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The Definite Guide to Your Rights And Responsibilities In A Child In Need Of Care Case Kansasjudicialcouncil

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this program is brought to you by Emory.University.good afternoon and before we get started.I'm going to give a couple of details.about logistics and then introduce our.speakers and we will go right in most of.you all know me from earlier trainings.I'm Karen Worthington director of the.Barton child law and policy clinic here.at the law school and I'm very happy to.welcome new faces as well as those who.have been at some of our earlier.trainings back here today's program will.go from now until 3:15 sometime between.2:00 and 2:15 there will be a ten-minute.break and then our speakers will stop.around 3 o'clock to take questions all.of these presentations are recorded and.are posted online for folks who cannot.get to Atlanta to see them so it's very.important that all questions are spoken.into a microphone.otherwise we have gaps of silence and a.little bit of oddness on the recording.so when you have a question please wait.for a mic to come to you and then you'll.ask the question and that's also why we.reserved the questions till the end so.we can actually get the microphones.around to you very quickly out this door.excuse me in this hallway and in the far.hallway are restrooms if you need those.folks at the registration desk right.outside can answer any questions please.make sure you have registered and signed.in at the registration table so we know.who's here if you need CLE credits.that's also where to get that covered.and so that you will have copies of the.powerpoints and any other materials that.came out for today if you parked in a.place where you got a ticket not the law.school parking deck where you were waved.in but if you're actually holding a.physical ticket make sure you stop by.the registration desk to get a parking.token so you can actually get on your.way home this evening without having to.pay for that parking so thank you very.much and now I would like to introduce.our visiting scholars in practice for.the month of March we are very happy to.have Judge Spivey and judge Sumner here.first we have Judge Spivey who is with.the juvenile courts in the Ocmulgee.juvenile circuit he is a native of.Baldwin County and a product of our.Georgia public school system he went off.to Washington and Lee for undergraduate.and then came back to our own universe.giorgia for law school he had a varied.career in private practice he spent many.years as a SAG special assistant.attorney general representing children.he worked in multiple counties in the.Moldy Judicial Circuit doing that he.also served as legal counsel for the.Baldwin County Board of Education so.he's seen our court system and our.policies from that side as well and.since 2000 he has served as juvenile.court judge of the Ocmulgee Judicial.Circuit he also currently serves on the.Executive Committee of the Council of.juvenile court judges also with us we.have Judge John Sumner who is the.presiding juvenile court judge of in the.Cherokee County juvenile court he went.to our also our own state schools of.Georgia State for undergraduate and law.school and he also had a variety of.experiences before became me becoming a.juvenile court judge serving in private.practice representing parents earlier.work as a public defender also as a.guardian ad litem and doing some.criminal defense work he also served.time as a municipal court judge in the.city of Woodstock so bringing all of.that experience forward to share with us.about permanency planning and finally.judge Sumner serves on the permanency.planning committee of the exit of the.Council of juvenile court judges so I.ask you to please welcome our speakers.here today I think the challenge that.the state of Georgia has at this time is.to make sure that foster children.receive permanency in a real the real.sense of the word and that this is done.in an expeditious manner.we wanted today to explain the law.involving the requirement for permanency.hearing and some of the practical tips.that might be available to help us push.the process expedite the process so that.children can reach firmly permanency.quicker.we're going to explain what a permanency.hearing is we're going to get into.reasonable efforts in achieving.permanency we're going to talk about.compelling reasons for the least.acceptable permanency plan which is a.what we call appala and we're going to.provide you with some tools such as.checklist that you have in your handout.packet to help you do your jobs all.right thank you I just want to tell you.we want to thank Emory for having us.here it is an honor is to sound working.on the mic right.we just want say thank you it's an honor.to be here I think too often times at.the work of Barton Law Clinic and.another outside they need to come in and.justice for children the command justice.for children too often their work is.overlooked they are leaders in this area.they provide invaluable assistance.guidance.I think this training is just a.wonderful idea and we're so glad to be a.part of it I'd like just give them a.round of applause just say thank you for.all their work it's also an honor to be.up here with my good friend judge Spivey.he's been around a little bit long and I.have on the bench extremely intelligent.very caring as you'll see as we go.through this very detailed.we both have brought I guess our own.experiences and we hope as we go through.this it's going to help you as we're.dealing with these cases when they come.forward I did want to share one thing.with you though and I've heard this at a.conference many years ago and the.presenter said you know when you go.these conferences you get all these.materials you get all these ideas