HomeMy WebLinkAbout980085.tiff RESOLUTION
RE: APPROVE EXPEDITED PERMANENCY PLANNING PROPOSAL AND AUTHORIZE
CHAIR TO SIGN
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 Board has been presented with an Expedited Permanency Planning
Proposal from the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Social Services, to the
Colorado Department of Human Services, commencing February 1, 1998, and ending May 31,
1998, with further terms and conditions being as stated in said proposal, and
WHEREAS, after review, the Board deems it advisable to approve said proposal, a copy
of which is 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 Expedited Permanency
Planning Proposal from the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Social Services, to the
Colorado Department of Human Services be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said proposal.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of January, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
.� WELD COUNTY, COLORADO
ATTEST: a � ��•ii�I/,►�'1 / 1,/�?r��i/iz� 4 Aa—P
Constance L. Harbert, Chair
Weld Coup ,cj qq// JJ //77
BY: . 4 W. H. ebster, Pro-Tem
Deputy CII
Georg . Baxter
ROV D A • eRM: EXCUSED DATE OF SIGNTNG (AYF)
Dale K. Hall
/tt ,
o yAtt. ney /l Sr ,,',/I'.z,cicA--
;'Barbara J. Kirkmeye 2
980085
c'.e 53 SS0024
4,11:;
OFFICE OF BOARD OF COUNTY COMMISSIONERS
I PHONE: 970-356-4000, Ext.4200
Fax: 970-352-0242
CP.O.Box 758 GREELEY, COLORADO 80632
COLORADO
Weld County
Expedited Permanency Planning Phase-in Plan
The Boards of Weld County Commissioners has been presented with the Weld County Expedited
Permanency Planning Phase-in Plan, on behalf of the Weld County Department of Social
Services, and has approved such plan.
Constance L. Harbert, Chair Date
Board of Weld County Commissioners
i'a ,l � ���.� ° 3 7
Judy &JGrie Director D to
i
WeldiCounty epartme t of SI cial Services
960095
WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
Expedited Permanency Planning
Proposal
Weld County Department of Social Services and the Nineteenth Judicial District are interested in
a phase-in program. This program would serve forty families in a year.
OVERSIGHT:
The Weld County Placement Alternatives Commission will monitor the project goals,
budget, and outcomes and will recommend refinements to the Expedited Permanency
Planning system. The Placement Alternatives Commission is an advisory committee to the
Board of Weld County Commissioners and the Weld County Department of Social Services.
II. PHILOSOPHY:
If Weld County is approved as an E.P.P. designated county, the Department intends to
assume full financial responsibility for this accelerated program in two years. Also,the State
of Colorado is scheduled to incorporate the mandates of expedited permanency planning by
the year 2004 or sooner. In November 1997,Federal legislation was passed by Congress that
will mandate the termination of parental rights for any child placed in foster care within
fifteen out of the last twenty-two months. This Federal Legislation will allow few
exceptions. Weld County hopes to use this program to help us learn to provide this service
in the most effective and cost efficient manner. Any proposed expenditures for the
Department will be readily absorbable into our budget within two years or less without
requests for additional funding just for E.P.P. In this way, Weld County hopes to remain
cost neutral. Unlike some E.P.P. designated county departments who have this program,
Weld County will not specialize caseloads or caseworkers. The Department will use current
Family Preservation Program monies, with the exception of start up funding for mediation
and family group conferencing services. The half-time Case Aide III position in the
Department's request will be readily absorbable within one year. The cost of mediation and
family group conferencing will be absorbed into the Department's F.P.P. budget in two
years. In promoting self sufficiency and keeping with the belief that government welfare
should be used to temporarily help families the greatest burden of the E.P.P. program must
be placed on parents; not on the system or taxpayers. This accelerated program is designed
to better include families in the decision making process as well as better meet the children's
need for permanency.
Department of Human Services funding for the Court's expenses connected with
implementing E.P.P. in the Nineteenth Judicial District will not continue for more than two
(2) years after E.P.P. designation.
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III. ELIGIBLE POPULATION:
The goal is to serve forty families in a year. These children will range in ages from 0
through 5 years of age. Criteria for acceptance into the E.P.P. program is as follows:.
A. The case must be new at the start of the program. Projected start is February 1, 1998.
B. The child must initially have been placed outside of their home due to risk of abuse
or neglect in their own home.
C. The child must be in out-of-home placement at the time of the temporary custody
hearing.
IV. FLOW OF EXPEDITED PERMANENCY PLAN (E.P.P.) CASES AND OTHER
RECOMMENDATIONS.
A. Initial intervention will be by the Child Protection Intake Unit. All initial court work,
emergency placement, emergency hearing, etc. will be done as usual by the Child
Protection Intake Unit. This includes set up of the case record and intake paperwork.
