction; differs from a removal of Indian children from their guardian ad litem appointed to repre- home and their placement with non- sent the best interests of a child before Indian families. the court. See Guardian ad htem.

Interjurisdictional adoption - An Long-term foster care - Extended adoption by a family living in one state care away from the biological parents or county of a child who is under the provided to a minor child placed pursu- jurisdiction of a court of another state ant to a neglect or dependency hearing; or county. can include care by a relative, a non- biological foster family, group care, res- Judicial officer - Person who serves idential care, or institutional care. in an appointive capacity at the plea- sure of an appointing judge, and whose Master calendaring - An administra- decisions are subject to review by that tive scheduling system used by courts judge; referred to in some jurisdictions in which child abuse and neglect cases as an associate judge, magistrate, ref- may be reassigned to different judges eree, special master, hearing officer or at different stages of the case. This cal- commissioner. endaring system is not recommended.

Judicially supervised settlement Mediation - Process by which a neu- conference - A judicially mandated tral mediator assists all parties in volun- meeting at which the judge is present, tarily reaching a consensual agreement involving all attorneys and parties to about issues at hand; a process of facil- a proceeding. The meeting typically itated communication between parties occurs at a fixed time and place at designed to resolve issues and agree 0 least :10 days before a trial, and pro- upon a plan of action. When mediation vides identification of issues to be tried, occurs as a part of the court process, experts to be called, necessary reports, it is sometimes referred to as "formal" 0 and witness availability. mediation.

Judge - One who conducts or presides MEPA - Multiethnic Placement Act of over a court of justice and resolves 1994, 42 USC 5115a. Intended to remove controversies between parties. In the barriers to interethnic adoption. 0 0 0

0 Motion - An application to a court for the purpose of reaching a negotiated made in reference to a pending action, settlement involving joint solutions. 0 addressed to a matter within the discretion of a judge. Putative father - The alleged or sup- 0 posed male parent; the person alleged Open adoption - See Adoption with to have fathered a child whose parent- 0 contact. age is at issue. 0

Parent - Any biological parent or par- Reasonable efforts - Public Law 0 ents of a child or any person who has 96-272, the Adoption Assistance and 0 lawfully adopted a child, excepting the Child Welfare Act of 1980 requires that unwed father where paternity has not reasonable efforts be made to prevent 0 been acknowledged or established. or eliminate the need for removal of a 0 dependent, neglected, or abused child 0 Permanency hearing - A special from the child's home and to reunify type of post-dispositional proceeding the family if the child is removed. The designed to reach a decision concern- reasonable efforts requirement of the 0 ing the permanent living arrangement federal law is designed to ensure that for a child with a family; the time of the families are provided with services to hearing represents a deadline within prevent their disruption and to respond 0 which the final direction of a case is to to the problems of unnecessary disrup- 0 be determined. tion of families and foster care drift. To enforce this provision, the juvenile court Permanency planning - The process must determine in each case where fed- by which a court determines the per- eral reimbursement is sought, whether manent placement of an abused or the agency has made the required rea- 0 neglected child who has been removed sonable efforts (42 U.S.C. 671(a)(15), from her or his home. 672(a)(1).) ASFA added a new requirement for reasonable efforts to find per- 0 Permanent child custody - A perma- manent homes for children who cannot nent and self-sustaining legal relation- safely be reunited with their parent or 0 ship that can be established in some guardian. states between a child whose parental 0 rights have not been terminated and a Residential care - A form of foster 0 person or couple who is not the biolog- care involving placement in group or ical parent of the child. The permanent congregate care. custodian has legal authority to determine the physical care, supervision and Respite care - Temporary child care discipline of the child. The biological intended to provide a family with an parent does not have the legal right to interval of rest and relief. petition the court for return of custody of the child to them. Review hearing- Court proceedings which take place after disposition, after 0 Photolisting - A display of photo- the permanency hearing or after ter- graphs and brief descriptions, either in mination of parental rights in which book form or on the Internet, of chil- the court comprehensively reviews the dren waiting adopting homes. status of a case, examines progress 0 made by the parties since the conclu- 0 Post-Adoption services - Support sion of the prior hearing, provides for services provided to families after final- correction and revision of the case plan, ization of an adoption. and makes sure that cases progress and 0 children spend as short a time as pos- Pretrial settlement conference - A sible in temporary placement. meeting of attorneys and parties held

0 0

0 Targeted recruitment - Recruitment Title IV-E - The title of the Social Secu- of adoptive families directed at specific rity Act that authorizes grants to states groups, such as minorities or those will- for child welfare services, foster care 0 ing to accept a handicapped child. payments and adoption assistance.

Termination of parental rights Title IV-E Waiver - Authorization by (a.k.a. TPR) - The extinguishment of the federal government to use Title IV-E the legal relationship of parent and funds in ways not otherwise permitted child on the basis of abuse, neglect, by statute. abandonment or similar grounds. Voluntary relinquishment - A legal Temporary child custody - A tempo- process through which a biological rary legal relationship between a child parent voluntarily gives up parental 0 and a person or couple who is not the rights with the intent that the child will biological parent of the child or a state be adopted. or county child protective agency. The temporary custodian has legal authority to determine the physical care, supervision and discipline of the child. The biological parent has the legal right to petition the court for return of custody of the child to them.

Termination of parental rights 0 hearing (a.k.a. TPR hearing) - The hearing following either a voluntary relinquishment of parental rights or a trial determining that parental rights should be terminated; after determining whether grounds exist for the termination of parental rights and after determining that adoption is in the best interest of the child, the court must also determine whether reasonable efforts are being made to find the child an adoptive home.

Termination of parental rights trial (a.k.a. TPR trial) - A formal proceeding usually sought by a state agency in which severance of all legal ties between child and parents is sought against the will of one or both parents, and in which the burden of proof must be by clear and convincing evidence; the most heavily litigated and appealed stage of dependency proceedings; also referred to in some states as a severance, guardianship with the power to consent to adoption, permanent commitment, permanent neglect, or modification hearing.

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APPENDICES @ TABLE OF CONTENTS

A. Judicial Monitoring of the Child Abuse and Neglect Caseload ...... 91

B. The Adoption and Safe Families Act ...... 93

C. Interstate Compact on the Placement of Children ...... 95

@ D. Sample Border State Agreement ...... 101

O E. Profiles of Children With Special Needs for Whom Adoptive Homes Were Successfully @ Recruited ...... 105 F. First Monday TPR Reviews for Children in Need of Adopting Homes ...... 109 G. List of State, Regional and National Adoption DI @ Exchanges ...... 111

@ H. Post-Adoption Contact Statutes ...... 119

I. Statutes and Court Rules that Expedite the Appellate Process ...... 125

J. Adoption Disruption ...... 127

K. Reports from Two NCJFCJ Model Courts ...... 129

• The Expedited Adoption Project of Mulmomah County, Oregon ...... 129 • The Hamilton County Juvenile Court Expedited Adoption Project in Cincinnati, Ohio ...... 132

O L Post-Adoptive Services in Ohio and Illinois ...... 135

M. National Organizations and Resources ...... 139

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0 Judicial • average length of time from child's out-of-home placement to the Monitoring of the permanency hearing; Child Abuse and • percentage of children who achieve case closure at the perma- Neglect Caseload nency hearing and type of permanency achieved; and To ensure better court practice, courts • for those children whose cases are 0 must understand how they are man- continued at the permanency hear- aging caseloads in terms of numbers, ing, reasons for continuance and timelines and outcomes for neglected the permanent plan. and abused children. They must use technology to create management infor- Caseload benchmarks at the point marion systems that can ensure com- of termination of parental rights pliance with statutory time limits, track include: 0 overall compliance with goals, analyze trends and evaluate the effectiveness of • the number of children in this cat- programs and policies. Such systems egory and the age at first removal, not only provide important research • length of time between the perma- and evaluative information to help nency hearing and the filing of the improve outcomes for children, but also TPR petition; provide information to justify increased • percentage of termination cases resources when needed. voluntarily settled after filing the petition; Caseload benchmarks for children • for cases that go to trial, length of achieving permanency and case time between the filing of the TPR closure prior to the permanency petition and the TPR trial; hearing include: • average length of the TPR trial; 0 • average length between conclu- • the number of children in this cat- sion of the trial and completion of egory and the age at first removal; the court's entry; • average number of placements; • percentage of children placed in • average length of time from the pre-adoptive homes at time of the child's out-of-home placement to termination; hearing by type of adjudication and disposition, pre-adoptive home (i.e., relative, • the breakdown of case closure foster home, third party); status by type, proportion of chip • numbers of appeals, and grounds dren and length of time to achieve for appeal, from termination trials; case closure; and and • percentages of case re-openings • average length of time between the 0 due to new incidents of abuse or filing of an appeal and the appel- neglect. late decision.

Caseload benchmarks for cases that Caseload benchmarks when perma- reach the permanency hearing nency has not been achieved within include: 18 months from removal and a termination of parental rights petition has • the number of children in this cat- not been granted or is not pending egory and the age at first removal; include: • average number of placements and type of current placement; • the number of children in this cat- • average length of time from child's egory and the age at first removal; out-of-home placement to adjudi- • reasons why the children have not cation and disposition; achieved permanency; O

• profiles of the children including • for all children adopted, whether age at removal and special needs; adoption with contact was part • type of current placement; of the agreement and if so, type • number of placement moves; and of contact; and the percentage • type of plans whether permanency of cases with adoption assistance O plans or other long-term care agreements; and plans. • frequencies of re-entry of children into the child protection system by Caseload benchmarks for children type of case closure. whose parental rights have been terminated but who are not in an adoptive Most courts do not have the resources home include: to conduct longitudinal studies after cases have been closed. Minimal • the number of children in this cat- research exists that is specifically appli- egory and the age at first removal; cable to the abused and neglected pop- • length of time since the TPR was ulation to assist courts in understand- 0 granted; ing the long-term impact of decisions • profiles of the children regarding such as adoption with contact and the special needs; success of relative adoption as com- • type of current placement; pared to relative custody. Whenever • number of placement moves; and possible, courts should collaborate with • number of adoptive placement universities and other organizations 0 disruptions. which have the desire and resources to undertake such studies. Caseload benchmarks for children achieving case closure after the permanency hearing include:

• length of time from the perma- O nency hearing to case closure by type of case closure; • percentage of children who achieved the permanent plan determined at the permanency hearing; • length of time from initial removal to case closure by type of permanency achieved; • for children adopted by relative or foster parent with whom they were living at the time of TPR, average length of time between the TPR and adoption finalization; • for children adopted by third par- 0 ties, length of time between when the TPR was granted and placement in the adoptive home and length of time between placement in the adoptive home and adoption finalization; • Permanency hearings must take The Adoption and place no later than 12 months after Safe Families Act a child has entered foster care. For purposes of this requirement, Taken in partfrom A Place to Call Home: children are considered to have Adoption and Guardianship for Chil- "entered foster care" on the earlier dren in Foster Care, by Steve Christian of a judicial finding that the child and Lisa Ekman for the National Confer- has been subjected to child abuse ence of State Legislatures, March 2000. or neglect, or 60 days after the child is removed from the home. In 1997, the Adoption and Safe Fami- • A form of legal guardianship that lies Act (ASFA) (P.L. 105-89) amended is intended to be a permanent Titles IV-B and IV-E of the Social Secu- relationship and a self-sustaining rity Act to clarify certain provisions of relationship is defined. (See

P.L. 96-2?2 and to speed the process Chapter I, Section C, Permanency of finding permanent homes for chil- Characteristics.) dren. The provisions of ASFA are sum- • The state must, subject to certain marized below: exceptions, petition for the termination of parental rights after a In determining reasonable efforts, child has been in foster care for 15 the child's health and safety shall of the last 22 months. be the paramount concern. • If the court determines that reuni- Foster parents, relative caretakers fication is not the permanent and pre-adoptive families must be plan, states must document to the given notice of court hearings and court a compelling reason for any 0 must be given the opportunity permanent plan other than adop- to speak if they attend the court tion, legal guardianship, perma- hearing. nent custody or placement with a 0 Foster and adopting parents must relative. undergo criminal record checks. • If the court determines that reunifi- Reasonable efforts to reunify are cation is not the permanent plan, not required with respect to a the court must determine that rea- parent of a child if the court deter- sonable efforts are being made mines that the parent has sub- to secure a permanent home for jected the child to aggravated cir- the child. This determination must cumstances. The aggravated cir- include factors such as child spe- cumstances are to be determined cific recruitment efforts and use of by state law and may include, but state, regional and national adop- need not be limited to: tion exchanges. -abandonment, torture, chronic • At the point that a termination of abuse or sexual abuse; parental rights petition is filed, the - murder or voluntary manslaugh- child welfare agency is required ter of another child; to concurrently seek to identify, -aiding or abetting, attempting, recruit, process and approve a conspiring or soliciting to commit qualified family for adoption. murder or voluntary manslaugh- • States must develop plans for the ter of another child; effective use of cross-jurisdictional

- felony assault that results in seri- resources to facilitate timely adop- ous bodily injury to the child or tive or permanent placements for another child of the parent; or waiting children. States are pro-

- parental rights of the parent to hibited from delaying or denying a sibling have been terminated the adoptive placement of a child voluntarily. when an approved family is available outside of the jurisdiction. 0

• States must provide health insurance coverage for any child receiving state-funded adoption assistance who the state has determined cannot be placed without O medical assistance because the 0 child has special needs for medical, mental health or rehabilitative care. • States are required to use a portion O of their Family Preservation and Support grants on adoption promotion and support services. This may include pre- and post- adoptive services and activities designed to expedite the adoption process and to support adopting families. ASFA provides incentive payments to states to encourage adoption of children out of foster care. • The federal government is 0 required to issue annual report cards on state performance in meeting certain child welfare outcome measures, including the number of adoptions from foster care. O ASFA regulations were passed January 25, 2000, and made effective as of March 27, 2000. Additional information can be found in the Federal Register Vol. 65, No. 16, pages 4019 - 4093 or at the web site: http://www.gpo.gov/ Interstate enforcement of responsibility. In the Compact on the absence of the Compact, public authorities in one state are not obligated Placement of to make pre-placement investigations or, for example, supervise post-adoptive Children placements for the sending state. The Compact sets forth through its 10 This section was written by Frank articles: Barthel, retired Secretariat for the Association of Administrators of the • the types of placement situations ICPC, American Public Human Services covered by the law; Association. • the persons or agencies who, when they place a child from one The Interstate Compact on the Place- party state into another party state, ment of Children (hereinafter ICPC or must follow Compact procedures; Compact} is statutory law, which has and been enacted uniformly in all 50 states, • the specific protections, services the District of Columbia, and the U.S. and requirements available by Virgin Islands. Since the Compact is virtue of its enactment. also a contract among the states as well 0 as a statute in each of them it must The highlights of the law are summa- be interpreted and implemented uni- rized on the following pages. formly by all of them. The Compact is designed to provide WHO MUST FOLLOW THE the necessary legal framework for COMPACT? placements, including adoptive place- The law defines the persons and agen- ments, in which more than one state cies who, when they place a child from is involved. This point is important one state into another state, must follow because jurisdiction over a child ends ICPC procedures. These persons and at the state line. The ICPC, though only agencies are called "sending agencies" one of many state laws which govern and include the following: the placement of children, is the only tool states have to ensure that children • A state, or any officer or employee placed across state lines are protected. of a state; • A subdivision of a state, or any offi- OVERVIEW OF THE cer or employee of the subdivision; COMPACT • A court of a state; and The Compact is a means of permitting • Any person, corporation, associ- child placement activities to be pursued ation, or charitable agency of a throughout the country in much the state. same way and with the same safeguards and services as though they were being The Compact also exempts certain conducted within a single state or persons from following the Compact, jurisdiction. The Compact promotes the but only when one of the classes availability of services to children who of exempted persons both sends and are placed on an interstate basis, and receives the child. The persons spe- it secures greater assurance that those cifically exempted from the Compact making the interstate placements will include a child's parent, stepparent, discharge their responsibilities toward grandparent, adult brother or sister, the children involved throughout the adult uncle or aunt, and a non-agency placement period. Without the guardian. Compact, the boundaries of each-single state or jurisdiction present obstacles to the rendering of services and the 0