and.it's kind of hard to remember all that.and you go back you know you try to put.it into practice and what he said was.try to remember one thing just one thing.that was the goal or what you're trying.to learn from the speaker and then.everything else will flow from that and.what we've discussed here is that when.you go back after today's seminar after.this teaching what we want you to.member that keywords are timely.permanency that is the point of.everything that we're doing here today.so as we go through this remember that.what we're trying to seek and what we're.trying to when we have some handouts for.you what we're trying to get across is.that when we go back and we're handling.these cases and we're dealing with the.children come before us that our goal is.to find a permanent and safe home and to.do so in the timely manner all right.with that well go ahead and get started.and we'll go through some of these.slides quickly so we've got more details.but why do you care about permanency of.course it's the outcomes for children.and youth in foster care probably I.don't know if it's most important but it.is the bottom line is the federal.requirement if we fail to comply with.the statutes in this state Georgia is.denied a lot of federal funding which of.course goes directly to assist the.children so you know we're doing this to.comply with the federal statutes as the.Dean mentioned this is part of the.federal review process and what we're.hoping to do is as we go through this.that we have better permanency hearings.in this state and we're doing so more.timely the permanency we want to shorten.the timeframes we need to have these.pyramids and hearings have the goals let.me a a - there's summer that why do we.care about it the bottom line is that we.want children to have stability in a.sense of belonging which may contribute.to a sense of their well-being and this.certainly will play a role in the.child's development kids in foster care.we believe should have the same benefits.and the same privileges from permanency.as other kids and that I guess is the.philosophical bottom line.of course my part on that as well and.grief everything judge Bobby has said.you know when we discussed this with.civic groups you know there's always.well it sounds like it's just more tax.dollars it's just more money being.thrown another problem president came to.speak to us last night about trillions.of dollars are being spent not seem.right or wrong just saying that's an.issue when we discuss these when I find.when I talk to civic groups you know I.always like to point out that we are.dealing with children who are abused and.neglected they're going to have issues.in their life now this is not to say.that every child who goes through these.circumstances is going to be a failure.but what we're trying to do is to break.the cycle and if we find children safe.and permanent home and hopefully it's.back with their parents and we do so.quickly that it minimizes the trauma and.what will happen is the children won't.continue this cycle and from a financial.standpoint you know we would much rather.have productive citizens people who are.happy who are raising good families than.just continuing this and having it go on.from there the last line on this though.is what I always like to conclude with.when I'm discussing this it's just the.right thing to do I think we have a.moral obligation as a society we have.children who the adults and their lives.for whatever reason are not providing.for their care for those of us us other.adults we need to step up to the plate.if you will you know we need to reach.out to help the parents so they can take.care of their children but if they're.not able to to go forward and find.places to live for these children and.it's just the right thing to do to reach.out to abused and the children and.provide care for them one thought.briefly about case management I'll let.you know that we have actually had a.whole seminar on case management for so.I'm just going to hit the highlights if.you'll notice on there we have child.centered collaborative the reason I like.to use that as I like for everybody and.I know that we have a wide range of.people here today but whether you are a.casa or a guardian or a foster parent or.a judge.appartment family Children's Services we.all need to work together we all need to.operate as a collaborative this.shouldn't be the judges solutions it.shouldn't be the department's solutions.it shouldn't be the faith-based.community solution we all need to come.together and you know that that's not.just from the front end of the case but.it's throughout the child's time in.foster care at every stage and you'll.see we're gonna discuss a permanency.hearing well you know you may not agree.with the process let's say you know you.think that there should be shorter.reviews or longer reviews or whatever it.may be but that is your system and you.are part of that and you need to bring.what talents you have and your views on.it we use stakeholder meetings quite a.bit in our County we have at least four.per year and quickly I can just tell you.some of those meetings are very tense we.have people who have different views on.different topics but what I have found.is if we all work together and there's a.mutual respect there that we can do what.we're supposed to do and that's put the.child at the center of this but as far.as case management there's different.types and I just want to hit them as an.overview and it really depends on the.jurisdiction that you're in it changes.from jurisdiction to jurisdiction from.judge to judge there are some systems.that use what's referred to as a.front-end loading and that's where you.try to have all the issues as quick as.you can't relative placement case plans.case plan modification there are some.counties which use citizen