The Life of a Dependency Slide 2 Legal authority federal Legal
authority - state Child abuse/neglect defined Confidentiality
Collaboration Reasonable efforts Slide 3 Legal authority Federal
Child Abuse Prevention and Treatment Act (CAPTA) Requires states to
implement procedures for reporting suspected abuse and neglect,
investigating such reports and taking steps to protect children
found to be at risk of harm. Title IV of Social Security Act
Federal law that provides funding for family preservation, foster
care and adoption support. Requires states receiving funding to
provide reasonable efforts to keep families together and to reunite
them when children are placed out of the home. Requires that a
childs safety be the paramount consideration in child welfare
cases. Requires states file a termination petition when a child has
been in out-of-home care for 15 of the most recent 22 months,
unless compelling reason otherwise. Indian Child Welfare Act (ICWA)
Recognizes the heightened importance of maintaining an Indian
childs connection with his or her Indian tribe. And Indian child is
one who is a member of a federally recognized tribe or is eligible
for membership and is the biological child of a tribal member. Sets
standards for the removal of Indian children, priorities for
placement of Indian children, and requires notice of dependency and
termination proceedings to the tribe of an Indian child. Slide 4
Legal authority State DSHS is the agency required to provide child
welfare services, and shall: investigate complaints of ca/n offer
child welfare services regarding ca/n to families or bring the
problem to the attention of the courts have authority to accept
custody of children from parents and juvenile court monitor
out-of-home placements Slide 5 Legal authority State (cont.) RCW
13.34.020 The family unit should remain intact unless a child's
right to conditions of basic nurture, health, or safety is
jeopardized. Basic nurture includes the right to a safe, stable,
and permanent home and a speedy resolution of dependency and
termination proceedings. When the childs rights of basic nurture,
physical and mental health are in conflict with the legal rights of
the parents, the rights and safety of the child should prevail.
Washington State Indian Child Welfare Act (ch. 13.38 RCW) Defines
active efforts and best interests of the child Requires a good
faith effort to determine whether a child is an Indian child Slide
6 Child abuse/neglect defined "Abuse or neglect" means sexual
abuse, sexual exploitation, or injury of a child by any person
under circumstances which cause harm to the child's health,
welfare, or safety, excluding lawful physical discipline; or the
negligent treatment or maltreatment of a child by a person
responsible for or providing care to the child. "Negligent
treatment or maltreatment" means an act or a failure to act, or the
cumulative effects of a pattern of conduct, behavior, or inaction,
that evidences a serious disregard of consequences of such
magnitude as to constitute a clear and present danger to a child's
health, welfare, or safety. Slide 7 Confidentiality Information
about the child that is collected or retained by the Department is
confidential. It may only be released to individuals or entities
specified in the statute, such as parents or juvenile justice or
care agencies (e.g., police, court, prosecuting attorney, defense
attorney, attorney general, any public or private agency with
custody of the child). Upon request, the Department is required to
provide all records and information collected or retained by it
that pertains to the child to the child, the childs parents, or the
childs or parents attorneys, except: when the release of the
information would likely cause severe psychological or physical
harm to the child or his or her parents, or if the records relate
to voluntary services that the child was legally entitled to obtain
without parental consent. Slide 8 Collaboration You may conduct
ongoing case planning and consultation with mandatory reporters,
and with designated representatives of Washington Indian tribes, if
the client information exchanged is pertinent to cases currently
receiving child protective services Slide 9 Reasonable efforts
Reasonable efforts to prevent removal means offering services to
prevent or eliminate the need for the removal of the child from the
home. These include: Reasonably available preservation services,
including housing services, capable of preventing or eliminating
the need for out-of-home placement. Slide 10 Activity Small Group
Discussion (5 mins.): 1) At the time of the filing of the
dependency petition, what reasonable efforts to prevent removal had
been made in this case? 2) In your opinion, was this enough?
