Introduction to Child Welfare Practice - PowerPoint Presentation

1. Introduction to Child Welfare PracticeBasics of Child Abuse & Neglect LawBenjamin Zivyon, Esq.Department Head, Child Protection UnitOffice of the Attorney General

2. OverviewProfessions involved with “child welfare” system:Social workLaw enforcementMental HealthMedicine NursingLaw Education Today:Federal LawState Law

3. Sources of Law - FederalU.S. Constitution14th Amendment - Due Process Clause (procedural & substantive)Initial Federal Involvement Social Security Act (1935; amended 1962) – provides money to states to expand child welfare services, e.g.: family support servicesfoster care paymentsadoption subsidies* available only if state meets eligibility requirementsU.S. Children’s Bureau

4. CAPTA (1974; amended numerous times since)Child Abuse Prevention and Treatment ActAuthorized federal $ to improve state response to abuse & neglect.Focused on improving investigating & reporting Funds programs that identify/treat child abuse and neglect: Training; research; regional multidisciplinary centers focused on child abuse & neglectCreated National Center on Child Abuse & Neglect – to administer CAPTASources of Law - Federal

5. Adoption Assistance and Welfare Act (1980)Changed focus to family preservation Judicial determination that continuation in home would be contrary to health, welfare, or safety of childRequires states to make “reasonable efforts” to avoid removal; when removal is necessary, requires “reasonable efforts” to reunite family Requires every child in foster care to have “permanency plan” to return child home or move towards termination of parental rights Established Title IV-E of Social Security Act, gave states money for foster care payments and adoption subsidies for special needs children Sources of Law - Federal

6. MEPA (1994) Multi-Ethnic Placement ActState must recruit ethnically and racially diverse foster parent poolAnti-discrimination provisions State may not deny placement because of race/origin of foster parent or child Sources of Law - Federal

7. ASFA (1997) Adoption and Safe Families ActFocus on safety, adoption and permanency of child (versus rights of biological parents)Establishes strict timelines for reunification / TPRMakes IV-E money contingent on meeting state plan and case plan requirementsSources of Law - Federal

8. ASFA, cont.State must make reasonable efforts to: Maintain family unit and prevent unnecessary removalEffect safe reunification of child and family (if temporary out-of-home placement necessary to ensure immediate safety of child)Make and finalize alternate permanency plans in a timely manner, if reunification not appropriate/possible 45 CFR §1356.21(b)Sources of Law - Federal

9. ASFA, cont."Contrary to Welfare" Determination in First Court Ruling Removal from home must be result of judicial determination that continuation in home is contrary to welfare of child, or placement outside home is in best interest of child. Reasonable Efforts to Prevent RemovalIf child is removed, judicial determination re: reasonable efforts to prevent removal must be made no later than 60 days from date child removed. If determination not made, child is not eligible for Title IV-E foster care payments for duration of that stay in foster care. 45 CFR §1356.21(b)(1)Sources of Law - Federal

10. ASFA, cont.Reasonable efforts to prevent removal or reunify family are not required where: Parent subjected child to aggravated circumstances(as defined in state law)Parent convicted of murder or voluntary manslaughter of another child of parent, aiding or abetting, attempting, conspiring or soliciting to commit murder or voluntary manslaughter, or felony assault that results in serious bodily injury to the child or to another child of parent Parental rights have been terminated involuntarily with respect to a sibling 45 CFR §1356.21(b)(3)Sources of Law - Federal

11. ASFA, cont.Permanency hearing must be within 12 months of child entering care Permissible permanency goals under ASFA are: Return to parent AdoptionLegal guardianshipPlacement permanently with a fit and willing relativeAnother planned permanent living arrangement, but only if state agency has documented to court a compelling reason why no other options would be in child's best interest 45 CFR §1355.20 Sources of Law - Federal

12. Sources of Law - FederalASFA Permanency HearingsFinding of reasonable efforts to finalize plan must be made within 12 months of date child entered foster care, and at least once every 12 months thereafter while child is in care. 45 CFR §1356.21(b)(2)

13. Sources of Law - FederalASFA, cont.State must file or join in a petition to terminate parental rights if child has been in foster care for 15 of most recent 22 months. 45 CFR §1356.21(i)(1)(i) State does not have to file for TPR if:  Child is with a relative  Documented that TPR not in Best Interests Of the ChildReasonable efforts not yet fulfilled 45 CFR §1356.21(i)(2)

14. Sources of Law - FederalFoster Care Independence Act (1999)Assists youth aging out of foster care in obtaining & maintaining independent living skills.Increased funding to states to design programs to assist foster youth aged 18 to 21 in transitioning out of foster care. Encourages states to create programs that support youth by addressing finances, housing, health, education, and employment

15. Sources of Law - FederalFostering Connections to Success Act (2008)Allows states to provide payments to relatives/kinship committed to caring for a child who’s been living with them for at least 6 monthsPermits states to provide federally funded foster care to children up to age 21, given that they are enrolled in school, vocational program, or working. Requires educational stability for foster children.Requires states to develop plan for oversight of foster children’s health care services.Requires reasonable efforts to keep siblings together in foster care.