panel reviews.some do not different judges use.different system panels and different.ways there are some that will wait till.later in the Kate and the life of the.case to conduct judicial reviews.whatever system that you're using you.know we have found that the quicker you.deal with the issues the quicker that.you move those to the forefront you.resolve those when I first came on the.bench the hearings that we have we had.our.vacation and then we had citizen panel.review and then at the eleventh month.you would have a permanency hearing what.what happened at that time is all the.issues that you should have dealt with.over the last 11 months visitation case.plans reunification are the parents.getting the services they need from the.department did the parents understand.their case plan all those issues were.coming up at the eleventh month I was a.defense attorney at that time I can tell.you routinely I would go in I would.argue all that and we give six-month.extension at that point did my client a.lot of good because it gave them more.time to work under a reunification but.did do the child any good so what.happened was when we instituted a system.and just as an example what we do in.Cherokee County is we have the panel.reviews occur four months after the.child comes into custody we have a.judicial review at the fifth month.generally we have another one at the.eighth month by then there's been three.sets of eyes on that case three reviews.and we know pretty much where the case.is going at that points and we'll.discuss it more detailed later but if we.need to go to concurrent plans whatever.but when we hit that 11th month we have.a good idea of where the case is so we.can force this to come to a resolution.for the benefit the child and so we're.not dragging the case out 15 months 16.months 17 months the reason we do this.is 12 months to achieve permanent seat I.just want to go through this you know.case management as we say here on the.slide it's all about the path to.permanency and we wanted to highlight.that say that every decision that's.being made no matter and that that's why.I mentioned case management just.different examples not saying one.systems right over the other but.whatever system that you're in every.time you're out of review it's not about.how do I get through this review hearing.it's what's going on with that child I.mean this is a child's life we are.making decisions that are permanently.going to affect this child we need to.make the.best decisions that we can so at no.matter what hearing you're at the case.management is all about finding your way.to permanency I like to tell case.managers the life of the case is to be.an engine for that child's permanency if.the case can't take that direction with.the reasonable time what other viable.options that is if we can't have.reunification and I just wanted to.highlight you know this just isn't a.file I know we all have time constraints.we all have a hundred cases and after we.closed those hundred will have two.hundred cases it's just the way it goes.but this is not a file it's a child's.journey to find a safe and permanent.home and we'll go over those options.more as we go through this just remember.once again you know the goal on this is.a timely permanency for that child.you know I described often you know when.a child is abused or neglected they.often turn to teachers or other adults.in their lives or neighbors and when.they're placed in foster care you know I.think as adults we forget how traumatic.that is for children you know I've heard.it from psychologists but I've seen it.in children you know a child has a rough.time at home when they go to school.there's normally a teacher or a worker.there they have that same set of.playground that they're used to they.have familiar surroundings and that's.really how they're grounded when they go.in the foster care they're pulled from.all that they may go live with the.relative that they don't really know it.may be in foster care and I just think.that's why you know we need to shorten.this time as much as we can and as.adults to us you know a year is not that.long six months is not that long to.second-grader six months is a lifetime.where they're going to school who their.friends are just quickly in the.statutory review there's the first.review in the 90 days but what we're.focusing on here today under the statute.is as you approach that 12th month what.is going to be the permanency at that.point these the required findings.contrary to remain in the home.reasonable efforts by the department and.whether the case plan is.specific correlated to the findings and.if it should be modified now in this.next slide I tell you I.I guess I'm catching up with technology.ever since I've been on the bench we.always tell parents here is your case.plan I know judge five you said this a.million times this is your roadmap to.have the child returned to your care.well I guess we had to update that and.put GPS on it so that's what we have a.GPS on there but with GPS has got to be.correct so your case plans they need to.be on point and the reason I bring this.up in a permit see discussion is that.when you have that child first come into.care and you develop that case plan for.that parent to have that child returned.to them you need to have that case plan.on point you need to say what are the.real issues of deprivation why can't.that child live safely in that home you.know it's you know I don't know you've.ever had GPS and you're driving down and.it says turn left and if you turn left.you're gonna run into a building or off.the road or off a bridge it's much the.same with a case plan substance abuse.evaluation well there's no evidence of.substance abuse so that's just a waste.of resources that's that's not dealing.with the issue that's going to have that.child returned to