Together We Can October 5, 2010 Lafayette, Louisiana

1. DOING MORE WITH LESS:Making Reasonable Efforts Findings When There Are Not Enough Resources To Reach the Permanency Goals Together We Can October 5, 2010 Lafayette, Louisiana

2. Goals • The history- why • Reasonable efforts • Changing landscape • Making/taking it personal • Initiatives • What we do and why we do it • Leadership/Partnership • The future

3. I saw them tearing a building down- a gang of men in my home town

4. My Trip Here

8. BUDGETS

9. THESE ARE TOUGH ECONOMIC TIMESWHAT NOW??

10. Status in States • States' tax revenue fell 11.7% in 1st 3 mos of ’09- the steepest decline on record • 45 states reported taxes for Apr and May have seen revenue declines of about 20% • Corporate income taxes down 18.8% in the first quarter, personal income taxes dropped 17.5%; & sales taxes declined 8.3% • State tax revenues at 2005 levels in the 1st quarter, erasing 3 yrs of gains for new programs & salaries • With stimulus money, states face deficits more than $200 billion in the next few yrs

11. Last Year Budget Gaps According to the Wall Street Journal, January 4, 2010

12. 10 States & Their Deficits • California- Massive cuts in education, layoffs etc- $20Billion deficit in 2011 • Oklahoma- Ok but energy price drop- 26% revenue drop • Arizona- Hit by housing and tourism drop- 30% budget gap • Illinois- pension payment delays & others- $11 Billion gap/$5B owed/ 47% • Hawaii- 3 day a month furloughs, Ed cuts, income tax- 21% budget gap

13. 10 States & their Deficits • New Jersey- 3rd highest deficit- already cut $800 million and now more • New York- 3 Billion deficit-double next year- delay payments- 100,000 layoff • Nevada- House W & M chair says submit budgets 50% of last years • Colorado-efforts to balance budget run into law requiring education increases • Michigan- unemployment worst in the nation- revenue down lots

14. History of Child Welfare:Understanding the Responses

15. WE HAVEN’T ALWAYS SOARED WITH THE EAGLES IN TAKING CARE OF OUR CHILDREN

17. History 1st reported case of abuse in US 18th century - Children were indentured to work and learn a trade 1832 Cholera epidemic- orphan asylums 1853 response to them was NY Children’s Aid Society– 1853-1890 moved 92,000 kids to Midwest 1886- Charles Birtwell of Boston Champions return home 1909- White House Conference adopts Birtwell and temp foster care payments

18. History p 2 • 1923- 34 states had Children’s Aid Societies- kids exploited- criticism of placing kids out and multiple placements • 1959- Maas and Engler study- Children in Need of Parents- kids spent 3 years in care- neglect, abandonment and poverty reasons for placement • The 60’s- Fleming Rule- can’t refuse AFDC for bad homes- keep AFDC & reasonable efforts to improve • AND SO THE FEDS STEPPED IN!!

19. 1974 Child Abuse Prevention and Treatment Act (CAPTA) • Child abuse prevention- Children’s trust funds • National Standards for child protection • Coordinated community response for investigation and prosecution • GAL/CASA for every child • Research and other grants

20. 1978Indian Child Welfare Act • Set out for children of native American heritage • Process to address problems • Different standards • Choice of tribe

21. I hope this starts to capture your attention on the history of where we have come from

23. 1980 Adoption Assistance and Child Welfare Act- IV-B & IV-E • Policy to insure that children receive proper care while in foster care • Policy of Feds: • 1. No child in care who could be safely home • 2. Procedural reforms • 3. Planning reforms • 4. Reunification

24. Public Law 96-272 • The Adoption Assistance and Child Welfare Act of 1980 • To get Fed funds, States must: implement services, provide protections for families & develop mandates and timetables • Policy- END FOSTER CARE DRIFT • TRUST IN STATE JUDICIARY- juvenile and family court

25. Federal Requirements of 96-272 • Evaluation of reasonableness of services to preserve families • Periodic review hearings in foster care cases • Adherence to deadlines for permanency planning decision • Procedural safeguards concerning placement and visitation

26. 1993 Family Preservation Act • Grants to state courts to review systems by looking at statistics • Grants to states to improve systems practice in abuse and neglect proceedings • Known as Court Improvement Projects

27. 1974 Multi-Ethnic Placement Act • MEPA • Response to policy initiatives delaying permanency • Some limits on placement standards • Has severe penalties

