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BEST COURT REPORTSTOGETHER WE CAN 2020
NOVEMBER 4-6, 2020 VIRTUAL EVENT
Presented by: Curtis Nelson, Deputy Judicial Administrator
Division of Children and Families, Louisiana Supreme Court
This Presentation was in 2016 Prepared by:
Ricketta Cotton, CASA, Advocate Supervisor
Hannah Gettys, DCFS, Foster Care
Leslie Lacy, Attorney, Child Advocacy Program
Curtis Nelson, Assistant District Attorney
Laura Slocum, DCFS, BGC
Goals For Workshop
• To provide you with tips on how to write clear and
concise reports and case plans.
• To enhance your confidence in writing and
submitting reports and case plans.
• To understand the policy and law governing the
preparation of reports and case plans.
• To ensure the best interest of the child is the
priority of the court proceedings.
TIPS ON PREPARING YOUR REPORTS AND CASE PLANS
TIPS ON PREPARING YOUR REPORTS AND CASE PLANS
• Child Advocacy Program
• Keep it Simple
• With multiple cases on the docket, presenting the information in a simple
manner is helpful.
• Also, don’t worry about trying to write like an attorney. Use plain and
concise language.
• CASA Advocate
• Motto: Good notes make good court reports.
• Always take notes during court hearings and FTC/FTM.
• If your documentation is in order then your court report will write itself.
• Record everything and include dates.
• Use clear and concise language.
• Convey facts not feelings.
TIPS ON PREPARING YOUR REPORTS AND CASE PLANS
• DCFS
• Reports should always have agency recommendations (what are
you asking the court for and why).
• Make sure recommendations are clear (do you want to close case
or do you want to continue supervision).
• Depending the stage of the case you can reduce some information
• ex. For court report you may not need extensive information about how
the child entered care, remember, court already has your verified
complaint or safety plan.
• Make sure court report is reviewed by worker and supervisor.
TIPS ON PREPARING YOUR REPORTS AND CASE PLANS
• District Attorney• Remember the Five Ws (What, Who, When, Where, Why).
• This is often mentioned in journalism, research, and police investigations.
• The Five Ws constitutes a formula for getting the complete story on a subject.
• What happened?
• Tell about the abuse/neglect.
• Who is involved?
• Who do we believe is involved with the abuse/neglect.
• When did it take place?
• Dates and times are very important.
• Where did it take place?
• Location of the abuse/neglect.
• Why did that happen?
• What the did the parent/guardian/child tell you.
TIPS ON PREPARING YOUR REPORTS AND CASE PLANS
• Agreement of Panel
• Don’t filter your interviews and quotations.
• We all agreed that it is important to quote exactly what is said
during interviews, FTCs, FTMs, or visits.
• This gives the court and lawyers a real context of what is going on with
the parents, child, or family.
• So use the “F****,S****,H***,D**** words.
• We need to understand the dynamics of this child’s life.
• Remember abuse/neglect can be emotional and mental.
• Don’t be shy in quoting what the parties say in the case.
• We can’t heal the family until we deal with the realities of the family.
Emergency Protective Reports
Emergency Protective Reports
• Protective Reports-The Law
• LSA-Ch.C. Art. 619. Instanter custody orders; instanter safety plan
orders
• A.(1) A peace officer, district attorney, or employee of the local child
protection unit of the department may file a verified complaint
alleging facts showing that there are reasonable grounds to believe
that the child is in need of care and that emergency removal or the
implementation of a safety plan is necessary to secure the child's
protection.
• What, Who, When, Where, Why???
• What happened to cause abuse/neglect; who caused it and who was affected by the
abuse/neglect (which child); and when did it happen; where did the abuse/neglect
occur; and why should this child(ren) be removed for their safety and/or protection, or
why should a safety plan be put in placed to protect this child(ren).
Emergency Protective Reports
• Instanter Safety Plan Order-Policy:
• Policy # 4-710,Part II, Section B(2)
• The request for issuance of an instanter safety plan order shall be
formalized by the filing of an affidavit/verified complaint with the court.
