HomeMy WebLinkAbout20011548 RESOLUTION
RE: APPROVE REVISION TO OPERATIONS MANUAL, SECTION 2.000, SOCIAL
SERVICES DIVISION POLICIES AND PROCEDURES
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Department of Social Services has presented a revision to the
Operations Manual, Section 2.000, Social Services Division Policies and Procedures, to the
Board of County Commissioners of Weld County, for consideration and approval, and
WHEREAS, after review, the Board deems it advisable to approve said revisions, copies
of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, ex-officio Board of Social Services, that the revision to the Operations
Manual, Section 2.000, Social Services Division Policies and Procedures be, and hereby is,
approved.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of June, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD COU TY, COLORADO
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APPROVED ORM: en,1. E 4 l
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2001-1548
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DEPARTMENT OF SOCIAL SERVICES
PO BOX A
GREELEY,CO 80632
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L'I , L . _ WEBSITE:www.co.weld.co.us
Administration and Public Assistance(970)352-1551.
VI CChildSupport(970)352-6933
COLORADO MEMORANDUM
TO: M. J. Geile, Chair Date: June 7, 2001
Board of County Commissioners r
FR: Judy A. Griego, Director, Social Services a C�
RE: Revision to Section 2.000, Social Services vision Policies
Procedures, Weld County Department of Social Services
Operations Manual
Enclosed for Board approval is a revision to Section 2.000, Social Services Division
Policies and Procedures, Weld County Department of Social Services Operations
Manual.
The purposes of the revision to Section 2.600 are to:
1. Update procedures and policies regarding legal services.
2. Conform to changes as a result of agreements with the Court to use the State's
Administrative Review process.
3. Incorporate statutory and State rule changes required of the Department.
4. Organize the legal services section for better utilization by caseworkers.
If you have any questions, please telephone me at extension 6510.
2001-1548
Social Services Division Policies and Procedures
2.600 Legal Services
2.600.1 Definitions
Revised 6/11/01 A. Adjudication means:
1. A determination by the court that it has been proven
beyond a reasonable doubt to the trier of fact that the
juvenile has committed a delinquent act or that a juvenile
has pled guilty to committing a delinquent act. In addition,
when a previous conviction must be pled and proven as an
element of an offense or for purposes of sentence
enhancement, "adjudication"means conviction. Reference:
§ 19-1-103, C.R.S.
2. That a jury of six or a judge has determined by a
preponderance of the evidence that the allegations in a
Dependency&Neglect Petition are supported and that the
child is dependent or neglected.
B. Adjudication or Plea Hearing means a hearing to determine
whether the allegations of a petition in dependency and neglect are
supported by a preponderance of the evidence. Reference: § 19-1-
103, C.R.S.
C. Adjudicatory Trial means a trial to determine whether the
allegations of a petition in delinquency, or dependency or neglect
are supported by a preponderance of the evidence. Reference: §
19-1-103, C.R.S.
D. Appropriate Treatment Plan, as used in § 19-3-508, C.R.S.,
means a treatment plan approved by the court which is reasonably
calculated to render the particular respondent fit to provide
adequate parenting to the child within a reasonable time and that
relates to the child's needs. Reference: § 19-1-103, C.R.S.
E. Assistant County Attorney means an attorney hired by the Weld
County Attorney to represent dependency and neglect cases, confer
on juvenile cases, and at-risk adult cases.
F. Counsel means an attorney-at-law who acts as a person's legal
advisor or who represents a person in court. Reference: § 19-1-103,
C.R.S.
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G. Court, as used in part 3 of article 5 of the Colorado Children's
Code, Dependency and Neglect,means a court of record with
jurisdiction over the matter at issue. Reference: § 19-1-103, C.R.S.
H. Court-appointed Special Advocate (CASA) means a CASA
volunteer appointed by a court pursuant to the provisions of§ 19-
1-201, C.R.S.
Dispositional Hearing means a hearing to determine what order of
disposition should be made concerning a child who has been found
neglected or dependent and to enter an appropriate treatment plan.
This may be the same as the Plea hearing or it may be a separate
hearing held within thirty days of the entry of a plea or
adjudication. Reference: § 19-1-103, C.R.S.
J. Guardian ad litem means a person appointed by a court to act in
the best interests of a person whom the person appointed is
representing in proceedings under this title and who, if appointed
to represent a person in a dependency and neglect proceeding
under article 3 of the Colorado Children's Code, shall be an
attorney-at-law licensed to practice in Colorado. Reference: § 19-
1-103, C.R.S.
K. Nineteenth Judicial District(19th Judicial District) is the court of
record for Weld County. The Nineteenth Judicial District is
located at the Weld County Courthouse, 901 9th Avenue, P.O. Box
C, Greeley, CO.
L. Reasonable Efforts, as used in article 3 of this title, means the
exercise of diligence and care for children who are in out-of-home
placement, or are at imminent risk of out-of-home placement, to
provide, purchase or develop the supportive and rehabilitative
services to the family that are required both to prevent unnecessary
placement of children outside of such children's homes and to
foster, whenever appropriate, the safe reunification of children with
the families of such children. In determining whether reasonable
efforts are appropriate, as described in § 19-3-208, C.R.S., county-
required services to be provided, in making such reasonable
efforts, the child's health and safety shall be the paramount
concern. Services provided by the Department in accordance with
§ 19-3-208 are deemed to meet the reasonable effort standard.
Reference: § 19-1-103, C.R.S.
M. Special Respondent, as used in article 3 of the Colorado
Children's Code, means any person who is not a parent, guardian,
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or legal custodian and who is usually involuntarily joined as a
party in a dependency or neglect proceeding for the limited
purposes of protective orders or inclusion in a treatment plan.
Reference: § 19-1-103, C.R.S.
N. Termination of the parent-child legal relationship, as used in
article 3 of the Colorado Children's Code, means the permanent
elimination by court order of all parental rights and duties,
including residual parental rights and responsibilities, as provided
in § 19-3-608. Reference: § 19-1-103, C.R.S.