Why/why not? 3) What might you have done differently? Report back
to large group Slide 11 Court structure Dependency petition
Dependency defined Indian child defined Service of the petition
Removal Requirements for pick-up order Requirements for protective
custody AAG consult Slide 12 Court structure STATE SUPREME COURT
COURT OF APPEALS SUPERIOR COURT Juvenile Court is a division of
Superior Court Slide 13 Dependency petition Initiates court
involvement Anyone may file Must address each parent, guardian, or
custodian Must address the childs Indian status Must allege that a
child meets the legal definition of dependent child Slide 14
Dependency defined A dependent child is one who: (a) Has been
abandoned, or (b) has been abused or neglected, or (c) has no
capable parent or guardian, such that the child is in circumstances
which constitute a danger of substantial damage to the child's
psychological or physical development Slide 15 Indian child defined
Under ICWA, an Indian child is someone under 18 years of age who:
Is a member of a federally recognized tribe OR Is eligible for
membership in a federally recognized tribe and whose parents are
tribal members Department policy is to apply a broader definition
of Indian child that includes children with Indian heritage, even
if they dont meet the definition above. The Department applies its
ICW policies to these children for case-planning purposes, but this
is not a legal or court requirement. Slide 16 Service of the
petition 1) Personal service 15 court days prior to fact-finding
only exception out-of-state parent 2) Via certified mail received
15 days prior to fact-finding 3) Publication following due
diligence 1 st date of publication must be 25 days prior to fact-
finding Slide 17 Removal Children may be taken into custody by:
court order (pick-up order) law enforcement protective custody (PC)
Agreement of the parent (VPA) Hospital administrator or physician
(hospital hold) Slide 18 Requirements for pick-up order A
dependency petition and sworn statement supporting the pick-up
order have been filed There are reasonable grounds to believe the
childs health, safety, or welfare will be seriously endangered if
not taken into custody There are reasonable grounds to believe the
child is dependent Slide 19 Requirements for protective custody
There is probable cause to believe that the child is abused or
neglected AND The child would be injured OR The child could not be
taken into custody if it were necessary to first obtain a court
order Slide 20 AAG Consult You can consult with your AAG to discuss
whether your case is legally sufficient, and whether you have
sufficient facts to support removal of the child. When you do so,
please keep in mind the following: The AGO is an independent state
agency. The AGO does not represent individual social workers, but
instead represents DSHS and the people of the State of Washington.
Your AAG can advise you regarding legal sufficiency, but cannot
make policy decisions for you. Your communications with your AAG
are protected by attorney- client privilege, but you can waive this
by telling people outside your agency about our privileged
conversations. If you are considering a settlement of your case,
you need to discuss this with your AAG before you agree. Slide 21
Activity AAG Consult Demonstration (10 mins.) What are each parents
parental deficiencies? Were reasonable efforts made to prevent
removal, and if so how as to each parent? Would you request removal
of each child, and if so how would you support that decision? What
is the current status of custody as to each child, and how does
this affect the risk of harm posed by each of the parents? Slide 22
Legal standard Timing SW obligations before hearing In the
courtroom Discovery Courts considerations Slide 23 Legal standard
Court may order out-of-home placement if it finds reasonable cause
to believe that: Services were offered to prevent or eliminate need
for removal, AND No parent or guardian is available to care for the
child OR Release of the child to the parent presents a serious
threat of substantial harm to the child Slide 24 Timing Initial
shelter care hearing must occur within 72 hours of placement,
excluding Saturdays, Sunday and holidays Slide 25 SW obligations
before hearing Make reasonable efforts to provide notice to parents
of shelter care hearing Notify tribe, if Indian child under ICWA
Prepare discovery Perform due diligence to locate a relative
placement Attempt to facilitate visitation Slide 26 In the
courtroom Key players: Judge/Commissioner Court Reporter Judicial
Assistant/Bailiff Social Worker AAG Parent Parent Attorney CASA/GAL
Other interested people: Tribal representative Child Child attorney
Foster parents Relatives Friends and family Service providers Slide
