Chapter 8 Negotiating for Services for the Family in Court; Admissions to the Petition
Library | Representing Parents in Child Welfare Cases: Advice and Guidance for Family Defenders (ABA) (2015 Ed.) |
CHAPTER 8 Negotiating for Services for the Family in Court; Admissions to the Petition
Kara Finch
Services to parents and children in abuse and neglect proceedings can make the difference between a timely reunification of the family and a child's extended stay in foster care. Focusing on services from the beginning of the case, especially throughout permanency hearings, gives counsel a wider range of options to contest the original Petition, to argue for alternative dispositions, and to advocate for the goal of a child's return to his or her parent at the permanency hearing. This chapter will focus on the role of the service plan in abuse and neglect proceedings, strategies for negotiating services on behalf of parents, and an overview of the process for enforcing services through out-of-court advocacy and contempt orders.
The chapter also discusses how to determine whether to make an admission in a case and how to counsel clients about admissions and no-contest pleas. Counsel will have to consider whether an admission to the Petition is warranted to resolve the case or obtain services. Since services are a part of a parent's case both pre- and post-adjudication, legal advice about making an admission must take into account the ongoing nature of a neglect or abuse case and the impact on services. Understanding the particular consequences to making an admission or no-contest plea in family court will assist parents' attorneys in fully advising clients about their options when resolving the case.
8.01 Identifying When Services Are Not Provided or Needed by Using Out-of-Court Measures
In abuse and neglect cases, the service plan is one of the most critical aspects of the case, and can be an integral part of a successful resolution. Counsel should understand the federal and local laws detailing the requirements for developing and recording service plans. With that foundation, counsel will be in a better position to (1) determine when service plans are not being properly implemented, (2) to enforce the service plan, and ultimately, (3) to ensure that the parent is receiving necessary services.
Initially, a parent's attorney must determine whether services are necessary at all in the case, and if so, which services are appropriate. Although the traditional default may be that services are always necessary if a case has come to family court, there should be an independent assessment conducted by the parent's attorney to determine the appropriate and individualized services in that particular case. Ideally, this determination is done in collaboration with the parent and any collateral sources that the parent identifies as supports. If counsel has access to an independent social worker, counsel should include them in the assessment of service needs, as his or her training will be helpful in determining the service plan that is most likely to succeed.
In all states, child welfare laws require that services be provided to parents and children to address the allegations that brought the family into the child welfare system. Services may include mental health counseling, parenting skills classes, substance abuse treatment, individual counseling, group counseling, and independent living skills. In addition to the better-known services that address drug abuse and mental health issues, there are concrete services that may be particularly helpful for the client. These services include assistance with obtaining food, transportation, financial assistance, and housing. The services provided should be linked to promoting the best interests of the child, and at the outset of the case, to furthering the goal of return to parent if a child has been placed in foster care.
The range of services available will vary by jurisdiction, and it is important for counsel to become familiar with the local service providers, including drug treatment programs, community-based mental health clinics, and social service agencies. Service providers can be helpful sources of information, such as by providing updates on services, providing additional recommendations, and testifying in support of the client in court. Sometimes, a foster care agency will be responsible for providing the parent with services within the agency, in addition to supervising the case or making referrals to a third-party provider. For example, a foster care agency charged with supervising the case may also conduct its own parenting skills classes. The parent's service plan might include attending a parenting skills program at the agency and engaging in individual therapy through a referral to a community-based mental health clinic.
Counsel should remember that services are not limited to cases involving an out-of-home placement or where children are in foster care. For parents whose children remain in their care, there are home-based services, including intensive case management, individual counseling, and parenting and life skills training. Additionally, counsel may request transition or post-reunification services for a client and his or her family if counsel thinks those would ensure a successful transition plan or reunification.
8.02 The Service Plan Review in a Child Welfare Case
One of the most common mechanisms for identifying services is through the service plan review meeting. Jurisdictions use different terms for this process including family service plan meetings, case staffing, service plan reviews, family team conferences, and case planning meeting.
The service plan or case plan is an integral part of all child welfare cases and plays a large part in the court proceedings. Federal law requires that the child welfare agency develop a written case plan when any child is placed in foster care. See Adoption Assistance and Child Welfare Act of 1980, Pub. L. No. 96-272, 94 Stat. 500. States are responsible for determining whether the specific standards for the case plan are articulated in statutes or regulations. The relevant law should specify the following: the time frame for developing the case plan, whether a case plan is required for all children receiving services or only those children placed in out-of-home care, whether the child is involved in creating the case plan, and whether any other stakeholders are included in developing the case plan. Additionally, the case plan should set out any goals or objectives for the parents to fulfill during the case and the projected time frame for achieving those goals and objectives. Often, the case plan also covers the visitation schedule for the parents, including the frequency, level of supervision, and time frame for visits.
The terminology for the case plan meeting will differ from state to state. In North Carolina, the case plan meeting is referred to as a "permanency planning child and family team" and in Missouri the plan meeting is the "family support team meeting." See Case Planning for Families Involved with Child Welfare Agencies, Child Welfare Information Gateway 3 (2010). Parents' attorneys should become familiar with the terms used in their jurisdiction. The court or the local child welfare agency might have this information available on a website or in brochures. Nationally, this information is compiled by the federal Department of Health and Human Services through the Child Welfare Information Gateway.
In California, the written case plan must be completed within sixty days of the child being removed from the parent's care or the date of the dispositional hearing if the child has not been placed in out-of-home care. See Cal. Welf. & Inst. Code § 16501.1 (2014). California law also requires that "the case plan shall be updated as the service needs of the child and family dictate." Id. at § 16501.1(d). The content of the case plan is explicitly laid out in the code and must include the "specific goals and the appropriateness of the planned services in meeting these goals." Id. at § 16501.1(f)(2).
Louisiana has a similar provision requiring the case plan to state "a plan for assuring that the child receives safe and proper care and that services are provided to the parents, child and foster parents in order to improve the conditions in the parents' home, facilitate the safe return of the child to his own home or other permanent placement, or both, and address the needs of the child while in foster care, including a plan for visitation." La. Child. Code Ann. art. 675 (2014).
New Jersey requires the case plan to include "the needs of the child, the parent, and the child's care provider in order to meet the case goal; the behavioral and other changes expected from each person; the services or actions intended to meet the identified needs and who is responsible to provide the services and complete the activities, with projected timeframes." N.J. Stat. Ann. § 30:4C-55 (2014).
While the mechanisms for conducting case plan meetings will vary depending on the particular policies of the state and the local child welfare agency, the ultimate goal of the meetings is threefold: (1) to develop a service or case plan for the parent, the children, and any other parties; (2) to specify who is responsible for implementing the service plan; and (3) to record the service plan in accordance with local, state, and federal regulations. It is important to consider each of these goals when counseling a parent about his or her participation in the service plan review meeting. Attorneys for parents will need to be familiar with the case plans for all of their clients. Advocating for a successful case plan can pave the way for a quicker reunification of the family or resolution to the case.
8.02(a) Creating the Service Plan: The Service Plan Review Meeting and Its Role in the Case
In order to develop the case plan, the child welfare agency holds a service plan meeting with the parent and other stakeholders. This meeting includes a review of the allegations in the Petition and a discussion of what, if any, services should be included in...
To continue reading
Request your trial