• The Instanter Safety Plan Order submitted to the court shall
contain:
• Description of the safety threats
• The safety actions and tasks to control the safety threats
• When the actions and task will occur
• Who will complete the tasks
• Where it will occur
• The safety provider and the method for monitoring the safety action or
task shall be identified in the safety plan presented to the court.
Emergency Protective Reports
• Affidavit/Verified Complaint-Policy:• Policy # 4-710,Part II, Section D
• The affidavit/verified complaint shall contain:
• The name of the child protective service worker.
• The date the report of abuse/neglect was received by DCFS.
• The name(s) of the child(ren), and the children should be siblings and the allegations for all children must be similar.
• If allegations are not similar for children check your jurisdiction to see if separate affidavit/verified should be filed or if it can all be included in one.
• The names of the parents or caretakers.
• Brief statement of the significant facts, of which the worker has knowledge, which were included in the assessment of safety.
• Statements of grounds, or good cause, for the department’s request for removal.
• Statement documenting efforts to prevent removal, or the existing circumstances indicating there is substantial, immediate danger, which preclude the provision of preventive services.
Emergency Protective Reports
• DCFS Tips:
• Affidavits should be a clear report to the judge with most of the
pertinent information included early in the report.
• Don’t get bogged down in the details . . . only information
which reflects allegations and continued risk to the child(ren).
• Even complicated facts can be relayed in a few paragraphs.
• Provide your reasonable efforts:
• The court will make a finding of whether DCFS made reasonable efforts
to maintain the child in the home:
• Are there services which would assist the family without removing the child?
• List services, dates and results.
• Ex: purchasing food, locating responsible relatives, utility payments,
psychological/substance abuse evaluation.
Emergency Protective Reports
• CASA Tips:• The affidavits should echo the information given telephonically to the
judge. Additional information can be given through an addendum.
• Child Advocacy Program Tips:• The role of child’s attorney- to represent the wishes of the child unless
the child is unable to communicate those wishes in which case best interest prevails.
• Be simple and concise because the attorney will have short amount of time to read information to interview client and prepare for hearing.
• Also, state what child(ren) want.
• District Attorney Tips:• Be simple and concise.
• Tell me everyone you interviewed and what they said.
• Be specific about the abuse/neglect.
• What is DCFS recommendation.
• Be specific with your reasonable efforts.
The Case Plan
The Case Plan
• The Law
• LSA-Ch.C. article 673 provides that within 60 days after the child
enters state custody, DFCS shall develop a case plan detailing the
efforts to achieve a permanent placement for the child.
• LSA-Ch.C. article 674 provides that the case plan shall be filed
with the court 10 days before any scheduled disposition,
permanency, or case review hearing.
• Article 674 also provides that DCFS shall mail copies of the case plan to
counsel of record, and certified copy to any unrepresented parent at
their last known address.
• LSA-Ch.C. article 675 provides that the purpose of the case plan
is designed to achieve placement in the least restrictive, most
family like, and most appropriate setting, in close proximity to the
parents, consistent with the best interest and special needs of the
child.
The Case Plan
• DCFS Policy
• 6-810 Legally Mandated Case Plan
• The case plan provides direction for the family, case manager and the
foster caretaker(s), as they work together to ensure the safety of the
child by:
• Eliminating or managing danger/safety threats;
• Enhancing caretaker protective capacities related to the safety threats;
• Reducing risk factors;
• Analyzing safety plan to determine if sufficient change has occurred to make
an in-home safety plan possible;
• Seeking to achieve an alternative permanency option for the child;
• Ensuring the child’s daily care needs are met and to provide for the child’s
well-being while in foster care; and,
• Establishing necessary foster caretaker supports to stabilize placement.
The Case Plan
• DCFS Policy
• 6-815 Staffing Prior to Family Case Planning Meeting
• The staffing is used to review:
• Safety threats;
• Risk factors;
• Caretaker protective capacitities;
• Family’s strengths and needs;
• Reasons the child entered DCFS custody, barriers preventing the child’s
return to the family, and the child’s needs.