O. Weld County Attorney means the attorney for Weld County
Government.
2.600.2 General Information about Assignment of Cases and Procedures to
Access Legal Services
Revised 6/11/01 A. The Department contracts with the Weld County Attorney for the
services of two Assistant Weld County Attorneys (Attorneys) to
provide legal representation and advice on:
1. Dependency and Neglect cases
2. Guardianship and adult protection cases
3. Delinquency cases
4. Interpretation of the Children's Code
5. For other issues as assigned by the Director
B. Attorneys are assigned cases according to the last name of the
children. One attorney generally has cases A-K, the other attorney
has cases L-Z. When there is more than one last name involved in
a case or when there is another open case which is significantly
connected with the new case, the paralegals will determine which
attorney is assigned the case, irregardless of the last name. In the
absence or unavailability of either attorney, the other attorney shall
consult and/or take action on any case or request as necessary. If
neither attorney is available, the paralegals should be contacted and
they will determine if the assistance of the County Attorney's
office is necessary or if the matter can wait until a DSS attorney is
available.
C. All requests for the Attorneys to take legal action must have the
prior written approval of the caseworker's immediate supervisor as
evidenced by a signature on the Request for Legal Services form.
If that supervisor is not available, another supervisor or the Social
Services Administrator may sign the request but must be available
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to staff the case with the Attorney. The Attorney may request that
the case be staffed in the supervisor and/or Administrator's
presence if the Attorney thinks that is necessary.
D. Emergency situations may be handled verbally with the Attorneys
but this should be the exception, rather than the rule. Whenever
possible, the appropriate supervisor(or an available supervisor)
shall be included in the emergency staffing and any decisions
made. One of the Attorneys shall be included whenever there is an
issue of calling the Court for a verbal emergency order during the
business day.
E. General Procedure to initiate Legal Services:
1. The Request for Legal Services Form and Update Sheet
Form are available on the computer. All Forms should be
submitted to the paralegals. If emergency action is
required, the forms should be handed to the paralegals, or
an Attorney if paralegals are not available, and not just be
put in a tray.
2. The forms should be completed clearly and thoroughly.
The caseworker's handwriting needs to be legible. If the
caseworker requires more space, the caseworker may attach
a sheet of paper and staple it to the request.
2600.4 Appointment with or request for legal advice from Assistant Weld
County Attorneys
Revised 6/11/01 A. All appointments with Assistant Weld County Attorneys are
scheduled through the paralegals. Changes in circumstances in an
existing case may bediscussed with the attorneys if there is an
emergency or unusual situation which requires consultation or
staffing.
B. To update the Attorney on non-emergency changes in
circumstances on a particular case, the caseworker will use the
Update Sheet to identify if the caseworker needs legal advice and
forward the document to the paralegals.
C. The Attorney will review the file and determine the best course to
provide the caseworker legal advice. The Attorney will either
telephone the caseworker, E-mail, arrange for an appointment
through the paralegal, or provide an answer in writing.
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Social Services Division Policies and Procedures
D. Emergency situations may be handled verbally with the Assistant
Weld County Attorney,but must be the exception rather than the
rule. The required paperwork must still be provided as soon as
possible.
E. The Department is required to track cases where the judge or
magistrate disagrees with the Department's recommendation for
placement and to include the dollar amount that was either saved
or spent. Caseworkers should fill out the form provided with a
brief explanation of what the request was and the reasons the
judge gave for not following the recommendation of the
Department. The form should be turned into the paralegals
within a week of the hearing.
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2.601 Initiation of Petition in Dependency or Neglect
2.601.1 Procedures for Initiation of a Petition in Dependency or Neglect
Revised 6/11/01 A. Emergency hearings are usually held on Tuesdays and Thursdays
at 8:30 a.m. On the day after a court holiday, emergency hearings
are held at 1:30 p.m. These hearing are used to file D&N's and
request Orders to Investigate (OTI). The Request for Legal
Services Form is available on the computer. The form should be
printed out on peach paper so that the request does not get lost. It
should be prepared as early as possible and taken to the paralegals.
The deadline to present a Request for Legal Services Form to the
Department's Legal Department is 3:00 p.m., the day before the
hearing. If the form and information cannot be completed in time,
the caseworker must telephone the paralegals with the necessary
information to get the paperwork started. If even the names and
birth dates cannot be provided before 3:00 p.m., the caseworker
and supervisor must schedule a meeting with the Director to
explain the reasons why the information cannot be provided.
1. When a child is taken into protective custody and the
Department wishes to continue that custody, a hearing
must be held within 72 hours of the initial removal
(excluding weekends and holidays.) The normal
emergency times can be used for this except for custody
taken on Wednesday evenings (after 4:00 p.m.)when a
hearing must be specially scheduled for Friday or Monday.
B. The Request for Legal Services Form must be filled out completely
and contain:
1. The accurate spelling of all legal names (not nicknames) of
all children in the home and all children belonging to the
parents whether there is a request to file on a particular
child or not
2. The address of parent(s) and of any special respondents
3. A summary of the circumstances which have caused the
caseworker to request filing a D&N or OTI.
4. A notation of who custody should go to if requesting a
change of custody and a list of requested protective orders.
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5. The signature of the caseworker's immediate supervisor or
another supervisor or the administrator if the immediate
supervisor is not available.
6. If the case is designated under Expedited Permanency
Planning (EPP), the signature of EPP supervisor.
C. The caseworker should check with Colorado Works (TANF) and
Child Support to obtain parents' names and addresses if they
cannot get them another way.
D. If the caseworker is requesting custody, the caseworker must
identify to whom the caseworker wants to have custody given and
if that person should be a special respondent.
E. The paralegal will arrange a conference with the appropriate
Attorney and the caseworker to discuss the case and make the final
decision as to filing.
F. If the Assistant County Attorney approves the filing, the paralegal
staff will set the hearing on the date requested by the caseworker, if
feasible and appropriate. The caseworker will notify the parents of
the hearing and the purpose for the hearing.