27 Discovery The Department must provide the parent or parents
attorney with a redacted copy of records pertaining to the child
that are retained by the Department at a reasonable time before the
shelter care hearing. Provide an unredacted copy to your AAG, as
well. Slide 28 Courts considerations Court will appoint attorneys
to indigent parents Court will appoint GAL / CASA Court may set
case conference Reasonable efforts to prevent the need for removal
Placement, including: Appropriate relatives? Suitable person? Can
child safely remain in the home if non-offending parent obtains a
protective order? Visitation parent and sibling For children in
grades 6 through 12, the Department will identify an Educational
Liaison. Slide 29 Activity Small group discussion (10 mins.) 1) How
would you explain imminent risk of harm to Serena if she were
released to either parents care at shelter care? 2) How would you
explain imminent risk of harm to Zoe if she were released to either
parents care at shelter care? 3) How can you put your best foot
forward in court so that you are more credible? Report back to
large group Slide 30 Legal standard Indian child Timing Evidence
rules Settlement Working with your AAG Testifying Dispositional
hearing Placement Visitation Services Slide 31 Legal standard
Whether the child meets the definition of a dependent child by a
preponderance of the evidence. Remember, a dependent child is one
who: (a) Has been abandoned, or (b) has been abused or neglected,
or (c) has no capable parent or guardian, such that the child is in
circumstances which constitute a danger of substantial damage to
the child's psychological or physical development. Slide 32 If
Indian Child The Department is required to notify the childs tribe
or tribes of the dependency action by certified mail, return
receipt requested and by use of a mandatory Indian child welfare
act notice. In involuntary foster care and termination of parental
rights proceedings involving an Indian child the following are
required Proof that active efforts have been made to provide
remedial services and rehabilitative programs designed to prevent
the breakup of the Indian family and that these efforts have proved
unsuccessful. A determination, supported by testimony of qualified
expert witnesses, that the continued custody of the child by the
parent is likely to result in serious emotional or physical damage
to the child. These 2 elements need to be proved by clear, cogent
and convincing evidence. Slide 33 Timing Hearing must be held
within 75 days of petition being filed unless exceptional
circumstances exist. Courts interpret exceptional circumstances
differently. Slide 34 Evidence rules Evidence rules apply in the
dependency fact-finding hearing. Hearsay is not admissible. Impact
on your case: Witnesses who heard parents make admissions may have
to testify. Witnesses who experienced or observed abuse or neglect
firsthand may have to testify, unless exception applies. May need
to call providers, neighbors, family members, child. Slide 35
Settlement Where an agreement can be obtained that protects the
safety of the child and is legally sufficient based on the
evidence, it will be pursued. An agreed order is a settlement.
Agreed dependency orders are subject to the approval of the court,
and the court must find that the parent knowingly and voluntarily
entered into the agreement and understands its consequences. (b)
versus (c) considerations Slide 36 Working with your AAG When
preparing for a dependency fact-finding trial, you may want to:
Create a timeline of the case and send a copy to your AAG (1-2
pgs.). Request the AAG send you a list of questions you will be
expected to answer. Send the AAG a proposed witness list
identifying the name, address, phone number, role in the case, and
summary of the expected testimony. Slide 37 Testifying Do: Dress
appropriately Be truthfuleven if it hurts Be prepared to testify as
the expert Take your time Keep in mind your audience Speak in plain
language Answer the question asked Stick to your guns! Dont: x
Argue x Get mad x Assume anything x Answer a question with a
question x Equivocate x Give vague answers x Speculate x Agree to
inaccurate language Slide 38 Dispositional hearing May be delayed
up to 14 days after fact-finding for good cause Court will enter
orders regarding: Placement Visits (with parents and siblings)
Services Evidence rules need not apply at dispositional hearing
Slide 39 Placement To order out-of-home placement, the court must
find that reasonable efforts have been made to prevent removal from
the home, AND There is no parent willing or available to care for
the child OR clear, cogent, and convincing evidence supports a
finding that a manifest danger exists that the child will suffer
serious abuse or neglect if not removed Slide 40 Placement (cont.)