• The staffing is conducted with the worker who removed the child from
the home (initial only), the assigned FC case manager(s), supervisor(s),
Child Welfare Manager(s),and others, as appropriate.
The Case Plan
• DCFS Policy• 6-802 Case Plan Goal Establishment and Concurrent Planning
• DCFS policy to ensure every child in foster care has a case plan goal to meet their best interests.
• All case goals are established based on achieving the most permanent plan possible for the child.
• To secure more timely permanency for children in foster care and reduce the time spent in state custody.
• Concurrent planning is used to achieve this goal.
• Permanent plan priorities of placement for a child in need of care are:• Reunification, Adoption, Guardianship, and Alternative Permanent Living
Arrangement (APLA).
• Initial Case Plan Goal: it is critical the child’s family is engaged in establishing the permanency goal. Full disclosure to the parent, child and foster caretakers concerning all options for permanency for the child is critical.
• Concurrent Planning: when there are more severe safety threats and fewer protective factors, it may be appropriate to pursue a concurrent plan from the beginning.
The Case Plan
• DCFS Policy
• 6-802 Case Plan Goal Establishment and Concurrent Planning
• Changing the Case Plan Goal.
• If by the time of nine month permanency planning staffing, it is determined the
child’s parents are not making significant progress and adoption will be
recommended plan, the case manager should attempt to engage the parents
in a voluntary surrender.
• If voluntary surrender is not possible, then the case manager recommends
changing the permanency goal for the child to adoption.
• Once the judge determines that DCFS has made reasonable efforts to
achieve reunification with the family and approves the goal change at 12-
month permanency hearing, the Termination of Parental Rights (TPR) packet
is completed and forwarded to the regional BGC attorney..
• The case manage should periodically readdress voluntary surrender with the
parents while the department pursues involuntary termination through the
court.
The Case Plan
• DCFS Tips:
• In doing the Family Team Meeting/Family Case Meeting
• The following agenda is recommended:
• Welcome/Introductions
• Purpose
• Outcomes
• Non-Negotiables and Confidentiality
• Ground Rules
• Family Story
• Strengths to Achieve Goals
• Identification of Individual and Family Needs
• Brainstorm How Needs Can be Met
• Agree on Who, Will do What, When
• Assess What Can go Wrong
• Next Steps and Closing
The Case Plan
• DCFS Tips:
• Thorough plan for each parent and alleged parent.
• Appropriate housing-that the client can afford and maintain.
• Income-apply for SSI/Disability if they are eligible.
• MH evaluations “follow the recommendations of the provider” and
same for substance abuse.
• Parents should provide proof of attending AA/NA.
• Advise the agency of their whereabouts and mailing address at a
minimum of each month.
• Parent contributions-parent should pay a reasonable amount to
DCFS for the care of the child until support is assessed.
• Scheduled visitation-if parent is noncompliant you may require 24
to 48 hour notice of cancellation.
The Case Plan
• CASA, Child Advocacy Program, District Attorney’s Tips:
• Invite CASA to FTM/FTC in developing the case plan, and be sure
to provide reasonable notice to all parties of the setting of the
FTM/FTC.
• Case plan should be specific to each child and parent.
• Know the facts-when drafting a case plan, it is helpful for the case
manager to know what services are most appropriate to meet the
needs of the child and where those services are currently available
(ex. trauma therapy, speech therapy, vocational training).
• Don’t simply cut and paste.
• Case plan should identify the issues that brought child(ren) into
care and provide realistic goals to alleviate those issues.
The Case Plan
• Case plan should address the need area of the child.
• Identify what DCFS will do and provide to the parents to assist
them in reaching their goals.
• Identify what DCFS will do and provide to the child to ensure the
child’s safety and proper care.
• Identify the type of home or institution in which the child is placed
and the appropriateness of the placement in meeting the child’s
needs.