28. 1995 Block Grants • Just what it says • Feds provide $$ for states to use as best they saw it with limited regulations

29. Adoption and Safe Families ActNov 19, 1997 • Promotes health and safety of the child • Promote TIMELY decision making • Clarifies “reasonable efforts” • Continues Family Preservation Program • Requires TPR in certain situations • Foster care is TEMPORARY • Permanency planning begins immediately • Need for innovation

30. 1999Foster Care Independence Act • Provides resources for kids aging out of the system

31. 2001Strengthening Abuse and Neglect Courts Act • SANCA • Helping Court fulfill the mission of ASFA • Brings $$ to the Courts • But not much

32. 2008Fostering Connections Act Education stability- attend/achieve Health care- Medicaid- EPSDT Can extend foster care to 21 Can us subsidized guardianship Kinship care- ID relatives- training Over time- delinks IV-E 1996 AFDC Training support Tribal issues

33. DOES IT SOUND LIKE THE SYSTEM DIDN’T GET IT?

35. It’s not so much what we don’t know that holds us back, it’s all we do know that just isn’t so!

36. The average movement of a child to a less restrictive or more permanent placement occurs nine days before the next Court hearing- and it doesn’t matter whether that hearing is six months, three months or one month later

37. NOW- FROM THE PERSPECTIVE OF THE AGENCIES AND COURTS- DOES THIS LOOK FAMILIAR

39. REASONABLE EFFORTS45 C.F.R. Sec 1356 Sec 1356.21 (b) of AFSA and Regs

40. Reasonable Efforts under 96-272 • Ensures that no child should be in foster care who can effectively and safely be protected in own home • When removal is necessary, reunification is the goal before any other arrangement is tried unless it is not possible to reunify while protecting the child’s safety

41. Who Should Provide the Oversight • Executive Branch? • Legislative? • NO- it is the Judicial branch • Specifically- Juvenile and Family Courts • Through- Reasonable Efforts Findings

42. 1997- THE ISSUES ON REASONABLE EFFORTS • Dissatisfied w/compliance with 96-272 • Growth in foster care numbers • High profile child death cases • Concern over increasing costs • Too many kids growing up in the system • Dramatically changing welfare system • Innovations in child welfare practices • Computer information management

43. ASFA CLARIFIES REASONABLE EFFORTS • Child’s safety is paramount (not reunification) • Child’s right to permanency vs parents right to the child • R/E to preserve family precedes foster care • R/E not required if aggravating facts exist • R/E not required if felony conviction for injury to child or sibling • R/E not required if a prior involuntary TPR • Must find Contrary to child’s welfare to remain at home p 4050

44. REASAONABLE EFFORTS TO MOVE CHILD TO PERMANENCY • Reunification takes a back seat if it is inconsistent with timely permanency • If R/E are not necessary, hearing on permanency has to happen in 30 days • R/E to reunification, adoption or placement with guardian can be concurrent

45. The Regs on ASFA gave us more to do and sat on the system HARD

47. FEDERAL REGS AS OF JAN. 25, 2000-REASONABLE EFFORTS p. 1 • Judicial statement that it was contrary to child’s welfare to remain at home p 4050 • No distinction between R/E in emergency or non- emergency removal • States get 60 days to get judicial determination of R/E to provide judicial determination of removal- not on a specific date • W/I 12 mos child enter foster care, State gets a judicial determination that R/E made to implement case plan for permanency- finality • IV-E eligibility absolutely linked to judicial determination of R/E • NO Nunc pro Tunc entry on R/E at first hearing

48. FEDERAL REGS AS OF JAN 25, 2000 REASOANBLE EFFORTSp 2 • IV -E funds will not be available if Court doesn’t make a reasonable efforts finding for removal p. 5052 • Problems- • 1. Form over substance • 2. Court finding is critical- use wisely • 3. Agency efforts at first contact are !!!!! • 4. What are the necessary services? • 5. What of unaccompanied refugee minors P 4052

49. REGS IN FEDERAL REGISTER OF REASONABLE EFFORTSp 3 • When R/E are required, state and Court determines level of effort that is reasonable-Based on safety considerations and circumstances of family • Sometimes based on assessment of family, state decides it is reasonable to make no efforts to keep child in home or reunify • The Court, if it agrees with the state’s decision, should find that the agency’s efforts were reasonable, NOT that reasonable efforts were not required p. 4053

50. Is it starting to feel a little MESSY??