cji reducing trauma in children by ensuring involvement of fathers nancy k. jones, hennepin county...

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  • Slide 1
  • CJI Reducing Trauma in Children by Ensuring Involvement of Fathers Nancy K. Jones, Hennepin County Attorneys Office Kevin McTigue, Hennepin County Human Services & Public Health Dept.
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  • DILIGENT EFFORTS Identify & locate both parents Ask custodial parent for info Contact Child Support Agency Search FAR
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  • REASONABLE EFFORTS Identify Locate Offer Services Both parents
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  • REASONABLE EFFORTS Assess fathers willingness & capability to provide care May include Netstudy Consider only if +genetic test Require paternity establishment Obtain authority from mother or court for placement
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  • REASONABLE EFFORTS Prepare OHPP for each parent if child cannot be placed with either Report to court diligent efforts to ID & locate parent if identity and/or whereabouts unknown
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  • Assessment/Background Study Must be reasonable cause before Netstudy Info that creates articulable suspicion Must believe placement with father would endanger child before denial 15 days notice to father & opportunity to be heard Consider Minn. Stat. 518.179
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  • Adjudicated Father/Rule Determined by court or Recognition of Parentage to be biological father
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  • Recognition of Parentage Requires notarized signatures of both parents attesting to childs paternity Same as court order adjudicating paternity if filed w/ MN Dept of Health Except when only creates presumption Does not give father right to visitation or custody
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  • KINSHIP SEARCH Includes maternal & paternal relatives even if paternity not adjudicated Important friend with whom child resided or had significant contact Members of extended family as defined by law or custom of tribe
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  • Presumed Father Married to childs mother when child born Child born w/n 280 days of divorce Marries mother after child born & on b.c. Declaration of Parentage pre 8-1-95 Lived with & held child out as his ROP but mother married More than one ROP ROP & other presumed father ROP & minor parent
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  • GENETIC TESTING Treat as if presumed father if positive test Right to notice Right to assessment Right to day to day care Duty to cooperate with establishment paternity
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  • Alleged Father Claimed by party or participant to be father Child born prior to 1-1-98 Filed affidavit of intent to retain parental rights w/n 90 days of childs birth Child born on & after 1-1-98 Registered with Fathers Adoption Registry w/n 30 days of childs birth
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  • Fathers Adoption Registry Mn Department of Health Register w/n 30 days childs birth or Lose right to notice of adoption Lose right to notice of Juvenile Protection TPR or permanency proceeding Certificate of search required for adoption Or certified copy of TPR that certificate of search filed w/court in Juvenile Protection proceeding
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  • Legal Parent per 260C Legal parent/child relationship that confers rights, privileges, duties & obligations Presumed father based on marriage & no action to declare nonexistence Presumed father because lived with & held out as father & court adjudication or ROP Competing presumptions & court adjudication or ROP No presumption but court adjudication or ROP Positive genetic test & court adjudication or ROP
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  • Fathers: I.C.W.A. Biological parent Unmarried father not parent unless paternity is acknowledged or established Tribal customs/laws control on how to acknowledge or establish paternity
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  • Juvenile Protection Petition Names/Addresses parents Birth, legally adjudicated or adoptive Name/address legal custodian Person who by court order or statute has sole or joint legal or physical custody ICWA status Parties Participants
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  • Legal Custodian Joint legal/physical custody if married & not divorced Equal rights to parenting time/visitation Unless court order establishing otherwise Mother sole legal/physical custodian if not married to father until c.o. otherwise Father thru ROP or adjudication only has custody/parenting time per c.o.
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  • COURT: PARTIES CHIPS Sole or joint legal or physical custodian Permanency/TPR Parents Adjudicated father Presumed father Filed with Fathers Registry Entitled to notice of adoption proceeding
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  • COURT: PARTICIPANTS CHIPS Noncustodial Presumed Adjudicated Alleged PERMANENCY/TPR Alleged Father per Rule A/F no right to notice per statute
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  • Court Proceedings Right to be heard if have legally recognized parent-child relationship Disposition Parental visitation Out-of-home placement plan Right to appointment of counsel Does not confer party status
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  • Court Responsibilities Inquire at 1 st hearing if identity & whereabouts both parents known Make inquiry of those present Inquire at subsequent hearings Have known parent sworn to provide info on identify or whereabouts of other Make findings on whether Agency made diligent efforts Both parents located Both parents served
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  • Court Responsiblities Identity and/or whereabouts unknown Find insufficient diligent efforts: Order agency to take further steps Order specific efforts to be made Find sufficient diligent efforts: Make reasonable efforts finding Decide whether further efforts for reunification would be futile Relieve agency of requirement to identify and/or locate upon finding of good cause
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  • Court Dispositions Protective supervision in home of noncustodial parent/father Does not confer legal custody Must have +genetic test Must cooperate with paternity establishment May be conditions or case plan Must have permanency hearing
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  • Court Dispositions Establish father-child relationship under CH 257 Establish permanent custody with noncustodial parent/father Agency may petition for paternity establishment & custody in same permanency proceeding
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  • Paternity Proceedings Fathers rights Court-appointed counsel Genetic tests Jury trial Order requirements Name of legal father Name to be added to birth certificate Custody & parenting time Name of child Social security numbers Important Notice requirements
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  • Dismissal on Father w/o TPR Presumption by marriage may be renounced by joinder to ROP ROP may be vacated Presumption of paternity may be rebutted in action to declare nonexistence of the father-child relationship Or court adjudication of another as father Or marriage dissolution judgment
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  • Nancy K. Jones Hennepin County Attorneys Office nancy.jones@hennepin.us 612-348-8371 Kevin McTigue Hennepin County Human Services & Public Health Department kevin.mctigue@hennepin.us 612-348-7120 nancy.jones@hennepin.us kevin.mctigue@hennepin.us
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