B.. Using the statutory requirements, the child is assessed as eligible for the E.P.P.
program by the Intake caseworker, the case will be staffed for placement in the
E.P.P. caseload and court track by the E.P.P. Placement Team.
The E.P.P. Placement Team is composed of a resource or adoption unit caseworker,
two Child Protection Intake supervisors, the Ongoing caseworker, the Child
Protection Intake caseworker who has the case, and the two Ongoing supervisors.
Based on statutory requirements this team will make all the decisions regarding what
cases enter the E.P.P. program.
C. Upon recommendation of the E.P.P. Placement Team, the child or children eligible
for the program will be put into the E.P.P. legal track by the Court. This legal track
will be as follows, with time limits listed being outside or the longest time limits
acceptable in the program. The Court has the discretion to shorten these time limits,
but should not lengthen them except as allowed by statute.
• Temporary custody hearing. Placement into E.P.P. legal track occurs here.
Deadlines for all subsequent hearings should be set at this hearing. The D&N
Case Coordinator will schedule a case conference at this stage.
• Adjudicatory and Disposition Hearing - 60 days after service of the petition.
Except in unusual circumstances an initial treatment plan will be entered here
to allow the respondents to begin treatment as early as possible. An
additional hearing to enter a refined treatment plan may occur within 30 days
after this hearing. A concurrent permanent plan will be entered as part of the
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initial treatment plan at 60 days or revised treatment plan 30 days later.
• Permanency planning hearing within 3 months of the Dispositional hearing.
• Permanent placement by 12 months from original out-of-home placement.
D. Older siblings in the same family as the E.P.P. child will be put into the E.P.P.
program as deemed appropriate by the court.
E. The Ongoing caseworker will begin working the case prior to actual transfer of the
case record in order to expedite the meeting of time limits. The Intake caseworker
will remain responsible for all adjudicatory legal proceedings and Intake paperwork
requirements.
The actual transfer of the record must occur 30 days from acceptance into the E.P.P.
Program. An adoption or resource unit caseworker will complete an adoption social
history beginning with the acceptance of the child into the E.P.P. program. Also,the
resource unit member or adoption caseworker will complete or negotiate with a
private provider to complete a home study or foster care study on all likely
permanent placement resources for the child. The goal of these studies will be not
to screen out, but to screen in permanent placements for these children. The goal
should be placement with a permanent out-of-home provider within three months
from initial placement. All final decisions regarding such recommendations for
suitable placements will be made by the supervisor of the E.P.P. program.
F. Permanency planning staffing conducted by the D&N Case Coordinator will occur
at least 30 days prior to the permanency plan hearing. At a minimum, staffing should
include Ongoing caseworker, Court's Dependency and Neglect Case Coordinator,
resource unit caseworker, or adoption unit staff member, attorneys for all the parties.
The staffing may also include interested members of the parents' or child's treatment
team and the parents if deemed productive to do so by the D&N Case Coordinator
after consultation with all the professionals.
G. In order to support the caseworkers doing E.P.P., the Department recommends hiring
one half-time Case Aide III to assist in visitations, transportation, appointment
making, follow-up with therapists, record keeping, and arrangements for family
group decision making.
H. The Department is requesting training money to assist our staff in effectively
implementing this phase in the project. This money will be spent for training
caseworkers and supervisors in Family Group Decision Making, construction of
concurrent permanency plans, locating and involving relatives in kinship case, and
orientation to expedited permanency planning.
Initial training on Family Group Decision Making will come from our local resource,
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Ackerman and Associates,Inc. The cost will be around$1500 for an all day training
for caseworkers and supervisors. This is at a rate of$90.00 per hour for eight hours
times two trainers. There will be additional money for refreshments and lunch. This
will initially include both ongoing and intake child protection. Training for
concurrent permanency planning for a one day workshop will run approximately
$720.00 for one trainer at$90.00 per hour for eight hours, plus an additional $80.00
for handouts, lunch, and refreshments. It is anticipated that Mr. Bill Showell, an
expert on Family Group Decision Making, will be available to train staff from both
Larimer County Department of Social Services and Weld County Department of
Social Services early in 1998. This Department's share of that cost is anticipated to
be $1,250 for a two-day workshop. Of course, if further training is not needed, the
Department will not draw down the money.
In order to help expedite these cases and to improve efficiency, the Department
recommends using E.P.P. program money for two specific services.
1. The Court wishes to be able to contract with Office of Dispute Resolution
mediators who are experienced and trained in mediating Dependency and
Neglect cases. (See budget page). We anticipate 5.75 hours of mediation per
case at $70.00 per hour. This will be $12,075 per year if we use it for 30
cases (or 75% of 40 cases). Mediation may not be appropriate for all cases
and therefore only money actually utilized will be drawn down. Two reasons
for screening out cases for mediation will be pending criminal action or the
parties are deemed violent. The cases that are appropriate for mediation will
be ordered to participate by the Court at the initial temporary custody
hearing. The actual time and place for the mediation will be coordinated by
the mediator and the ongoing caseworker assigned to the case. The goal will
be to have the mediation occur prior to the adjudication/dispositional hearing.
