permanency summit october 7-9, 2012 hilton bella harbor – rockwall, texas safety v. risk: the...

Permanency Summit

October 7-9, 2012Hilton Bella Harbor – Rockwall, Texas

Safety v. Risk: The Travis County Experience

Interrupt, ask questions, please

Caveats and Confessions

I have to fight against thinking

1. The case is over when CPS is appointed PMC

2. Placement hearings are straightforward and easy

3. I have plenty of time to get it right

4. There is no danger, no risk, in placing or leaving a child in foster care

5. The child or youth need not be, even shouldn’t be, present at court

You may not be able – or want – to replicate what we’ve done in Travis County

But you may be able to make a change that does work in your jurisdiction

Work still to do in Travis County

1. Adjust policies and procedures to allow youth to lead “normal” lives and to remove the stigma of being in foster care

2. Locate or create lasting connections (caring adults) for youth leaving care – prepare them for leaving, starting at least by 16, if not 15

3. Push harder to consummate adoptions sooner rather than later

4. Establish ways to avoid the use of psychotropic medications, monitor them when prescribed, and prepare youth for their continued use after leaving foster care

5. Harness the knowledge and power of faith-based and civic organizations

6. Bring healing to children and youth in or leaving foster care – help make them whole

Edward died in 2009,just after his 17th birthday

Robert, in 2011, just after his 13th

During TMC, I worry about returning a child home and learning she’s then injured or killed

I’m inclined to play it safe, to close the door to a return home

During PMC, I have to guard against playing it safe,closing the door to imperfect parents or families,

leaving a child in foster care

There are risks in foster care - There is damage done,unintentionally, by our system

There are reasonable risks to open doors so children can exit to legal permanency

Children Under Travis County Court Jurisdiction

• COS: 197

• TMC: 737

• PMC: 304

Total: 1,238

Travis County CPS Dockets

Darlene Byrne (Lead District Judge)

John Hathaway (Associate Judge)

Texanna Davis (Associate Judge)

262, Status, and Permanency Hearings – Mondays and Fridays

Placement Hearings - Wednesdays

Central Docket (District Judges)

Final Trials - weekly

Types of Hearings on PMC Docket

Initial Placement Reviews - within 2 months of final trial

Placement Reviews - generally, every 4 months

Special Reviews - as needed, pending Placement Review

Types of Placement Hearings on PMC Docket

Simple Adoption - 5 minutes or less (9:00, 1 day/month)

Complex Case - 30 – 60 minutes (2:00-4:00)

Basic Case - 20 minutes (9:00-1:00 pm, 3 per hour)

Special Reviews - 15-30 minutes (8:30 and noon)

Why?

3 Suggested Factors

1.CPS

2.CASA

3.Judicial Leadership

CPS

1.Permanency Roundtables

2.PCA and kinship workers

3.TARE revisions and Project PUSH

4.PMC unit(s)

5.Shift in focus and philosophy

CASA

1.More CASA volunteers

2.Power to request hearings

3.Transitional Youth Specialists

4.Shift in focus and philosophy

Judicial Leadership: Pre-2007

Judge Scott McCown Judge Jeanne Meurer

Long history of strong judicial leadership

Judicial Leadership: Post-2007

1.2007 – Judge Darlene Byrne assumed responsibility for CPS docket

2.2008 – Judge Darlene Byrne established Travis County Model Court for Children and Families

3.Ongoing – Judge Darlene Byrne empowers AJs to imagine and initiate

Lessons Learned

The Fierce Urgency of Now

There Should be Nothing Permanent About PMC

Every Child Should Be Moving Off the PMC Docket

Parents Change

Older Youth Will Often Return to Parents, Regardless

Let the Youth Gain Information/Prepare a Youth For a Safer Return Home

There Is Always Family

Every Child is Adoptable

There Is No Such Thing as Long-Term Foster Care

APPLA Means Never Having to Say Long-Term Foster Care

There Can Be No APPLAWithout a Caring Adult

Permanency is someone to

1. Contact in an emergency

2. To see or visit when nearby

3. Spend the holidays with

4. Walk you down the aisle

5. Cheer when you get your PhD

A Youth’s Well-Being (Quality of Life) is Critical

1. Socializing with friends2. Social media3. Number of youth in home/facility4. Contact with siblings/other family5. School6. Extra-curricular activities7. Sense of control/lack of control

Words Are Powerful

1. PMC

2. Placement

3. Level of care

Children and youth need to understand what we’re saying

Isolate and Focus on PMC(With 1 Judge, If Possible)

Hold More Frequent Hearings

Question Use and Dosage of Psychotropic Medications

Bring the Child or Youth to Court

1. In-person, if at all possible – video or phone in rare circumstances

2. Allow the child or youth to be present in the courtroom and to participate

3. Talk to the child or youth in chambers (door open, staff outside of door)

4. Assure the child or youth you will listen, but can’t promise to deliver

5. Actively listen

6. Give the child or youth a sense of significance and control

7. Judges – do it for yourself

Keep Fighting the Good Fight

With Passion and Urgency