their parent in them.safe way let me back up.well what I wanted to point out is that.when you're talking about reasonable.efforts the statute 15 11:58 says that.in making such a reasonable efforts the.child's health and safety shall be the.paramount concern you know there's a.tendency for defense lawyers to get too.caught up in the rights of the parents.and that's their job and to hammer those.on the record but the law was clear that.in finding reasonable efforts and in it.well even in our all of our dispositions.the child's health and safety shall be.the paramount concern one thing I want.to talk about in case management to.judge summer his talk about reviewing.the case with the eye on permanency the.handout one of the handouts in your.packet is a judicial review which gives.you an extensive checklist and when I.was on the bench four years before it.occurred to me that this was not defects.driven I guess it was because I was a.SAG for 15 years 17 years and it finally.occurred to me that you know what I'm.responsible I'm the gatekeeper here I'm.responsible for the conduct of defects.and making sure that they dot the i's.and cross the t's.so this checklist focuses your attention.on all of those issues it if you like me.and you tend to your memory I'll be 39.in September your memory tends to fade.after a while you want to make sure you.do not overlook any of these critical.issues because we're talking about the.life of a child here and it's you know.when you get lawyers in the courtroom.making motions and objections and so.forth and so on.you sometimes you get misdirected but.this little checklist and some of the.others that we've put in here.we'll help you do the best possible.review that you can do now not every.line item is going to apply in every.case obviously and you may want to lift.this checklist out and put written.findings if you're the judge in the.order but if your defects if you're a.case manager you'll want to be able to.provide the judge with this information.whether it be from your testimony or the.testimony of service providers and so.forth but these are all tools that you.can use to get to that goal of achieving.permanency in a timely manner and.managing the case efficiently as judge.summers is advocating you raise a good.point that and there's something that we.had discussed you know I think we've got.a lot of material to cover so we're not.trying this is more of an overview at.this point you know I think that too.much what has happened because we've.made the entire thrust or the main.thrust of what we do in juvenile court.is judge Bybee just said that the.parents cross the finish line that's how.I say it that it's all about that the.parents complete their case plan and.there's almost a culture that well let's.just let's have a good let's have a good.you dication hearing find the real.grounds of deprivation let's not say.substance abuse when there's no.substance abuse issues let's have that.good GPS case plan let's have panel.reviews but it all seems to focus at.that point on the parents and did they.meet their case plan or not and then 11.months down the road well mom didn't.make it so now what are we going to do.and that's what we're here for today.just to try to back up the process so.that when that child is first.adjudicated when there's that first.finding of deprivation what we want you.to do is to go back and start thinking.what's going to be the permanent option.for this child because that's the right.thing to.so as you're going through this and.that's why we mentioned the reviews and.it's a child's life and we're trying to.get the focus away from all right.parents here's your case plants like.hand them off the football and say let's.see if you can make to the endzone or.not and they follow yards short or ten.yards short if they don't show up for.the game whatever it might be.oh and now let's go to plan B we don't.want that you want Plan B from the first.I'm not talking about concurrent and so.when we were talking early about the.collaborative that child centered.collaborative and I could borrow your.order for just your judicial order all.right a lot of judges we've developed.orders like this or we have particular.findings this is a great order your.judicial review order all right you're.part of the collaborative you're in.judge Spivey circuit oh I can't stand.these review orders oh he's gonna ask.10,000 questions please don't make me go.to court well guess what he's the judge.that's how he manages his cases um one.of my sags are here she practices all.hey we manage his cases differently but.you know what how you managed cases.judge driven when you come in be part of.the collaborative say okay that's the.review that's what the judge is looking.for I think he's the greatest judge I.think he's not the greatest judge that.doesn't really matter sorry just Bobby.but none of that really matters well I.hear that a lot.so do I it's the child so that's the.parameters you're walking in so you know.we're gonna go through these other.checklists when you go judge Bobby's.court you better be ready to answer all.the educational questions that's part of.being in the collaborative in this court.so we do want to emphasize though you.know of course it's correct and it's.important for the parents rights we want.the child to go back home if they can.but let's not fall into this trap of.let's just see if the parents can make.it across the finish line or not so as.you come in for whatever discipline your.front cost the Guardian defects start.thinking well what do we do on the.relative search.that statutes there for a reason that's.required we want to start looking for.relatives let's say there is a.reunification what's wrong with finding.good relatives to help this mother if.she's made those changes in her life so.all right.issues during the permanency