INTERSTATE In making a placement, the sending PLACEMENTS agency is required to retain financial 0 An interstate placement occurs when and legal responsibility for the child a person or agency sends or brings until termination of the interstate 0 a child, or causes a child to be sent placement. Termination of jurisdiction or brought, across a state line. How- may occur when: ever, the interstate placement of a child cannot occur until the appropriate • the sending agency's termination public authorities in the receiving state of the placement is with the con- notify the sending agency, in writing, currence of the Compact Adminis- to the effect that the proposed place- trator in the receiving state; ment does not appear to be contrary to • the child reaches the age of the interests of the child (see Article III majority; (d) of the ICPC). The sending agency • the child is adopted; or 0 does not have to have physical custody • the child returns to the sending or legal control over the child, but state upon the request or direction 0 need only be involved in facilitating the of the sending agency. placement for the placement to be covered under the Compact. Dismissal of state custody of a child 0 Agencies and courts should not place who is to be placed out-of-state or dis- 0 children out-of-state until the receiv- missal of custody of a child in an inter- 0 ing state does a home assessment and state placement is a violation of state allows the placement to occur. Delays law unless one of the above provisions in the completion of home studies occur prevails. 0 too frequently. ICPC Regulation No. 7, Priority Placement (see the following INTERSTATE CHILD section on Issues to be Resolved) is a PLACEMENT NEEDS AND 0 method to reduce delays for interstate SAFEGUARDS placements. Finding the most appropriate home 0 Not all arrangements for a child's or placement resource for a child is a care in the receiving state are consid- big job and rarely an easy one. Often ered placements under the Compact. there are more children than homes The law specifically exempts from the available in a given state. For some Compact placements into any institu- children, appropriate permanent homes tion caring for the mentally ill, mentally with prospective adoptive parent(s) or defective or epileptic, or any institution with relatives are available in other primarily educational in character, and states. Children already in a foster 0 any hospital or other medical facility. family home may want to stay with 0 In general, the kinds of placements the family when they move to another which require that the Compact be fol- state. Children who require the services lowed include: of a specialized residential facility unavailable in their own state may • placements with parents, close benefit from an out-of-state placement. relatives, and non-agency For these reasons, the needs of children 0 guardians unless a parent, close cannot be met by restricting child relative, or non-agency guardian placement to the territory of a single makes the placement; state or jurisdiction. 0 • adoptive placements; Among the safeguards provided by • foster home placements; the Compact to the child, as well as to • child-caring facilities, including receiving and sending states, are the 0 residential treatment, group following: homes, and institutions; or • placements of adjudicated delin- • provides for home studies and an quents in institutions in other evaluation of each interstate place- 0 states. ment before the placement is made; 0 • allows the prospective receiving Human Services Association (APHSA, state to ensure all its applicable formerly the American Public Welfare child placement laws and policies Association), which provides Secretariat are followed before it approves an services to the Association. The interstate placement; AAICPC, working in conjunction with • gives the prospective receiving the Secretariat, has adopted procedures state the opporUmity to consent to and developed standard forms for or deny a placement before it is implementing the ICPC. made; The Association, under the authority • provides for continual supervision given to it in the Compact law, has and regular reports on each inter- adopted regulations which further clar- state placement; ify provisions of the ICPC. The Associa- • guarantees the child legal and tion and Secretariat also work to resolve financial protection by fixing these problems among the party states. responsibilities with the sending agency or individual; and ISSUES TO BE RESOLVED • ensures that the sending agency Many of the original problems for or individual does not lose legal which the Compact was written have jurisdiction over the child once the been surmounted, but other issues have child is moved to the receiving emerged. These issues include ways in state. which the Compact can be used more 0 creatively to protect children, as well as COMPACT RELATIONSHIP to facilitate interstate placements when TO OTHER STATE LAWS children are moving into permanent The Compact must interact with other homes across state lines. 0 state laws. The Compact specifies that In conjunction with the National certain procedures must be followed Council of Juvenile and Family Court when an interstate placement is con- Judges and the National Association of templated or made. Furthermore, the Public Child Welfare Administrators, Compact law itself is neutral on the AAICPC is working to resolve delays question of the desirability of interstate in the interstate placement of children. placements, and does not mention who The AAICPC passed Regulation No. 7, may place a child or under what cir- Priority Placement that establishes time cumstances a child may be placed for frames in which an ICPC referral must adoption. Other state laws and policies be completed. Section 5 (a) of the reg- govern these decisions and, along with ulation pertains to specific facts that the Compact, become a state's pre- must be in place before the regulation adoption requirements. can be used. However, section 5 Co) refers to all ICPC referrals that have HOW IS THE INTERSTATE been pending for over 30 working days COMPACT and a decision has not been made to ADMINISTERED? allow or to deny the placement. The Compact is administered by an Another procedure to reduce delays office in the state department of social and facilitate the timely completion of services or the state's equivalent agency. home studies, is the creation of border Each state has appointed a Compact state agreements. (See Appendix D for Administrator and one or more Deputy an example of a Border State Agree- Administrators who oversee or perform ment.) The basic premise of these agree- the day-to-day tasks associated with ments is to allow a local social worker the administration of the ICPC. The in the sending state to complete a home Association of Administrators of the study in the receiving state while the Interstate Compact on the Placement ICPC referral packet is reaching the of Children (hereinafter AAICPC or appropriate authorities in the states Association) formed a working involved in a particular child's case. association with the American Public There are provisions in the agreements whereby local social workers in both meanings as those ascribed to states are involved in the home study them in the Interstate Compact on process. the Placement of Children (ICPC). Another issue that needs attention A word or phrase not appearing of the courts, child welfare administra- in ICPC shall have the meaning tors, and compact administrators is that ascribed to it by special definition of unilateral dismissal of jurisdiction by in this regulation or, where not the courts of child custody prior to an so defined, the meaning properly interstate placement or subsequent to a ascribed to it in common usage. child's placement out of state. Known as "dumping," unilateral dismissal of . Whenever a court, upon request, jurisdiction often causes the receiving or on its own motion, or where state to assume the financial respon- court approval is required, deter- sibility of the child should the place- mines that a proposed priority ment disrupt or otherwise not be suc- placement of a child from one state cessfully completed. Services that the into another state is necessary, the child and family need in order con- court shall make and sign an order tinue a positive placement may be dis- embodying that finding. The court continued contributing to a disruptive shall send its order to the Send- placement. Once custody is dismissed, ing Agency within two (2) business supervision of the placement will not days. The order shall include the occur until the child comes back into name, address, telephone number, 0 the child welfare system. and if available, the FAX number, A final problem is the issue of which of the judge and the court. The state adoption consent law applies. court shall have the sending Most ICPC adoption cases are private agency transmit, within three (3) agency or individual adoption cases. business days, the signed court Finalization of the adoption often occurs order, a completed Form 100A in the receiving state. Prior to the child ("Request for Placement") and sup- 0 being placed with prospective adop- porting documentation pursuant to tive parent(s), the sending agency will ICPC Article III, to the sending state require a signed consent by the biolog- Compact Administrator. Within a ical parent(s) freeing the child for adop- time not to exceed two (2) business 0 tion. However, when finalization occurs clays after receipt of the ICPC pri- in the receiving state, the latter may ority placement request, the send- require that their state's consent pro- ing state Compact Administrator cedure be followed, thereby requiring shall transmit the priority place- 0 the biological parent(s) to sign another ment request and its accompany- consent. Not only can the signing of ing documentation to the receiv- another consent form cause delays in ing state Compact Administrator finalization of the adoption, it can result together with a notice that the in the biological parent(s) deciding that request for placement is entitled they no longer want the adoption. This to priority processing. can lead to further court action at the 0 trial and appellate levels. One possible . The court order, ICPC-100A, and solution is for the receiving state to rec- supporting documentation re- ognize and accept a valid consent from ferred to in Paragraph Two (2) a sister jurisdiction. hereof shall be transmitted to the The following regulation was adopted receiving state Compact Adminis- to provide an expedited process for trator by overnight mail together interstate placements: with a cover notice calling attention to the priority status of the request REGULATION NO. 7 for placement. The receiving state 1. Words and phrases used in this Compact Administrator shall make regulation shall have the same his or her determination pursuant to Article III (d) of ICPC as soon as needed. For a case in which practicable but no later than twenty this subparagraph applies, the (20) business days from the date twenty (20) business day the overnight mailing was received period for the receiving state and forthwith shall send the com- Compact Administrator to pleted 100A by FAX to the sending complete action shall be cal- state Compact Administrator. culated from the date of the receipt by the receiving state

. (a) If the receiving state Compact Compact Administrator of the Administrator fails to complete information requested. action as the receiving state prescribed in Paragraph Three (c) Where the sending state court (3) hereof within the time period is not itself the sending agency, allowed, the receiving state shall it is the responsibility of the be deemed to be out of compliance sending agency to keep the with ICPC. If there appears to be court, which issued the priority a lack of compliance, the court, order, informed of the status of which made the priority order, the priority request. may so inform an appropriate court in the receiving state, provide 5. A court order finding entitlement 0 that court with copies of relevant to a priority placement shall not be documentation in the case, and valid unless it contains an express request assistance. Within its finding that one or more of the jurisdiction and authority, the following circumstances applies to requested court may render such the particular case and sets forth assistance, including the making of the facts on which the court bases appropriate orders, for the purpose its finding: of obtaining compliance with this Regulation and ICPC. (a) the proposed placement recipient is a relative belon~ng to (b) The foregoing shall not apply if: a class of persons who, under Article VIII(a) of ICPC could (1) within two (2) business days receive a child from another of receipt of the ICPC priority person belonging to such class, placement request, the send- without complying with ICPC ing state Compact Administra- and; (I) the child is under two tor determines that the ICPC years of age; or (2) the child is request documentation is sub- in an emergency shelter; or (3) stantially insufficient, specifies the court finds that the child that additional information is has spent a substantial amount needed, and requests the addi- of time in the home of the pro- tional documentation from the posed placement recipient. sending agency. The request (b) the receiving state Compact 0 shall be made by FAX, or by Administrator has a properly telephone if FAX is not avail- completed ICPC-100A and sup- able; or porting documentation for over (2) within two (2) business days thirty (30) business days, but of receipt of the ICPC priority the sending agency has not placement request, the receiv- received a notice pursuant to ing state Compact Administra- Article Ill (d) of ICPC determin- tor notifies the sending state ing whether the child may or Compact Administrator that may not be placed. further information is necessary. Such notice shall specifically detail the information . Time periods in this regulation may be modified with a written agreement between the court which made the priority order, the sending agency, the receiving state Compact Administrator, and the sending state Compact Adminis- trator. Any such modification shall apply only to the single case to which it is addressed.

. To fulfill its obligations under ICPC, a state and its local agencies must process interstate cases no less quickly than intrastate and give no less attention to interstate hard- ship cases than to intrastate hard- ship cases. If in doing so, a receiving state Compact Administrator finds that extraordinary circumstances make it impossible for it and its local agencies to comply 0 with the time requirements set forth in this regulation, it may be excused from strict compliance therewith. However, the receiving state Compact Administrator shall, within two (2) business days of ascertaining inability to comply, 0 notify the sending state Compact Administrator via FAX of the inability to comply and shall set forth the date on or before which it will complete action. The notice shall contain a full identification and explanation of the extraordinary circumstances which are delaying compliance.

. Unless otherwise required or allowed by this regulation, all transmittals of documents or other written materials shall be by overnight express mail carrier service. 0

9. This regulation shall take effect on October 1, 1996.

This regulation is adopted pursuant to Article VII of the Interstate Compact on the Placement of Children by action of the Association of Administrators of the Interstate Compact on the Place- ment of Children at its annual meeting on April 28, 1996. Sample Border - one or more interviews with the State Agreement prospective placement recipient(s}, and where appropriate, other members of the recip- This sample agreement was provided by ient's household and other per- Dennis Eshman of the American Public sons; and Human Services Association. - on-site inspection of the prospective placement recipient's home Border state agreements facilitate the and immediate neighborhood; timely completion of home studies and and help to reduce delays in interstate -appropriate child abuse/neglect placements. Following is the border and criminal background checks. state agreement used by Kansas and Missouri: The child abuse/neglect and criminal background checks shall be completed AGREEMENT FOR by the local public agency in the receiv- PERFORMANCE OF ing state as quickly as possible when- CERTAIN HOME STUDIES ever the home study is to be completed PURSUANT TO THE by a worker from the sending state. INTERSTATE COMPACT ON THE (c} "Home" means a place of abode, PLACEMENT OF including a family residence or CHILDREN other facility in which it is proposed that a child would live The State of Kansas and the State of if placed with the placement 0 Missouri, acting by Joyce Allegrucci, recipient(s). Commissioner of Kansas Commission of Children and Family Services and (d)"Child" means a minor individual Carmen K. Schulze, Director of Mis- who has been made a dependent souri Division of Family Services hereby ward of the juvenile/family court agree as follows: and whose legal custody has been granted to the local public child 1. Definitions welfare agency.

As used in this Agreement: (e) "Adoption" for the purpose of this Agreement, pertains only to public (a) Terms shall have the same mean- agency adoptions and does not ings as in the Interstate Compact apply to licensed private child- on the Placement of Children placing agencies or independent/ (herein referred to as "ICPC" or private adoptions. "the Compact"), except as otherwise defined in this Agreement. If 2. Geographic Area not expressly defined in the Com- pact or in this agreement, a term The geographic area to which this shall have its ordinary meaning in Agreement applies is the common English usage. boundary between the states of Kansas and Missouri and includes Johnson, (b) "Home study" means an investiga- Leavenworth, Miami and Wyandotte tion, evaluation, and written report Counties in Kansas and Cass, Clay, on a prospective adoptive, foster Jackson and Platte Counties in or relative placement recipient (or Missouri. placement recipients), including: O 3. Home Studies Completed by (d)In addition to item (c) above, a Personnel from Other State sending agency may complete the home study for a proposed adop- (a) It is recognized that the prepa- tive placement if an ICPC referral ration and completion of a home has been submitted through regu- study is the primary responsibility lar channels and if the sending and of the receiving state (refer to Arti- receiving state ICPC units have cles I (c) and III of the Compact), given their approval. but that there are extenuating circumstances which may justify its (e) Personnel from the sending state performance by personnel from who are qualified to prepare home the state in which a placement is studies may do so pursuant to proposed to originate. this Agreement in the furtherance of interstate cooperation but are (b) Personnel who may prepare and not required to do so, except as complete home studies in the other directed by their own supervisors party state must be professional in their own departments or level employees or contractors of agencies. the state government or of a local public agency (excluding student 4. Uses of Home Studies interns and trainees) who prepare home studies within their own The agency whose employee or 0 jurisdictions as part of their regu- contractor has performed a home study lar employment. pursuant to this Agreement shall submit copies thereof to the receiving state (c) Personnel from Kansas or Mis- compact administrator (or designee) 0 souri as the case may be, may pre- and to the local public agency that pare a home study in the other would have completed the home study state only when: (1) there has been if not completed pursuant to this court intervention, and (2) an ICPC Agreement. referral has been sent to the receiv- If within five working days of its 0 ing state through regular chan- receipt by the local public agency in the nels; and (3) one of the following receiving state, the receiving state com- conditions apply to the particular pact administrator (or designee) is not case involved: notified by the local public agency that it considers the home study to be inad- (i) A court has issued an order equate or incorrect, the receiving state embodying a finding that the compact administrator (or designee) 0 proposed placement pursuant shall consider the home study to have to ICPC Regulation 7 merits the same standing as a home study priority placement processing completed by the local public agency. (refer to Appendix C, Page 98 However, before using the home 0 for ICPC Regulation 7); or study, the receiving state compact 0 (ii) The receiving state compact administrator (or designee) shall make administrator (or designee) a telephone inquiry of the local public informs the sending agency agency to ascertain whether the latter and the sending state compact has an objection. administrator (or designee) that The receiving state compact adminis- due to the existence of exten- trator (or designee) may use the home uating circumstances (set forth study in making the finding as required in the notification), the person- by Article III (d) of the Compact and nel of the receiving state who the sending agency may use the home would normally prepare the study in deciding whether to make a home study are unable to do so proposed placement. within thirty working days. 5. Supervision If required by local policy, the worker's immediate supervisor In any case where a placement is shall also sign and date the home allowed by the receiving state compact study as a means of documen- administrator (or designee) and where tation that the home study was the home study used is one completed reviewed and approved by the pursuant to this Agreement, the receiv- supervisor. ing state shall have full responsibility for supervising the placement as required After the home study has been by the Compact. reviewed by the agency in the receiving state, the name, title and 6. Limitations address of the supervisor who reviewed the home study must (a) It is expressly understood that if be added to the document and a child has been placed with a the supervisor who reviewed the caretaker in the receiving state home study must sign his/her in violation of Article Ill (d) of name to the home study and the Compact, this Agreement may enter the date of the home study not be utilized in order to obtain review. a home study on the placement recipient. 7. Scope of Employment

{b)This Agreement applies only to A person engaged in the preparation the preparation and completion of of a home study pursuant to this Agree- home studies. ment shall be deemed to be so engaged in the course and within the scope of (c) The completion of a home study his/her regular employment duties. pursuant to this Agreement shall be for a specific child (or chil- 8. Costs dren). Unless the worker has identified specific child(ren) and pro- It is understood that the parties to posed placement recipients(s), this this Agreement will not charge each Agreement cannot be utilized in other fees, either directly or indirectly, order for a home study to be com- for home studies completed under the pleted by a worker in the sending auspices of this Agreement. state. 9. Termina~on (d) During the time a worker is preparing and completing a home This Agreement may be terminated study pursuant to this Agreement, by sixty days notice given in writing by the worker must be under the either party to the other. However, any direct supervision of a supervisor home studies in progress on the date of who is familiar with the prepara- termination may be completed and any tion of home studies. placement procedure pending on such termination date may continue with the (e) The worker who prepares the same effect as though the termination home study must sign his/her has not occurred. name at the bottom of the home study and enter the date the home study was completed. The home study will be incomplete unless it is signed and dated by the worker who prepared it. 0

0 0 10. Effective Date of this Agreement

This Agreement shall become effective January 1, 1999, and shall remain in effect until termination as specified in 0 item 9 above. 0 0