The purpose will be to expedite legal and treatment issues.
2. The Department recommends allocating monies for the use of one of our
F.P.P. providers to do Family Group Conferences. (See budget page). It is
anticipated that every case in the E.P.P. program will go through Family
Group Decision Making. Therefore,the Department recommends allocating
20 hours of this service, at$75.00 per hour, for all 40 cases. This will be a
total of$60,000 per year. The Family Group Decision Making conference
should take at least by the permanency planning hearing but hopefully prior
to the adjudicatory/dispositional hearing. This will be our foremost tool to
involve extended family members and locate kinship care resources. Since
it requires many hours to set up such a conference, it will require teamwork
of the ongoing caseworker, the resource caseworker, the case aide, and
Ackerman &Associates. These people will locate, contact, and arrange for
family members to be at this conference. It will be important to have some
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background checks and home studies on those relatives willing to enter into
kinship care for the children. These studies may be complete by the time of
the Family Group decision Making conference in order to facilitate placement
if appropriate. The Department anticipates the possibility of having to
contract out some of these home studies. The average would be about one
per case. Therefore, the budget request recommends allocating money at 8
hours per home study, at $90.00 per hour, times 40 cases or $28,800. Of
course,the hourly rate and number of home studies may be less and therefore
we may draw down less. Although all cases will be considered for Family
Group Decision Making, some will not be appropriate. The Department will
recommend to the Court which families would not be appropriate based on
factors such as:
a. Objection by the parents
b. Distance of family members
c. Family members who do not want to be involved with the
Department of Social Services
d. Family members who do not want to be involved until after
termination of parental rights
e. Family members who do not want any involvement with the parents
f. Parties who want to participate beyond their defined roles
The above are not necessarily reasons to exclude the use of Family Group
Decision Making, but could be.
J. Measurable Outcomes and Goals:
This program will not save substantial amounts of money. The group of 0 through
5 years of age is the least costly of all age groups in placement. The savings of
monies may come if these children are placed in non-subsidized placements at no
cost to the Department. Future savings may come if these children require no future
upgrade in placements such as to R.C.C.F. or R.T.C. Also, if the case is closed and
does not come back into the system or require referral to an F.P.P. program in the
future there would be a cost savings. The real value is if these young children can
be quickly returned to their own homes or placed in permanent homes and be free
from abuse and/or neglect. If the cycle of abuse is broken early, the Department and
the Court have done a good job. In the year 2004, the E.P.P. program may be
extended to all placed children 0-6 years of age across the State. This project will
give us experience in managing that mandate.
With this in mind, the suggested goals are:
1. 90% of children will be in permanent placement within one year of initial
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removal.
2. Recidivism rate for children returning home will be less than 10%.
Recidivism is defined as replacement or confirmed new instances of abuse
or neglect.
3. Disruption rate of children placed in alternative permanent placements will
be less than 10%.
4. This program will not result in adoption disruptions.
5. Through separate E.P.P. CWEST Coding to non E.P.P. CWEST coding, the
Weld County Department of Social Services will track:
a. Average E.P.P. expenditure patterns in out-of-home placements and
Family Preservation Program services versus the average
expenditures in non E.P.P. placements and services.
b. An average of E.P.P. duration of placements, i.e., foster care,
subsidized adoptions, and F.P.P. services versus an average non
E.P.P. duration of placements.
C. The Colorado Department of Human Services ACCESS data base and
form will be used for evaluation purposes.
All E.P.P. program expenditures for expert witnesses in court, family
preservation services, evaluations, foster care, mediation, family group
conferencing, home studies by private providers, and permanent placement
services by private providers will be tracked for use in future planning, goal
setting, future legislation, and continuance of the E.P.P. program.
6. A report regarding progress on outcomes of the project will be made to the
Department and the Court quarterly. Such a report will be made semi-
annually to the Chief Judge of the District Court and the Weld County Board
of Commissioners.
V. COMMUNITY INVOLVEMENT:
The District Judge has informed, involved, and received input from members of the Weld
County Child Abuse Coalition regarding E.P.P. This coalition is made up of various
professional and lay people in the community. People from the coalition have received an
orientation regarding Family Group Decision Making.
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The Director of the Weld County Department of Social Services has involved members of
our Placement Alternative Commission regarding the evolution of our proposal for an
Expedited Permanency Planning Program. Therefore the following agencies have been
involved in the process for this proposal: Mental Health, Colorado State Patrol, private
physicians, School District Six, Centennial development Services, Probation, Weld County
Health Department,private attorneys, Weld County Board of Commissioners, Weld County
department of Human Resources, North Colorado Medical Center, Weld County
Departments of Social Services foster parents, Coordinator of the S.B. 94 Committee,as well
as several members of the lay community.