journey of.course the reasonable efforts being made.by the department and we'll go through.more of this and the details later but.basically it is a federal requirement.and we have I don't know how this is.available making it permanent have y'all.seen this we see this from the justice.for children yeah it was put out by the.American Bar Association several years.ago I had found some information that I.had and asked Michelle Berkeley if she.had could get me a copy of the book from.which I had found some of this.information and that she started digging.and determined that it was out of print.so she made one of her contacts I.believe it was in Chicago maybe at the.ABA I don't recall and lo and behold.next thing I know this comes in the mail.Michelle is a magician and this is an.excellent text I recommend it to anyone.who is interested in permanency for.children in Georgia they members making.it permanent as through the ABA and the.second first offers for Monte and then.rainy but it's making it permit the.reason I want to mention this book is if.you will go to the forward in it and I.helped I think this helps you to.understand it certainly helped me the.historical context of where we are on.this the short of it is this the federal.government has decided as justice Bobby.said the judges are the gatekeeper we.are the ones to make these.determinations we are the engine doesn't.mean there are cases alone does it mean.we don't all work together defects.doesn't have responsibilities etc but.the judges are the gatekeeper.we are the ones who are responsible for.making all these findings so we are that.these are not just something that we.made up of the judge is similar this is.a federal requirement when the case.comes the judge has to make a finding.that the department's made the.reasonable efforts accomplish the goals.the case plan visitation finalized.permanency plan any placement issues.judge is required throughout this permit.C jury journey that's the 12 months of.case management relative search has been.conducted the parents efforts towards.meeting the case plan and what the.permanency plan is those are all federal.requirements if the state fails to meet.those we lose title for funding without.funding we cannot provide services for.these children.that's why is a federal requirement and.that's why we go through this and what.we hope is through these learning series.that were able develop as you said the.toolbox the checklist better ways to.make sure that we comply with federal.law all right just by me okay.the.definition of permanency was given to us.by Judge Crawford last month at this.very seminar and I'm gonna read it to.you it's lengthy but I think it's.necessary to encompass all the necessary.elements of permanency a safe nurturing.and stable home environment and set of.relationships an opportunity to live in.a permanent home one which can be.returned to for support even as an adult.a home intended to last indefinitely a.family which gives a commitment to.continuity for the child and allows for.lasting supportive lifetime family.relationships to be established and.gives the child a sense of belonging and.definitive legal and social status now.that's a mouthful but basically this.address is what I was talking about in.the city in the beginning stability a.sense of belonging sense of well-being.and that all of the benefits that are.derived from being a part of a real.family so that's that those elements are.the essence of permanency so when you're.talking about achieving permanency.that's what we're talking about and.that's a tall order when you're dealing.with foster children you'll be lucky in.some cases where you can achieve that.more easily because of the availability.of relatives but in some cases you won't.have that there'll also be other.obstacles such as behavior problems.various disabilities that these children.may have that requires us to redouble.our efforts and it also requires us to.be very suspicious of the final the last.permanency option which is an apple and.we're going to talk about that very soon.the.we also in addition to the children must.be removed when they have to be removed.for their safety permanency planning.efforts have to focus on first returning.them to home as soon as we can now.Georgia is doing a very good job of this.or they're doing an adequate job of.reaching reunification in a timely.fashion that's not why we're here today.we're here today because the other.options guardianship adoption another.plan permits the arrangement these other.plans we'll be dropping the ball we're.slowing down on permanency we're not.pushing across the goal with regard to.permanency and we're being docked by the.Fed for that so what is our role in this.process everyone has a role and as judge.summers says it is a collaborative.effort we need to identify our roles the.the department has a one of the most.important roles because the you're.managing the the case but there are all.of the service providers the independent.living coordinator the educational.advocate all of these facets of the.child's life they all have to be there I.can tell you from personal experience.that when I started on the bench I.didn't even have as much in the way of.resources as Judge Sumner we did not.even have citizen panel reviews and we.had eight counties and all of our plans.were just signed off on by Superior.Court judges so there was no actual.review hearing period we've come a long.way since then and but.it seems like that the faster we run the.faster we're required to run so this is.a work in progress I know it is in the.rural circuits and I'm not so sure it's.not in the in the Metro counties but.whatever your role is whether it be the.case manager the educational advocate.the independent living coordinator the.judge the garden ad litem the Casa it's.important that