Joyce Allegrucci Commissioner Commission of Children and Family Services State of Kansas

Carmen K. Schulze Director Division of Family Services State of Missouri 0 0 Profiles of Native American culture. For example, pow-wow music, they said, would be Children With good for auditory stimulation. Though Special Needs For preferable, it was not essential that prospective parents be members of a Whom Adoptive Native American tribe. Homes Were In 1998, a family in Indiana saw Glenda on the 1997 Adoption Month Successfully poster (an annual poster produced by the North American Council on Recruited Adoptable Children with support from the Dave Thomas Foundation for This section provided by Diane Riggs Adoption and federal funding through of the North American Council on Adoption Opportunities grants). They Adoptable Children. saw the poster at a social services agency. They began the home study PROFILE 1: ADOPTION process after seeing Glenda and RESULTING FROM fortunately received very good services ADOPTION MONTH from their worker in Indiana and the POSTER worker in South Dakota. As it happens, the adopting mother's grandfather is In 1998, Glenda was a passive 10-year Native American. old Native American girl (Oglala Sioux) from South Dakota who, despite severe PROFILE 2: ADOPTION disabilities, responded well to attention RESULTING FROM A and affection. She played contentedly NEWSPAPER FEATURE with toys that provided auditory and tactile stimulation and enjoyed swing- Described as a good conversational- ing and horseback riding with close ist and an able athlete, Michael was an O1 supervision. intelligent and personable nine-year- Glenda suffers from severe psycho- old who functioned well in small group motor retardation and developmental situations and liked to participate in delays and is also blind. She does not sports. Basketball and baseball were speak, but can hear and vocalize. Due to Michael's two favorite games, and his her blindness, she spends much of her career goal - which had not wavered time in a sitting position and relies on for three years - was to become a pro- hand-over-hand and one-on-one assis- fessional baseball player. tance at home and at school. Since his graduation from a resi- Because of her disabilities, Glenda is dential treatment center, Michael had constantly monitored for health prob- been living in a family foster home to lems and is dependent on gastrostomy learn more about normal family life. He feedings. Though her arms and legs are bonded more easily with women than thin, Glenda has active range in all four men and had become very attached to extremities and is gaining weight on his new foster morn. To express his her current diet. Aside from recurring affection, Michael did nice things for ear infections, Glenda has experienced her and told her that he loved her. few health problems during the past Michael had been in therapy for year. some time, but he had only recently Glenda needed a two-parent family begun to deal more directly with his 0 who could provide for her special needs abuse history and its ramifications. and stay committed to a child who has His therapist reported that Michael's severe disabilities. Workers believed acting out behaviors, which had she would do best in a family who increased somewhat, showed that he could provide one-on-one 24-hour care was psychologically starting to work and help her maintain ties with her through past abuse issues. His 0 O behaviors - many of which are PROFILE 3: ADOPTION 0 indicative of attention deficit RESULTING FROM A hyperactivity disorder (ADHD) - were MATCHING PARTY not harmful or aggressive toward others and Michael had made tremendous The final two profiles are from the Spring progress developing insights and inner 2000 issue of Heartlines (the Adoption strength. Exchange newsletter). The article says At school, Michael attended a the data is from the National Resource specialized class for children with Center for Permanency Planning News- 0 emotional disturbances. Teachers said letter, Winter 1999. he was academically capable of functioning at grade level in a regular Jessica was 12 years old when she classroom, but had not yet been finally found an adopting family. She mainstreamed because of his intense had experienced about 14 moves since anxiety about his unsettled future. To age 6 (including three adoption his credit, Michael could concentrate disruptions), had trouble in school, and attend to a task when not distracted and had a reputation for chronic lying by too many people or too much and stealing. Many child welfare stimulation. professionals believed Jessica was Michael had waited a long time for unadoptable, but when Greg and Susie a family to call his own, and his past met Jessica at an adoption party, they and present caretakers believed he was knew they wanted to adopt her. 0 capable of giving to people he cared The couple certainly had fears. Would about. Workers believed he would do Jessica ever attach to them? Would she well in a family with older siblings lie and steal from them? Would she who could serve as positive role models hurt the family dog? What about all the and provide extra attention and labels and diagnoses that Jessica car- encouragement. ried? What did those diagnoses mean His greatest need was for a family for Jessica's life and for their lives? But who could weather the testing he would when they looked at Jessica, they saw put them through while he examined a sweet 12-year-old girl with a zest and the family's commitment level and trust- spirit for life. Jessica was placed with worthiness. Workers believed that par- this family at the age of 12 and legally ents who could help Michael learn that adopted one year and one day later. he is a good person who deserves love She is now 14. In the last two and one- and that his behaviors will not lead a half years, her negative behaviors have family to turn him away were key to decreased, and her academic perfor- helping Michael recover and reach his mance has improved. The family is very full potential. attached to one another, and, as Greg Workers tried many different put it, despite the challenges, "It's fun!" methods of finding a home for Michael When Jessica was asked what she including featuring him on NACAC's thought about all of the teens without 1997 Adoption Month poster. In 1998, families, she said that she thinks it's a at age 10, Michael was placed with a stereotype that older kids are unadopt- family who learned about him through able. She said that when a young person a local newspaper spot. It was while lives in a group home, the focus is on getting updated information and photos behavior, and that young people do not of Michael for the NACAC poster that wantto get close to people. Susie added the worker also sent Michael's profile that "...people don't know or see chil- to The Oregonian, which led to his dren's true potential through all the placement. labeling and the problems caused by multiple moves...group homes are not a fair territory to judge children on whether or not they are adoptable." "Or loveable," added Jessica. W

Jessica, by the way, has some lofty dreams for her future. She wants to be a singer in a band. She even has a name for the band - "l~e Broken Butterflies." When she wins her first Grammy, she tO said she will save her parents for last in the list of people she thanks in her 0 acceptance speech. After all, you have to save the most important people for last.

PROFILE 4: ADOPTION RESULTING FROM 0 SEEKING OUT A FORMER FOSTER FAMILY

Jama also spent many years in the 0 foster care system. She entered the 0 system at age 12 due to her birth parents" substance abuse, and when Jama was 16, social services and the courts determined that she would never be returned home. Her permanency goal officially changed from reunification with her birth family to emancipation. She had spent four years of her life in a variety of different placements and the 0 first 12 years of her life being severely neglected. When she aged out of foster care at 18, Jama spent much energy 0 being fiercely independent - trying not to need anyone. She worked on holidays to avoid the loneliness. One day she picked up the phone and reconnected with one of her sister's 0 former foster families. Jama started to spend time with the family and became very close with the whole family. Finally, Jama mustered the courage and asked them to be her family. Jama was 19 years old when she found a family for herself. The new family responded with a very serious discussion with Jama about what it 0 means to be a family. Jama became a member of this family as a result of her bravery and assertiveness and their openness and love for Jama. It only took a couple of months for her to start referring to them as "morn" and "dad." Jama is now 22 and works as an Emergency Medical Technician. Jama describes her family as "the world, and then some." 000000000000000000000000000000000000000D000000 First Monday The expected and realized benefit of TPR Reviews for these review hearings is to keep these difficult cases on the forefront of the Children in Need caseworkers' duties. Knowing that a report on placement efforts will need to of Adopting be presented to the court every month Homes tends to keep a sense of urgency which is necessary in these cases. On occa- Third District Juvenile Court, Salt sion, when financial and administrative

Lake City, Utah - Judge Sharon P. hurdles seem to be the primary rea- McCully sons for placement difficulties or are obstacles to finalization of adoption, the Beginning November 1, 1999, Judge court requires supervisors, administra- Sharon McCully implemented a pro- tors, and other agency personnel to gram of monthly reviews of all children attend the hearings. If a family has been in her court whose parental rights had identified and placement made, but the been terminated and who were await- family has concerns which delay final- ing finalization of adoption. The pur- ization, the foster/adopting parents are pose of these hearings was to deter- invited to attend the hearings to express mine what "reasonable efforts" were their concerns and help work toward a being made to identify an adopting resolution. family for each of these children, to While only the most difficult cases identify obstacles and barriers to per- appear on this review docket month manent placement, and to assist the after month, the experience has been adoption caseworkers and legal coun- that after only six months, these reviews sel in overcoming those barriers. Judge are effective in resolving problems, McCully determined a need for these jointly looking for innovative solutions, Om reviews after becoming aware, often and achieving permanent placement many months, or even a year following for children who have been very diffi- the entry of a termination of parental cult to place in permanent family situ- rights order, that some children had ations. Intensive efforts are often made not been placed in adopting or other from one First Monday to the next to permanent homes. avoid having to report another month These reviews, called TPR (Termina- of failed efforts and frustration. tion of Parental Rights) or Adoption Because it is the court's responsi- Reviews, are held on the first Monday bility under the Adoption and Safe of every month. All cases are set at Families Act to assure that reasonable 3:30 p.m., and all adoption caseworkers efforts are being made to achieve adop- assigned to these cases are expected to tive or other permanent placements for attend, beginning at 3:30 p.m. These are children, reviews such as these "First the only hearings that Judge McCully Monday" reviews are very helpful to sets at a "group" time, but because the the court in making those findings and children and parents are not expected holding all involved parties account- 0 to attend, it is most efficient to expect able to make those efforts. all caseworkers to be present at 3:30 p.m. Also present at all hearings are the Assistant Attorney General assigned to all cases in Judge McCully's courtroom, and the guardian ad 1item attorney assigned to all children in this courtroom. Reports are prepared and submitted to the judge at least 48 hours in advance of the hearings. 0 0 0 0

List of State, ARKANSAS Regional, and Arkansas Department of Human Services National P.O. Box 1437, Slot 808 Adoption Little Rock, AR 72203-1437 (501) 682-8462 Exchanges Web: http://www.state.ar.us/ dhs/adoption/adoption.html This listing was provided by Diane Riggs of the North American Council on CALIFORNIA Adoptable Children. California Waiting Children STATE EXCHANGES California Department of Social Services Source: National Adoption Information 744 P Street, MS 19-68 Clearinghouse Sacramento, CA 95814 (916) 445-9124/Toll Free: (800) 543-7487 ALABAMA Web: http://www.childsworld.org/

Family Finders COLORADO 0 Alabama Department of Human Resources, Office of Adoption Colorado Adoption Resource 1933 Richard Arrington Jr. Registry (CARR) Boulevard South, Suite 102 Colorado Department of Human Birmingham, AL 35209 Services Child Welfare Services (205) 271-1703/Toll Free: (800) 926-8887 1575 Sherman Street, 2rid Floor Fax: (205) 271-1770 Denver, CO 80203-1714 0 Web: http://www.fami]yfinders.org (303) 866-3209 Web: http://www.cdhs.state.co.us/cyf/ ALASKA cwelfare/cwweb.html

Alaska Adoption Exchange The Adoption Exchange P.O. Box 110630 14232 East Evans Avenue Juneau, AK 99811-0630 Aurora, CO 80014 (907) 465-3631 (303) 755-4756/Toll Free: (800) 451-5246 Web: http://www.adoptex.org Northwest Adoption Exchange E-maih [email protected] 600 Stewart Street, Suite 1313 Seattle, WA 98101 CONNECTICUT (206) 441-6822/Toll Free: (800) 927-9411 Fax: (206) 441-7281 Office of Foster and Adoption Web: http://www.nwae.org Sendces E-maih [email protected] 505 Hudson Street 0 Hartford, CT 06106 ARIZONA (860) 550-6469 Fax: (860) 566-6726 Arizona Adoption Exchange Book Web: http://www.state.ct.us/dcf c/o Arizona Families for Children P.O. Box 17951 Tucson, AZ 85731 (520) 327-3324 Web: http://www.adopt.org O

O O DELAWARE IDAHO O Deladopt Idaho Department of Health and Delaware Department of Services Welfare for Children, Youth and Their P.O. Box 83720 O Families Boise, ID 83720-0036 1825 Faulkland Road (208) 334-5700 Wilmington, DE 19805 Web: http://www.nwae.org (302) 633-2655 Northwest Adoption Exchange D.C. - none listed 600 Stewart Street, Suite 1313 Seattle, WA 98101 FLORIDA (206) 441-6822/Toll Free: (800) 927-9411 Fax: (206) 441-7281 Adoption Information Center Web: http://www.nwae.org Daniel Memorial, Inc. E-maih [email protected] 134 East Church Street Jacksonville, FL 32202 ILLINOIS (904) 353-0679/Toll Free: (800) 962-3678 Fax: (904) 353-3472 Adoption Information Center of Web: http://www.state.fl.us/ Illinois (AICI) cf_web/adopt/ 188 W. Randolph, Suite 600 0 Chicago, IL 60606 Florida's Adoption Exchange (312) 346-1516/Toll Free: (800) 572-2390 Florida Department of Children Fax: (312) 346-0004 and Families Web: http://www.adoptinfo-il.org 1317 Winewood Boulevard E-maih [email protected] Building 7 Room 208 Tallahassee, FL 32399-0700 INDIANA (850) 487-2383 Fax: (850) 488-0751 Indiana Adoption Resource Exchange GEORGIA Indiana Division of Family and Children Georgia State Adoption Exchange 402 W. Washington Street, Third Office of Adoptions Floor, W-364 Two Peachtree Street NW, Suite 3-323 Indianapolis, IN 46204-2739 Atlanta, GA 30303-3142 (317) 233-1743 (404) 657-3550 Web: http://www.state.in.us/ fssa/adoption/ My Turn Now, Inc. Two Peachtree Street NW, Suite 3-323 IOWA Atlanta, GA 30303-3142 (404) 657-3479 Iowa Adoption Resource Exchange Web: http://www.myturnnow.com/ Adults, Children, and Family Services HAWAII Hoover State Office Building, 5th Floor Des Moines, IA 50319 Central Adoption Exchange of (515) 281-5358 Hawaii Web: http://www.adopt.org 810 Richards Street, Suite 400 Honolulu, HI 96813 (808) 586-5698 Fax: (808) 586-4806 0

0 KANSAS MAINE

Lutheran Social Services Northern New England Adoption 0 Kansas Families for Kids (KFFK) Exchange 603 S. Topeka Boulevard, Suite 206 Department of Human Services Topeka, KS 66603 221 State Street, State House (785) 354-4663/Toll Free: (800) 210-5387 Augusta, ME 04333 Fax: (785) 354-4684 (207) 287-5060 0 Web: http://www.kf~.org 0 E-maih [email protected] MARYLAND 0 KENTUCKY Maryland Adoption Resource Exchange (MARE) Kentucky Adoption Resource Social Services Administration 0 Exchange 311 W. Saratoga Street 0 Department of Social Services Baltimore, MD 21201 275 E. Main Street, 6th Floor, West (410) 767-7359 Frankfort, KY 40621 Web: http://www.dhr.state.md.us/ 0 (502) 564-2147 adpt_pgl .htm

0 MASSACHUSETTS Special Needs Adoption Program 0 Cabinet for Family and Children, Massachusetts Adoption Resource Department for Community-Based Exchange, Inc. (MARE) Services 45 Franklin Street, 5th Floor 908 W. Broadway, 8W Boston, MA 02110-1301 Louisville, KY 40203 (617) 542-3678/Toll Free: (800) 882-1176 (502) 595-4303 Fax: (617) 542-1006 Web: http://www.mareinc.org Special Needs Adoption Project (SNAP) Open Door Society of Department of Social Services Massachusetts, Inc. 710 W. High Street 1750 Washington Street Lexington, KY 40508 Holliston, MA 01746-2234 0 (859) 246-2256 (508) 429-4260/Toll Free: (800) 932-3678 0 Web: http://cfc.state.ky.us/cbs-snap Fax: (508) 429-2261 Web: http://www/odsma.org LOUISIANA E-maih [email protected]

Louisiana Adoption Resource MICHIGAN Exchange (LARE) Louisiana Department of Social Services, Kinship~Family Adoption Registry Office of Community 30215 Southfield Road P.O. Box 3318 Southfield, MI 48076 0 Baton Rouge, LA 70821 (248) 443-0306/Toll Free: (800) 267-7144 0 (225) 342-4040/Toll Free: (800) 259-3428 Web: http://www.mare.org Web: http://www.adopt.org/la/ Michigan Adoption Resource Exchange P.O. Box 6128 Jackson, MI 49201 (517) 783-6273/Toll Free: (800) 589-6273 Fax: (517) 783-5904 Web: http://www.mare.org E-marl: [email protected] 0 0 0 O