The Court Report
The Court Report
• CASA Reports
• The Law:
• LSA-Ch.C. article 424.3, CASA; duties:
• Under the supervision of the CASA program, it shall be the duty of a CASA
volunteer to: (1) provide independent, factual information to the court
regarding the children and cases to which they are assigned.
• LSA-Ch.C. article 424.7, CASA; reports:
• A. The CASA program shall submit reports to the court. Except as provided in
Paragraph B, it shall distribute a copy of such reports, prior to or at the same
time it is submitted to the court, to all counsel of record, any unrepresented
party, and the department. CASA submits reports 3 days prior to the
hearing.
The Court Report
• CASA Reports
• Tips Collecting the Necessary Information to Write a Good Report:
• Make contact with a collateral (teacher, foster parent, therapist, case manager).
• Visit child’s school.
• Review child’s school records.
• Do the leg work-”you can’t gather all your information via phone”.
• Remember your role as a CASA
• Investigate
• Facilitate
• Monitor
• Advocate
The Court Report
• CASA Reports
• Reports should be clear, fact-based reports.
• Reports should always be child focused.
• Reports are due to your Advocate Supervisor 15 days prior to court.
• Every 6 months there should be a new/current information in your
court report-in every section. The only section that will always
remain the same is the court intervention section.
• Always attach a recent picture of your CASA child to report.
The Court Report
• CASA Reports
• Focus on the child’s perspective
• How many placements your CASA child has had, any trouble in school,
do they have any mental health issues that need to be addressed, any
current medical/dental needs, and how the visits going with their
parents.
• Is the child acting out? Adjusting? Are they have unusual sleeping or
eating habits?
• Let the Judge know what is going on in their head, heart and life.
• Your recommendations should always be tied to facts that are listed
in the body of your report,
• FAR=Fact, Assessment, Recommendation.
The Court Report
• CASA Reports• Finally Tips on writing your report:
• Follow the court report guide.
• Use full names and titles.
• Use clear and concise language.
• Convey facts not feelings.
• Answer all the questions in each section of the report.
• Use “I” statements.
• Avoid use of pronouns (she, he, they, we).
• Avoid highly emotional language.
• Avoid vague language “I” think she said”
• Do a first draft.
• Talk with your supervisor if you are having trouble.
• Always paint a clear picture for the judge.
• Avoid using bullet points.
• Your reports should be as if the Judge is reading a book. She/he should be able to pick your CASA child out of a crowd.
• Each section should have at least 1 paragraph of current information.
Disposition Report
Disposition Report
• The Law:
• LSA-Ch.C. article 668. Predisposition investigation and report
provides:
• Following adjudication, the court may order a predisposition
investigation. The investigation shall include the circumstances, needs,
and social history of the child and his family, and also the circumstances
surrounding the factual allegations of the petition. It shall also assess
whether the child has an established relationship with a parent,
grandparent, sibling, or other relative which should be preserved in the
best interests of the child . . . A written report of the investigation and
findings shall be submitted to the court prior to the disposition hearing.
Disposition Report
• The Law:
• LSA-Ch.C. article 670, Notice of Predisposition Report and
Examination: prior to or during the disposition hearing, the court
shall advise the petitioner, counsel for the child, and counsel for the
parents of the factual contents and the conclusions of the
predisposition report authorized by Article 668 and any other
reports considered by the court.
• LSA-Ch.C. article 679, Notice; Presence at Disposition: Written
notice of the date, time, and place of the disposition hearing shall
be served . . . on all parties and also counsel of record at least
fifteen days prior to the hearing . . .
Disposition Report
• The Law;
• LSA-Ch.C. article 680, Disposition hearing evidence: The court
shall consider the report of the predisposition investigation, the
case plan . . .
• LSA-Ch.C. article 674, Filing: copies of the case plan shall be filed
with the court ten days before any scheduled disposition . . .
