Engaging Fathers in Child Welfare Cases:

Tips for Lawyers and Judges

Presented by:

Ron J. ClarkKevin Brown

Richard CozzolaJudge James W. Payne

Why Fathers Matter

Ron J. Clark, MPP Consultant

Who We Are:

• Non-profit, non-partisan, non-sectarian organization

• Founded in 1994 to combat the most consequential social trend of our time:

Widespread Fatherlessness in theLives of Our Nation’s Children

NFI’s mission:

To improve the well-being of children by increasing the proportion of children growing up with involved, responsible, and committed fathers in their lives.

Educate - The Facts of Father Absence

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1960 1970 1980 1990 1995 2000 2004

Today, over 24 million children live in homes without their fathers

1 out of 3 children nationally live in father-absent homes 2 out of 3 African American children live in father-absent homes

In 1960, 8 million children lived in father-absent homes

Proportion of Children in Father-Absent HomesAll data is from “The Living Arrangements of Children,” U.S. Census Bureau, 2005.

Educate - The Effects of Father AbsenceCOSTSChildren of father-absent homes are:• Five times more likely to live in

poverty• Three times more likely to fail in

school• Two times more likely to develop

emotional or behavioral problems• Two times more likely to abuse

drugs• Two times more likely to be abused

and neglected• Two times more likely to become

involved in crime• Three times more likely to commit

suicide

BENEFITS

Studies show that children with involved fathers display:

• better cognitive outcomes, even as infants

• higher self-esteem and less depression as teenagers

• higher grades, test scores, and overall academic achievement

• lower levels of drug and alcohol use

• higher levels of empathy and other pro-social behavior

All data from Father Facts, 5th Ed., 2007.

Why Child Welfare Must Focus on Father Engagement?

• Compared to living with both parents, living in a single-parent home doubles the risk that a child will suffer physical, emotional, or educational neglect. (America’s Children, 1997).

• Children in father absent homes are five times more likely to be poor. In 2002, 7.8 percent of children in married-couple families were living in poverty, compared to 38.4 percent of children in female-only households. (U.S. Census Bureau, 2003).

• Fathers are absent from the homes of about 75% of the children placed in foster care (QIC-NRF Project Sites – Preliminary Finding).

• Engaging fathers of foster children can be important not only for the potential benefit of a child-father relationship (when such a relationship does not pose a risk to the child's safety or well-being), but also for making placement decisions and gaining access to resources for the child.

• Once in foster care, these children may experience less contact with their non-resident fathers.

• There has been lack of attention to family structure and to fathers in child welfare ---- child welfare reviews and national reporting of child welfare data

Good News!

• Decrease in father absence in past 4 years (2004-2008)

• 34.5 percent of children (2004) to 32.6 (2008)

• 2 million more children live in homes with their biological fathers

2008 U.S. Census Bureau

Resources

• Quality Improvement Center on Nonresident Fathers

www.fatherhoodqic.org

• National Responsible Fatherhood Clearinghousewww.fatherhood.gov

• National Fatherhood Initiativewww.fatherhood.org

Father-Friendly Check-Up

• Tool to help agencies create an environment that involves non-resident fathers and foster the healthy development of children

• Seven Assessment Areas1. Leadership & Organization Philosophy2. Program Management Policies &

Procedures3. Parent Involvement Program4. Program Physical Environment5. Staff Training & Professional Development6. Collaboration & Organizational Networking7. Community Outreach

Educate - Outdoor PSAs

Promising Practices: Recruitment

• Why Do Men Get Involved In Fatherhood Programs?

» Talk with other dads» Child support» Help with locating resources» Parenting tips

Promising Practices: Recruitment

• Key Recruiter Characteristics– “Firmth” (Firm plus warmth)– Keep your word– Persistence– No limit –”Outside the box mentality”– Good listener– Offers real solutions– No fear of fathers and/or their environment

Where are the fathers?

• Fishing Locations• Hunting Locations• Sporting Events • “Bass Pro” type

venues• Barbershops• Fire Stations• Correction Facilities• Healthcare Facilities

• Educational Facilities• Entertainment

Facilities• Restrooms• Businesses• Religious Institutions• Military• Airports• Racing Facilities

Societal Factors That Influence the Development of Manhood & Fatherhood

  Discouraging the expression of

emotions -- “Real men don’t cry” Anger is an acceptable male

emotion Dominant, disconnected and

dangerous Being physically strong Ambition and competition Good occupational functioning Athletic ability Economic success Sexual conquests

What Fathers Say…

Many men are dealing with depression and other mental health challenges.