MINNESOTA NEVADA 0 0 Minnesota Adoption Resource Nevada Adoption Exchange 0 Network Division of Child and Family 2409 West 66th Street Services Minneapolis, MN 55423 610 Belrose Street (612) 861-7115 Las Vegas, NV 89107 Fax: (612) 861-7112 (702) 486-7800 Web: http://www.mnadopt.org Web: http://www.adopt.org/ 0 E-maih [email protected] adopt/photo.html 0 MISSISSIPPI Northwest Adoption Exchange 0 600 Stewart Street Suite 1313 0 Mississippi Adoption Resource Seattle, WA 98101 Exchange (206) 441-6822/Toll Free: (800) 927-9411 0 P.O. Box 352 Fax: (206) 441-7281 0 Jackson, MS 39205 Web: http://www.nwae.org (601) 359-4407/Toll Free: (800) 821-9157 E-maih [email protected] 0 Web: http://www.mdhs.state.ms.us/ fcs adopt.html NEW HAMPSHIRE 0 MISSOURI New Hampshire Division for 0 Children, Youth and Families 0 Missouri Adoption Exchange Department of Health and Human Missouri Division of Family Services 0 Services 129 Pleasant Street Brown Building 615 Howerton Court, PO Box 88 Concord, NH 03301 Jefferson City, MO 65103-0088 (603) 271-4707 0 (573) 751-2981 Fax: (603) 271-4729 0 Fax: (573) 522-2199 Web: http://www.adopt.org Web: http:// ww.dss.state.mo.us/clfs/ E-mail: [email protected] adopt/ NEW JERSEY MONTANA (state photolisting) Division of Youth and Family 0 Treasure Book Photo Listing Services Adoption Exchange 0 Helena, MT Adoption Operations Toll Free: (888) 937-5437 50 E. State Street, P.O. Box 717 Trenton, NJ 08625 NEBRASKA (609) 984-5453 0 Web: http://www.state.nj.us/ Nebraska Adoption Resource humanservices/ Exchange adoption/childsplash.htm 0 Division of Protection & Safety, Nebraska Department of Health & NEW MEXICO Human Services 0 P.O. Box 95044 New Mexico Adoption Exchange Lincoln, NE 68509 New Mexico Children, Youth and (402) 471-9331 Families Department 0 Web: http://www.hhs.state.ne.us/adp/ P.O. Drawer 5160 adpxchan.htm Santa Fe, NM 87502 (505) 827-8422 Web: http://cyf_abq.state.nm.us/adopt/ ninos.html E-maih clgarcia@cyf_abq.state.nm.us @ 0

0 The Adoption Exchange OHIO Katherine Apodaca Adoption Specialist Ohio Adoption Photo Listing 0 610 Gold Ave. S.W., #222 (OAPL) 0 Albuquerque, NM 87102 Bureau of Child and Adult (505) 247-1769 Protection Fax (505) 247-1790 65 E. State Street, 5th Floor Columbus, OH 43215 0 NEW YORK (614) 466-9274 Web: http://www.state.oh.us/scripts/ 0 New York State Adoption Service odhs/oapl/query.asp Office of Children and Family Services Riverview Center, 6th Floor Southwest Ohio Adoption 40 North Pearl Street Exchange Albany, NY 12243 Department of Human Services Toll Free: (800) 345-KIDS 628 Sycamore Street Web: http://www.dfa.state.ny.us/adopt Cincinnati, OH 45202 (513) 632-6366 NORTH CAROLINA OKLAHOMA - none listed NC Kids 0 University of North Carolina at OREGON 0 Greensboro Center for Study of Social Issues Northwest Adoption Exchange P.O. Box 26170 600 Stewart Street, Suite 1313 Greensboro, NC 27402-6170 Seattle, WA 98101 (877) 625-4371 (206) 441-6822/Toll Free: (800) 927-9411 Fax: (206) 441-7281 North Carolina Adoption Resource Web: http://www.nwae.org Exchange E-marl: [email protected] Division of Social Services 325 N. Salisbury Street The Boys and Girls Aid Society of Raleigh, NC 27603-5905 Oregon (919) 733-3801 018 SW Boundary Court Web: http://www.dhhs.state.nc.us/dss/ Portland, OR 97201 0 adopt (503) 222-9661 Web: http://adoptions.scf.hr.state.or.us/ 0 NORTH DAKOTA adopt.btm

Department of Human Serv/ces PENNSYLVANIA Children and Family Services 600 E. Boulevard Avenue Pennsylvania Adoption Exchange State Capitol Building Office of Children, Youth and Bismarck, ND 58505 Families (701) 328-2316 P.O. Box 2675 0 Web: http://www.adopt.org Harrisburg, PA 17105 (717) 772-7015/Toll Free: (800) 227-0225 Web: http://www.dpw.state.pa.us/ adoptpakids 0 E-mail: [email protected] 0 0 0

Statewide Adoption Network TEXAS 0 Pennsylvania Office of Children, Youth and Families Texas Adoption Resource P.O. Box 2675 Exchange Harrisburg, PA 17105 Texas Department of Protective 0 (717) 772-7040/Toll Free: (800) 585-7926 and Regulatory Services Fax: (717) 772-6857 P.O. Box 149030, M.C. E-557 E-mail: [email protected] Austin, TX 78714-9030 0 Toll Free: (800) 233-3405 0 Statewide Adoption Network's Web: http://www.tdprs.state.tx.us/ Prime Contractor adoption/tare.html 0 Common Sense Adoption Services E-mail: [email protected] 0 5021 E. Trindle Road Mechanicsburg, PA 17055 UTAH 0 (717) 766-6449/Toll Free: (800) 445-2444 0 Fax: (717) 766-8015 Department of Human Services 0 Web: http://www.csas- Division of Child and Family swan.org/frame.htm Services P.O. Box 45500 0 RHODE ISLAND Salt Lake City, UT 84145-0500 (801) 538-4100 Adoption Rhode Island 0 500 Prospect Street Northwest Adoption Exchange Pawtucket, RI 02860 600 Stewart Street, Suite 1313 (401) 724-1910 Seattle, WA 98101 Fax: (401) 724-1910 (206) 441-6822/Toll Free: (800) 927-9411 0 Web: http://www.adoptionri.org/ Fax: (206) 441-7281 E-mail: [email protected] Web: http://www.nwae.org 0 E-mail: [email protected] SOUTH CAROLINA The Adoption Exchange South Carolina Seedlings 610 East South Temple, Suite 40 2627 Millwood Avenue, Suite/cA Salt Lake City, UT 84102 Columbia, SC 29205 (801) 412-0200 (803) 783-2226/Toll Free: (888) 515-2622 Fax: (801) 412-0202 0 Web: http://www.sc-adopt.org/ 0 E-mail: [email protected] VERMONT 0 SOUTH DAKOTA - none listed Northern New England Adoption Exchange 0 TENNESSEE Department of Human Services 221 State Street, State House Resource Exchange for Adoptable Augusta, ME 04333 0 Children in Tennessee (207) 287-5060 201 23rd Avenue, North Nashville, TN 37203-9000 (615) 321-3867 Web: http://www.state.tn.us/ youth/adoption/react.htm 0

0 0 0

0 VIRGINIA OTHER REGIONAL, NATIONAL, OR SPECIALTY Adoption Resource Exchange of EXCHANGES 12 Virginia (AREVA) Virginia Department of Social The Adoption Exchange Services 14232 E. Evans Avenue 730 E. Broad Street Aurora, CO 80014 Richmond, VA 23219-1849 (303) 755-4756/Toll Free (800) 451-5246 0 (804) 692-1280/Toll Free: (800) 362-3678 Fax: (303) 755-1339 Web: http://www.adopt.org/ E-mail: [email protected] va/browse.htm Web: www.adoptex.org E-mail: [email protected] Adoption and Resource Exchange WASHINGTON STATE for Single Parents (ARESP) 8605 Cameron Street, #220 Northwest Adoption Exchange Silver Spring, MD 20910 600 Stewart Street, Suite 1313 (301) 585-5836 Seattle, WA 98101 Fax: (301) 585-4864 0 (206) 441-6822/Toll Free: (800) 927-9411 E-mail: [email protected] Fax: (206) 441-7281 Web: www.aresp.org Web: http://www.nwae.org E-mail: [email protected] Children Awaiting Parents, Inc. 700 Exchange Street WEST VIRGINIA Rochester, NY 14608 (716) 232-5110 West Virginia Department of Fax: (716) 232-2634 Health and Human Resources E-marl: [email protected] West Virginia's Adoption Resource Web: www.capbook.org Network 350 Capitol Street, Room 691 National Adoption Center Charleston, WV 25301 1500 Walnut Street, #701 0 (304) 558-2891 Philadelphia, PA 19102 Fax: (304) 558-8800 (215) 735-9988/Toll Free (800) 862-3678 Web: http://www.adopt.org Fax: (215) 735-9410 E-mail: [email protected] E-mail: [email protected] Web: www.adopt.org 0 WISCONSIN Northwest Adoption Exchange 0 Special Needs Adoption Network 600 Stewart Street, #1313 1126 S. 70th Street, Suite N509A Seattle, WA 98101 Milwaukee, WI 53214-3151 (206) 292-0082/Toll Free (800) 704-9273 (414) 475-1246 Fax: (206) 441-7281 Fax: (414) 475-7007 E-mail: [email protected] Toll Free: (800) 762-8063 Web: www. nwae.org Web: http://www.wiadopt.com E-mail: [email protected] Southeastern Exchange of the U.S. (SEEUS) WYOMING P.O. Box 1453 Greenville, SC 29602-1453 The Adoption Exchange (864) 242-0460 14232 East Evans Avenue Fax: (864) 242-8176 Aurora, CO 80014 E-marl: [email protected] (303) 755-4756/Toll Free: (800) 451-5246 Web: http://www.adoptex.org E-mail: [email protected] 0 0 0 O MILITARY FAMILIES 0

Adoption Exchange Association 14232 E. Evans Avenue 0 Aurora, CO 80014 (303) 755-8152 Fax: (303) 755-8293 0 National Military Family 0 Association 6000 Stevenson Avenue, #304 0 Alexandria, VA 22304 0 (703) 823-6632 Fax: (703) 751-4857 E-maih [email protected] Web: www.nmfa.org

JEWISH ADOPTION 0

Jewish Children's Adoption Network P.O. Box 16544 0 Denver, CO 80216 0 Web: www.users.uswest.net/-jcan SPECIAL NEEDS 0 ADOPTION

AASK (Adopt A Special Kid) 0 287 17th Street, #207 Oakland, CA 94612 (510) 451-1748 Fax: (510) 451-2023 E-maih [email protected] Web: www.adoptaspecialkid.org 0 Adopt America Network 1025 N. Reynolds Road Toledo, OH 43615 0 (419) 534-3350/Toll Free (800) 246-1731 Fax: (419) 534-2995 E-mail: adoptamer~aol.com 0 Web: www.adoptamerica.org

0 0

0 Post-Adoption post-adoption contact on anyone over Contact Statutes their objection. The adoptive parents and the child, if over the age of 12 or Joan Heifetz Hollinger prepared this 14, must request or agree to maintain Appendix for the 1999 Release of contact with the child's birth parent, or Adoption Law and Practice 2 vol. in some cases, a sibling, grandparent, (Matthew Bender Co., 1988-99). This or other relative. Finally, the best 0 excerpt has been updated to take interests of the child standard is account of legislatT"ve developments at supposed to govern judicial decisions the end of 1999. to approve, modify, or enforce post- adoption contact agreements, and a few STATES WITH STATUTES of the statutes say that in determining THAT RECOGNIZE OPEN whether to approve or enforce an ADOPTION AGREEMENTS agreement, the court should consider FOR DIFFERENT KINDS OF the effect of continued contact on the POST-ADOPTION stabihty and autonomy of the adoptive CONTACT BETWEEN family. 0 MEMBERS OF ADOPTIVE Beyond these common features, the AND BIRTH FAMILIES statutes vary greatly. Some apply to all 0 adopted children whether placed pri- 0 As of January 2000, at least 17 states vately or through the public child wel- have enacted statutes that allow courts fare system; others apply only to older 0 to approve certain kinds of open adop- children adopted from foster care or tion or post-adoption contact agree- by relatives. Some require the consent ments entered into during an adoption of the agency and the child's guardian proceeding. Most of these statutes ad litem (GAL) as well as of the adop- include the substantive legal rule stated tive parents; others restrict enforce- in the Uniform Adoption Act (UAA) able post-adoption contact privileges to §3-707 (1994) that the validity of a decree a birth parent; others permit adoptive of adoption .... may not be challenged parents to enter potentially enforceable for failure to comply with an agreement agreements with their child's biologi- for visitation or communication with an cal sibling, grandparent, or other indi- adoptee. The remaining statutes con- viduals with significant emotional ties tain a version of the UAA rule, such as to the child. Some encourage media- 0 the existence of, or failure to comply tion in the event of a dispute and pro- with, an agreement for post-adoption vide for the recovery of costs, including visitation or communication is an insuf- attorney's fees, by a prevailing party in ficient basis for setting aside, vacating, a litigated dispute; most are silent about or revoking an adoption decree, a con- the procedures applicable to enforce- sent, a relinquishment, or an order ter- ment actions. minating parental rights. 0 In addition to recognizing that Alaska Stat. 25.33.130(c} [court can agreements for continuing contact approve agreement for post-adoption between adoptive and birth families visitation with birth parents and other can co-exist with a legal adoption, and birth relatives; case law indicates that, not threaten its security or finality, when warranted by the child's best these statutes also provide, or courts interests, the court can fashion an have construed them to provide, for open adoption order even when parties a separate civil action to specifically cannot agree; however, a parent whose enforce or modify these agreements rights have been involuntarily termi- until the adopted child's 18th birthday. nated cannot insist on being allowed to Among the other important features have contact with child (In re Adoption these statutes have in common are that of A.F.M., 960 P.2d 602 [Alaska 1998])]. they do not authorize courts to impose 0 0

Arizona: 1999 Ariz. ALS 347 add to grant post-adoption visitation privi- 0 §8-116.01 [court can approve agree- leges to a birth parent; enforceable or 0 ment for post-adoption communication modifiable by court that entered adop- upon finding agreement is in best inter- tion decree]. ests of child and that it is accepted by adoptive parents, birth parent, child if Md. Code Ann., Fam. L. §5-312 (e) 0 12 years or older, and agency represen- [adoptive parent and a non-consenting tative if child was in agency custody; natural parent may agree to visitation 0 agreement shall state that adoptive privileges with child by parent or 0 parent may terminate contact between siblings; not clear if agreements can the birth parent and the adoptive child be made with consenting as well as at any time if adoptive parent believes non-consenting parents when child contact is not in child's best interests; is adopted by unrelated adults; not agreement is enforceable in court only clear if court approval is required nor after good faith effort to mediate dis- if agreement is enforceable, although 0 putes is unsuccessful]. cases indicate courts will enforce agreements between non-custodial parent California Kinship Adoption and adoptive stepparent subject to best Agreements, Fam. Code §8714 interests finding Weinschel v. Strople, [applicable only to children adopted 466 A.2d 1301, 1305 (Md. Ct. Spec. App. by relatives as broadly defined; subject 1983)]. to a best interests finding, court can 0 approve written agreement by adoptive Massachusetts 1999 Mass ALS 3; parent, child if over age 12, and birth 1999 Mass. H.B. 3965; amends ch. parents, siblings, or other birth relatives 210 [allows consensual post-adoption for post-adoption visitation or contact contact agreements between birth and 0 and information-sharing in future years; adoptive parents, best interests test, enforceable in civil action but only after validity of adoption not affected by exis- good faith efforts to resolve dispute tence of post-adoption contact agree- through mediation or other non- ment; agreement may be enforced in adversarial process]. action for specific performance].