Disposition Report
• DCFS Policy: Foster Care Court Report Format Guide• Date of Report, Court Address, Docket Number, Hearing Date, Hearing
Type (Disposition/Review/Permanency/Status)
• Involved Parties
• Introduction
• Reason Child(ren) Entered Foster Care
• Previous Court Orders
• Brief Summary of Efforts to Achieve Case Goal (List separately for each parent)
• Case Plan (List separately for each parent)
• Current Placement of Child(ren)
• Health of Child(ren)
• Education of Child(ren)
• Independent Living Skills Development for your ages 15 and older
• Visitation
• Relative/Fictive Kin Search
• Overall Assessment of the Case Status and Agency Recommendation
Disposition Report
• CASA, Child Advocacy Program, District Attorney Tips:• The report should briefly refresh the attorneys and court’s memory
why the agency intervened.
• Report new or pertinent information regarding child/family.
• Articulate what actions were taken in light of the new information reported.
• What efforts have the parent(s) made towards reunification and working their case plan.
• What are the child(ren)’s desires at this stage.
• Have any family or fictive kin been located.
• How is the child(ren) doing in their placement.
• What is DCFS concerns with reunification.
• Discuss how case plan will address issues that caused child(ren) to come into care.
• Don’t waste time with a lengthy discussion of how the children came into care, this section can be brief.
Disposition Report
• DCFS Tips:
• Court report should be filed and mailed to all attorneys and parties
10 days before disposition.
• Brief statement of why children came into care.
• Tell where children are placed, how long have they been there,
and is it an adoptive placement.
• Has DCFS explored relative placement, if so, who are the relatives.
• What does the case plan require the parents to do in order to
achieve reunification and what have they completed and/or what
remains outstanding.
Disposition Report
• DCFS Tips:
• General Disposition Recommendations:
• Children maintain in DCFS custody.
• Disposition in effect until child is age 18, or unless or until modified by
the court.
• Approve initial case plan.
• Find DCFS made reasonable efforts to prevent or eliminate removal
pursuant to LSA-Ch.C. article 628(C), and be able to explain what those
efforts were.
• Diligent efforts to notify caregivers.
• Remember you need the court to approve your case plan at this
hearing.
692 Case Review Reports
692 Case Review Reports
• The Law
• LSA-Ch.C. article 692. Case review hearings
• A. A review hearing shall be conducted by the court or administrative
review body three months after the disposition hearing if the child
was removed prior to disposition or within six months after the
disposition hearing if the child was removed at disposition, but in
no case more than six months after removal of the child from his
parent(s).
• B. Case reviews shall continue to be held at least once every six
months thereafter until the child is permanently placed, or earlier
upon the motion of a party for good cause shown or upon the court's
own motion.
692 Case Review Reports
• The Law
• LSA-Ch.C. article 688. Case review reports; filing
• The custodial agency shall file a case review report with the court or, if appropriate, with the administrative review body ten days prior to every scheduled review hearing. The custodial agency shall also distribute a copy of the report to any court-appointed special advocate (CASA) program involved in the case prior to or at the same time as it is filed with the court or administrative review body.
• LSA-Ch.C. article 689. Case review reports; service
• A. A copy of the report shall be served upon counsel of record either by mail or electronic mail and upon any unrepresented party either by certified mail at his last known address or by the department by electronic mail at the electronic mail address expressly designated by the party in a pleading,at the continued custody or continued safety plan hearing, or at any other hearing at which the party personally appeared before the court prior to or at the same time it is filed with the court.
• B. Service by electronic mail is complete upon transmission but is not effective if the serving party learns the transmission did not reach the party to be served.
692 Case Review Reports
• The Law
• LSA-Ch.C. article 690. Case review report purpose; contents
• A. The case review report shall review the status of the child.
• B. The case review report shall address the following:
• (1) The continuing necessity for and appropriateness of the placement.
• (2) The extent of compliance with the case plan.
• (3) The extent of progress which has been made toward alleviating or
mitigating the causes necessitating placement in foster care.
• (4) A likely date by which the child may be returned to the home or
placed for adoption or guardianship of the person of the child.
692 Case Review Reports
• DCFS Tips:
• Must file the 2nd case plan 10 days before the hearing.
