Permanency Planning in Juvenile Court

The options GALs have in finding a safe, permanent home for our kids

Permanency Defined

Permanency is a positive, nurturing relationship with at least one adult that is characterized by mutual commitment and is legally secure.

A primary goal of the GAL is to advocate for a safe, permanent home as soon as possible.

Permanent Plans of Care

Reunification Termination of Parental Rights and Adoption Guardianship with a relative or CACT Custody with a relative or CACT

Statistics

Plan AchievedNorth

Carolina

Davidson and Davie

N=128 (2009)

Reunification 41% 30%

Adoption 21.5% 32%

Guardianship 15% 31%

Custody 13.5% 3%

Aged Out 9% 4%

Option #1: Reunification

Reunification example Our default permanency plan Steps for reunification

– Parents must comply with orders of the court– Parents must remedy problems in petition– Parents must address other GAL concerns– Visitation progression; trial placement

Financial impact– None guaranteed– May qualify for federal and state aid (Medicaid, WIC, Work First, etc.)

Reunification Continued:

When to consider reunification– Our default plan– When the parent(s) are willing and able to provide– When we’ve observed visits and seen a bond– When the child tells us they want to reunify

Questions to ask for best interest– How will reunification affect the child?– Would DSS remove the child today?– Have services been put in place to prevent relapse?– Are we recommending reunification just because everyone else is?

When is reunification not appropriate?

Option #2: TPR and Adoption

TPR and adoption example

Steps for TPR and adoption– Plan changes/TPR petition is filed– Adjudication and Disposition of TPR petition

Must find that TPR is in the best interest of the child Child must understand what adoption is

– Parents have chance to appeal– Adoption committee approves adoptive home– Adoption papers are filed with Clerk of Courts, decree entered

Financial Impact– Adoption assistance – Loss of therapeutic fostering money

TPR and Adoption Continued:

Questions to ask when considering TPR:– Do legal grounds exist?– Have all relative placements been exhausted?– Is the child in an adoptive placement?– Are there indicators that the adoptive placement could fail?– Have the parents been asked to relinquish their rights?– Does the child understand what adoption means?– Does the child want to be adopted?– Will the child impede TPR/adoption if they’re 12 or older?

Termination into legal limbo– What can we do for this child?

When is it not appropriate?

Option #3: Guardianship

Guardianship example

Why guardianship?– Family wishes– Speed to permanency– Not severing ties to family

Steps for guardianship– Plan changed, DSS relieved of efforts with parents– Potential guardian agrees to guardianship– Court reviews case until child has been in placement for one year– Visitation schedule left in place

Financial impact– No assistance in 22B (yet) for guardianship– May be eligible for Medicaid, WIC, Work First, etc.

Guardianship Continued:

Questions to ask before Guardianship:– Relationship between parents and guardians?– Is the guardian able to provide until 18?– Will there be any family losses due to guardianship?– Do the parents’ problems exist in the family too?– Does the child want to remain with a relative?– Has visitation been discussed?

When is it not appropriate?

GAL conversations with potential guardians– Discuss their concerns and question about guardianship with the

guardians before recommending it – Make sure they understand the legal ramifications

Option #4: Custody

Custody example

Steps for custody– Similar to guardianship

Financial impact– Similar to guardianship

Custody Continued:

When is it appropriate?

When should we not consider it an option?

Reviewing the case

Activity

Scenario #1: Custody

Scenario #2: TPR and Adoption

Scenario #3: Guardianship

Scenario #4: Reunification

Concurrent Planning

Allows to explore other plans

Can be implemented any time

Respects child’s sense of time

Timelines and Barriers to Permanency

Adoption and Safe Families Act says one year to permanency

Many hearings have mandated time periods, unfortunately each is subject to continuances

Why are cases continued? What can we do to avoid continuances or minimize the time

between continued hearings?

APPLA: What Can We Do?

Another Planned Permanent Living Arrangement

Seldom will advocate for this plan

Children who are aging out of the system

What can we do?

Wrap Up

Remember the Judge makes the plan Talk to the parents Use concurrent plans; justify your

recommendation Think about permanency options from the

start Listen to your children

Questions and Comments