Florida Stat. §39.811(7)(a) and (b): Minnesota Code §259.58 [applicable [at termination of parental rights hear- only to children who have resided with ing for child in state custody, court may a birth relative before being adopted; 0 order continued contact with child by subject to best interests finding, court 0 birth parents, siblings, or other rela- can approve agreement for post-adop- tives, if in child's best interests and tion communication or contact with pending adoption; order is reviewable child if agreement is signed by adop- at adoption hearing and, by implication, tive parents, birth relative, and agency may be continued subject to agreement that has legal custody of child; enforce- by adoptive parents and favorable rec- able or modifiable by court after parties ommendation by child's GAL or other attempt to mediate dispute; for child representative]. subject to ICWA, birth relative includes extended family members as defined by Indiana Code §31-3-1-13 [applicable tribal custom]. only to children age 2 or older who have significant emotional attachment Montana Code Ann. §42-5-301 to a birth parent who has consented [written agreements between the to adoption or voluntarily terminated placing parent and adoptive parents parental rights; subject to a best inter- for post-adoption contact or ests finding and favorable comments by communication are subject to public agency or child's GAL, court can enforcement independently of the approve written agreement by adoptive adoption proceedings unless the court parents and child, ff 12 years or older, finds enforcement is detrimental to the 0 child, undermines the adoptive parent's Ronald D., Sr., 1998 N.Y. Misc. Lexis parental authority, or, because of a 153); parties to independent private change of circumstances, compliance adoption may enter post-adoption would be unduly burdensome for one contact agreements, but cases indicate or more of the parties]. that these are purely voluntary and not subject to court approval (In re Adoption Nebraska Code Ch. 43 Infants of Baby Boy D., 1998 N.Y. Misc. Lexis §§43:162-165 [written agreements 318 (Erie Co. Surr. Ct, 1998)); under between adoptive and birth parents some circumstances, courts may have for post-adoption communication or equitable authority to enforce visitation contact can be approved by court by siblings or grandparents when they subject to best interests finding based had significant prior relationship with on specific factors, including whether child]. child and birth parent lived together for substantial period, degree of attachment Oregon Code §109.305 [court can or bonding between child and birth approve written agreement by adop- parent, and whether adoptive parent tive parents, birth parents, and child was child's foster parent until birth to permit continuing contact between parent voluntarily relinquished parental child and birth relatives; enforceable or rights; agreements can be enforced or modifiable in civil action after parties modified in civil action and prevailing attempt to mediate dispute]. 0 party can be awarded costs and attorney's fees]. Rhode Island Gen. Laws §15-7-14 [court can approve post-adoption priv- New Mexico Stat. Ann. §32A-5-35 ileges to a birth parent who has con- [subject to a best interests finding, court sented to adoption or voluntarily termi- can approve an open adoption agree- nated parental rights; subject to writ- ment between adoptive parents and a ten agreement by adoptive parents and birth parent or other birth relatives for child, if 12 years or older, and to best future exchange of information or visi- interests finding based on specific fac- tation; enforceable or modifiable in civil tors, including significant emotional action if in child's best interests]. attachment between the child and the birth parent and recommendations of New York Soc. Serv. Law child's CASA or GAL or child-placing §383-c(5)(b) [applicable only to agency; enforceable or modifiable in 0 children in foster care who are civil action]. voluntarily surrendered by birth parent to public agency; court can approve South Dakota Cod. Laws §25-6-17 birth parent's explicit reservation of [birth and adoptive parents may enter post-adoption communication or written agreement for post-adoption visitation privileges in the written visitation or contact; nonetheless, post- surrender; cases indicate that birth adoption visitation is an extraordinary parent with these reserved privileges remedy and may be exercised only by cannot challenge validity of the the adoptive parents when in the child's surrender, but has standing to seek best interests]. enforcement in later civil action against adoptive parents ( In re Sabrina H. and Washington State §26.33.295 [sub- Allan H., 666 N.Y.S.2d 531 (A.D. 1997); ject to finding that post-adoption com- In re Patricia YY, 656 N.Y.S.2d 414 (A.D. munication or contact with birth parent 199D; In Re Alexandra C., 157 Misc. 2d. is in child's best interests, court can 262, 596 N.Y.S.2d 958 (1993)); adoptive approve written open adoption agree- parents are not party to birth parent's ment signed by adoptive parents, birth surrender, but, by implication, have to parent, child's attorney or GAL, and enter separate agreement with agency agency that has legal custody of child; to honor terms of surrender (In re enforceable or modifiable in civil action O

and prevailing party can be awarded enacted statutes that do not allow O costs and attorney's fees]. judicial recognition or enforcement of post-adoption contact or visitation, but West Virginia Code §48-4-12(e) specifically provide that an adoption is [subject to a determination of child's not invalid because of the existence of best interests, court has discretion to a discretionary private agreement for O enforce an agreement for post-adop- post-adoption contact or visitation. tion visitation or communication with the child; no express provisions con- Missouri 1998 S.B. 674: [court shall cerning who may be a party to this not have jurisdiction to deny continu- agreement]. ing contact between adoptee and birth 0 parent, or between adoptive parent and Note: As of March 1999, legislation birth parent; but statute has no pro- similar to that in Indiana, Nebraska, vision for enforcing an agreement for Minnesota, and Rhode Island was pend- continuing contact; parties have discre- ing in Kansas and several other states. tion to decide for themselves whether [Kansas Bill was defeated Spring 1999; to have contact and what kind of con- as drafted, it would have allowed courts tact to have]. to impose post-adoption contact agree- O ment on adoptive parents, whether or Ohio Rev. Code Ann. §3107.62-63: not parents had objections]. [birth parent who voluntarily places child for adoption can ask agency or O STATES THAT EXPRESSLY attorney who arranges the placement 0 RECOGNIZE NON-BINDING to help negotiate a non-binding open OPEN ADOPTION adoption agreement with the adoptive AGREEMENTS parents].

In contrast to the states listed in the Tennessee Code Ann. §36-1-121: previous section which have enacted [court shall not place any conditions on 0 statutes that expressly authorize courts child's adoption; any provision in court to approve and enforce agreements for order or written agreement between post-adoption contact in certain kinds birth parent and adoptive parents of adoptions, most other states neither requiring visitation is void and of no prohibit nor permit these agreements. effect whatsoever; except that adoptive Adoption attorneys and private as well parents are not prohibited, in their sole as public agencies generally assume discretion, from allowing birth parent, 0 that courts will not prevent adoptive sibling, or other birth relatives from parents from agreeing to allow a child's visiting or communicating with child]. birth parents, siblings, or other birth relatives to maintain some kind of PROPOSALS IN MODEL contact with the child and the adoptive STATE LAWS AND family. They further assume that these FEDERAL GUIDELINES agreements will be based on mutual CONCERNING POST- trust and respect, not on court orders, ADOPTION CONTACT and are modifiable or terminable at the parties' own discretion. Nonetheless, The Proposed Uniform Adoption Act there is a risk that some state courts (UAA) approved by the Conference on will rule, as they have in the past, that Uniform State Laws in 1994 and by an adoption can be set aside because the American Bar Association in 1995, a contact or visitation agreement is requires that adoptive parents be pro- deemed to contradict the transfer of vided with all reasonably available med- all legal rights and duties from the ical, social, and other non-identifying birth to the adoptive parents which is a information available about an adoptee basic consequence of a legal adoption. and the birth family. The UAA allows To avoid this risk, some states have birth and adoptive parents to share as much or as little identifying informa- agreements in the context of adoptions tion as they wish to share during and of children who have been subject to after the adoption proceeding. state custody and have spent time in Adoptive parents are the legal par- out-of-home care. ents of the adoptee for all purposes and have all the rights and duties of EXCERPT ON OPTIONS FOR the parent-child relationship. Because PERMANENCY adoptive parents have the legal right to decide who may or may not have con- The following excerpt is from the tact with their adopted child, they are Children's Bureau of the U.S. Health not precluded from allowing birth rela- and Human Services Guidelines pub- tives to maintain contact, including visi- lished in October 1999. The Guidelines tation, with the adoptee after the adop- are available for downloading from tion is final. The UAA has specific pro- Children's Bureau website: http://www. visions for court approval and enforce- .dhhs.gov/programs/cb/ ment of post-adoption contact or visitation agreements only in the context of Post-Adoption Contact Agreement: an adoption by a stepparent. In other State law should authorize a court termi- kinds of adoptions, the parties" agree- nating parental rights or granting adop- ments are based on mutual trust and tion of a child in foster care to approve respect. As a proposed uniform state an agreement by the adoptive parent or 0 law, the UAA does not prevent a par- parents to allow post-adoption contact ticular state from enacting additional between the child and a birth parent, provisions, including provisions for sibling, grandparent, or other relative enforcement or recognition of open or individual who has a significant emo- 0 adoption agreements. tional tie to the child. State law should In contrast to the UAA which applies provide for the legal enforcement of an primarily to direct placement or pri- agreement for post-adoption contact, vate agency adoptions, the 1997 federal subject to the following: Adoption and Safe Families Act (ASFA) of 1997, P.L. 105-89, Sec. 104, applies (a) Adoption is irrevocable, even ff the to public child welfare agencies, states, post-adoption contact agreement and other entities that receive federal is violated, modified, or set aside; funding and are involved in placing (b)A birth parent's voluntary relin- 0 dependent, abused, or neglected chil- quishment of parental rights may 0 dren in foster care or permanent adop- not be set aside ff a post-adoption tive families. In shifting federal child contact agreement is violated, welfare policy towards achieving per- modified, or set aside; manency for children whose original (c) The court may approve the post- families are unable to care for them, adoption contact agreement only ASFA favors prompt actions to termi- if the parties agree, including the nate parental rights and to place chil- child if over the age of 12, and the dren with a new permanent family, court finds that the agreement is preferably an adoptive family. Although in the best interests of the child; ASFA itself does not provide for open (d) The court may approve post-adop- adoption or post-adoption contact t-ion contact ranging from occa- agreements, a Work Group of more than sional exchanges of cards, photo- forty child welfare and legal experts graphs and information to regular convened by the Children's Bureau of personal visits in whatever level of the U.S. Dept. Health & Human Ser- detail agreed to by the parties and vices to draft Guidelines for State Leg- the court deems appropriate; islation to Implement ASFA and other (e) Any party to the post-adoption Federal Adoption Initiatives is recom- contact agreement may petition mending that states enact legislation the court to modify the agreement, 0 that recognizes post-adoption contact order a person to comply with the agreement, or terminate the agreement; (f) The court may order compliance, modify, or terminate the post- adoption contact agreement only if the parties agree or circumstances have changed and the court finds 0 the request is in the best interests of the child. The court may use its contempt power to enforce com- 0 pliance as appropriate.

0 Statutes and Court Rules that 0 Expedite the Appellate Process

Research performed by Conn/e A. Cr/m, 0 Staff Attorney, and Jo-E1Huck, Research Assistant, to Justice Evelyn Lundberg Stratton of the Supreme Court of Ohio.

Alabama: Ala. Code §26-10A-16. Nevada: Nev. Sup. Ct. R. 251.

Alaska: Alaska R. App. P. 218. New Mexico: N.M. Stat. Ann. §32-A-1-17 (B). Arizona: Ariz. Rev. Stat. §8-235; Ariz. Juv. Ct. R. P. 24. New York: N.Y. Dom. Rel. Law §112-a. California: Cal. R. Ct. 39.1A; Cal. 0 Civ. Proc. Code §45. Ohio: Ohio R. C. 3107.16; Sup. Ct. Rules of Prac. Colorado: Colo. Rev. Stat. IL m, w, v, vI, IX, x, §19-1-109. xI.

Florida: Fla. Stat. C1. §39.815. Oklahoma: Okla. Stat. tit. 10, §7505-7.1; Okla. Sup. 0 Hawaii: Ha. Rev. Stat. §571-54. Ct. R. 1.34. Illinois: 750 Ill. Comp. St. 50/20. Oregon: Ore. R. App. P. 10.15.

Indiana: Ind. Code §31-19-14-1. South Dakota: S. D. Codified Laws §15-24-3. 0 Iowa: Iowa R. App. P. 17. Tennessee: Tenn. Code Ann. §36-1- Louisiana: La. Sup. Ct. R. 34; La. 124(b). Ct. of App., 2nd Cir. Rule 6-1; La. Stat., Art. Texas: Tex. Fam. Code Ann. 1143. §109.002.

Maine: Me. Rev. Stat. Ann. Tit. Vermont: Vt. Stat. Ann. tit. 15A, 18-A. §9-309. §3-706.

Maryland: Md. Code Ann.; Cts Washington: Wash. Rev. Code Jud. Pros. 8-207. §26-33.260(2).

Michigan: Mich. R. Admin. Order West Virginia: W. Va. Code §48-4-12. 1981-6. Wisconsin: Wis. Stat. §48.915; Wis. Montana: Mont. Code Ann. R. App. P. 809.107. §42-2-619; Mont. Code Ann. §42-5-203.

Nebraska: Neb. Rev. Stat. § 43-2, 106.01. eOI 0 0 0

0 0 0

0 degree to which the child exhibits Adoption curiosity, a decrease over time Disruption in the parent's ability to meet the child's need for attention, a No child who needs a permanent decrease over time in the child's home should be considered unadopt- ability to show spontaneous affec- able. However, for children with spe- tion, and a decrease over time cial needs being adopted from the child in whether the child cares about protection system, occasional adoption whether a parent approves of disruption cannot be avoided. It is behavior, were found to relate to important to note, however, that one disruption. or more adoption disruptions does not Sibling placements: placement of a preclude a child from a future success- child in a home with other non- ful adoption finalization. (See Appendix sibling adopted children or biolog- E, Profile 3 for an example of a success- ical children is a risk factor; sibling ful adoption for a child with prior dis- placement has some correlation to truptions.) stability. Studies of adoption disruption consistently find rates of between 10% and Be Family Characteristics 20%, with no significant differences between the percentages of adoptions Age of parents: older parental 0 that disrupt before and after finalization age is associated with adoption of the adoption. 1 The factors contribut- stability. ing to disruption include many which • Two- and single-parent families: can be addressed by improving court single parent adoptions are no and agency practices in child protec- more likely to disrupt than two- tion cases. parent adoptions. Among the factors associated with • Working mother: a working adoption disruption are: 2 mother is not associated with greater risk of disruption. A. Child Characteristics • Household income: most studies have not found a correlation • Demographic characteristics: in- between family income and crease in age of children is asso- stability. ciated with increased disruption • Transethnic adoption: most studies rates; gender and race are not have not found a relationship found to be factors. between transethnic adoptions • Historical characteristics: multiple and disruption. placements and previous disrup- • Social support: families with little tions increase risk of disruption; social support have greater risks of whether parental rights were ter- disruptions, and relative support is minated voluntarily or involun- more critical to adoption stability tarily does not appear to be a than is support from friends and factor. acquaintances. • Special problems or needs: emotional, physical and cognitive dis- C. Service Characteristics abilities are risk indicators for disruption, especially aggressive • System characteristics: the time behaviors, sexual acting out, and lag between referral and adoptive vandalism. placement is a significant contribu- • Attachment and family relation- tor to disruption. ships: definitions and identification • Recruitment, screening and assess- of specific factors are relatively ment: better information about the primitive, but a lowering rating process, the child, and services is a over time by the parent of the preventative to disruption. • Matching: attention to child and parent needs and expectations, and informed decision-making can lessen risk of disruption. • Availability of assistance: educational tutoring and subsidies for special schooling have been associated with adoption stability more than other post-placement services, family therapy and psycho- therapy have no relation to adoption stability.

Some risk of disruption must be accepted. While disruption rates of 5% are considered by professionals to be "acceptable" for adoptions of children out of foster care, unnecessary disruptions should be prevented by appropriate recruiting and matching of families to children, full disclosure of information about the child and the pro- 0 cess, behavior management training and information, and post-adoption services. Risks of disruption are still far less than risks of multiple placements in foster care. Further, adoption offers a far greater chance of continuity of the familial relationship after a child 0 reaches the age of 18.

Endnotes 0

1. Berry, M., Adoption Disruption, Adoption Policy and Special Needs Children, 1997. Auburn House, Westport, CT. 0 2. Ibid.