G. Any medical reports or statements of other witnesses are to be
furnished to the assigned Attorney before the first court hearing if
available.
H. The caseworker will provide the parent(s) with the Court's
Attorney Application, so the parent(s)may have an opportunity to
apply for legal assistance before the hearing. The caseworker will
tell the parents to be at the courthouse at 8:00 a.m. so that the
arrangements for counsel can be made and they can talk to their
attorney if the attorney is available. Caseworkers should explain
the procedures involved when a D&N is filed but should not give
legal advice, including what plea a parent should make. Parents
should be referred to their attorney for that advice.
Under some limited circumstances, the parents or other parties may
appear by telephone at the emergency or subsequent hearings. In
general, the court will not make phone calls (even local calls) or
incur long distance charges. Caseworkers should make it clear that
the party must call into the court and incur any long distance
charges themselves. It is not unusual for a person to have to call
the court several times or to have to wait on hold for their hearing
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to be called up. In addition,the number of parties who may call in
at one time is limited and it may be difficult for a party on the
phone to hear.
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Social Services Division Policies and Procedures
2.602 Court letters
A. When is a letter required? All hearings require the caseworker to
submit an FSP letter unless for a hearing listed below or unless the
court specifically says at the previous hearing that no letter is
required. Both the caseworker and the county attorney should
document such a waiver. If there is any doubt, a letter should
be prepared.
These are the exceptions:
1. A continued plea hearing, if nothing significant has
happened in the interim or, if a full treatment plan was
submitted for the initial plea hearing, does not require a
letter.
2. A first hearing in a PRNP case where the FSP was
submitted with the request for filing does not require a
letter, unless there is significant change.
B. Contents of Court letters: A Court Letter checklist is attached to
this section which may be used to check off requirements for
specific letters. In addition, the following are requirements
developed by the supervisors and the judges.
1. On Section 1 of the FSP (face sheet): list all the fathers who
are on the petition, then list the mother on the petition, then
all the children according to age with oldest first. Also, if a
parent is deceased, list them on the face sheet, and indicate
deceased. Do not list a street address for the children,but
rather who they are in placement with. For example, C/O
Smith Foster Home; Greeley, CO or C/O John and Jane
Doe, maternal grandparents. Give the original removal date
for the children. (This helps to establish how long the
children have been in placement.) List attorneys and
GAL's if known.
2. In the involved persons/agencies section, list the names and
relationships to the people listed in Section 1. For example,
Marilee Smith,Psy. D., therapist for Jane Doe or Island
Grove Community Counseling Center, substance abuse
provider for John Doe.
3. On the 5A, Family AssessmentUpdate Section, list a brief
"pertinent history" that will be repeated on every 5A. List
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when the initial D&N was filed, or when the first PRNP
hearing was held; if/when parental rights were terminated
and a brief explanation of why the case came to the DSS
and the courts. This may change over time, as significant
things happen and become "pertinent history". This is to
orient the court to consider the latest news.
4. In the body of the 5A, in another paragraph or paragraphs,
give the current placements, employment history, etc.
Provide information with regard to the current situations of
all of the family members. This section is to update the
court on what has happened since the last court hearing. If
the case was continued for less than three months to review
a specific issue or issues, talk about those issues in this
section.
5. In the Services section,briefly review the components of
the treatment plan, medical/dental care for the children, any
educational issues, etc.
6. In the Progress section: be complete and specific.
Provide detailed information with regard to the progress on
the treatment plan, the progress the children are making in
placement, etc. If needed,provide copies of treatment
provider progress reports, evaluations, etc. Use this section
to substantiate your recommendations. All parents and
children should be mentioned.
7. In the Permanency goal section : Use one of the state
approved permanency goals. See the Permanency Plan
letter section for additional requirements for the actual
permanency plan hearing letter.
8. In the Time frames sections: Reflect the time frame for
resolution of the case and whether or not the previously
adopted time frames continue to be appropriate. If you
need to change the time frames,put the reason why in the
narrative section. If you change the time frames, adjust the
time frames on your treatment plan as well.
9. Summary of foster care review results section: List the
last date of foster care review and the findings. For
example, reasonable efforts have been made to ensure the
child's safety and placement/plan are appropriate. (The
wording will be on your foster care review summaries.) If
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the case is on the Admin. Review track, note that in this
section.
10. Summary of parental fee status: State whether or not the
parents have been assessed a child support obligation. If
they have not, contact Phyllis Youngman (x6419)with
what you know about the parents' employment status, as the
parents are to pay a fee when their children are in foster
care. Don't put "Weld County will be responsible for foster
care fees" anywhere as the foster fee assessment can be
challenged in court when parents are assessed a foster
care/child support obligation.
11. In the Recommendations section: BE SPECIFIC about
what you want to have happen in terms of protective
orders, compliance with the treatment plan, and when the
case should be reviewed again. This is your chance to
make sure the court knows what you want to happen
for this child/family.
a. List recommendations in bullet points or numbers.
b. Unless there is something unusual going on with
your case, a six month review should be requested.
If you request a 3-month review for a specific
issue, that issue should be discussed in the next
letter and/or the next hearing.
c. If this is an ongoing case, and the current review is
a paper review or Administrative Review, ask for an
Administrative Review the next time. If an in-court
hearing is necessary,prepare an update sheet and
attach it to the letter so that a motion can be
submitted. If the case is on the Administrative
Review track and a court hearing is necessary, the
case remains on the Administrative Review track
d. If the current review is the mandatory 90 day review
after a termination or relinquishment and the case is
on appeal, attach another copy of the termination
letter or relinquishment letter to the review letter.
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Review Letter Desk Aid
The following are suggestions for the completion of court letters, based on a meeting with Judge
Klein, Magistrate Melusky and Magistrate Tuttle. This is an effort to meet the court requirements
for information on cases that the Judge and/or Magistrate are not familiar with, as well as to meet
the State ASFA requirements.
• For in court hearings, letters are due, at the court, 7 days in advance of the scheduled
hearing.