16. Sources of Law - FederalPreventing Sex Trafficking and Strengthening Families Act (2014)Requires identifying, documenting and reporting instances of child sex trafficking and determining appropriate servicesRequires states to implement a “reasonable and prudent parent standard” for foster parentsEliminates APPLA as goal for children under 16

17. Sources of Law - FederalFamily First Prevention Services Act (2018)Reforms federal child welfare financing Title IV-E and Title IV-B to provide services to families at risk of entering child welfare systemFederal reimbursement for mental health services, substance abuse treatment and parenting training to prevent children from entering careLimits Title IV-E reimbursement for congregate care to two weeks, with some exceptions

18. Sources of Law - StateConnecticut General Statutes17a (DCF functioning/obligations, children’s rights, TPR)46b-120 et seq. (Juvenile Court statutory authority)45a-603 et seq. (Guardianship Matters in Probate Court) Additional Guidance Practice Book Chapters 26, 32a-35aDCF RegulationsDCF Policy Manual

19. Sources of Law - StateAbuse and Neglect Proceedings Neglect petition gives Juvenile Court jurisdiction over cases where child is alleged abused, neglected or uncared for.CGS § 46b-120 through 46b-129

20. Sources of Law - StateAbusephysical injury or injuries inflicted other than by accidental means; orinjuries at variance with history given; orcondition which is result of maltreatment such as, but not limited to, malnutrition, sexual abuse, sexual molestation, deprivation of necessities, emotional maltreatment or cruel punishment. CGS § 46b-120

21. Sources of Law - StateNeglectabandoned; ordenied proper care and attention, physically,educationally, emotionally, or morally; orpermitted to live under conditions, circumstances or associations injurious to well-being; orabused. CGS § 46b-120

22. Sources of Law - StateUncared Forhomeless; orhome cannot provide the specialized care which his physical, emotional or mental condition requires; oridentified as victim of trafficking, as defined in section 46a-170. CGS § 46b-120

23. Emergency Removal, i.e. “96-Hour Hold”Used by DCF to obtain custody of child believed to be in imminent danger CGS § 17a-101

24. Removal - Legal StandardFor DCF to exercise 96-Hour HoldDCF must have probable cause to believe child is in imminent risk of physical harm and immediate removal is necessary to ensure child’s safety CGS § 17a-101gAND Situation must be so dire that insufficient time exists, consistent with child’s safety, to seek ex parte OTC. Tenenbaum v. Williams, 190 F.3d 581 (2d Cir. 1999)

25. Removal and Temporary CustodyLegal StandardsShortly after 96-Hour Hold is exercised, or absent 96-Hour Hold, DCF will apply for ex parte Order of Temporary Custody (OTC)StandardReasonable cause to believe child is suffering from serious physical illness or injury, or is in immediate physical danger from surroundings, such that immediate removal is necessary to ensure child's safety. CGS § 46b-129

26. Filing of Neglect PetitionFiled by anyone identified in CGS § 46b-129Nature and content of petition Court form Jurisdictional facts Summary of factsAppointment of counsel for childPreliminary Hearing within 45 daysAssistant Attorney General to represent DCF

27. Court ProcessesTrialAdjudicatory & dispositional phases presumptively non-bifurcatedRules of Evidence somewhat relaxed, but still applyConn. Code of Evidence 8-1

28. Motion PracticeGenerally, see PB § 34a-1Visitation: Justin F. 116 Conn. App. 83 (2009) Court held that trial court did not err by deferring visitation decisions to DCF after several court orders and disagreements among parties

29. Motions to Expect or FileIn Court Review of Service PlanIn Court Review of Placement or Relative AssessmentSpecific ServicePlacement ChangeMotions to StrikeMotion for Emergency Relief: see PB § 24a-23Motion to Revoke CommitmentRequests for evaluations, e.g. psychological, psychiatric, psycho-sexual, interactional, competency: see PB § 34a-21

30. Authority of Court to Determine Motions“Reasonable efforts” requirement: state and federal lawAuthority of court to direct caretaker to take action BIOC: CGS § 46b-121Authority of court to issue preliminary orders, including visitation: CGS § 46b-129Right of child to petition court for violations of child’s rights: CGS § 17a-16

31. Court Practice - PleadingsNo written counter-pleading required but some permittedResponse to summary of factsMotion to Dismiss (jurisdictional, service)Motion to Strike (insufficiency of pleadings)Objection/Statement in response to permanency plan (required by child)

32. Termination of Parental RightsState must prove by clear and convincing evidence that:Statutory ground (fault) for TPR exists; DCF made reasonable efforts to reunify OR parent is unable to benefit from reunification efforts; andTPR is in best interests of the child CGS § 17a-111;112

33. Termination of Parental RightsStatutory Grounds for TPRFailure to rehabilitateAbandonmentNo parent/child relationshipConsentParent killed another childOmission/commissionSexual assault resulted in conception of child

34. Termination of Parental RightsUnusual CircumstancesReasonable efforts not required: CGS § 17a-111-112Co-terminous petition permitted DCF files neglect petition and TPR petition simultaneously; Court must find that aggravating circumstances exist and reasonable efforts are not required.

35. Important Case LawJuvenile Appeal (83-CD), 189 Conn. 276 (1983) Valerie D., 223 Conn. 492 (1992)David L., 54 Conn. App. 185 (1999) Michael D., 58 Conn. App. 119 (2000)Shaquanna M., 61 Conn. App. 592 (2001)Tayquon H., 76 Conn. App. 693 (2003) Samantha C., 268 Conn. 614 (2004)Christina M., 90 Conn. App. 565 (2005), aff’d, 280 Conn. 474 (2006) Brianna C., 98 Conn. App. 797 (2006)Joseph W., 305 Conn. 633 (2012) Leah S., 284 Conn. 685 (2007)Tayler F., 296 Conn. 524 (2010) Justin F., 137 Conn. App. 296 (2012)Henry P. B.-P., 327 Conn. 312 (2017)Katherine H., 183 Conn. App. 320 (2018)Matthew C., 188 Conn. App. 687 (2019)See CCA case library at: https://cca-ct.org/caselibrary.php for additional cases & case summaries