• The case plans from this point forward must have action steps at the top and progress notes at the bottom to address whether the parents have made or not made progress on each action step.
• Standard Recommendations:• Child(ren) maintained in DCFS custody;
• Approve case plan date (provide most recent date);
• Placement be approved as most appropriate and least restrictive placement;
• Likely target date to review permanency needs to be reviewed by certain date;
• Insufficient progress made to correct what brought the child into foster care;
• Diligent efforts to notify caregivers of right to appear and to be heard;
• Set the next court hearing for 692/702 hearing at the one year mark of the child coming into care.
702 Permanency Reports
702 Permanency Reports
• The Law
• LSA-Ch.C. article 702. Permanency hearing
• A. The court shall conduct a permanency hearing, which shall consider in-state and out-of-state permanent placement options for the child, within thirty days of a judicial determination pursuant to Article 672.1 that reunification efforts are not required.
• B. The court shall conduct a permanency hearing within nine months after the disposition hearing if the child was removed prior to disposition or within twelve months if the child was removed at disposition, but in no case more than twelve months after the removal. Permanency reviews shall continue to be held at least once every twelve months thereafter until the child is permanently placed or earlier upon motion of a party for good cause shown or on the court's own motion.
702 Permanency Reports
• DCFS Tips:
• Must be held 12 months from removal.
• Must submit report and case plan ten days before the hearing.
• Court must find the agency has made efforts towards finalizing the permanent plan
• Case managers and supervisors must schedule 9 month permanency planning staffing(s).
• Invite BGC (legal).
• Be able to discuss progress made or not made.
• Discuss whether agency wants case plan goal to be changed at 692/702 hearing.
• Identify what reasonable efforts have been made to achieve case plan goal.
702 Permanency Reports
• DCFS Tips:
• Important hearing because agency addresses case plan goals,
compelling reasons and reasonable efforts made by the agency.
• Permanency Options:
1. Reunification
2. Adoption
3. Guardianship
4. Legal custody with relative
5. Alternative Permanent Living Arrangement
• Compelling reasons:
• Not necessary if case plan has been changed to adoption.
• If reunification is goal, agency must state compelling reasons.
702 Permanency Reports
• DCFS Tips:
• Standard Recommendations:
• Child(ren) maintained in DCFS custody, as there is a continuing need;
• The case plan dated (most recent date) be approved;
• Placement be approved as the most appropriate and least restrictive under the facts of this case;
• Likely target date to review permanency be set;
• Inadequate progress made to correct problem that brought child into custody;
• Diligent efforts made to notify caregiver of right to appear and be heard;
• DCFS is asking that case plan goal of (current status) to be changed to (new status).
• If goal is adoption compelling reasons not needed.
• If goal something else compelling reasons must be giving why that goal is appropriate and why all other goals are not feasible.• Ex. child is bonded to parent, or child does not want to be adopted.
• Ask the court to find that DCFS made reasonable efforts and list those efforts.
Reasonable Efforts
• Reasonable efforts for continued custody and disposition
are the efforts that DCFS made to prevent or eliminate the
need for removal; WHEREAS
• Reasonable efforts for permanency are the efforts that
DCFS made to help achieve the goal that was currently in
place (before it is changed at permanency hearing).
Reasonable Efforts
• Examples of Reasonable Efforts Different Goals
• Reunification
• Individual therapy
• Group Therapy
• Parenting
• Housing voucher
• Protective Daycare
• Adoption
• Child placed in adoptive home
• DCFS prepared TPR packet
• Referred foster parents for dual certification as foster/adoptive parent.
Reasonable Efforts
• Guardianship• Prepared guardianship subsidy
• Referred guardian for foster parent certification
• APLA (Alternative Permanent Living Arrangement)
• Independent Living Services
• Developed Youth Transition Plan
• Explored plan with child for he/she ages out
• Driver’s education
• Assisted with GED
• Assisted with completing college applications/financial aid
Final Thoughts and Q&A
Q&A
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