*PLEASE NOTE:
• AFTER 12-31-01, 5 MINUTE IN COURT REVIEWS AND PAPER REVIEWS WILL NO
LONGER BE SCHEDULED. BEGINNING IN MARCH 2001, THE COURT BEGAN MOVING
THE PAPER REVIEW HEARINGS AND 5 MINUTE IN COURT REVIEW HEARINGS TO
THE ADMINISTRATIVE REVIEW TRACK.
• AS OF 1-1-02,ALL REVIEWS WILL EITHER BE COURT ORDERED ADMINISTRATIVE
REVIEWS OR IN COURT HEARINGS.
• During the time period that the court is transferring 5 minute in court review hearings and
paper review hearings to the Administrative Review Track, the letters for these hearings are
due, at the court, 14 days in advance of the scheduled hearing.
• On Section 1 of the FSP (face sheet): list all the fathers who are on the petition, then list the
mother on the petition, then all the children according to age. Also, if a parent is deceased,
please list them on the face sheet, and indicate deceased. The Judge and Magistrates do not
want a street address for the children, but rather who they are in placement with. For
example, C/O Smith Foster Home; Greeley, CO or C/O John and Jane Doe, maternal
grandparents. Reminder if the child(ren) is/are placed with a relative be sure to list how the
child(ren) is/are related. Also be certain to give the original removal date for the children.
(This helps to establish how long the children have been in placement.)
• In the involved persons/agencies section, list the names and relationships to the people listed
in Section 1. For example, Marilee Smith, Psy. D., therapist for Jane Doe or Island Grove
Community Counseling Center, substance abuse provider for John Doe.
• On the 5A, Family Assessment Update, list a brief"pertinent history"that will be repeated
on every 5A. List when the initial D&N was filed, or when the first PRNP hearing was held;
if/when parental rights were terminated and a brief explanation of why the case came to the
attention of the DSS and the courts. This may change over time, as significant things happen
and become"pertinent history". This is to orient the court to consider the latest news.
• Also, give the current placements, employment history, etc. Provide information with regard
to the current situations of the family members.
• In the Services section, briefly review the components of the treatment plan, medical/dental
care for the children, any educational issues, etc. Also be sure to identify any safety issues,
and how those issues were addressed, i.e. referral for investigation by another county DSS,
investigation by an intake worker, removal of the child from the home, etc.
• Progress: be complete and specific. Provide detailed information with regard to the
progress on the treatment plan, the progress the children are making in placement, etc. If
needed, provide copies of treatment provider progress reports, evaluations, etc. Use this
section to substantiate your recommendations. All parents and children should be
mentioned.
• Permanency goal: use one of the state approved permanency goals. Beginning with the
permanency plan hearing, and every hearing thereafter, submit a Part 3A Addendum, for
each child, not living with a parent, which lists the state approved permanency goals. In
some cases,you may have an alternative permanency goal. If your permanency goal is one
of the"Other Planned Permanent Living Arrangement"goals, you will need to address the 7
issues listed on the addendum. You can do that by addressing those issues within the body
of the court letter, or you can use the form that allows for the issues to be addressed
separately.
• If you are recommending a change of the permanency goal for any reason, be certain to
explain it in the space provided on the 5A, and put a recommendation of"change
permanency goal to..." in the recommendation section of the letter so the court can order the
change in permanency goal. If the permanency goal is going to be formally changed, it
needs to be clear to all the parties.Also, the permanency plan letter needs a separate
paragraph at the end with permanency plan recommendations. You can do this in the
recommendation section in narrative form, but make sure you reiterate the recommendations
in bullet form as well. To put your recommendations with regard to the permanency plan
letter in the body or under one of the headings is not enough.
• Recommended permanency plan changes can only be made during an in court review or a
court ordered administrative review. For example,for a child whose permanency goal had
been adoption, but it has been determined that he/she is no longer appropriate for adoption
and the goal should be Other Planned Permanent Living Arrangement, the caseworker
should recommend this change only during the above listed hearings.
• Beginning with the permanency plan hearing, a caseworker may request that a case be
placed on the Administrative Review Track. If the court orders this, the first court ordered
administrative review hearing will be the date of the first foster care/administrative review
following that hearing. For example, if you have a permanency plan hearing in March, and
you recommend the Administrative Review Track, and your next foster care review is in April,
that foster care review will be a court ordered administrative review, and another FSP will
need to be prepared for that review.
• If a case is not placed on the Administrative Review Track, then a permanency review
hearing must be held every 12 months to meet federal regulations.
• A 5A-1 is required for all cases in which a child has been in foster care for 15 out of 22
months. For those cases where parental rights have been terminated and adoption may or
may not be your permanency goal, an attachment to the 5A was developed which will still
allow you to "check off' an appropriate circumstance for your child. There will be a space for
the caseworker's signature and the supervisor's signature.A 5A-1 is required for each child.
• Time frames: reflects the time frames on your treatment plans(3A), and whether or not this
continues to be appropriate. If you need to change the time frames, be sure to put in a
reason why in the narrative section. If you change the time frames, make sure you adjust the
time frames on your treatment plan (3A)as well.
• Summary of foster care review results: list the last date of foster care review and the
findings. For example, reasonable efforts have been made to ensure the child's safety and
achieve the permanency goal. (The wording will be on your foster care review summaries.)
• Summary of parental fee status: list whether or not the parents have been assessed a child
support obligation. If they have not, be sure to let Phyllis Youngman (x6419) know what you
know about the parents' employment status, as the parents are to pay a fee when their
children are in foster care. Don't put"Weld County will be responsible for foster care fees"
anywhere as this can be challenged in court when parents are assessed a foster care/child
support obligation. If you do use that language on a treatment plan, for example, make sure
you also include a statement that parents will be assessed a fee with regard to child support.
• Recommendations. BE SPECIFIC. The Judge and Magistrate prefer that recommendations
be listed in bullet points or numbers. Unless there is something unusual going on with your
case, you probably don't need a review more than every 6 months. If you request a 3-month
review for a specific issue, that issue should be discussed in the next letter and/or the next
hearing.This is your chance to make sure the court knows what you want to happen
for this child/family.