A child placed out of a parents home must be placed: with a
relative willing and able to care for the child, with whom the
child has a relationship and is comfortable with a suitable person
with a significant relationship with the child in a licensed foster
home Slide 41 Visitation Visitation with parents and siblings is a
right. It is presumed that visitation is in the childs best
interest. Visits may not be conditioned on compliance with services
or cooperation with DSHS. Slide 42 Services Order must set out
clear requirements for compliance and progress, and timeline for
completion. If the parent is unable to pay, DSHS is required to
provide funds for remedial services to the extent funding is
available to it for such specific services. Remedial services are
time-limited family reunification services, including: individual,
group, and family counseling; substance abuse treatment services;
mental health services; assistance to address domestic violence;
services designed to provide temporary child care and therapeutic
services for families; and transportation to or from any of the
above services and activities. If court-ordered remedial services
are unavailable for any reason, including lack of funding, lack of
services, or language barriers, DSHS is required to promptly notify
the court that the parent is unable to engage in the treatment due
to the inability to access these services. Slide 43 Activity Review
Social Worker testimony: pgs. 519-21 pg. 533 lines 7-19 pgs. 534-38
pg. 548 line 12-24 pg. 552 line 15 pg. 553 line 11 pg. 555 pg. 559
line 20 pg. 560 line 2 pg. 563 pg. 564 pg. 565 line 1 pg. 574 Slide
44 Activity (cont.) Review Detective Testimony: pgs. 24-28 pg. 29
pg 33 line 25 pg. 34 line 21 pg. 37 pg. 40 line 14 pg. 49 line 16
pg. 50 line 15 pgs. 60-66 pg. 83 line 16 pg. 85 line 15 Slide 45
Activity (cont.) Large group discussion: 1) What hurt the
credibility of the witnesses? 2) What helped it? 3) Whose testimony
was more effective, and why? Slide 46 Timing Issues before the
court Visitation Permanent plans Return home Adoption Dependency
guardianship Permanent legal custody Slide 47 Timing 1 st review
must be held within 90 days of dispositional hearing or 6 months
from date of placement, whichever is sooner. Subsequent review
hearings are held every six months. The first permanency planning
hearing must be held 9 12 months from the date of placement, and
then held at least every 12 months. Slide 48 Issues before the
court Services Have reasonable services been offered to facilitate
reunification? Have all parties complied with the service plan? Has
progress been made toward correcting parental deficiencies? Are
additional services necessary? Ongoing active efforts if Indian
child? Placement Is the placement appropriate? Is there a
continuing need for out-of-home placement? Visitation Has the child
visited with parents and had contact or visits with siblings, and
if not why not? Slide 49 Visitation Visitation with parents may
only be limited or suspended if the court finds that it is
detrimental to the childs health or welfare. If you are requesting
that the court limit or suspend a parents visits, you must be able
to answer this question: How is the current visitation plan
detrimental to the child? Slide 50 Permanent plans Return home
Adoption Guardianship Permanent legal custody Long-term relative or
foster care with written agreement Responsible living skills
program Emancipation Slide 51 Return home Court must find parent is
compliant with case plan, court orders, and treatment to order a
child returned home. Parent must maintain compliance with case plan
and court orders to keep child in the home. Child must be returned
home under court supervision for 6 months prior to dismissal of the
dependency. Slide 52 Adoption Prior to adoption all parents rights
must be terminated or relinquished. A termination petition starts a
separate but related action from the dependency. Slide 53 Title 13
Guardianship Court must make same findings as in termination of
parental rights by a preponderance of the evidence Court must find
that guardianship, rather than termination of parental rights or
continued efforts to reunify, is in the childs best interest
Dependency dismissed when Title 13 Guardianship is established
Slide 54 Permanent legal custody A separate action State is not a
party to the action Parties must hire their own lawyer No right to
counsel Dependency dismissed once custody order is entered Limited
financial support to family Slide 55 Extended Foster Care Youth who
turn 18 while in foster care can chose to remain dependent who are:
Pursuing their high school diploma or a GED; Going to college or
are in a vocational training program; Engaged in an activity
designed to remove barriers to employment (new category added in
2013) Engaged in employment for 80 hours or more per week. If a
youths dependency is dismissed at age 18, a youth can seek EFC
services before age 19 by way of a VPA or filing a dependency
petition. Youth may only do so once. A Non Minor Dependent is a
youth between the ages of 18 and 21 who is receiving EFC services:
court appointed attorney; case management services; 6 month review
hearings; permanency planning hearings. Slide 56 Activity Small
group discussion (15 mins.): At the 2 nd review hearing / 1 st
permanency planning hearing, what would you recommend to the court
and how would you support your recommendations to the court
regarding: 1) Placement of each child 2) Visitation plan for each
child 3) Service plan for each parent 4) Permanent plan for each
child Report back to the large group Slide 57 Activity (cont.)