0 Reports from October 1, 1999. Two NCJFCJ An area in which the NCJFCJ and the Multnomah County Juvenile Court Model Courts determined that improvements could be made was in the Initial Shelter Hear- THE EXPEDITED ing process. Currently ORS 419B.183 ADOPTION PROJECT OF requires that a shelter hearing be held MULTNOMAH COUNTY, within 24 hours whenever a child is OREGON taken into protective custody. Usually the State Office for Services to Chil- Prepared by Connie L. Isgro, Juvenile dren and Families (SOSCF) caseworker Court Referee, Multnomah County has minimal information at that shelter Juvenile Court, Portland, Oregon. hearing about the family and the issues that brought the child or children before In the spring 1997, the Multnomah the court. For example, information is County Juvenile Court in Portland, often unavailable within those first 24 Oregon was selected to participate in hours regarding paternity, the where- the Expedited Adoption Project as a abouts of the parents or relatives, and study site. In April 1997, a represen- the applicability of the Indian Child Wel- tative of the National Council of Juve- fare Act (ICWA), among other issues. 0 nile and Family Court Judges (NCJFCJ) Beginning November 6, 1998, the came to Multnomah County to assess Multnomah County Juvenile Court the procedures utilized in this court to implemented a system of scheduling adjudicate dependency cases, to ter- dependency (abuse/neglect) cases for minate parental rights, and to obtain a second Shelter Hearing within 7-14 permanency for children, including days of the Initial Shelter Hearing. The those awaiting adoptive placement. The Initial Shelter Hearing occurs as before NCJFCJ also met with representatives with the court making as many findings of the State Office for Services to as possible with respect to identifying Children and Families (SOSCF) to the parents and the issues involved. evaluate agency practices for perma- A probable cause finding can usually nency planning and adoptive place- be made and many times at least one ment. This assessment found that Mult- parent is present. By the conclusion of nomah County had many strengths in the Initial Shelter Hearing, the court its process, but also had areas where identifies a list of "tasks" needing reso- further improvements could be made. lution for the second Shelter Hearing New legislation passed in 1997 by (such as locating a parent in a cor- the Oregon Legislature substantially rectional facility and obtaining service, changed the child welfare system in this clarifying paternity issues and ICWA state. The new statute requires reunifi- issues or developing a safety plan for cation of a child with the birth parents return of the children). The second to occur within one year. If reunifica- Shelter Hearing is then scheduled in tion does not occur in a year, there is court and the date written on the Initial a rebuttable presumption that it is in Shelter Order, a copy of which is given the best interest of the child to halt ser- to the parents, the caseworker and all vices to reunify a family and move to attorneys present. 0 implementation of an alternate (concur- At the second Shelter Hearing, the rent) plan. These changes took effect in court reviews the outstanding issues October 1997. and modifies the Initial Shelter Order in Legislation was passed in 1999 by the any manner necessary. Newly located Oregon Legislature further changing parents are served and counsel the child welfare laws to bring them appointed. This new process has into compliance with the Adoption and reduced set overs caused during the Safe Families Act. The ASFA amend- adjudication process due to late service ments to the Oregon statutes took effect and late appointment of attorneys. Discovery is provided to all parties court. This issue was of particular con- earlier in the process, resulting in cern in light of the strict time lines 0 cases settling more quickly and faster regarding reunification under ASFA. adjudications. Prompt adjudication To address this problem, the court's of cases will move children toward jurisdictional order was re-drafted to permanency in a more timely manner provide specificity for time lines for ser- as now required by ASFA. vices to be completed by both the par- With a long-term goal of developing ents and SOSCF. SOSCF caseworkers a system for coordinating adult pro- are also encouraged to bring to court bation requirements and juvenile court hearings service agreements that set dispositional requirements for parents, out specific time lines for commencing the Multnomah County Juvenile Court, and finishing services. in conjunction with the Multnomah Another issue identified as a barrier to County Department of Juvenile and permanency for children was the delay Adult Community Justice, initiated the in finalizing adoptions for children freed "Probation Communication Project." through termination of parental rights The initial goal has been to improve or voluntary relinquishments, recogniz- information available at the shelter ing that permanency is not achieved for hearing stage of a case and to initiate these children until an adoption decree contact with a parent's probation or is signed. In 1997 a statute was passed parole officer. Currently, when the daily to allow the adoption of a child freed by shelter hearing docket is compiled in the state through termination of paren- 0 the morning, a Corrections Technician tal rights or relinquishment in the juve- is provided with the parents' names for nile court to finalize in the juvenile court the children on the docket to deter- without the filing of a separate adoption mine if a parent is or has been on pro- petition. In cooperation with SOSCF, bation or parole or is incarcerated and a protocol was developed to provide in which correctional facility. This infor- guidance for attorneys in utilizing this mation may be obtained as soon as the process. In addition, a judicial commit- 0 Initial Shelter Hearing and is usually ment has been made to set for review available by the second Shelter Hear- the case of every child freed for adop- ing. After a year of successful imple- tion within 90 days of the conclusion of mentation of this process as a pilot proj- a termination proceeding for the pur- ect, funding was obtained for a full- pose of assessing progress towards time, permanent Corrections Techni- adoptive placement and finalization. cian. This will provide the capacity to A strength in Multnomah County, 0 follow up on referrals to probation and indeed in the State of Oregon, is or parole officers, to assist probation the large number of adoptions with or parole officers in connecting with contact that occur. Approximately one- SOSCF caseworkers and to develop fur- third of all children freed for adoption ther methods for information sharing in Oregon are freed through voluntary and collaboration between systems. relinquishment. Many, if not most, of An evaluation of this second Shelter these relinquishments are the result of Hearing process by the NCJFCJ Vic- a mediated agreement allowing some tims of Child Abuse Model Court Project post-adoption contact - from pictures is currently underway. This evaluation is sent once a year to regular face-to-face focusing on both process and outcome contact with the birth parent. Oregon measurements, using hearing observa- has been mediating termination of tions, interviews with key participants parental rights cases since 1992. In Sep- in the process, and an archival case file tember 1998, mediation became more review. widely available throughout the state. Lack of clarity and specificity in the The judges and referees in service agreements being prepared by Multnomah County strongly encourage SOSCF and in court orders was another the use of mediation in the termination area requiring improvement in this of parental rights process. Mediation is discussed by the court in hearings manner. Since 1998, SOSCF has made as soon as it appears that the case much progress through this initiative. is moving toward the termination Resources were re-deployed early in process, even before a petition to cases to locate relative placements and terminate parental rights is filed. The to conduct more timely adoptive home use of mediation toward post-adoption studies of relatives. Efforts were made communication agreements is to strengthen working relationships addressed at every subsequent stage in with private adoption agencies and to the termination process. An important provide incentives to those agencies aspect of the success of mediation to assist in placing hard to place chil- and voluntary relinquishments in dren in adoptive placements. Addi- Multnomah County is the dedicated tional funding was obtained to expand and knowledgeable members of the adoption mediation and to obtain legal defense bar who support their clients assistance (from the district attorney being informed of all their options, or attorney general) for prosecution of including mediation. termination of parental rights cases. In order to further facilitate discussion Efforts were expanded to recruit for toward voluntary relinquishment of adoptive placements, including authori- parental rights or other settlement of zation for additional adoption workers, a termination petition, since March and to provide post-adoptive support 1998, hearings entitled "Best Interests for these families. Additional adoption 0 Hearings" have been scheduled in committees were convened to choose every termination proceeding. These and designate adoptive homes more hearings, scheduled after the Initial quickly. (The Oregon adoption com- Appearance on the termination petition mittee process requires that the deci- but before the Pre-trial Conference, are sion for adoptive placement be made set before the judge or referee who has by a three-member committee after been assigned to the case and who reviewing several families interested in 0 is very familiar with the parents and the a child.) issues and with whom the parents have SOSCF developed a new information developed a relationship. The objective system, Adoption Recruitment Man- of the Best Interest Hearing is to agement System (ARMS) to better track resolve the case without proceeding cases through the adoption process to an adversarial, lengthy termination and to assist in matching children with trial. This provides the judge or referee potential adoptive families. In Federal with an opportunity to frankly discuss Fiscal Year (FFY) 1998, SCF finalized the parents' options with the parents. 666 adoptions statewide, an increase of Parents may decide to relinquish their 50% over the ASFA baseline. In FFY rights at this hearing. Because this 1999, the number of finalizations rose is a mandatory court appearance, if to 765 and finalization of between 800 the parent fails to appear for the and 850 adoptions is predicted for FFY hearing, the parent's parental rights 2000. are terminated. As a result of the In September 1998, the Muitnomah implementation of the Best Interest County Juvenile Court became the 14th Hearing and the support of the Victim's ACt Model Court in the NCJF- mediation process, few termination of CJ's Victims of Child Abuse Model 0 parental rights petitions are actually Court Project. As part of this project, this litigated in the Muitnomah County court has reviewed these past accom- Juvenile Court. Accordingly, fewer plishments, assessed areas of continu- termination cases are appealed and ing concern and has developed a list permanency is expedited for children. of additional goals. Included in these In July 1998, SOSCF initiated the fu~re goals are ongoing efforts toward "Oregon Adoption Reform Strategic expediting the adoption process and Plan" with the goal of placing children providing timely permanence for our into permanent homes in an expeditious children. HAMILTON COUNTY same g0al of permanency planning. JUVENILE COURT Children's Services implemented a risk EXPEDITED ADOPTION assessment in all cases. The agency cre- PROJECT IN CINCINNATI, ated a case-staffing model to include OHIO all family members and the professionals associated with the family in order Prepared by Lisa Portune, former to create viable solutions to unstable Dependency Supervisor, and Carla family situations. Children's Services, Guenthner, Dependency Magistrate, working with the court and community Hamilton County Juvenile Court, to create a better system for admin- Cincinnati, Ohio. istering alcohol and drug treatment, created the Impact Program with the The Hamilton County Juvenile Court Alcohol and Drug Addiction Services has been serving as a Model Court for Board (ADAS). Alcohol and drug ser- the NCJFCJ Victims of Child Abuse vices, both in-patient and outpatient, Project for 10 years. Following the over- are now available no longer than 72 whelming changes accomplished in the hours from the original assessment, court system from the late 1980s to early which occurs within 24 hours of the ini- 1990s, the court turned its attention to tial request. adoption. Large numbers of children Open communication is essential lingered in foster care without hope when many agencies work together for of adoption into loving, stable families. a common goal. To create open com- 0 Obstacles to adoption seemed insur- munication, the administrative judge, mountable without a concerted effort the court administrator, the adminis- to remove them. trative magistrate and the directors of During the early years of reform, each agency involved in the depen- the Hamilton County Juvenile Court, dency system formed an executive working hand in hand with the Ham- committee that convenes quarterly to ilton County Department of Human address policy issues. A management 0 Services, led the effort to remove or committee comprised of the adminis- alleviate barriers to permanency for trative magistrate, the lead dependency dependent children. Various legislative magistrate and administrators of each changes undergirded the moderniza- agency meet monthly to resolve day-to- tion of the adoption system. The most day systemic issues that directly impact important change was the shift of over- the handling of child abuse and neglect sight responsibility from the child-serv- cases. Regular, frequent communica- 0 ing agencies back to the court. The tion sessions have eliminated blame court took the lead in creating per- and delay. manency for children, holding other The early innovations of the Juvenile agencies accountable. Other changes Court dependency system lowered the included timely hearings where adju- number of children in care and cus- dication and disposition were reached tody, yet serious issues continued. Ter- within 90 days of the complaint filing, minations of parental rights were being increased review hearings, statutory granted at significantly higher rate than time frames which supported reunifi- children were being placed in adoptive cation within one year, one judge for homes? There was an explosion of chil- the life of the case, and an innovative dren in permanent custody status wait- case tracking system. Ohio Senate Bill ing for adopting families. 89 mandated timely hearings and spe- Confusion about agency procedures cific statutory time frames for children clouded issues of case transfer, recruit- in care and custody, but also ensured ment of adopting families, and matching each child's interests were represented children with families. A recent decision by a guardian ad b'tem. to contract with a community provider The court has encouraged change for needed services has increased effec- in the other agencies that shared the tiveness for agency adoption units. The court's role in the increased number of More importantly for the children children entering a permanent commit- waiting for adoptive homes, an ment status and the length of time these average 60% already have com- children remain in permanent commit- pleted, approved home studies. ment is also being studied. Evenings, weekends, and holidays attract the most website visits. The Juvenile Court heads the following five projects resulting from the Data collected from the website multi-system approach to expedited reveals that the vast majority of vis- adoption: itors seek information about adopting children with special needs, . The Tri-State Adoption Coalition not healthy infants. To date, six (TSAC) was created through a children have been placed with partnership with Wendy's Inter- adoptive families as a result of the national in order to aid timely website. adoption. TSAC is a tri-state, multi-county adoption initiative, . A task force of CASAs, Children's bringing together the efforts of Services supervisors, guardians ad agency personnel, court officials, litem, counsel for parents, prose- and related professionals from 23 curing attorneys, and magistrates counties in Indiana, Ohio and Ken- reviewed the process of termina- 0 tucky. Formed in early 1997, TSAC tion of parental rights and per- became incorporated in May 1998. manent placement. After much TSAC focuses on recruitment of discussion and debate, committee prospective adoptive families. Its members agreed on six areas mission is to identify and address needing further examination: rel- local, state and regional barriers ative and foster care to adoption; to adoption and to increase aware- mediation and openness in adop- ness of special needs adoption. tions; agency case transfers and the matching selection process; . Hamilton County Juvenile Court recruitment and partnerships in led the effort to create a county the community; permanency deci- adoption website at http:// sion-making; and expedited litiga- www.hcadopt.org. The site offers tion and appeals. photographs and brief descriptions of special needs children Subcommittees comprised of rep- awaiting adoption, listing their resentatives from each depen- physical, mental, emotional, and dency stakeholder agency were learning difficulties. Visitors to formed to develop recommenda- the website can also obtain tions for change or reform in each information on application and of the focus areas. The executive pre-adoptive home study pro- committee approved the task force cedures. Website visitors can recommendations, and the man- easily enter the characteristics of agement committee is formulating the types of children they would strategies for implementation. Cre- be interested in adopting. ative thinking has replaced blame since this diverse and interested Since October 1, 1997, when the group of people came together for site went online, it has accumu- positive change for children. lated an estimated 43,000 "hits," or visits. Prospective adoptive parents . Early in the process, the need for have submitted more than 1,000 specialized data emerged as an messages in the guest book, and, essential component in the court on average, 60% have expressed improvement program. Hamilton interest in adopting sibling groups. County was able to identify the resources needed to implement an criteria to be used in creating entirely new system of informa- reports on the data collected. tion services. Computerized data was gathered and stored in the . In August of 1998, Hamilton following areas: demographic and County was awarded a three-year case specific details on families federal grant to fund an Adoption and children; movement of cases Mediation Pilot Project. This proj- through the court and related ect is a collaborative effort with the agencies; information on trends in Hamilton County Juvenile Court court practice; performance sta- and the Hamilton County Depart- tistics on parties involved in the ment of Human Services. The proj- court process; and generation of ect is designed to make the choice court orders consistent in appear- to free a child for adoption an ance between courtrooms, which easier choice for families. Birth are available for immediate use families may also now participate and which instantly update the in the creation of the terms of data base. an adoption, thereby avoiding an adversarial and expensive trial. In the early 1990s Hamilton County Increased cooperation between Juvenile Court installed a state- parents, the court, various agen- of-the-art case tracking system cies, and prospective adopting par- allowing more effective analysis ents is the overall goal of Adop- 0 of dependency caseloads. Detailed tion Mediation. Adoption Media- information included allegations tion quickly reduced docket time and findings for each child in the for permanent custody trials. family. The status of each child and each petition in the system Hamilton County Juvenile Court is immediately available to magis- will continue to participate in the trates and case managers (clerks), NCJFCJ Victims Act Model Court when special review hearings must Project and the Expedited Adop- be heard or custody status time tion Project. In doing so, the court frames near expiration. The system will strive to maintain a leader- is flexible enough to allow supple- ship role in the effort to bring mental petitions to be filed and permanency to the many children attached to the original petition depending on us. for processing and time tracking. 0 Appeals and objections are noted and documented. Endnote

Court hearings are tracked and 1. In 1995, parental rights were terminated in 153 cases while only 93 cases of children whose parental it becomes easier to meet time rights had been terminated were closed. guidelines for processing cases through the system. The system is now being upgraded with a graphical user interface devel- 0 oped with Microsoft products. Increased ability to interface with other Windows applications and an improved menu structure will create an even more user-friendly system. The new software allows the generation of entries in the courtroom, stores family histories, lists an index of interested parties, and offers a selection of multiple 0