Program staff/facilitator/recruiter may need to deal with other major issues before addressing the fatherhood/child welfare issue (i.e., homelessness, substance abuse, transportation, mental health).

What Fathers Say…

• Fathers feel like no one is hearing them or advocating for them.

• Recruiter/Facilitator needs to listen to the father’s needs before “pushing the paperwork or program”.

• Facilitator will initially serve as fathers’ source of courage and self-esteem.

What Fathers Say… Many men lack confidence in government

programs because of past unfulfilled commitments from government programs…ex., completed job training program but never received job.

Men feel inadequate to face court system alone. “Me vs. The World” mentality.

Self support is critical…”If you can’t take care of yourself, it’s hard to focus on your child or the program.”

What Fathers Say…

Due to personal father-absence, many men do not have any idea how to be a father…They learn parenting in the process…”Our kids are teaching us how to be parents.”

What Fathers Say…

Show successful stories of fathers via video who have regained custody of their children.

Facilitator needs to consistently and continually acknowledge minor and major progress steps by the father

What Children Say…If your father wasn’t involved in your life, did you

want to know him better or see him more?• Yes-- He’s in my life but I would love to be able to

see him more.”• “Yes – Because I still love him.”• “No – I turned out fine without him.”• “Yes – I wanted to see him and know him better.”• “Yes – The system continued to schedule visits with

my mom but would not let us have visits with my dad.”

• “Yes – I would love it if my dad was there my whole life.”

• “Yes – Because it’s kinda hard being without a dad and so many things are going wrong

• “Yes – I want to feel like I have an actual father. I want to feel like he cares. I want to know my father. I want to feel like I actually have a father.”

Margaret Mead

“The primary task of every civilization is to teach the young men

to be fathers.”

Thank You!

• Ron J. Clark, MPP

Consultant

Ronjclark@aol.com

(757) 344-5685

One Father’s Story

Kevin Brown is a father who is the primary caretaker for his three teenage children.  He has been their primary caretaker since they were returned to him from the Illinois foster care system in 2002.  He is also a member of the Board of Directors of the Legal Assistance Foundation of Chicago.  Mr. Brown is a member of Narcotics Anonymous and has been clean for 13 years. He has spoken at the National Conference for Court Appointed Special Advocates and at the Annual Luncheon of the Legal Assistance Foundation of Chicago. Mr. Brown grew up in Mississippi and lives in Chicago. 

Representing Fathers inChild Welfare Cases

Richard Cozzola

Director-Child & Family Practice Group

LAF – Chicago IL.

With references to ABA Publication

Advocating for Non-resident Fathers in

Child Welfare Court Cases

(Vivek Sankaran, Andrew Cohen, Hon. Len Edwards)

To determine level of constitutional protection, look to level of involvement: “grasping the opportunity.”

Quilloin and Lehr: Fathers who have not made effort to establish relationship with children, cannot use Constitution to disrupt placement.

Importance therefore of establishing parental relationship via affidavit, registry, court

If relationship exists entitled to due process protections. If no relationship, was there a meaningful opportunity or

was relationship blocked by fraud/concealment.

Constitutional IssuesVivek Sankaran

Protections Under State Law Vivek Sankaran

Notice/opportunity to be heard/participate Visitation/Court appointed counsel

Presumption of parental fitness But many states – non resident fathers lose

presumption once finding that child was abused regardless of parent who abused child; once this happens burden shifts for father custody.

Or father gets physical custody but court retains legal custody – decision making

Some states if father willing to immediately assume care/custody, court dismisses case- granting custody to father.

Representing Non-Resident Fathers

Andrew Cohen

1) Protect standing: establish paternity/right to participate.

2) Advocating for client goals

a) With client: explain process, risks benefits, other outcomes such as child support.

b) Does he want custody or want a relative to care for child.

c) Tell CPS client's goal of custody.

d) Seek visitation.

Representing Non-Resident Fathers

Andrew Cohen

3) Visits: CPS must provide, client needs to attend, if possible accept every visit.

a) Don't be late or leave early; confirm if required.

b) If CPS refuses visits seek court intervention

c) If transportation impossible or agency refuses to schedule consistent with work schedule, seek court intervention – finding of no reasonable efforts.

d) If child has negative reaction to visits, work with father and worker.