• The Judge and Magistrates are using this section to make placement findings with regard to
best interest of the child, reasonable efforts, etc. Please include a statement that the
placement is the most appropriate and least restrictive, and meets the needs of the child, that
it is in the best interest of the child, and that reasonable efforts have been made to prevent
placement and/or achieve permanency.
• A 90-day in court review is mandatory after termination or relinquishment of parental rights. If
the case is on appeal, please provide another copy of your termination letter with your review
letter.
• COURT ORDERED ADMINISTRATIVE REVIEWS
• Beginning in March of 2001, the District Court(Divisions 8 and 9) ordered that court ordered
administrative reviews would replace paper review hearings and 5 minute in court review
hearings. The following are the procedures for these reviews:
• The foster care coordinator(at the present time, Julieta Gan)will schedule the court ordered
administrative reviews with the caseworkers. Once the schedule is complete, it will be
provided to the paralegals, who will review it and make sure all the scheduled administrative
reviews are set. Court ordered administrative reviews would take precedence over foster
care reviews.
• The caseworker will prepare the invitations for the reviews. Invitations must be sent out no
less than 2 weeks prior to the review, although the foster care coordinator requests invitations
approximately 4 weeks in advance. For court ordered administrative reviews, all parties must
be invited: parents, service providers, Guardian ad Litems, respondent parents'attorneys, the
CASA, and the assistant county attorney. If the youth is 12 years of age or older, the youth
must receive a separate invitation. If there are any changes in placement from the time that
the initial invitation is sent out, new invitations must be sent out to the service providers.
• The caseworker will prepare a court letter/FSP for the court ordered administrative review
hearing, and will have copies for all of the parties, along with the original letter, in the case file
at the time of the review. The caseworker will prepare the court ordered administrative
review letter in the same manner as an in court review letter is prepared, including all
necessary addendums.
• The case file must be in the reviewer's office by 8:00 on the morning of the scheduled review,
or the review will need to be canceled and rescheduled.
• The administrative reviewer will prepare the findings for the court, attach the original finding
sheet to the court's letter, and return the FSP/findings to the paralegals for distribution to the
court and all the parties. The administrative reviewer will provide a copy of the findings to the
Social Services Administrator for his review and distribution to supervisors.
• The paralegals will prepare the orders to accompany the court letter. A copy of the court's
order,with the date of the next administrative review hearing, will be provided to the
caseworker for the file upon receipt from the court.
'The first few review letters are going to be difficult to write due to the numerous changes.
However, once you get one or two written, you will know the requirements and the format
changes, and the rest will go more smoothly. Once you save your letter, there will only be certain
portions that will need to change for future reviews, and much of the content can remain the same
from review to review.
Social Services Division Policies and Procedures
2.603 Legal Update Sheets
Revised 6/1 1/01 A. Legal update sheets should be used to give information for the
Attorney to determine if legal action is necessary, to report
significant changes between the time the FSP was written and the
hearing, and to request new protective orders or other action.
Because the Legal Update Sheet is used by the Attorneys to
determine the best legal course to take,the caseworker must
complete the form timely and thoroughly with all information.
Information and requests for action relayed verbally to the
attorneys during a hearing are a distraction and,because there is no
opportunity for supervisor approval and/or notice to other parties,
may result in a need for additional hearings.
B. It is expected that caseworkers will attend all hearings on their
assigned cases. The caseworker(including caseworkers covering a
case for an absent worker) should be knowledgeable about the
details of the case and be able to inform the Attorney or the court
as follows:
1. Where the child is.
2. Who has custody of the child.
3. The status of the case including visitation schedule and
compliance.
4. The Department's recommendations.
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Social Services Division Policies and Procedures
2.604 Order to Investigate
Revised 6/11/01 The caseworker must prepare a written Family Services Plan (FSP)
documenting the results of the investigation, including the persons
interviewed and validity of the referral. If the court indicates that a verbal
report may suffice at the hearing because of a turnaround time less than a
month, it must still be followed up by a letter due a month from the date
the OTI was ordered.
A. If the Recommendation is not to File a Dependency& Neglect
(D&N) Petition. The caseworker will provide a written letter
addressed to the court describing the investigation and the reasons
it was substantiated or unsubstantiated. If the investigation was
substantiated, the caseworker will describe why a D&N is not
being filed, including recommendations, referrals made and/or
services, if any,"that were provided.
B. Filing a Dependency & Neglect(D&N) Petition. The
caseworker must request a D&N according to Section 2.601. It is
not necessary to wait until the original date given for the OTI
return. The FSP Parts 1 and 2 may be provided upon the filing of
the D&N. A treatment plan(even if just a safety plan) is due at
court one week before the plea hearing and should be provided to
all parties and their attorneys. See Section 2.605 below.
Adm\manss32.jag
Social Services Division Policies and Procedures
2.605 Review of Need for Placement(RNP)
Revised 6/11/01 The FSP must be completed to document the Department's adherence to
C.R.S. §19-3-701(5) for Review of Need for Placement(RNP). The
Department is required to prepare a social study or evaluation for
placement whenever a child has been placed out of the home and it
appears that continuation of the placement will be for a period exceeding
ninety days.
A. Within sixty days of the child's removal date, the caseworker will
complete the FSP Parts 1, 2, 3A, 3B, and 3C, if necessary. If the
youth is sixteen years of age or older, the caseworker will complete
Part 4D.
1. In FSP Part 2, #18, the caseworker will describe:
a. how the youth meets placement criteria- the date
child was placed;
b. the placements considered, including relatives;
c. the cost of each placement;
d. a recommendation for placement and why this
placement best meets the needs of the child;
e. describe the manner in which the placement will be
paid;
f. the parents' foster care fee assessment; and
g. information regarding SSI and Title IV-E eligibility.