The supervisors,the Director of the Department, and the District Judge have all involved the
casework staff in orientation to Family Group Decision making, mediation in D&N cases,
and Expedited Permanency Planning.
The Department's liaison from the Weld County Board of Commissioners has been involved
in writing this proposal. The Board of County Commissioners will review the proposal
before submittal.
When this proposal is approved, there will be a meeting held for all community human
service providers in February or March of 1998.
VI. RESOURCES
The Department plans on using Ackerman and Associates, Inc. to coordinate Family Group
Decision Making conferences. The process will be as follows:
A. E.P.P. family is referred to Ackerman and Associates for Facilitation of Family
Group Decision Making conference. Ackerman receives all demographic and social
information.
B. A date is set by Ackerman and Associates. A place is arranged by them.
C. At start of case, family is interviewed as to kinship resources by the ongoing
caseworker and/or Ackerman& Associates.
D. Ackerman & Associates collect information from all professionals involved in the
case.
E. Resource unit caseworker, ongoing caseworker, and case aide locate family
members.
F. Ackerman&Associates (coordinator) provide folow-up contact to family members
to ensure preparation for meeting.
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G. Home studies are completed by and/or contracted for by the resource unit for those
family members interested in placement of the children. All reports are provided to
Ackerman& Associates.
H. The Family Group Decision Making conference is held to help solve problems,
address issues, support the parents, and plan for permanency. Ackerman &
Associates assists family in developing written plan. Plan is given to caseworker and
the family members.
I. All of the above is incorporated into the case planning process.
The mediator's part of this project will be through mediators trained in providing their
services in Dependency and Neglect cases. Specific mediators have already been
recommended. One of those recommended has done several D&N cases in Weld County.
The Family Preservation Program resources most likely to be used in this project are as
follows:
A. Island Grove Treatment Center
B. North Range Behavioral Health (Formerly Weld Mental Health Center)
C. Ackerman and Associates
D. Child Advocacy, Resource and Education (C.A.R.E.)
E. Dream Team
Others may be used as needed. Please see attached for description their services.
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BUDGET REQUEST PAGE
FEBRUARY 1, 1998 THROUGH MAY 31, 1998
Department of Social Services' Request
1. Half-time Case Aide III: $ 3,814.20
Cost salary plus benefits
$953.55 per month x 4 months
2. Family Group Decision Making Services: $ 20.250.00
13.50 cases at 20 hours per case
x $75.00 per hour
3. Private Contracting for Home Studies: $ 9,720.00
13.50 cases at 1 contact per case
charged for 8 hours at $90.00 per
hour
4. Training Cost: $ 3,550.00
Includes $1,250 for Bill Showell
in March 1998, $1,500 for Ackerman
and Assoc. n early February 1998,
and $800 for concurrent planning training.
5. Mediation Services $ 4,025.00
10 cases at 5.75 hours per case
at $70.00 per hour
Court's Request:
1. Part-time (.4) Court Magistrate: $ 8,696.00
Cost (salary plus benefits) See attached
Court request
2. Part-time (.4) Court Clerk: $ 3,797.60
Cost(salary plus benefits) See attached
Court request
3. Half-time Dependency and Neglect Coordinator: $ 6,000.00
Cost(salary plus benefits)
$1,500 per month x 4 months
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Total Program Request: $ 59,852.80
Total Department of Social Services Request: $ 41,359.20
Total Court Request: $ 18,493.60
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WELD COUNTY
EXPEDITED PERMANENCY PLANNING FLOW CHART
Initial intervention
1 I
Child Remains Home Child Enters
Emergency Placement
Initial Placement Assessment for Ongoing
Placement Team to include EPP Caseworker,
Intake Supervisors, D&N Case Coordinator,
Ongoing Supervisors, Intake Caseworker who has case.