you identify that and.fulfill that role.now let's get to the permanency hearings.what is a permanency hearing well this.is a representation of the deadline for.the court to determine the final plan as.judge summoner has pointed out we.required at 12 months to have that.hearing now the Georgia statute 15 11:58.has talked about a permits of hearing.for a long time I don't know about all.of you but when that patent statute was.passed it doesn't define permanency.hearing it doesn't tell you what you're.supposed to do at that hearing and so a.lot of us ad in the boonies have had to.just kind of figure out what it is we're.supposed to do.fortunately with this book and with some.of the information that we have been.given by the Committee on justice for.children a lot of us are now structuring.these hearings and coming up with these.checklists I devised my permanency.checklist which is also in your packet.permits a hearing checklist from a.number of different sources I went.through a number of sources and just.said what are the key elements that we.need to have here this is not the.end-all and Way of checklists I'm sure.you can improve on it but for me and my.circuit it's a beginning do I get a lot.of hollering and carrying on because.these hearings last two hours I.certainly do I get a lot of eye rolling.and a lot of sign but you know.I really don't care but what we're what.we're doing is having a hearing to.determine what is the best best option.what is in the best interest of the.child as far as permanency is concerned.this is a review hearing on steroids.that's what it is and if you look at.this permanency checklist you'll see.that most of the issues that you're.going to be required are there there's.some of them that can be expanded on and.I have expanded on it when you get to.the educational part with this education.checklist which comes from the National.Council of Family and juvenile court.judges this is an excellent checklist in.my opinion because it's exhaustive it.covers most of the areas that are.tangential to the child's education and.why do you have the education checklist.well the reason you have that is because.you want to make sure that wherever the.child is placed that the child is.receiving all of the benefits including.education that the child is entitled to.and that these child that these benefits.that these services are meeting that.individual child's needs ideally you.would like to have a child a educational.advocate from the Skoob but that doesn't.have to be a school teacher it can be it.can even be the defects case manager if.they keep it themselves up to date on.this information in the checklist a lot.of times the case manager is one of the.child's best friends so certainly that a.good case manager can be an excellent.educational advocate but if you've got a.case manager with a hundred cases you.know it might be better to have someone.at the school who is taking on that rope.so the fact is that you want to have a.hearing where every.body is brought to the table brought to.the courtroom and is allowed to be.questioned by the court in line with.that back when I was talking about case.management.now just Bobby you don't have consistent.panels in all your counties correct I.haven't been four of the eight four okay.he has eight counties you've heard.correctly four of the eight and as I.said earlier citizen panels are used in.different ways in our County and this is.through the state council we develop.this through the permanency council.state council juvenile court judges.there's a very detailed and this covers.your education list it's a very detailed.checklist that our panel reviews will go.through for the child we were going.through that when we tried to do is.track it are they getting visitation.with the parent these are all issues.that you'll address in court or that can.be addressed in a review hearing are.they getting the visitations or all.their educational needs being met or.other medical needs being met our mental.health needs being met in our system.panels on the educational part we have.them ask is the child next curricular.activities how is that going a lot of.times think about it you're sitting.there o H critical activity maybe.there's a coach or a parent there that.has a connection with this child someone.who might be effective can at that point.medicines we've got I've got an example.of a case I'll use later we really try.to monitor we're not doctors but when I.see a child going from two medications.to ten medications now I don't know what.those medications do but it's it's.little red flag goes off at that point.we've gone from two medications to ten.now the point of that is under the case.management and with our checklist here.that's how we're looking out for the.best interests of this child and helping.that child to achieve her maseeh because.we're looking for any problems that that.child might have or any strengths that.that child might have so whether you're.using panel reviews or through the court.hearings whatever review hearing you're.you.you know it's not just house parent.doing house child do and child's doing.fine grandma reports no problems thank.you very much next case oh thank.goodness Walt make it to lunch now it's.not that what's going on with that child.think if it was your child living away.from your home what questions would you.ask about that child is he still on the.ball team and she's still going the gym.what medicines why she on those.medicines why not visiting my child more.so though that's what you're doing a.review hearing and that the permanency.hearing that's all of that plus and we.have that on the screen that's right you.want to cover all of these subjects with.regard to the review but you also want.to go to the question of whether this is.the best plan for permanency for this.child and you do