Representing Non-Resident Fathers

Andrew Cohen

4) Services

a) Get case plan

b) Negotiate case plan services

c) Parenting education services often helpful to fathers

d) Services checklist includes: job training, housing assistance, parenting classes, anger management, NA/AA, referrals to other legal assistance, i.e. VA, housing, immigration

e) Ask about father specific services

JudgesHon. Len Edwards, Ret.

When potential father comes to court – positive feedback/important person in child's life.

Complete paternity testing ASAP Make it clear that father may be a placement possibility Identify father's extended family; ensure they know about

legal proceedings & be considered as potential placement

Permit extended family to participate in group decision making processes, visitation, court hearings.

JudgesEdwards, Martinez, Rubin, Schroeder, Cohen

Encourage agency to locate father early Consider father as resource Explain that non-custodial does not mean unfit Court appearances & services which accommodate work

schedule, transportation Iowa

Parent mentors Handbooks Zero to Three Project with focus on fathers.

Male Help Seeking and Engaging Dads• Men and women learn and seek help differently• These differences should not cloud objective assessments

of the father’s interest, capacity or ultimately what is in the child’s best interest. – Father doesn’t want to do the assigned parenting class.

You find out that the class is mostly women and the focus is on emotional disclosures. Will this service truly benefit this dad?

• Identify services that are informational and provide concrete practical guidance.

• Discussions should be action oriented and focus on planning for the future and resolving problems.

Learn the Law – One ExampleReasonable Efforts: Legal/Policy Background

• Adoption Assistance Act – More focus on reunification; AFSA on the overall permanency goal.

• Fostering Connections – Emphasis on relatives though may be difficult to find an enforcement key (check state law for more specific requirements).

• Understand Artist M. and how it does not impact individual decisions.

• Know the Law on Reasonable Efforts– A no reasonable efforts finding is not the end of all

funding for your state child welfare agency despite what some claim.

REA$ONABLE EFFORT$: 45 CFR 1356.21-REMOVAL

•(1) Judicial determination of reasonable efforts to prevent a child's removal from the home.

•(i) When a child removed from home, judicial determination as to whether reasonable efforts were made, or not required to prevent the removal . . . must be made no later than 60 days from removal date . . .

•(ii) If the determination concerning reasonable efforts to prevent the removal is not made as specified in paragraph (b)(1)(i) of this section, the child is not eligible under the title IV-E foster care maintenance payments program for the duration of that stay in foster care.

REA$ONABLE EFFORT$:45 CFR 1356.21(b)(2) Judicial determination-reasonable efforts to finalize permanency

plan.

•(i) State agency must obtain judicial determination it has made reasonable efforts to finalize the permanency plan (reunification, adoption, legal guardianship, placement with fit/willing relative, placement in another planned permanent living arrangement) within 12 months of date child entered foster care & at least once every 12 months thereafter . . .

•(ii) If judicial determination regarding reasonable efforts to finalize a permanency plan not made in accordance with the schedule prescribed in (b)(2)(i), child becomes ineligible under IV-E at the end of the month in which the judicial determination was required to have been made, and remains ineligible until such a determination is made.

Significance at Removal Hearing

• Feds get importance of TC.• No Reasonable Efforts at TC can be a big deal, but

agency has 60 days from removal to correct.• Implications for what parent’s attorney – and others court

people do at TC. • A no reasonable efforts finding could light a fire to get

services going• Could tell the client something about his/her attorney and

the rest of the system

Reasonable Efforts Later in case

• At 12 Month Intervals:– If No Reas Efforts granted - Only shorts the funding for

a month – unless it does not get fixed in that time.– Implications of deferring ruling with specific instructions

to the agency– Implications for holding everyone accountable

Utilize the Law in Your Work

Reasonable Efforts• Out of court -Inquire about the father/paternal relatives early…

and often

• In Court - All Attorneys/GALs/CASA ensure that the agency makes reasonable efforts:

– Remind agency to continue efforts to find the father & paternal relatives

– In court inquire about father’s whereabouts (all attys) – status of paternal relatives.

– Look- for paternal relatives yourself/through client.

– Asking the child (if age appropriate); Asking the mother and other known relatives about the father.

