Judy%20Nord

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Permanency Timeline for Children in Out-of-Home
Placement

• Judy Nord
• Staff Attorney, State Court Administration
• and
• Manager, Childrens Justice Initiative
• 651-282-3972
• judy.nord_at_courts.state.mn.us

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The 12-Month Permanency Timeline Its Based on
the Healthy Development of Children
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Petition Content

• Mothers and fathers name and address
• Childs name and current address in foster care

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Service of Summons and Petition

• Personal service on mother AND father (except
  alleged fathers)
• Service by publication, if parents name or
  address unknown
• Service in foreign countries

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EPC Hearing Critical Attendees Often Missing

• Noncustodial parent (e.g., father)
• Attorney for parents (one attorney for both
  parents unless exceptional circumstance)

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Minn. Stat. 260C.163Counsel for Parents

• The court may appoint only one attorney to
  represent both parents for first hearing
• Exception Any party may request appoint of
  separate counsel
• Court determines and makes written findings or
  findings on the record that extraordinary
  circumstances exist that appointment of separate
  counsel

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Minn. Stat. 260C.163 Counsel for Parents

• County pays for court-appointed counsel for the
  parent
• Court must appoint attorneys retained by the
  county

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Minn. Stat. 260C.163 and Judicial Council
PolicyCounsel for Parents

• Attorneys appointed to represent parents must
  meet one of the following qualifications
• Experience Represented at least 10 parties or
  participants over the last two years
• Training Completed at least 18 hours of core
  skills training approved by State Court
  Administration
• Supervision Supervised by an attorney who meets
  the experience or training qualifications

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EPC Hearing Findings

• Prima Facie Case Established
• Endangerment - child or others endangered if
  child returns home
• Reasonable or active efforts to
• prevent removal
• reunify child (later stages of case)
• finalize permanency plan

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EPC Hearing Findings

• Best interests out of home placement is in
  childs bests interests
• Protective supervision
• Trial home visit
• Relative in home
• Emergency relative placement

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EPC Frontend Loading

• Assessments for parents can be ordered at first
  hearing, without adjudication -
• Types of assessments
• Mental health
• Chemical health
• Parenting capacity
• Medical, dental, etc.
• Visitation tersm

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Trial

• Commenced within 60 days of EPC or ADH, whichever
  is earlier
• Held over consecutive days
• Completed within 30 days
• Findings issued within 15 days of last person who
  testified (court may add 15 days, for total of
  30)

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Adjudication and Withholding Adjudication

• Adjudication may be withheld for up to 90 days
• Orders distributed to parties
• Recommend distribution to participants (at least
  parents)

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Dismissed, Termination of Jurisdiction, Reunified

• Dismissed
• Termination of Jurisdiction
• Reunified

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Out-of-Home Placement Plan

• OHPP must be prepared for each parent, including
  incarcerated parent, unless court finds
  reasonable efforts are not required
• OHPP must be filed within 30 days of childs
  court-ordered placement (ex parte order or EPC
  order)

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Out-of-Home Placement PlanCritical Components

• Safety risk for this child in this case
• Parents task list
• Behavioral change that parent must demonstrate
  and sustain (AND)
• Agencys responsibilities (reasonable or active
  efforts)

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Out-of-Home Placement PlanCritical Components

• Child and Family Services Review (CFSR) findings
• High foster care re-entry rate
• Caused when reunification is not yet safe??

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Permanency Progress Review Hearing

• Held on or before day 180 (month 6)
• For all children regardless of age
• Parent making progress on case plan
  demonstrating behavioral change?
• Parent maintaining regular contact with child?

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Permanency Progress Review Hearing

• If making progress and maintaining contact
  court can continue case for up to 6 months
• If not making progress OR not maintaining
  contact, court may direct county to file a
  permanency petition within 30 days

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Exceptions to Filing of Permanency Petition

• Child is on Trial Home Visit court may continue
  permanency proceeding for time child is in THV (6
  months)
• Prior CHIPS petition(s) during last 5 years for
  which child in OHP for 365 days or more upon
  showing of compelling reasons, court may extend
  permanency proceeding up to 6 months

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Reunification Options

• Trial Home Visit
• Return only to custodial parent
• Permanency clock continues
• Legal custody retained by county
• County may remove child without court order
• Maximum 6 months

• Protective Supervision
• Return to custodial or noncustodial parent
• Permanency clock continues if noncustodial but
  stops if custodial
• Legal custody returned to parent
• County may remove child only with court order
• Indefinite

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Questions and Wrap Up

• Judy Nord
• Staff Attorney and
• Manager, Childrens Justice Initiative
• 651-282-3972
• judy.nord_at_courts.state.mn.us