cji reducing trauma in children by ensuring involvement of fathers nancy k. jones, hennepin county...
TRANSCRIPT
CJI
Reducing Trauma in Children by
Ensuring Involvement of Fathers
Nancy K. Jones, Hennepin County Attorney’s OfficeKevin McTigue, Hennepin County Human Services & Public
Health Dept.
DILIGENT EFFORTS
Identify & locate both parentsAsk custodial parent for infoContact Child Support AgencySearch FAR
REASONABLE EFFORTS
IdentifyLocateOffer
ServicesBoth parents
REASONABLE EFFORTS
Assess father’s willingness & capability to provide care
May include NetstudyConsider only if +genetic test
Require paternity establishmentObtain authority from mother or
court for “placement”
REASONABLE EFFORTSPrepare OHPP for each parent if
child cannot be placed with eitherReport to court diligent efforts to
ID & locate parent if identity and/or whereabouts unknown
Assessment/Background StudyMust be “reasonable cause” before
NetstudyInfo that creates “articulable
suspicion”Must believe placement with father
would endanger child before denial15 days notice to father & opportunity to be
heard Consider Minn. Stat. 518.179
Adjudicated Father/Rule
Determined by court or Recognition of Parentage to be biological father
Recognition of ParentageRequires notarized signatures of
both parents attesting to child’s paternity
Same as court order adjudicating paternity if filed w/ MN Dept of HealthExcept when only creates
presumptionDoes not give father right to visitation
or custody
KINSHIP SEARCHIncludes maternal & paternal relatives
even if paternity not adjudicatedImportant friend with whom child
resided or had significant contactMembers of extended family as
defined by law or custom of tribe
Presumed FatherMarried to child’s mother
when child bornChild born w/n 280 days
of divorceMarries mother after
child born & on b.c.Declaration of
Parentage pre 8-1-95Lived with & held child
out as his
ROP but mother married
More than one ROPROP & other
presumed fatherROP & minor parent
GENETIC TESTINGTreat as if presumed
father if positive testRight to noticeRight to assessmentRight to day to day careDuty to cooperate with
establishment paternity
Alleged Father
Claimed by party or participant to be father
Child born prior to 1-1-98Filed affidavit of intent to retain parental
rights w/n 90 days of child’s birth
Child born on & after 1-1-98Registered with Fathers’ Adoption Registry
w/n 30 days of child’s birth
Fathers’ Adoption Registry
Mn Department of HealthRegister w/n 30 days child’s birth or
Lose right to notice of adoptionLose right to notice of Juvenile Protection
TPR or permanency proceedingCertificate of search required for adoption
Or certified copy of TPR that certificate of search filed w/court in Juvenile Protection proceeding
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
Fathers: I.C.W.A.
Biological parentUnmarried father not
“parent” unless paternity is “acknowledged or established”
Tribal customs/laws control on how to “acknowledge or establish” paternity
Juvenile Protection PetitionNames/Addresses parents
Birth, legally adjudicated or adoptive
Name/address legal custodianPerson who by court order or statute has
sole or joint legal or physical custody
ICWA statusPartiesParticipants
Legal Custodian
Joint legal/physical custody if married & not divorcedEqual rights to parenting time/visitationUnless 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.
COURT: PARTIESCHIPS
Sole or joint legal or physical custodian
Permanency/TPRParentsAdjudicated fatherPresumed fatherFiled with Fathers’
RegistryEntitled to notice of
adoption proceeding
COURT: PARTICIPANTS
CHIPSNoncustodialPresumedAdjudicatedAlleged
PERMANENCY/TPRAlleged Father per RuleA/F no right to notice per statute
Court Proceedings
Right to be heard if have legally recognized parent-child relationshipDispositionParental visitationOut-of-home placement plan
Right to appointment of counselDoes not confer party status
Court Responsibilities
Inquire at 1st hearing if identity & whereabouts both parents knownMake inquiry of those presentInquire at subsequent hearings
Have known parent sworn to provide info on identify or whereabouts of other
Make findings on whetherAgency made diligent effortsBoth parents locatedBoth parents served
Court ResponsiblitiesIdentity and/or whereabouts unknown
Find insufficient diligent efforts:Order agency to take further stepsOrder specific efforts to be made
Find sufficient diligent efforts:Make “reasonable efforts” findingDecide whether further efforts for
reunification would be futileRelieve agency of requirement to
identify and/or locate upon finding of good cause
Court DispositionsProtective supervision in home of
noncustodial parent/fatherDoes not confer legal custodyMust have +genetic testMust cooperate with paternity
establishmentMay be conditions or case planMust have permanency hearing
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
Paternity ProceedingsFather’s rights
Court-appointed counselGenetic testsJury trial
Order requirementsName of legal fatherName to be added to birth certificateCustody & parenting timeName of childSocial security numbersImportant Notice requirements
Dismissal on Father w/o TPR
Presumption by marriage may be renounced by joinder to ROP
ROP may be vacatedPresumption of paternity may be
rebutted in action to declare nonexistence of the father-child relationshipOr court adjudication of another as fatherOr marriage dissolution judgment
Nancy K. JonesHennepin County Attorney’s [email protected]
Kevin McTigueHennepin County Human Services & Public Health [email protected]