– Using the Reasonable Efforts Language in Court

Inquire about the father and paternal relatives early…and often

• If you don’t…– It prevents the child from maintaining or establishing an

important connection with a parent. – It may prevent the child from maintaining or

establishing connections with paternal relatives.– It deprives the child, court and parties of important

information about the father’s and his relative’s capacity to parent or be involved in the child’s life.

– It may delay permanency for the child if adoption is the goal.

Specific Issues in Representing Fathers

• Interview

• Understand Family

• Understand Placement Options

• Establish Goals/Revise Goals

• Disspell Myths

• Explain the Control in the Uncontrollable

Aaron-Interview & Overall Goals Interview information

Genogram Job Goals clarification Story of relationship His view of mom His view of dad His view of self View/wishes for

children. AA

Group Decision Making Listening Rules-Kinship Clarifying

Positive steps each court date

Job AA Family-Kinship Rules Communicate positive

view of children

Aaron

Interview and Post

– Bringing the family issues to the attention of the court. – Getting agreement before court and commitment from

worker in court on record to explore family.– Call the agency post court and track the issue and move

on it early.

– Asking court to defer reasonable efforts (or court deciding

to defer reasonable efforts TC finding on its own motion).

Life of Case

Reasonable Services Reasonable Visitation Realism with Client Giving control to client: you role – his role. Advocacy outside of court

With worker, providers & at meetings/staffings. Advocacy in Court

Something positive each court date Motions to match the out of court work client does.

Tips for Judges and Agencies:

You Can’t Have One Without the Other

• James W. Payne, Director• Indiana Department of Child Services

Together We Can

• Agencies play the first role

• Agencies have to be good at what they do

• Agencies have to ensure fathers are there

• Judges have to know agencies policies

• Judges have to support getting fathers

• Judges can help ensure kids have fathers

Agency responsibility

• CAPTA, AACWA (PL 96-272), AFSA, Fostering Connections, etc

• Reasonable efforts findings

• Policy to practice

• Actualize practice- not formalize

• Create liability for failure to find fathers– Pennsylvania case

Why/Why Not

• Doubles the resources- and the work

• Potential placements- added supports

• Reimburse for costs of services

• Failed CHINS and TPR cases

• Too late- like starting over

• Faster permanency- close it sooner

• The systems biggest prejudice

How?

• Ask CP at time in Court-

• Put party under oath in Court

• Have agency attorney do or Court to do

• Insist on written genogram

• Ask at every hearing

• When was father last seen, heard, contacted

• Last time his family contacted

• Do searches- BMV, fishing/hunting, jail/DOC, Court records, FPLS, US Search

And!!• Get Paternity or Divorced filed

• Look at data of father finding

• Manage to the data

• Train Case workers- & supervisors- all

• Ensure services for fathers

• Ensure they are engaged & involved

• CFSR data- PIP

• Look at resources- Fatherhood initiatives- private, Title IV-E, Title IV-B, etc

Judicial Responsibility

• Fair to custodial parent- Mom

• Fair to child

• Fair to father and his family

• Necessary party

• Accountability

• Hold to time lines

How?

• Ask at 1st hearing

• Put parent under oath

• Put in writing- make CP write it out

• Ask at next and all hearings

• Where is father’s family

• Get picture of father in file

• Outside jacket- or electronically

Court Involvement

• GSL/CASA aware of finding fathers

• Foster placement of father involvement

• Parents attorneys are trained

• Father’s family is welcome

• Have seating for all

• Make sure fathers & family are ID’d

And!!

• Meet with local agency head on policy

• Ask for policy and practice- training

• Ask for data on father finding

• Invite father’s family in

• Make court building family friendly

• Court staff know of family participation

• Hold hearings on time

• Work with IV-D, Paternity & Divorce Courts

• Track fathers on Court records

Thanks for Fathers!!

Legal Resources from the QIC NRF

• Book and Curriculum for Fathers’ Attorneys • Judicial Bench Cards• Father Friendly Check Up for Courts• Guides for Fathers • Guides for Children’s Attorneys, GALs and CASAs• Guide for Agency Attorneys Literature

Review/Annotated Bibliography

Available at: www.fatherhoodqic.org, or e-mail lisa.pilnik@gmail.com for hard copies (if available)

Contact Us

Ron Clark, ronjclark@aol.com

Richard Cozzola, rcozzola@lafchicago.org

Judge James Payne, james.payne@dcs.in.gov