Post-Adoptive and the Ohio Post-Adoption Special Services in Ohio Services Subsidy (PASSS). Because of the state's county controlled/state and lllinois monitored structure, these funds are passed through to each county for From the Preliminary Survey of Post- distribution. The county determines to Adoptive Services in Ohio, Illinois, whom and in what amount these funds Indiana & Michigan, prepared by are distributed. Barbara Seibel for the National Council As of 1999, OASS was funded at $44 of Juvenile and Family Court Judges, million annually. These funds are avail- June 1999. able for children with special needs who are adopted through a public or During the 1990s, juvenile and family private child welfare agency 2 for needs courts and child welfare agencies made identified prior to adoption finalization. significant gains in reducing the time The funds are generally directly pro- children spend in temporary care. One vided to the adoptive parent through outcome of this progress is an increase an increase in the monthly subsidy pay- in the number of children whose paren- ment. The funds received by the adop- tal rights have been terminated and tive family always require county match who are available for adoption. As dollars in addition to the state and fed- 0 courts and child welfare agencies work eral dollars. to improve the availability of adoptive This model of providing funds directly homes for these children, we must also to the adoptive parent to purchase ser- 0 recognize that many of these adopting vices was selected for three reasons. families will require supportive ser- First, by increasing the monthly subsidy vices throughout childhood and ado- payment to cover the cost of needed lescence. The availability of supportive services, the IV-E funding stream can services can be the determining factor be tapped for 60% of the costs for W-E in whether many adoptions of children eligible children. 3 Second, if the family with special needs succeed. moves out of state, the dollars can easily Maintenance subsidies and reim- follow the family. Finally, this system bursement for adoption expenses are gives the family the freedom to select available for all children with special the service provider of their choice. needs who are adopted through public It is important to note that before the and private child caring agencies. How- maintenance payments are increased ever, there is significant variation in the to cover services, the adoptive family degree to which states and counties must document the need and identify fund post-adoptive services. The range the service provider. The family must includes no funding at all to funding a also provide documentation that the complete range of service needs. Joe service was actually delivered. Kroll, Director of the North American The second program, PASSS, was Council on Adoptable Children, identi- created in 1992 as a result of a fied Ohio and Illinois as two successful governor's task force on adoption. models of post-adoptive services. They PASSS funds are state funds available are helpful as two diverse examples par- on a first come, first served basis as ticularly because Ohio has county oper- a payment of last resort for post- ated child protective systems, whereas adoptive services. PASSS is available Illinois is a state operated system. to parents who adopted children with special needs in Ohio, regardless of A. POST-ADOPTIVE whether they still reside in Ohio, and SERVICES IN OHIO ~ regardless of income level. This subsidy Ohio offers two programs that assist is available to children who may not in funding post-adoptive services - the have been identified with special needs Ohio Adoption Services Subsidy (OASS) at the time of the adoption, but whose 0 special needs later became apparent. In Post-Adoptive Services in addition to children adopted through Hamilton County, Ohio public and private child welfare (Cincinnati) agencies, these funds are also available The Adopt Ohio Initiative identifies for children adopted privately, Hamilton County as one of the Ohio including international adoptions. counties that broadly interprets the PASSS funds are extremely flexible. If regulations to expand eligibility to there is a special service need related the maximum appropriate degree. The to the adoptive child for which there is state of Ohio has expanded upon the no other payment source and which, if federal definition of special needs and unmet, could cause the breakup of the the Hamilton County Department of family, then an application can be made Human Services (HCDHS) broadly to PASSS. There are currently $3.7 mil- interprets the Ohio definitions of special lion state dollars available for PASSS. A needs. In addition to the standard county match is required. A family can federal definitions, these two receive up to $20,0004 annually through components have been added: ~ this funding source. Occasional exceptions (6 to 10 a year, statewide) are . Identified or reasonably identifi- made to this limit. able risk of developing a physical Since Ohio is a state where child or developmental disability, mental welfare agencies are county controlled, disability or disorder, emotional and since the determination of whether disturbance or behavior problem 0 a subsidy is appropriate and in what related to the child's history of amount is a mutual negotiation between abuse/neglect, genetic factors or the county child welfare agency and other environmental traumas; and the adopting parent, and since a county dollar match is always required, there is . Psychological attachment to the significant variation among Ohio coun- foster care giver due to placement ties regarding the extent of post-adop- of at least one year, such that place- tive services that are provided. ment with another family would According to Ohio's state operated not be in the child's best interests. Adopt Ohio Initiative, urban areas with larger numbers of children needing These additions allow broad interpre- adoptive homes tend to apply a broad tation. Because every child in the cus- interpretation of regulations to expand tody of HCDHS has a history of abuse, eligibility to the maximum appropriate neglect or dependency, HCDHS con- 0 degree. They believe that finding siders all of the children whose paren- adoptive homes for children whose tal rights have been terminated to be at families cannot care for them is good risk as described in item 1 above and for children; and they also recognize therefore to be special needs children. that in the vast majority of situations, HCDHS is very pro-active with adopt- the cost of temporary care or disrupted ing parents with regard to completing adoptive placements far exceeds the applications for all subsidies at the time cost of adoption maintenance and they enter into an adoptive placement service subsidies. Consequently, urban agreement, regardless of current need. 0 agencies tend to view such an inclusive They provide information to adopting strategy as a win for the child and a win parents regarding the various assis- for the taxpayer. There are, on the tance options. Information is available other hand, Ohio counties that believe on state and county internet sites. that families who adopt should be Hamilton County's goal is to maxi- financially self-sufficient and able to mize options for appropriate post-adop- handle all future needs of their adopted tive assistance, first using federal funds, child. These counties approve minimal, then state funds, and lastly county if any, expenditures for post-adoptive funds. Approximately 90% of applica- services. tions for federal or state maintenance are approved. Each family's subsidy is services without success. In 1991, family reviewed each year. Consumer satis- preservation legislation passed and faction surveys are sent with annual re- apparently through an oversight, certification forms. adoptive parents were included. From HCDHS provides services to the that point forward, funding has annually adopting family any time the family increased for post-adoptive services. requests assistance post finalization. The current state budget for both Examples of services that qualify for maintenance and service subsidies is subsidy are: $103 million. Approximately 19,000 children are under maintenance and 0 • mental health services from non- service subsidy agreements in Illinois. Medicaid providers when no Because the legislative definition is Medicaid provider exists; simply"adoptive parents" post-adoptive 0. in-home supportive services; services are available to any adopting • educational expenses such as parent residing in Illinois, regardless of tutors, summer school and private whether the adoption occurred through school tuition; Illinois, regardless of whether the child • respite care; has special needs, and regardless of • therapeutic recreation; whether the child was adopted through • day treatment/partial a public or private child welfare agency, hospitalization privately, or internationally. O • non-covered dental services such In contrast to Ohio, Illinois uses its as orthodonture; and funding to contract with state selected • residential services as a last resort? private agencies to provide specific services at no charge to adopting families. At present, approximately 1,300 Ham- With the exception of cash assistance, ilton County adopted children are being available up to $500 for emergencies, supported through federal or state families do not receive funds directly. maintenance assistance. 7 Of these chil- Illinois decided to structure its system dren, approximately 75% reside in this way because feedback from adopt- Hamilton County. There is a net increase ing parents indicated that service proof approximately 5 children on main- viders did not exist with the expertise to tenance subsidies per month. Of the adequately deal with the dynamics cre- 1,300 children, approximately 100 chil- ated by adoption. Because of this ser- dren are on state maintenance and vice approach, families who adopt in the remainder are IV-E eligible. Of all Illinois but move to other states do not children receiving assistance, approxi- have access to Illinois funding for post- mately 60% are receiving maintenance adoptive services. plus subsidy for services and 40% are The following post-adoptive services receiving maintenance payments only. are available regionally in Illinois Of the 1,300 children, approximately 25 through contracts with several state are in out-of-home care. selected private providers:

B. POST-ADOPTIVE • information and referral; 0 SERVICES IN ILLINOIS 8 • crisis intervention; • assessment; In contrast to Ohio, Illinois has a state • individual, family and group operated child welfare system which counseling; is divided into regions and which con- • parent support groups; tracts approximately 70% of its child • school advocacy; and welfare services to private agencies. • adopting family preservation Consequently, services are relatively specialists. consistent throughout the state. Prior to 1991, Illinois had been trying The time limit for services is 1.5 to create funding for post-adoptive years. The average length of service

0 O

involvement is six to eight months. Respite and residential services are not part of the funded post-adoptive service array. At the time of adoption, parents are provided with a handbook that describes the post-adoptive service 0 options available. The state funds an information and referral service which 0 has a widely advertised "800" number, an internet site and a computerized provider data base to assist in referrals. Adopting parents can access services not only through this service but also through their adoption agency or by directly contacting the service provider. At this time, consumer satisfaction surveys are not administered regarding post-adoptive services.

Endnotes 0 O 1. Information provided by Greg Oswald, Paul Cohen and Jackie Foignard, Hamilton County Department of Human Services; and Cheryl Rebel Ohio Department of Human Services. 0 2. In 2000, the Hamilton County Court of Common Pleas determined that eligibility for Title IV-E adoption assistance should not be limited to children placed by public and private child welfare agencies. 3. Generally, Ohio provides the 40% match to federal funds up to $250 per month or, if the child is adopted by foster parents, up to the rate the foster parents were receiving in subsidies. Should a county increase the maintenance payments beyond these amounts, the 40% match for the additional amount comes from county funds. 4. In January 2000, the maximum was reduced from $20,000 to $15,000. 5. The federal definitions include sibling groups, ethnic background, age and documented physical, mental or developmental disabilities, emotional disturbance or behavior problems. 6. In January 2000, funding was eliminated for residential treatment. 7. Hamilton County's population is approximately 850,000. 8. Information provided by Nancy Katz, Adoption Information Center, and Judy Spence, Illinois Depart- ment of Children and Family Services. 0

O Honorable David E. Grossmann National Hamilton County Juvenile Court Organizations 800 Broadway, 14th Floor Cincinnati, OH 45202 and Resources (513) 852-8709 FAX: (513) 852-8550 American Humane Association [email protected] Children's Division co.org 63 Inverness Drive East http://www.hcadopt.org Englewood, CO 80112-5117 (303) 792-9900 Mark Hardin FAX: (303) 792-5333 Center on Children and the Law http://www.amerhumane.org American Bar Association 740 15th Street, N.W., 9th Floor Association of Administrators Washington, DC 20005-1009 of the ICPC (202) 662-1750 American Public Human Services FAX: (202) 662-1755 Association [email protected] 810 First Street, N.E., Suite 500 Washington, DC 20002-4267 Jann Heffner (202) 682-0100 Dave Thomas Foundation for 0 FAX: (202) 289-6555 Adoption http://www.aphsa.org P.O. Box 7164 Dublin, OH 43017 National Adoption Center (614) 764-3009 1500 Walnut Street, Suite 701 FAX: (614) 764-6707 Philadelphia, PA 19102 (215) 735-9988, ext. 308 Honorable Connie L. Isgro FAX: (215) 735-9410 Multnomah County Circuit Court O1 Juvenile Justice Complex Center for the Future of Children 1401 N.E. 68th Avenue The David and Lucile Packard Portland, OR 97213 Foundation (503) 988-3823 300 Second Street, Suite 102 FAX: (503) 988-3494 Los Altos, CA 94022 [email protected] (415) 948-3696 FAX: (415) 948-6498 Joe Kroll http://www.futureofchildren.org North American Council on Adoptable Children Donald N. Duquette 970 Raymond Avenue, Suite 106 University of Michigan Law School St. Paul, MN 55114 312 Legal Research Building (612) 644-3036 Ann Arbor, MI 48109-1215 FAX: (612) 644-9848 (313) 763-5000 [email protected] 0 FAX: (313) 747-4042 [email protected] American Academy of Adoption Attorneys P.O. Box 33053 Washington, DC 20033-0053 (202) 832-2222 0 0

0 National Adoption Information Michael Piraino Clearinghouse National CASA Association 330 C Street, S.W. 100 West Harrison Street Washington, DC 20447 North Tower, Suite 500 0 [email protected] Seattle, WA 98119-4123 http://www.calib.com.naic (206) 270-0072 FAX: (206) 270-0078 National Clearinghouse 0 on Child Abuse Adoption Program Director and Neglect Information Child Welfare League of America, Inc. 300 C Street, S.W. 440 First Street, N.W., Third Floor 0 Washington, DC 20447 Washington, DC 20001-2085 (703) 385-7565 (202) 638-2952 FAX: (703) 385-3206 FAX: (202) 638-4004 [email protected] http://www.cwla.org 0 http://www.calib.com/nccanch Barbara Seibel National Conference of State Consultant Legislatures 912 Nancy Lane 1560 Broadway, Suite 700 Cincinnati, OH 45202 Denver, CO 80202 (513) 321-8208 (303) 830-2200 FAX: (513) 381-7909 0 FAX: (303) 863-8003 http://www.ncsl.org Permanency Planning for Children Department 0 Liz Oppenheim National Council of Juvenile and Association of Administrators of the Family Court Judges Interstate Compact on Adoption and P.O. Box 8970 Medical Assistance Reno, NV 89507 American Public Human Services (775) 327-5300 Association FAX: (775) 327-5306 810 First Street, N.E., Suite 500 [email protected] Washington, DC 20002-4267 http://www.pppncjfcj.org (202) 682-0100 FAX: (202) 289-6555 Children's Bureau 0 [email protected] U.S. Department of Health and Human http://www.aphsa.org Services 330 C Street, S.W., Room 2068 American Honda Foundation Washington, DC 20201 1919 Torrance Blvd., 100-4W-4A (202) 205-8618 Torrance, CA 90501 FAX: (2020 260-9345 (310) 783-3732 http://www.acf.dhhs.gov/programs/cb FAX: (310) 783-2177

Julie Herr 0 U.S. Department of Justice Office of Juvenile Justice and Delinquency Prevention Child Protection Division 800 K Street, N.W. Washington, DC 20531 (202) 353-9260 FAX: (202) 353-9095 [email protected]