Demonstration of SW testimony at a review hearing Lessons learned?
Slide 58 Legal standard Timelines Good cause exception ICWA Notice
ICWA Legal standard Termination as to both parents Common issues at
trial Slide 59 Legal standard State must prove by clear, cogent and
convincing evidence that: The child is dependent A disposition plan
has been entered The child has been removed from the parents
custody pursuant to an order of dependency for 6 months All
services ordered and all necessary services reasonably available
have been offered or provided Little likelihood that parent will
remedy parental deficiencies in the near future Continuation of
parent-child relationship diminishes childs prospects for early
integration into a permanent and stable home Court must find that
the parent is currently unfit. Court must also find by a
preponderance of the evidence that termination of parental rights
is in the childs best interest. Slide 60 Timelines Federal law DSHS
must file a termination petition if child has been placed out of
the home for 15 of the last 22 months, absent a compelling reason
otherwise. State law Juvenile court must order the filing of a
termination petition if a child has been placed out of the home for
15 of the last 22 months since the date of the filing of the
petition, unless good cause is found. Slide 61 Good Cause Exception
Good cause exception includes but is not limited to: Child is being
cared for by a relative; The Department has not provided to the
parents such services as the court and the department have deemed
necessary for the child's safe return home; The Department has
documented a compelling reason for determining that termination of
parental rights would not be in the child's best interests; Where a
parent is in a dependency treatment court or in a long-term
substance abuse or dual diagnosis treatment program and is in
compliance with the program; A parent files a declaration under
penalty of perjury stating the parents financial inability to pay
for the court-ordered services, and also declares that the
Department was unwilling or unable to pay for the services
necessary for the childs safe return home. The parent is
incarcerated or parents prior incarceration is a significant factor
in the childs length of stay, the parent maintains a meaningful
role in the childs life, and the Dept. has not documented another
reason why it is otherwise appropriate to file a termination
petition. Slide 62 ICWA - Notice In a termination proceeding where
the court knows or has reason to know that an Indian child is
involved, the Department must: Notify the childs tribe, and if it
cannot be determined notify the BIA, by registered mail. Notice
must allow BIA 15 days after receipt to notify the childs tribe.
Slide 63 ICWA Legal standard Court must also find beyond a
reasonable doubt that the continued custody of the child by the
parent or Indian custodian is likely to result in serious emotional
or physical damage to the child. This finding must be supported by
testimony of a qualified expert witnesses. Washington State ICWA
lists who may be such a witness, but it cannot be the assigned
social worker. Department must also prove that it made active
efforts to provide remedial services and prevent the break-up of
the Indian family, and that these efforts were unsuccessful.