1 1
Expedited Permanancey Planning Existing Permaencv Planning —
Children 0-6 Years of Age Children 6 and Older
May include Older Siblings
l 1 1 1 1
Kinship Foster Care Foster/Adopt Adoption
Services provided meet concurrent planning model
Both family reunification as well as other options
such as relinquishment/termination of parental rights
EPP Legal Tracking Permanency Planning Staffing — Existing Legal Tracking
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EPP Legal Track: Permanency Planning Staffing: Existing
- temporary custody - 30 days prior to permanency plan hearing Legal
- adjudication and initial desposition - staffing to include EPP caseworker, D&N Tracking
hearing 60 days from service of petition Case Coordinator, Resource caseworker,
- refined treatment plan hearing may occur Adoption Unit Staff member, attorneys
30 days after adjudication - May include other members of the child's
- permanency planning hearings treatment team, i.e. foster parent, therapist
3 months after dispositional hearing i
- permanent placement 12 months from
original out-of-home placement Permanent out-of-home placement
that meets the best interest of the child
Return Home - ongoing foster care
Mediation by -
adoption
Office of Dispute -
guardianship
Resolution
D&N Case
Coordinator
6 month - Annual Review of Placement
by permanency planning teatm
if child is in ongoing foster care
Services Available
- ADAD
- 4A/EA
- Medicaid
- Case Services
- Family Preservation
Program
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NOV-B6-1997 14 22 CDHS CHILD WELFARE 3[:C8664.151 F.J2%06
EXPEDITED PERMANENCY PLANNING DATA
One form consisting of three sections is to be completed for each Expedited Permanency
Planning child. (1) for whom a D&N petition is filed and (2) who remains in out-of-
home placement beyond the temporary custody hearing. Siblings over the age of five are
to be included only f they meet the above criteria and are removed from the home at the
same time as their vounger siblings.
Data is to be collected at three points in time:
Section A: when the case is opened:
Section B: at 12 months from date of initial placement;
Section C: at 24 months from date of initial placement.
Please print and enter all dates numerically by month, day, and year; Er. 06 241996.
Section A
(To be completed within 30 days of case opening. Please update reason(s)for involvement as
additional information is learned)
Al. Child's Name A2. Date of Birth
A3. State TD# A4. Household#
M. Case Open Date A 6. Court Case#
A7. Date of Initial Placement A 8. Caseworker CWEST#
A9. Supervisor CWEST# A10. Please check if this child is
an "older EPP sibling".
All. Was the family receiving TANF? Yes No
A 12.Reason for DSS Involvement(One primary(P)and as many secondary(S)as
apply;update as appropriate)
_L Neglect _7.Parental Incarceration _13.Failure to Thrive
_2.Physical Abuse _8.Drug Exposed Infant _1d. Mental Illness of Parent
3.Seatal Abuse _9.Teen Parent _1S.Previous history of
abuse/neglect by current
_4.Parental Substance Abuse 10.Parental Unavailability caretakers
_S.Domestic Violence _11. Homelessness _16.Other
_6.Parent Child Conflict _12. Death or serious injury
of sibling
Caseworker Signature Date
i
t�i0� a p
NOV-OS-1997 14:22 CuRb CHILD WELFRRE 3x38664191 F,C13/W5
Section B
(/b be completed within 30 days following twelve months from date of initial placement Please note that
this is a two-sided form.)
Bl. Name of Child B2. Original State LD.#
B3. Adoptive State LD# (if applicable)
84. Is this child in a permanent home? Yes No
(If yes, continue with Question BS:If no, skip to Question B10)
BS.Type of Permanent Home (Check one)
_1.Returned to home from which removed _4.Other Homes(also check subset)
Adoption
_2-Returned to(other)parent _Fort-adopt
_Guardianship
_3-Kinship Homes(Also check subset) _Permanent Custody
_Adoption _Long term foster care
_Guardianship _Independent Living
Permanent Custody)
_Long Term foster care _S. Other Specify)
B6.What is the determination of permanency based upon?
Reason(s) Date
_Child returned home(or to other parent)
_Adoption/Guardianship/Permanent Custody Legally Awarded by the Court
_Caretaker and County agreed the placement to be permanent
_Other (Specify)
87.When was the child initially placed in this home? Month_Date Year
88. Was adoption/guardianship/permanent custody awarded by the court within 12
months of original placement? _Yes: Month Date Year
No
/ 2
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NOV-dE-1997 14:22 CDHS CHILD LJELE-iRE 303Neo4191 E.94/LjC
B9. Is the permanent placement funded? YES _NO
(If yes, check finding source(s))
1.TANF
2.Subsidized Adoption(other than Medicaid)
3.Medicaid
_4.Foster Care
_S. Child Care Subsidy
_CCAP
_Special Circumstances Child Care
_6.SSI/SSA
_7.Other public funding
8.No Publie Funds
B10_ If the child is not in a permanent placement at one year of initial placement,
why not? (1dennfy most relevant reason(s)using P for Primary and S for Secondary)
_1.Judicial findings of clear and convincing evidence that reasonable efforts were made to find an
appropriate home and such home is currently not available.
_2_Judicial findings of clear and convincing evidence that the child's mental and/or physical needs
or conditions deem it improbable that the child would have a successful permanent placement
at this time.
_3.Permanent placement disrupted
_4.Delays in ICPC Procedures
S. ICWA Requirements
6. Other
Caseworker Signature Date
3
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980095
14:c:_ LUH_I CHILL LJE._FHHe. iJ Nr-r,-01'=i1 'r'.H5/qtr,
Section C
(To be completed within 30 days following 24 months after initial placement;please note that this is a
two-sided form)
Cl. Name of Child n. Original State LD.#
C3. Adoptive State I.D.# (if applicable)
C4. Is this child in a permanent home?