0 WHO SHOULD BE PRESENT: • What are the plans to continue any necessary • the judge who has monitored the case from the first services to the family? hearing; • If a change of school will occur, what will be done • the child, unless inappropriate for a specific reason; to prepare for the transition? • parent(s) whose rights have not been relinquished or terminated; IF TERMINATION OF PARENTAL RIGHTS AND • the Indian custodian, the child's tribe and attorney, ADOPTION ARE RECOMMENDED: if applicable; • What are the facts and circumstances supporting • attorney(s) for the parent(s); the grounds for termination? • assigned child welfare caseworker(s); • What reasonable efforts were made to reunify? • prosecuting or agency attorney; • Why is this plan in the best interests of the child? • attorney for the child, if applicable; • Has the petition been filed and if not, what is the • guardian ad litem for the child, whether attorney, date it will be filed? social worker or other paid non-attorney or CASA; • Are there relatives who will adopt the child ifTPR is • foster parent(s), legal risk foster parent(s) or granted? If so, is the child living with the relative? adoptive parent(s); If not, why not? If there are no relatives willing and • relatives, other interested persons and witnesses; able to adopt, why not? • court reporter or suitable recording technology; • If relative adoption is not the plan, is adoption by and the foster parents the plan? If not, why not? • court security and other court staff. • If an adoptive home must be recruited, what efforts are being made to identify potential adoptive QUESTIONS THAT MUST BE ANSWERED: homes both locally and in other jurisdictions? Are there adults with whom the child has a positive IN ALL CASES, WHAT ARE THE CHILD'S relationship and are they potential adopting SPECIAL NEEDS? families? • Updates on health and educational information. • Will adoption with contact be recommended and • A description of the child's current placement and why or why not? behavior. • What counseling will occur to assist the child to • A description of the services provided to the child, deal with this change of plan? the progress the child has made and issues that still • If the child is an Indian child, have ICWA require- need to be addressed, including cultural needs. ments been met? • If a member of a sibling group, information on the status of the relationship and contact between IF PERMANENT GUARDIANSHIP OR PERMA- siblings. NENT CUSTODY IS RECOMMENDED: • Why is this option preferable to TPR and adoption? IF REUNIFICATION IS RECOMMENDED: Why is it in the best interests of the child? • How have the conditions or circumstances leading • What reasonable efforts were made to reunify? to the removal of the child been corrected? • What are the facts and circumstances • Why is this plan in the best interests of the child? demonstrating the appropriateness of the • How often is visitation occurring and what is the individual or couple to serve as permanent family impact on the child? to the child? Is there another person who spends • What is the date and detailed plan for the child's significant time in the home, and if so, has that safe return home and follow-up supervision after individual been interviewed for appropriateness? family reunification? • Has there been full disclosure to the family of the • What are the plans to continue any necessary ser- child's circumstances and special needs? vices to the child? • What is the plan to ensure that this will be a FINDINGS AND CONCLUSIONS permanent home for the child? • Persons present and whether absent parties were • What contact will occur between the child and par- provided with appropriate notice; verification that ents, siblings and other family members? reports offered into evidence have been provided to • What financial support will be provided by the all parties in advance of the hearing. biological parents? • A finding as to what reasonable efforts the agency • What are the plans to continue any necessary ser- has made to reunify the family and to finalize a vices to the child? How will these services be permanent plan. A well-designed, appropriate case funded after guardianship or custody has been plan and meaningful case reviews should prevent granted? unexpected findings of "no reasonable efforts" at • If the child is not already placed in this home, why this stage of a case. Should it be found that not and: additional remedial steps are necessary, specific - How often is visitation occurring and what is the expectations should be set out in a detailed order, impact on the child? with a short time frame (e.g., 30 days) for holding - What is the date and detailed plan for the the follow-up permanency hearing. A copy of the child's placement in this home and follow-up order should be forwarded to the head of the social supervision after placement? services agency. - If a change of school will occur, what will be done • A statement addressing special factors or to prepare for the transition? conditions of the child that are identified as special needs, what services are to be provided to address IF ANOTHER PLAN IS BEING RECOMMENDED: these needs and who is responsible for providing • What are the compelling reasons not to proceed the services. with reunification, TPR, permanent guardianship or • The court's determination of the permanent plan permanent custody? What is the plan, and why is for the child and why the plan is in the best inter- this plan in the child's best interests? ests of the child. The order should state the steps • What reasonable efforts were made to reunify the to be taken and time lines for accomplishing the child with the parent(s)? permanent goal. If the plan is reunification, the date • How will this plan provide stability and perma- for reunification should be stated. nency for the child? • If the plan is termination of parental rights and the • What contact will occur between child and parents, petition has not yet been filed, the order should siblings and other family members? state expected time frame for filing a petition for • What are the plans to continue any necessary ser- TPR that must be within 30 days. If the petition vices to the child? has been filed, the court should schedule pre-trials, • If the child is a teenager, what is the plan to prepare mediation and trial dates. the child for independent living? • If the plan is termination of parental rights, and a • If the child is not already placed in this home, why parent wishes to relinquish parental rights at the not and: permanency hearing, the court should be prepared - How often is visitation occurring and what is the to accept the relinquishment and include the relin- impact on the child? quishment in the order. - What is the detailed plan for the child's place- • For any plan, next hearing date and purpose unless ment in this home and follow-up supervision all court and agency involvement is terminated after placement? (i.e., permanent guardianship, permanent custody - If a change of school will occur, what will be done or reunification without protective supervision). to ease the transition? WHO SHOULD BE PRESENT: in detail and were fully understood by the parent or • the judge who has monitored the case from the first Indian custodian. hearing; • Certified by the court that the parent or Indian • the child; custodian fully understood the explanation in • parent(s); English or that it was interpreted into a language • attorney(s) for the parent(s); that the parent or Indian custodian understood. • if an Indian child, the child's tribe, the attorney for • Any consent given prior to or within 10 days after the child's tribe, if any, and the Indian custodian; the birth of the child shall not be valid. • assigned social services worker(s); • prosecuting or agency attorney; WHEN THE CASE GOES TO TRIAL: • guardian ad litem for the child, whether attorney, • Were all parties properly identified and served? social worker or other paid non-attorney, or CASA; • Has the evidence presented shown that statutory • attorney for the child, if applicable; grounds for termination of parental rights exist? • foster parent(s), legal risk foster parent(s) or adop- • Were reasonable efforts made to reunify? tive parent(s); • Is termination of parental rights in the best interests • relatives who are caretakers of the child or who are of the child? involved in an adoption with contact agreement, when applicable; QUESTIONS THAT MUST BE ANSWERED • court reporter or suitable recording technology; TO DETERMINE WHETHER REASONABLE and EFFORTS ARE BEING MADE TOWARD • court security and other court staff. ADOPTION AND TO FINALIZE THE PERMANENT PLAN QUESTIONS THAT MUST BE ANSWERED TO DETERMINE WHETHER GROUNDS EXIST IN ALL CASES, WHAT ARE THE CHILD'S FOR TERMINATION OF PARENTAL RIGHTS SPECIAL NEEDS? AND WHETHER TERMINATION AND • Current health and educational information. ADOPTION ARE IN THE BEST INTERESTS OF • A description of the child's current placement. THE CHILD: • A description of the services provided to the child, the progress the child has made and the issues still WHEN MEDIATION RESULTS IN VOLUNTARY to be addressed, including cultural needs. RELINQUISHMENT OF PARENTAL RIGHTS: • Has the child received counseling with regard to • Was the parental consent to relinquishment volun- termination of parental rights and how is the child tary and informed? adjusting to the plan of adoption? • Have both biological parents consented to relinquishment? IF THE PLAN IS RELATIVE OR FOSTER HOME • Why are relinquishment and adoption in the best ADOPTION: interests of the child? • What, if anything, remains to be done before the • Is there a recommendation for adoption with con- home is approved as the adoptive home? Can the tact? How is this recommendation, or lack thereof, adoption home study be waived and replaced with in the best interests of the child? the kinship care or foster home study? • Is there another person who spends significant time For Indian children, the court must comply with the in the home, and if so, has that individual been requirements of the ICWA which states that voluntary interviewed for appropriateness? relinquishments must be: • Has there been full disclosure to the relative or foster parent regarding the child's history and any • Executed in writing. current or potential disabilities? • Recorded before a judge and accompanied by the • What is the time frame for finalization? presiding judge's certificate that the terms and • Have all appropriate subsidies been identified and consequences of the consent were fully explained has all paperwork been completed with regard to these subsidies? Will services follow the family jurisdictions? On what adoption exchanges and if they move out of state? Is the adopting family internet sites is the child listed? What other efforts aware of the details of all appropriate subsidy such as newspapers, television spots and match issues? parties are being made? What is the status of investigating adults with IF AN ADOPTIVE HOME HAS BEEN whom the child has or has had a positive rela- RECRUITED: tionship with regards to their potential to become • A detailed description of the family. Is there adopting families? another person who spends significant time in How many potential families have expressed the home, and if so, has that individual been interest in the child and what is the status of the interviewed for appropriateness? investigation of each family? • If the child is an Indian child, does the home meet the placement preferences list in ICWA, and if not, FINDINGS AND CONCLUSIONS why not? What efforts has the agency made to • Persons present and how absent parties were pro- identify a placement under ICWA? vided with appropriate notice, paying particular • Has there been full disclosure to the adopting attention to any biological parent, tribal representa- family of the child's circumstances and special tive or Indian custodian not present. needs? • If there was a voluntary relinquishment of parental • What remains to be done, if anything, to process rights, efforts made by the court to ensure the relin- and approve the home? quishment was voluntary and informed. For Indian • What is the visitation and placement plan and time children, this must include the special requirements frame? If visits have begun, how are the child and of ICWA. the adopting family adjusting? • How reasonable efforts were made to reunify the • If the family's ethnicity is different from the child's, family. If no efforts were reasonable, a statement what efforts will be made to ensure relationships that based on family circumstances and child health between the child and others of the same ethnicity? and safety all reasonable efforts were made. For Does the adopting family understand the special Indian children, reasonable efforts findings must aspects of the child's ethnicity? include the special requirements of ICWA. • If the home is in another locality from where the • If the case went to trial, whether or not termination child currently lives, what are the plans to meet the of parental rights is granted. If so, under what child's educational and special needs for services? statutory grounds and the specific reasons why the How will the educational and service transition statute applies in this case. For Indian children, occur? findings must include the special requirements of • Have all appropriate subsidies been identified and ICWA. has all paperwork been completed with regard to • Why termination of parental rights and adoption is these subsidies? Will services follow the family in the best interests of the child. if they move out of state? Is the adopting family aware of the details of all appropriate subsidy IN A SEPARATE ENTRY: issues? • What is being done to ensure that reasonable • After placement in the adoptive home, what contact efforts are being made to find an adoptive home, will the child have with the prior caretaker and with specific steps and time frames that are to others who have had positive relationships? Is the Occur. adopting family agreeable to any contact plan that • A description of any special factors or conditions of may have been recommended with the biological the child that are identified as special needs, what parent(s)? services are to be provided to address these needs and who is responsible for providing each service. IF AN ADOPTIVE HOME MUST BE RECRUITED: • The date and time of the next review set for within • What efforts are being made to identify potential 90 days. adoptive homes both locally and in other WHO SHOULD BE PRESENT: • If the family has not made adequate progress to • the judge who has monitored the case from the first enable a safe return home, what alternate perma- hearing; nent plan is recommended and what are the steps • the child, unless inappropriate for a specific reason; and time frames for its implementation? • parent(s) whose rights have not been relinquished or terminated; IF PERMANENT GUARDIANSHIP OR PERMA- • attorney(s) for the parent(s); NENT CUSTODY IS THE PERMANENT PLAN: • assigned social services worker(s); • What progress has been made on each of the issues • prosecuting or agency attorney; that prevented implementation of this plan at the • for Indian children, a representative from the permanency hearing? child's tribe and tribal attorney, if any; • What contact is occurring between the child and • guardian ad litem for the child, whether attorney, parents, siblings, other family members and tribal social worker or other paid non-attorney, or volun- and clan members, if applicable, and is this teer or CASA; contact working well for the child and all involved • attorney for the child, if applicable; individuals? • foster parent(s), legal risk foster parent(s) and/or • Has there been full disclosure regarding the child's adoptive parent(s); background history and current or potential dis- • relatives, other interested persons and witnesses; abilities? • court reporter or suitable recording technology; • What are the plans to continue any necessary ser- and vices to the child? How will these services be • court security and other court staff. funded after guardianship or custody has been granted? QUESTIONS THAT MUST BE ANSWERED: • What is the plan for financial support from the biological parents? IN ALL CASES, WHAT ARE THE CHILD'S • Is there any reason that permanent guardianship or SPECIAL NEEDS? permanent custody should not be granted today? • Updates on health and educational information. • If sufficient progress has not been made to • Updates on what is being offered to address the enable the granting of permanent guardianship or child's cultural needs, if applicable. permanent custody at this hearing, what alternate • A description of the child's current placement permanent plan is recommended and what are the adjustment; and steps and time frames for its implementation? • A description of the services being provided to the child, the progress the child has made and issues IF RELATIVE OR FOSTER HOME ADOPTION IS that still need to be addressed. THE PERMANENT PLAN: • What progress in approving the relative or foster IF REUNIFICATION IS THE PERMANENT PLAN: home as the adoptive home has been made since • What progress has been made on each of the issues the termination of parental rights hearing? If it that prevented implementation of this plan at the is not yet approved, why not, what remains to be permanency hearing? done, and when will it be approved? • How often is visitation occurring and what is the • Has there been full disclosure regarding the child's impact on the child and family? history, and current or potential disabilities? • What is the date and detailed plan for the child's • If adoption with contact has been agreed upon, safe return home and follow-up supervision after what contact is occurring between the child and family reunification? parents, siblings, other family members, or tribal • What are the plans to continue any necessary ser- and clan members, if relevant, and is this contact vices to the child? working well for the child and all involved individu- • What are the plans to continue any necessary ser- als? vices to the family? • How soon can the adoption be finalized? What spe- • If a change of school will occur, what will be done cific steps must occur and what is the time frame to prepare for the transition? for each of the steps? .;,.

• Has the adoption assistance agreement been nego- • If the home is in another locality from where the tiated? If not, why not? Have all appropriate sub- child currently lives, what are the plans to meet the sidies been identified and has all paperwork been child's educational and special needs for services? completed with regard to these subsidies? Will How will educational and service transitions occur? services follow the family if they move out of state? • After placement in the adoptive home, what contact Is the adopting family aware of the details of all will the child have with the prior caretaker and appropriate subsidy issues? others with whom the child has had positive rela- • Has the relative or foster parent been made aware tionships? of ways to access needed services after the adoption is finalized? Has the relative or foster parent IF THE CHILD HAS BEEN PLACED IN AN been given contacts for support groups or other ADOPTIVE HOME SINCE THE LAST HEARING: adopting families who can serve as mentors and • A detailed description of the family and the neigh- supports? borhood in which the family lives. Is there another person who spends significant time in the home, IF AN ADOPTIVE HOME HAS BEEN and if so, has this individual been interviewed for RECRUITED SINCE THE LAST HEARING BUT appropriateness? THE CHILD HAS NOT YET BEEN PLACED IN • If the child is an Indian child, does the home meet THE HOME: the placement preferences listed in ICWA and if • A detailed description of the family and the neigh- not, why not? borhood in which the family lives. Is there another • What efforts has the agency made to identify a person who spends significant time in the home, placement under ICWA? and if so, has this individual been interviewed for • When was the child placed in the home and what appropriateness? was the pre-placement process? • If the child is an Indian child, does the home meet • How is the child adjusting to the new home? the placement preferences listed in ICWA and if • If the home is out of state, have all ICPC and not, why not? What efforts has the agency made to ICAMA regulations been followed? Are there any identify a placement under ICWA? known or anticipated issues relative to these com- • Has there been full disclosure to the adopting pacts that may cause delays and if so, what is being family of the child's circumstances, history, special done to resolve or avoid the delays? needs and potential disabilities? • Has there been full disclosure regarding the child's • Have all available subsidies been identified and dis- background history and current or potential discussed with the adopting family? abilities? • Is the adopting family aware of any adoption with • If the family's ethnicity is different from the child's, contact agreement and are they accepting of the what efforts will be made to support relationships agreement? between the child and others of the same ethnicity? • What is the visitation and placement plan and its Does the adopting family understand the special time frame? If visits have begun, how are the child aspects of the child's ethnicity? and the adopting family adjusting? • If the home is in another community from where • If the home is out of state, have all the ICPC and the child previously lived, what are the plans to ICAMA regulations been followed? Are there any meet the child's educational and special needs for known or anticipated issues relative to these com- services? How have or will the educational and pacts that may cause delays and if so, what is being service transitions occur? done to resolve or avoid the delays? • If adoption with contact has been agreed upon, • What remains to be done, if anything, to process what contact is occurring between the child and and approve the home and what are the time parents, siblings or other family members and is frames for this to be completed? this contact working well for the child and all • If the family's ethnicity is different from the child's, involved individuals? what efforts will be made to support relationships • What contact will the child have with the prior between the child and others of the same ethnicity? caretaker and others with whom the child has had Does the adopting family understand the special positive relationships? aspects of the child's ethnicity? • What is the time frame for adoption finalization? IF THE AGENCY IS RECRUITING AN ADOPTIVE What specific steps must occur and what is the time HOME: frame for each of the steps? • What efforts have been made since the termination • When will the adoption assistance agreement be of parental rights hearing or last review hearing to negotiated? What plans are there to identify all identify potential adoptive homes both locally and appropriate subsidies and when will paperwork be in other jurisdictions? completed with regard to these subsidies? Will • If the child is an Indian child, what efforts are being services follow the family if they move out of state? made to identify potential adoptive homes in the Is the adopting family aware of the details of all child's tribal community? appropriate subsidy issues? • What is the status of investigating adults with • Has the adopting family been made aware of ways whom the child has or has had a positive relation- to access needed services after the adoption is final- ship with regard to their potential to become adopt- ized? Has the adopting family been given contacts ing families? for support groups or other adopting families who • On what adoption exchanges and Internet sites is can serve as mentors and supports? the child listed? • How many potential families have expressed inter- IF THE CHILD HAS BEEN IN THE ADOPTIVE est in the child and what is the status of investigat- HOME SINCE THE LAST HEARING: ing each family? • What progress has been made since the last hear- • What efforts are being made by the agency ing toward finalization? When will finalization to comply with ICWA placement preferences, if occur? What specific steps must occur and what applicable? are the time frames for each step? • Have any new problems or issues occurred since IF ANOTHER PLAN IS THE PERMANENT PLAN: the last hearing? What is the plan to address the • What progress has been made since the perma- problems or issues? nency hearing and is the existing permanent plan • If full disclosure regarding the child's background still in the child's best interests? history and current or potential disabilities had • Do the compelling reasons not to proceed with not yet occurred at the last hearing, has it now reunification, TPR, permanent guardianship or per- occurred? manent custody that existed at the permanency • If adoption with contact has been agreed upon, hearing still apply? what contact is occurring between the child and • If they do not, what is the new permanent plan and parents, siblings or other family members and is how is it in the child's best interests? What are the this contact working well for the child and all steps and time frames that have occurred, or still involved individuals? need to occur to fully implement this new plan? • Has the adoption assistance agreement been nego- • What is the frequency and duration of contact that tiated? If not, why not? Have all appropriate sub- is occurring between the child and parents, sib- sidies been identified and has all paperwork been lings, other family members, tribal or clan mem- completed with regard to these subsidies? Will bers or other significant adults? Is this contact services follow the family if they move out of state? working well for the child and all involved individu- Is the adopting family aware of the details of all als? appropriate subsidy issues? • What is the plan to prepare the child for indepen- • Has the adopting family been made aware of ways dent living? to access needed services after the adoption is final- • If a change of placement is planned: ized? Has the adopting family been given contacts - Why is this change necessary and in the best for support groups or other adopting families who interests of the child? can serve as mentors and supports? - What is the plan for pre-placement visits? Have they begun and how is the child responding? What is the detailed plan for the child's placement in this home and follow-up supervision after placement? - If a change of school or service providers will occur, what will be done to ease the transition? FINDINGS AND CONCLUSIONS: • Who is present at the hearing and whether absent parties were provided with appropriate notice. If the child is an Indian child, the court should verify whether the child's tribe received notice and was offered an opportunity to participate. It should be verified that reports provided to the court were made available to all parties prior to the hearing. • A finding as to whether the agency has made reasonable efforts to finalize a permanent home with detail to support the finding. If the child is in an adoptive home, the finding should indicate whether the agency is doing everything possible, as quickly as possible, to approve the home, complete all aspects of the adoption assistance agreement including subsidies and services, and move toward finalization. If an adoptive home must be recruited, the finding should indicate whether the agency is doing everything possible, as quickly as possible, to list the child on all appropriate exchanges, internet sites, and with all appropriate private agencies, and to promptly screen and complete home studies on prospective adopting parents. • If the child is an Indian child, a finding as to whether the agency has complied with the placement preferences within ICWA, and if not, the efforts made to comply. • If there are any changes or adjustments to the permanent plan, a description with time lines for implementation and the reasons that these adjustments or changes are in the best interests of the child. • If visitation issues, including agreements for adoption with contact apply, are the terms and schedules of visitation being complied with and are they effective. • A statement addressing special factors or conditions of the child that are identified as special needs, what services are being provided to address the needs and how the child is progressing. • Any specific orders that are to be implemented. • Unless the permanent plan is finalized at the hearing, the date and time for the next review or the finalization hearing. WHO SHOULD BE PRESENT: FINDINGS AND CONCLUSIONS:

• the judge who has monitored the case since the first • Who is present at the hearing and whether absent hearing; parties were provided with legal notice. It should • the child; be verified that reports provided to the court were • the child's tribe, if applicable; made available to all parties prior to the hearing. If • the adoptive parent(s), permanent custodian or the child is an Indian child, whether the child's tribe guardian and their children and relatives; was notified of the hearing and the opportunity to • parent(s) whose rights have not been relinquished participate and if not, why not? or terminated; • If any issues were contested, the court's decision(s) • contestants of the action; and reasons for the decision(s). • assigned social services worker and adoption • A finding as to why the adoption, permanent cus- worker, if applicable; tody, or permanent guardianship is in the best • attorney, guardian ad litem, or CASA for the child; interest of the child. • attorneys for the parties; • A finding that full disclosure of the child's history • other interested parties and witnesses; and current or potential problems has been made. • court reporter or suitable recording technology; • A finding that reasonable efforts were made to and finalize a permanent home. • court security and other court staff. • A statement and description of the new legal relationship and its terms and conditions, including QUESTIONS THAT MUST BE ANSWERED: any post-finalization contact agreements. • If required by state law, a finding that the child • What is the child's current adjustment in the home, consents to the adoption, custody, or guardianship. school and community? • If this is an adoption finalization, a finding that all • Why is finalization of this permanency arrangement rights of birth parents have been relinquished or in the best interest of the child? terminated and that any necessary consents to the • Do the adopting parent(s), the permanent adoption have been obtained. custodian(s) or the permanent guardian(s) • If this is an adoption finalization, incorporation of understand the rights and responsibilities of this the adoption assistance agreement by reference. newly created parent-child relationship? • If custody or guardianship is granted, clear defini- • Has there been full disclosure regarding the tion of visitation and support orders relating to the child's background history and current or potential biological parent(s). disabilities? • A clear statement that the court's involvement in • If required by law, does the child consent to the this case is now concluded. adoption? • If applicable, do the adopting parent(s), the permanent custodian(s) or the permanent guardian(s) understand and agree with any ongoing contact that is proposed with the child's biological family or other significant persons in the child's life? • If this is an adoption finalization, has the adopting family signed the adoption agreement and are there any questions regarding the agreement? • If this is a permanent custody or permanent guardianship, do all parties understand the residual rights of the parents? What are the arrangements for financial support from the biological parents to the custodians or guardians? • Are all necessary services and support systems in place? • Does the new family know who to contact if they need assistance in the future? • Have all legal requirements been met?