2. In Part 3A through the Treatment Plan, the caseworker will:
a. address the goals to be achieved by the placement;
b. describe the services to be provided to eliminate the
need for placement, their intensity, duration and the
provider.
B. After the FSP is prepared, and on or before the sixtieth day in
placement, the caseworker shall prepare and deliver a Request for
Legal Services as described in Section 2.601 and attach the original
FSP and submit it to the paralegals. The paralegals will prepare
the Petition and file it within ninety days of placement. Failure to
meet these time lines can cost the Department money.
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Social Services Division Policies and Procedures
2.606 Plea Hearing
Revised 6/11/01 The caseworker will prepare an FSP as follows:
A. Informal Adjustments. If the parties have agreed to enter an
admission for the purposes of an Informal Adjustment, the
caseworker shall prepare an FSP setting forth the recommended
items of the Informal Adjustment, reasons for recommending the
items, and the goals of the plan. The case is then dismissed by the
court and monitored for up to six months by the Department. If the
parents complete the plan, the Department cannot refile on the
same facts. If the plan is not completed or another incident occurs,
the Department may ask to have the case reopened or file another
D&N.
B. Deferred Adjudication or Entry of a Decree. The caseworker
shall prepare an FSP Parts 1, 2, 3A, 3B, and 3C, if necessary. If
the youth is sixteen years or older include 4D.
1. Intake Caseworker or Caseworker Filing the D&N. The
intake caseworker is to prepare Part 1, 2, and 3A or initial
Treatment Plan,
2. Ongoing Caseworker. The ongoing caseworker will
prepare an amended treatment plan with Part 3A using the
headings of need, time frame, action steps, measurement of
success, provider,persons involved and payment method.
This amended treatment plan maybe used for either the
plea, continued plea, or review hearing.
C. Continued Plea Hearings. No FSP is needed for this type of
heating unless something significant has happened which the
court needs to know.
2.606.1 Treatment Plans
A. The only treatment plans submitted to the Court in child protection
cases usually should be for the parents and special respondents.
Youth-in-conflict cases may have a treatment plan for the child or
children as well since that is the focus in that type of case.
Adm\manss32.jag
Social Services Division Policies and Procedures
2.607 Review Hearings
Revised 6/11/01 The caseworker will prepare written FSP reports as follows:
A. Three month review hearings. The caseworker is required to
prepare an FSP for all hearings unless specifically excused by the
court.
B. Six month review hearing. The caseworker shall prepare an FSP
Parts 1, 3B (if the child is in placement), 5A and 5A(1). The letter
shall be filed seven days prior to hearing. If the youth is sixteen
years or older, the caseworker shall include FSP Part 4D, unless
this part has been previously submitted. If the treatment plan
requires major changes,the caseworker shall recommend these
changes in FSP Part 3A. If there are new developments after the
letter has been submitted,the caseworker shall provide an update
sheet three days prior to the hearing to the county attorney.
Adm\manss32.jag
Social Services Division Policies and Procedures
2.608 Change of Custody
Revised 6/11/01 A request for change of custody is not to be put in an FSP, unless the
caseworker has advised the Assistant County Attorney in advance of
submitting the letter to the Court.
The caseworker prepares an update sheet to request an emergency hearing,
a forthwith hearing or a motion for a change of custody, setting forth the
reasons for the Department's position, whether all parties have been
advised, and if anyone is objecting to the change of custody.
Adm\manss32.jag
Social Services Division Policies and Procedures
2.609 Change of Placement
Revised 5/8/00 A. State statutes provide that prior to the change of placement of a
child, the county department shall, to the extent possible,notify the
guardian ad litem, any CASA volunteer, and other parties. If the
guardian ad litem or other party disagrees with the change of
placement, he or she may seek an emergency hearing concerning
the appropriate placement for a child. In an emergency,the county
department may proceed to make the change of placement prior to
any requested hearing. C.R.S. § 19-3-213 (1)(a).
B. When a caseworker seeks to change the placement of a child in a
non-emergency situation, and after supervisor approval, the
caseworker shall make the required notifications and document
those notifications. If there is a disagreement by any party or if
there is a prior court order in place stating that the child should not
be moved without a court order, the caseworker shall prepare an
update sheet to advise the county attorney and to request an
emergency or forthwith hearing. After reviewing the update sheet,
the assigned county attorney will decide if and how the department
will proceed or if the department will wait for the party who
disagrees to ask for a hearing. The update provided shall identify
which parties are in disagreement. If there is no disagreement, the
caseworker shall prepare a letter advising the court of the change in
placement. No child should be moved in a non-emergency
situation without supervisor approval and until all notifications
have been made.
C. In an emergency situation, the appropriate move should be made
(after supervisor approval) and the notifications shall be made as
soon afterward as is possible. An update sheet shall be prepared if
there is any disagreement by another party and the matter discussed
with the county attorney so that appropriate court action can be
taken. If there is no disagreement after the fact, the caseworker
shall prepare and submit a letter to the court advising of the move
and situation.
D. All placement changes shall be made known immediately to the
paralegals, even if a court hearing is not needed, so that the
department can comply with notice for hearings.
Adm\manss32.jag
Social Services Division Policies and Procedures
2.610 Permanency Planning Hearing
Revised 6/11/01 A. A permanency hearing will be held within six months of the initial
filing of an Expedited Permanency Planning (EPP) case and
twelve months on non-EPP cases. It should be at the next hearing
after the dispositional hearing whenever possible. The paralegals
will prepare the Motion and Notice for the permanency hearing.
B. The caseworker will prepare an FSP Parts 1, 3B, 5A, and 5A(1).
In FSP Part 5, the caseworker will:
1. Review the progress of the case, cooperation with the
treatment plan, and provision of services.
2. Describe whether the parents have maintained regular
contact, visitation or parenting time.
3. Provide an estimate about when the child may return home
and what needs to be accomplished before reunification can
occur; describe the permanent home if one has been
identified. If a permanent home is not available, describe
the extraordinary circumstances why the child does not
have a permanent home and what needs to occur to
accomplish this. A concurrent plan may also be proposed.