YES (If child is in same permanent placement as at twelve months,proceed to Question CS only)
NO (Proceed to questions CIO&C 11 only.)
C5. Type of permanent home: (Complete this and remainder of questions oniv ifPermanent
placement occurred withinpasr twelve months.
Type of Permanent Home (Check one)
I. Returned to home from which removed 4.Other Homes (also check subset)
_Adoption
_2.Returued to(other)parent _Fost-adopt
_Guardianship
3_Kinship Homes(Also check subset) Permanent Custody
_Adoption _Long term foster care
_Guardianship _Independent Living
Permanent Custody
_Long Term foster care _5. Other Specify)
C6. Date of placement in this home: Month Day Year
C7. What is the determination of permanency based upon?
Reason(s) Date
I._Child returned home(or to other parent)
L_Adoption/Guardianship/Permaaent Custody Legally Awarded by the Court
3._ Caretaker and County agreed the placement to be permanent
(Er. Traditional foster family and county agrees to foster pareent adoption)
4._Other(Specify)
CS. Has the permanent placement been formally recognized by the court?
_YES Date: Month_ Day_ Year
NO Why not?
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NOW-O6-19S7 14:23 CDHS CHILD WELFARE 30.i8bS41S2 P.O6/O6
C9. Is the permanent placement funded? _YES _NO (If yes, check funding source(s))
_1. TANF
2,Subsidized Adoption(other than Medicaid)
_3.Medicaid
_4.Foster Care
_S.Child Care Subsidy
CCAP
_Special Circumstances Child Care
_6.SSUSSA
_^7. Other public funding
_8.No Public Funds
00. Has a permanent placement disrupted within the last year? No _ Yes
7f yes, check appropriate reason(s))
1. Caretaker's inability to parent
_2.Caretaker's unwillingness to parent
_3. Child's condition/behavior
_4.Parental Interference
S.Parent/child conflict
_6.Substantiated new abuse/neglect
7. Other
Date(s) of disruption(s): Month_ Day_Year ;Month Day_Year_
C11.If the child is not in a permanent home at two years from initial placement,
why not? (Identify most relevant reason(s)using Pfor primary and Sfor Secondary)
_1.Judicial findings of clear and convincing evidence that reasonable efforts were made to find an
appropriate home and such home is currently not available.
_L Judicial findings of clear and convincing evidence that the child's mental and/or physical needs
or conditions deem it improbable that the child would have a successful permanent placement
at this time.
_3.Permanent placement disrupted
_4. Delays in ICPC Procedures
5.ICWA Requirements
6. Other
Caseworker Signature Date
1
5
TOTAL P.136
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CHAMBERS
I
�t+izfxicf Luurf
NINETEENTH JUDICIAL DISTRICT
POST OFFICE BOX C
GREELEY,COLORADO 80632-0138 (303)351-7300
J. ROBERT LOWENBACH EXTENSION 4544
JUDGE
November 6, 1997
Ms. Judy Griego
Director
Weld County Department of Social Services
P.O. Box A
Greeley, CO 80632
Dear Ms. Griego:
Thank you for meeting with Barbara Bosley, Melinda Taylor and myself on October 22,
1997, regarding Expedited Permanency Planning. As a result of that meeting, Melinda
Taylor and Barbara Bosley have prepared the Nineteenth Judicial District's portion of the
EPP proposal. You will find this proposal attached
Also enclosed you will find a memorandum containing Melinda Taylor's notes from our
October 22, 1997 meeting. There are two corrections or additions to those notes that I
would like to make. First, I believe I heard you say that you would seek a designation for
forty cases, not fifty. Second, I would like to make it clear that in order to meet the EPP
goals, we would need a .4 FTE magistrate.
If you have any questions about our proposal or would just like to discuss the process,
please give me a call. I look forward to working with your Department should we be
successful in our proposal.
Sincerely, Gh p
. Robert Lowenbach
Sfion'
EXPEDITED PERMANENCY PLANNING REQUEST
19TH JUDICIAL DISTRICT
5 November 1997
The 19th Judicial District formally requests inclusion in the Expedited Permanency Planning
(hereinafter"EPP") program. As developed in other judicial districts and outlined in the Second Annual
Report to the Joint Budget Committee On Implementation of HB-94-1178, December 20, 1996, this
funding request is based on the funds available in the Family Issues Cash Fund that have been used to
provide EPP resources for local departments of social services, as well as the collaborating district courts
through the Colorado State Judicial Department.
The following sections identify and describe additional resources needed by the 19th Judicial
District if successful implementation of EPP is to occur. The 19th Judicial District has a tradition of
working collaboratively with the Weld County Department of Social Services Both entities, to include
the Director of Social Services and the Family Court District Judge, have had discussions in order to
develop the implementation of an EPP program.