that by systematically.ruling out the plans that aren't the.best you have to consider the health and.the well-being of the child you have to.go ahead and order the next steps to.achieve the permanency plan you have to.rule on whether the agency has made.reasonable efforts to finalize the.permanency plan and the question of.reasonable efforts that is going to be.you'll see that your checklist is going.to help you there the the question is.what services has the department.provided for that and as well if the we.have a concurrent plan for instance and.we may talk about that later but I want.to use it in this context it's important.for the agency to front-load that.concurrent plan to in the front for.instance let's say you have a mom who is.going to be working a reunification plan.and the concurrent plan is adoption.should the department wait until the.permanency hearing to start recruiting.adoptive parents No.but this this is what I find when I have.the permanence of hearing now I hope.that within a year in my circuit not one.of my counties will be doing that but.you have to work both plans concurrently.that's what it means and if the court.approves that concurrent plan in the.dispositional order then that is a plan.just like reunification is so well what.triggers a permanency hearing we've.discussed that just you're free to the.statute that I want to make sure we get.into that other part okay see permits.and hearings in Georgia just look at the.statute on this there's certain types of.cases the more serious cases where.you'll go directly into a non.reunification and that's under the.statutes and while he's looking at a let.me just say non reification is not a.permit see plan I hope nobody in here.thinks that is the text in the old days.that was what you heard what's the.permanency plan on reading.well that's not a promising plan there.we go we'll come back I called the non.reunification trap years ago we had a.problem as the department would stand up.and say well this time the plan is non.reunification that's not a perma C plan.that's where we go to plan B and that's.when we start asking these questions but.we should have all moved in this state.beyond accepting that as a premise E.plan but it's still the culture it's.still this goal-line it's still this.culture of well we waited till the ninth.tenth month Oh mom made it to the.one-yard line now well now what are we.going to do and that's what we're really.trying to push the practice in our state.is to start thinking about what what if.we have a Nam reunification whether.other possibilities so let's not just.stay on the parents issues but let's.start looking at.potential other avenues so I don't think.we have as much problem legally with.that being accepted as a plan in most.jurisdictions but don't get wrapped up.in the culture and when you go back.you'll probably see people who think.that whether it's department or staff or.whatever it may be start working on them.start let's move our system forward and.start saying what's the fifth or six.month let's move beyond the parents.what's Plan B in case we end up in Plan.B so an example here is a parent who has.has a drug or alcohol addiction we all.know that that takes a long time to.control in some cases if you buy the six.months review that parent has not made.any progress has not gone to treatment.has not submitted to drug screens then.my conclusion is we look at Plan B at.that point I get a lot of resistance.from defects on that but let me tell you.I have a drug court and I also assist.our Superior Court judge and her drug.court adult drug court and I can tell.you I'm not going to stand there and let.this child's life just tick away while.this parent does not decide cannot.decide whether to go to treatment or is.resisting it so I'm sorry but that's an.example of less let's go ahead and do.plan B.yeah I think we got ahead is there there.we go okay I want to say on the previous.slide to the 12-month one yeah you.notice that there's a 12-month.requirement you have an extension.hearing and you have a permits of.hearing may they be held simultaneously.yes are they the same thing absolutely.not you determine whether the there.should be an extension and usually.that's going to be stipulated because by.that time if the parent has not made.reasonable efforts on the diligent.progress rather on the plan that's not.going to require full hear and sometimes.it will but the permits are hearing is.separate from that you can hold it at.the same time the orders ideally should.be separate and we're going to talk.about orders later but if I don't.remember to say that you should try to.have a separate order if not if you have.it in the same order the extension and.the the permit see here order you can do.it under a separate heading you can do.the order of extension and then make.your findings there and then at the end.do a permanency order heading and so.this is what we found reasonable efforts.to finalize the plan and so forth let me.direct your attention it's 1511 58.subsection a subsection 2 and we'll.cover this in another slide coming up.but it's 50 802 and if you look at that.it describes exactly what a permanency.well it it states what you must comply.with and it's very specific findings if.you go back to 58 in it discusses.custody extensions so by statute there.there are two different findings so when.you come in for those hearings as you.said it's fine they happen at the same.time but the issues are not the same as.I said earlier there's a nom reification.trap there's also custody extension trap.well we've extended the custody judge.set up for a review in three months no.no no we're gonna have a permanency.hearing now and that's was we were going.through and if you look at the statue.will show you everything that you need.to go through for that permanency.hearing