4. Describe whether termination of parental rights would be
beneficial.
a. If not, describe in detail the reasons outlined in FSP
Part 5A(1).
b. If the caseworker recommends termination, the
caseworker must request termination through a
Request for Termination Form and notify the
Assistant County Attorney before the caseworker
puts it in the FSP.
5. Describe recommendations for permanency plans in FSP
Part 5A using the state-approved goals.
Adm\nanss32.jag
Social Services Division Policies and Procedures
2.611 Motion to Terminate Parental Rights
Revised 6/11/01 A. Termination Cases. If the caseworker believes the parents' rights
should be terminated, the caseworker will not mention this in an
F.S.P. before first staffing the case with the Assistant County
Attorney. The caseworker will prepare a Request for Termination
with the following information:
1. Compliance and/or success of the approved treatment plan;
2. Reasons for requesting termination;
3. The list of proposed witnesses and exhibits with enough
copies attached for all parties.
B. Abandonment Cases. If the child has been abandoned by the
parent(s) and/or a parent cannot be located for personal service, the
paralegals will send a memoradum with a check-off sheet to list the
efforts to locate the parent. The caseworker will mark off each
source they have checked and provide a handwritten statement of
efforts to locate the missing parent to the paralegals so that the
proper paperwork can be prepared. The deadline for return to the
paralegals is one week. After the affidavit is prepared, the
caseworker will review it for accuracy and then sign the
verification.
Adm\manss32.jag
Social Services Division Policies and Procedures
2.612 Termination Hearing
Revised 2/1/00 A. The caseworker shall prepare a termination letter and submit it to
the court, all parties and the Assistant County Attorney by the
deadline given by the Court.
B. The termination letter shall include the FSP Parts 1 and 5A, as
follows:
1. Part 5A shall include a description of:
a. Give a chronological history of the case.
b. Changes that have occurred in the case,with
emphasis on placement, including periods in
residential treatment and incarcerations; parenting
time; treatment providers; and parental home.
c. Compliance with the treatment plan including
successes and failures.
d. The caseworker's opinions in the applicable areas as
follows:
1) The necessity and appropriateness of
termination, including alternatives explored
and rejected;
2) The level of compliance and success with
the treatment plan; parental unfitness; and
likelihood of change within a reasonable
time;
3) The level of improvement demonstrated by
the parent(s)in addressing problems
identified in the treatment plan and the level
of improvement in the relationship of the
parent to the child(ren).
4) Termination questions for abandonment:
a) Was the child adjudicated dependent
or neglected?
b) Has the parent ever had physical
custody of the child?
Adm\nanss32.jag
Social Services Division Policies and Procedures
c) Has the parent contacted you to
make clear his/her intention to
resume physical custody of the
child?
d) Has the parent contacted you to
make permanent legal arrangements
for the care of the child?
e) What have you done to try to locate
this parent?
f) Is it your expert opinion that this
parent has abandoned the subject
child?
g) Did you file an affidavit of unknown
whereabouts with the court prior to
this hearing?
5) Termination questions for failure to follow
treatment plan:
a) Has the child been adjudicated
dependent or neglected?
b) Was a treatment plan adopted by the
court?
c) With regard to the components of the
plan,has the parent complied with
any of them?
d) Has the parent attended visitations
with the child? Was there good
cause for not visiting?
e) Does the parent have the same
problems now as were addressed in
the treatment plan?
f) Has there been any improvement in
the relationship with the child? Is
there any relationship with the child?
g) Has the parent ever shown that
he/she is able to provide nurturing
and safe parenting for this child?
Has the parent abandoned this child?
h) What services were offered to this
parent/family? Were those services
successful?
i) Is this parent a fit parent for this
child?
Adm\manss32.jag
Social Services Division Policies and Procedures
j) Is it likely that the parent would be
able to change within a time frame
that is reasonable when viewed from
the perspective of the child at this
particular age and condition?
C. The paralegals will prepare an Affidavit of Unknown Whereabouts
when a parent's whereabouts is unknown for the caseworker's
signature to be submitted more than 10 days before the termination
trial.
Adm\manss32.jag
Social Services Division Policies and Procedures
2.613 Protective Orders and/or Emergency Change of Custody Requests
Revised 6/11/01 Requests for Emergency Hearings, Protective Orders and/or
Emergency Change of Custody in an existing case
The caseworker should prepare an update sheet setting forth the current
issues and recommendations. The update sheet should be submitted to the
paralegals. A meeting with the attorney will be set up if necessary. The
attorney will prepare a motion for the emergency or forthwith hearing and
take the motion to the court. Once the Court acts on the motion and
notifies the paralegals of the hearing time, the paralegals will notify the
caseworker, the other attorneys, the CASA. The caseworker will notify
the parent and special respondents.
2.613.1 Obtaining a Verbal Court Order to Take a Child or Children into
Custody
A. When an emergency situation exists such that the caseworker's
opinion is that it is vital that children be taken into protective
custody but law enforcement refuses to do so, the caseworker is to
consult with his or her supervisor(or available supervisor or
administrator). If this situation happens during business hours,
there should be a consultation with an Assistant Weld County
Attorney for an emergency ex parte motion, if there is time for that
action. If there is not time, a call to an available family court
judge - if during business hours -may be made. If it is after
business hours or no family court judge is available during
businesss hours, the duty judge is to be called. The name of the
duty judge may be obtained from the Clerk of Court's Office
during business hours or from Weld County Dispatch after hours.
THIS IS TO BE EXTREMELY RARE AND NEVER
WITHOUT SUPERVISOR AGREEMENT. If an oral court
order is obtained, whoever speaks with the judge must take notes
of the content of the order so that the Attorney can prepare a
written order to be submitted to the Court on the next working day.
B. The primary way that the department gets protective custody is
through law enforcement with the back-up procedure being by ex
parte motion and written order. When requesting an ex parte
motion or phone call to a judge, workers need to be certain of their
facts, and fully relate all facts,both pro and con, to the attorney
and/or supervisor.