Judicial Time Deadlines Contained in
Expedited Permanency Planning
The recent Supreme Court Directives adopted by Chief Justice Anthony F Vollack have resulted
in modification in the manner that dependency and neglect (D&N) proceedings are conducted. Attached
are copies of Directive 96-08 (Processing of Dependency and Neglect Cases), dated December 2, 1996,
and Directive 96-02 (Guardians ad Litem in D&N Cases), dated January 22, 1996.
The current EPP legislation requires that children under the age of six will "...be placed in a
permanent home no later than twelve months after the original placement out of the home unless the
court determines that a placement in a permanent home is not in the best interests of the child at that
time. " Colorado Revised Statutes Sec. 19-3-703.
The EPP process is intended to accelerate major hearing events such as adjudication, disposition,
permanency planning, and review hearings. Any delays, or continuances in the judicial proceedings are
discouraged. The EPP legislation also sets forth those conditions under which termination of parental
rights should be permitted. In addition, the existing legislation places an increased emphasis on earlier
service provisions for parents and children involved in the EPP process.
EPP Time Frames
Pursuant to statutory guidelines, the following time frames apply to EPP and non-EPP cases:
EPP CASES NON-EPP CASES
Petition to
Adjudication 60 days 90 days
98OO7
•
Adjudication to
Disposition 30 days 45 days
Petition to Perm.
Planning Hr. 12 months (365 days) 18 months (548 days)
1. Temporary Custody Hearing(Emergency Hearing) shall take place within 48 hours of
removal of the child from his/her parents. It is anticipated the following procedures will occur at this
hearing, based on the best interests of the child(ren): Appointment of a guardian ad litem; appointment of
counsel for respondent parents; protective orders; advisement of rights of respondent parents; serve
parents with a copy of the summons and petition, and/or written advisement, if authorized, and approval
of interim treatment plans for parents and/or special respondents.
2. Adjudication shall take place within 60 days after service of the summonsind D&N
petition. The following procedures may be scheduled at adjudication: Hearing on the petition;
dispositional hearing if the petition is sustained; resolution of custody issues; adoption of Family Services
Plans (incorporating treatment plans); and any further protective orders the court find are necessary to
protect the best interests of the child(ren).
3. Dispositional Hearings shall take place within 30 days of adjudication, if disposition did
not occur at the adjudication hearing. Issues may include: Custody; protective supervision; visitation;
treatment plans; and any protective orders the court finds are necessary to protect the best interests of the
child(ren).
4. Permanency Planning Hearings shall occur no later than 90 days after the decree of
disposition. Issues may include: Possibility of returning child(ren) home within 6 months; permanent
plan in the event return home of the child(ren) is not probable; and the initiation of termination of parental
rights proceedings (motion to terminate parental rights is filed), pursuant to relevant statutory criteria.
5. A continuance requested in an EPP case shall not be granted without a finding that
manifest injustice would occur if a continuance was not granted by the court. In addition, a transfer of
venue may occur only in extreme and rare situations;therefore, a change of venue will be virtually
impossible in EPP cases.
19th Judicial District Time Frames
In 1996, Division II of the 19th Judicial District conducted a research study to determine time
frames of the above-listed hearings. The results are as follows:
1. Petition to Adjudication: 64.58 (average); 51 (median).
2. Adjudication to Disposition: 55.26 (average);43 (median).
3. Disposition to Permanency Planning Hearing: 568.5 (average); 444.5 (median).
4. Petition to Termination of Parental Rights Order: 1,082.24 (average); 1,039 (median).
9SO 7
_i cJ rn LSLI' JUL1L1HL UL . 9(0 IU 35SOG1D Y.�1�/b�
This level of delay is not acceptable to the 19°'Judicial District. Efforts have already been taken
to effect a reduction in unnecessary delay, and additional tools will be available once EPP takes effect.
Impact of EPP Implementation On 19th Judicial District
The 19th Judicial District has been extremely proactive in efforts to improve the handling of D&N
cases which impact children of all ages. The efforts of the 19t'Judicial District have included:
• Participation in the Colorado D&N Case manager Pilot Program;
• Participation in the State of Colorado Court.Improvement Project's advisory and implementation
process;
• Participating with the Weld County Child Abuse Coalition;
The 19th Judicial District is supportive of the EPP process for children and with adequate
resources in place would be fully prepared to comply with the mandates of the EPP legislation. The
following changes are anticipated by the 19th Judicial District:
• Contested hearings due to the accelerated permanency requirements will increase. The percentage of
contested hearings is unknown at this time, however.
• Court hearings are expected to be longer in length, especially during ht emergency
Hearing/Advisement hearing. At that time, the parents' rights will be recited, along with discussion
among all parties regarding treatment plans and any protective orders.
• Tracking and analysis of EPP cases will be a priority in order to measure compliance.