Washington State ICWA defines active efforts as a showing that the
Department actively worked with the parent to engage him or her in
remedial services and rehabilitation programs. Slide 64 Termination
as to both parents Department policy is not to terminate parental
rights as to one parent only. Why? Termination of parental rights
eliminates the childs rights to inheritance, the childs
relationship with extended family, and entitlement to further child
support. It should only be pursued with the goal of achieving
permanence through adoption. Slide 65 Common issues at trial Were
all court-ordered services offered to the parent? Were all
reasonably available necessary services offered to the parent?
Given the parents compliance with some services, is there little
likelihood that the parent will remedy the parental deficiencies in
the near future? What is the near future for this child? How does
continuation of the parent-child relationship diminish the childs
prospects for integration into a permanent home? Why is termination
of parental rights in this childs best interests? Slide 66 Activity
Small group discussion (10 mins.): 1) What element/s of termination
will be more difficult to prove in each childs case, and why? 2)
How could you address those issues before or during trial? 3) How
would your case change, if at all, if you received notice that Zoe
is an Indian child under ICWA? Report back to large group Slide 67
Appeals Court of Appeals Appeals Supreme Court Liability Sanctions
Humanistic litigation Goal of dependency Slide 68 Appeals Court of
Appeals What is the Court of Appeals? A court that hears appeals
from decisions of the Superior Court. Its cases are decided on the
record. If it publishes a decision, the decision becomes law. What
happens to our cases when a decision is pending at the Court of
Appeals? Consult with your assigned AAG. When a termination is on
appeal, you may not move to adoption, depending on your local
practice and compliance with state-wide policy. RAP 18.3(k)
requires the Department to provide notice of intent to deliver
consent to adoption. How long does it take to get a decision in a
case before the Court of Appeals? It depends on the issue on
appeal. Expect it to take up to a year, and in some cases more.
Slide 69 Appeals Supreme Court What is the Supreme Court? The
Supreme Court is the final court of appeals in our state. It
handles appeals from the Court of Appeals. Its cases are decided on
the record. Its decisions become law. When does the Supreme Court
take our cases? It is not required to take our cases. It takes them
when an issue of statewide importance is involved. It takes only
140 cases total per year. How long does it take to get a decision
in a case before the Supreme Court? A long time. You can be looking
at more than a year. Slide 70 Liability What is a tort? It is a
civil wrong for which the law may award monetary damages.
Negligence The failure to exercise ordinary care, doing some act
which a reasonably careful person would not have done, which then
causes harm to a person that results in damages. Intentional torts
Civil rights violation Children have a constitutional right to be
free from an unreasonable risk of harm and to have their basic
needs met. Failure to ensure that these rights are protected could
be a civil rights violation. What if a SW is sued? State employees
are defended by the AGs Office and all costs of representation and
resolution are paid by the State when the acts or omissions of the
employee were in good faith and within their scope of employment or
official duties. Representation can be denied if the employee
engaged in misconduct or personal business. Bottom line Solid,
defensible mistakes will occur. Apply critical thinking at key
decision points. Review all necessary documents before making your
decisions. Document your decision-making process. Be prepared to
articulate and defend your decision. Slide 71 Sanctions How can a
person be sanctioned by the court? The written court order includes
the courts ruling regarding what action should be taken in a case.
A person can be sanctioned for violating or failing to comply with
the court order. What happens if a person is sanctioned? Contempt
of court: financial sanctions, detention, etc. Who may be
sanctioned? Sanctions may be imposed on a non-compliant person,
including a child, Social Worker, or parent. Slide 72 Humanistic
Litigation Adversarial system Encourage getting parents invested
early Avoid child witnesses, when possible Difficult questions will
be asked Settlement is generally better than a contested hearing
Dealing with most vulnerable population avoid humiliation Slide 73
Goals of dependency Protect the safety and welfare of the child.
Reunify the child with a capable parent. Where reunification cannot
or does not occur, ensure stability in the childs life and
permanency as soon as possible. Slide 74 For your hard work For
your patience For your professionalism For protecting children