Adm\manss32.jag
Social Services Division Policies and Procedures
2.614 Proposed Orders
Revised 6/11/01 A. A proposed order is prepared by the paralegals and reviewed by the
Assistant Weld County Attorney following a hearing where the
Court makes specific findings and orders.
B. The proposed order is sent to the caseworker and counsel on the
case.
C. When the caseworker receives the proposed order, the caseworker
will review the order for accuracy. If there are any corrections that
need to be made, the caseworker must notify the paralegals of these
corrections within seven days from the date the Certificate of
Mailing is signed.
Adm\manss32.jag
Social Services Division Policies and Procedures
2.615 Distribution of Reports
Revised 6/11/01 A. The caseworker will provide copies of psychological evaluations,
therapist reports, recommended treatment plans and Informal
Adjustment Plans to all attorneys on a timely basis. This step is
necessary to avoid objections for improper notice by the other
attorneys.
B . The caseworker will file, seven days before the hearing, FSPs,
letters or reports to the Family Court's Clerk's Office, the Assistant
Weld County Attorney, and all counsel through the attorney tray
(or by mail, if necessary) and by mail to Special Respondents. A
"c.c."will be put on the document so that the paralegals can be
sure it was done.
Adm\manss32.jag
Social Services Division Policies and Procedures
2.616 Administrative Reviews
Revised 6/1 1/01 A. The Nineteenth Judicial District has authorized the use of
administrative reviews to substitute for court hearings in those
cases which have been paper reviews. New cases will be placed on
the Admin Review track as appropriate at an in-court hearing. No
D&N or PRNP case will go on the Administrative Review Track
until after the permanency plan hearing has been done. The
findings from the Administrative Review will be provided to the
Court and a Court order adopting those findings will be issued
without an in-court hearing.
B. If a case is not placed on the Administrative review track after the
first permanency plan, an in-court permanency hearing needs to be
held every 12 months pursuant to Federal Regulation. (Note: The
case will be reviewed in court every six months and appropriate
placement findings will be asked for at each hearing.) Cases which
are appropriate to remain on in-court review are cases which have
not stabilized,which may close before the next six month hearing,
cases which have some children at home and some in foster care or
where parental rights have been terminated on some children and
not others, and longstanding cases where the children are at home.
Any party may object to administrative review and no reason need
be given.
C. If a case is on the Administrative Review track, the caseworker
will prepare the FSP (and it is due on the date of) for the
administrative review. The 3A and 5A attachments should always
be attached so that there is never an audit issue. Caseworkers shall
either give the letter to the biological parents, foster parents, and
the CPA (if any) at the review or mail it that same day. The
Administrative Reviewer will do the review and provide the
findings to the paralegals within two or three days of the review
with a copy of the caseworker's letter attached. A proposed order
will be prepared and filed with the court, all other attorneys and
special respondents within two weeks of the review date. The
signed order will be sent to foster parents as part of the
"notification of the court dates"process and will be provided to the
administrative reviewer so that the reviewer can track which cases
have been set for administrative review.
D. The process will be that the Department's foster care review
coordinator will generate a"tickler"list from Trails and start the
scheduling with two kids per slot (siblings together, if possible)
and the units will rearrange the schedule as needed to finally come
Adm\manss32.jag
Social Services Division Policies and Procedures
up with a schedule for a given month. The schedule will be given
to the paralegals.
The paralegals will review the list to ensure that all cases which
are on admin review are set for admin review and that any cases
which have not been scheduled are put on the schedule. The
schedule will then be highlighted and distributed to the foster care
reviewer, Department supervisors, and the Guardian ad Litems.
The foster care review coordinator will then notify caseworkers
and ask for the invitations. This should be about a month before
the review. The coordinator will send the invitations out to all
parties identified(including CASA) and prepare and sign a
certificate of mailing which will be sent to the paralegals.
It is critical that invitations to the Administrative Review go
out at least two weeks before the review date. Failure to meet
this time line may result in the court refusing to make the
findings required without an in-court hearing.
E. If a case is set for the Administrative Review track and the
caseworker believes the circumstances are such that an in-court
review is necessary(whether an administrative review is due or
not), the caseworker should prepare a Legal Update Sheet
requesting an in-court review. After review by the Attorney, the
paralegals will prepare a motion for the court to set a review
hearing and the caseworker will be advised of the date.
Adm\manss32.jag
Social Services Division Policies and Procedures
2.617 Policy for Notice to Foster Parents of Court Hearings.
Revised 5/8/00 A. Pursuant to C.R.S. 19-3-502(7), which requires the Court to send
notices to foster parents, relatives, CPA's, RTC's, and RCCF's,
the Department has agreed that the paralegals will send the notices
for the Court. This will be done as follows:
1. The paralegals shall send, as a notice to placements, a copy
of the written order from the last hearing. If no written
order was prepared by the Department, a copy of the
minute order will be sent.
2. The paralegals shall keep a placement tracking sheet in
each file,with the placement's name, address mailed to,
type of notice sent, and date sent and which paralegal sent
it.
B. In order for the paralegals to be able to send these notices out in a
timely manner, the Social Services caseworkers shall provide the
following information in a timely fashion.
1. When a caseworker is filing a new D&N or Review of
Need of Placement and is requesting custody to the
Department or a relative, the caseworker will give the name
and address of the placement with their request. If the
placement is through a CPA, the name and address of the
CPA shall be included.
2. When a caseworker prepares an update sheet for an
upcoming hearing they should include name and address of
the placement on their update sheet. If the placement is
through a CPA, the name and address of the CPA shall be
included
3. In an open D&N or RNP case, when a change of placement
has occurred, the caseworker will enter their service
authorization on Trails as usual. The caseworkers will
highlight the most recent placement and print the service
authorization screen. They will add the name of the child
to the top, list the placement's address (if a CPA, list both
the foster parent's address and the CPA's address) and send
to the paralegals.
Adm\xnanss32.jag
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