reasonable efforts what are.other plans are the child's needs be met.all right there it is Oh - yeah this.brings up this is 16 yes okay.the I would I would point out that and I.think we've touched on this is the court.should build in lag time if there's.going to be a TP or filed at 12 months.the department has to report under this.section to the court whether or not it.intends to file for termination of.parental rights and if it does not at.that time there has to be a compelling.reason why it has not filed that and but.I want to be sure that you understand.that there is there's an inertia with.this process because all of us have.other cases to deal with and so it's.important that you anticipate lag time.in obtaining a TP or or if adoption is.the permit supplant the personal service.for the TP our petition requires 30 days.and often many times as you know the.parent cannot be found within the state.so that there must be publication of.notice and that's going to take up to 60.days so I have a local rule in our.courts in the moji circuit that requires.the department to file for an extension.of custody no later than 60 days before.the expiration of the order now question.you ever had those ever had it set for a.hearing and there's been no petition for.extension.yes well that's when steam comes out of.my ears yes so this is routinely.violated by the way it should be and I.don't know why it is but I will say this.since I have had the steam come out of.my ears and since I've had this rule at.least most 99.9% of time we're getting.those hearings by the time of the.expiration we're at least getting that.done but we could have already approved.permanency at least 60 days earlier than.that maybe 30 days earlier than that.it's a work in progress what can I say.what happens now.here here's a question that we wanted to.ask with regard to this slide and and.this is really important because I want.to emphasize that you cannot use a.checklist or template to decide.permanency for these children.we had a teenager who has a child both.of them are in foster care the teenage.mother and the infant the question is.should this teenage mother get any slack.on completing her reunification plan in.12 months or should the TPR be filed at.12 months in every case well the answer.of course is you look at it on a.case-by-case basis.if this teenage mother like the one I.have in Green County is complying with.her independent living plan is now.enrolled at the University of Georgia.one of the greater institutions of.learning in our state then yes.absolutely you give her more time you.give her more time and you try to help.her in every way you can but you've got.another mother who has not only not.followed the case plan does not attend.the independent living meetings shows no.interest in it whatsoever but has in.fact gone out and got pregnant again.and is about to have another child I.think we need to hold her to the same.standard we would an adult parent when.it comes to reunification so no the.answer is no you cannot have a hard and.fast rule for permanency for every case.you have to look at the facts and.circumstances of each case at the 12.months now the way we've handled the.teen cases in our jurisdiction then it's.exactly as judge Spivey saying I mean it.really is case by case you know there's.some teen mothers who turn out to be.wonderful mothers provide for their.child it just takes time they need extra.services you can't have a hard-and-fast.or we can't really on any case but the.way we handle it is that when a teen.mothers in care before she has her child.the court has no authority to place we.can't force a placement anywhere that's.up to the Department of Family.Children's Services but I'm always left.in the quandary of this and I've asked.them this on the record I've got a.teenage mama we've got to figure out in.12 months can she provide care or not if.she's getting her to our visits a month.it's real easy to be a mother like that.isn't it I've asked the Department how.are you really gonna know whether she.can take care of this child or not let.her have to get up to in the morning and.then get up and get ready and go to.school then you'll know and it's not so.much whether the mom has the skills.it's whether she's got the desire and I.don't want to say hard but she has a.desire for the abilities I had just had.a case yesterday earlier this week.teenage mothers surrender brights and.she said she did it because she knew it.was the right thing for her child that.she just couldn't provide the care and.she had a wonderful adopted family so.what I've told the Department is I can't.order placements in places you can but I.can guarantee you when we come back and.I have to make reasonable efforts.finding and this teen mama is seeing.this child two hours a month that's not.reasonable efforts in my court.I've never had a que I've never had a.case where they could not at some point.find a placement for that mother and.that child or a foster parent was.willing and it takes a special foster.parent to take these children in but.that was willing to allow a lot of.ongoing but every day after school on.the weekends and every one of those.cases we've had great success it's not.whether the mom has the skills or not as.whether she has the heart but we use.reasonable efforts that's how we got.around to it so when you have those.cases come up look at your local.jurisdiction and then see how we can.find out rather than just having that.magic number of 12 months later that you.make it into the various plans that's a.good stopping place you can want to take.a ten minute break a quick 10 minute.break and we're going to get into the.different selections for permanency the.preceding program is copyrighted by.Emory University please visit us at.Emory edu.

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