• Clerk support for additional magistrate time will increase.
19th Judicial District Funding Request
The 19th Judicial District bases the following funding request on a partial designation to include
approximately 40 EPP cases beginning January 1, 1998.
I. Salary and benefits for a .4 Magistrate, along with staff support. It is anticipated that the two part-
time magistrates may expand their partial FTE assignments to fill the .40 FTE. If that does not occur,
this position will be filled by employees not currently within this judicial district.
.4 FTE Magistrate salary
.4 FTE clerk salary $2 , .00
111,339292.00
2. Salary and benefits for a Dependency&Neglect Case Coordinator. This position is currently filled
by the present Coordinator of A Family Compass.
** TOTAL PRGE.02 **
980095
Salary, to include PERA, Medicare, Disability, Health Insurance $34,800.00
Telephone, telefax 400.00
Office supplies, photocopy charges 300.00
Training and travel -EPP cases 500.00
State Court Administrator's Office Pilot Funding (18,000.00)
SUB-TOTAL $18,000.00
The Coordinator's duties would be refined and reorganized to allow for intense coordination of
EPP cases, numbering at least 40 cases. Specifically,the Coordinator's duties might include the
following:
• Facilitate each and every EPP case, i.e., schedule at least one case conference, to include
caseworkers, attorney, service providers, and parents;
• Follow-up with parties to assure compliance of court orders, including protective orders;
• Compile data on a quarterly basis from ICON database on designated EPP cases;
• Arrange a permanency planning conference at least 60-90 days prior to the permanency planning
hearing;
• Send questionnaire to foster parents and special respondents;
• Meet with parents after the first emergency hearing in order to facilitate completion of"Affidavit of
Parents, Relatives";
• When a case is assigned to mediation, the Coordinator will facilitate the flow of information from the
court to the mediator, and assist in scheduling.
The 19th Judicial District expects to work in a collaborative manner with the Weld County
Department of Social Services to ensure the transition to the EPP process is successful. Please keep us
informed and involved in this process, with any suggestions as to how we may be of assistance.
Thank you very much for your consideration of this proposal. We look forward to continuing our
efforts to ensure permanency for the children of Weld County.
Sincerely,
•
J. Robert Lowenbach
• District Court Judge
19th Judicial District
cc: Honorable William L. West,
Chief Judge, 19th Judicial District;
Mary Bohlender,
District Administrator,
19th Judicial District
2:800C 1.
20'3Oud 0b£Z L£B £0£ 9£:0T 1.6. PO noN
cHrcob,..e;O
•
Office Of The State Court Administrator
Colorado Judicial Department
6revrN 1'. 666.80N 1301 Pennsylvania .4/r.r4rz rut xrnb!nnisrnn rfl< Steve,. Suitt 300
Tleeuur, Colorado 80203.2416
,.... (303) 861-1111
MEMORANDUM
TO: JUDGE LOWENBACH
FROM: MELINDA TAYLOR
SUBJECT: OCTOBER 22ND EPP MEETING
DATE: NOVEMBER 4, 1997
I wanted to provide you with my notes from our meeting with Weld County Department
of Social Services. Please let me know if you would like me to copy the representatives
from Weld County Department and the Commissioner's Board. In addition, I would like
to thank you for the opportunity to spend some time with Yolanda, Abby, and Barbara.
their enthusiasm is contagious)
Based on our meeting, it is my understanding that the following steps have been
identified:
• Proposals for EPP implementation should be submitted within the next two weeks.
Weld County DSS will draft their proposal and the Court will draft a separate
proposal. The proposals will be presented to the Board in mid-November and will
then be forwarded to the Department of Human Services and State Judicial.
• The proposals will be based on a partial implementation of EPP, the group
discussed the unknown effects of managed care and capped allocations and
decided that a partial implementation would be prudent at this time. Partial
implementation is estimated to be approximately 50 families at this time.
Implementation date will be January 1, 1998.
• The Court proposal for Expedited Permanency Planning will contain a request for
funds to match the State Judicial funding for the 19(" Judicial District's Case
Coordinator. This position will become a Court based position with responsibilities
in D&N case coordination with an emphasis on Expedited Permanency Planning
cases. A full description of the case coordinator duties and responsibilities will be
included in the Court's proposal. A draft job description was provided to the group.
The funding requested for such a position is approximately $18,000.
•
SSOtY 5
12/6/96 Distributed to: All Justices, Judges, Senior, dgesir Magistrates,
District Administrators, Chief Probation Officers,
and Clerks
Directive 96-08
SUPREME COURT OF COLORADO
Office of the Chief Justice
DIRECTIVE CONCERNING THE PROCESSING OF DEPENDENCY AND
NEGLECT CASES
The following policies are adopted to improve the timeliness and quality of the
courts' handling of dependency and neglect cases. This Directive specifies the
responsibilities of judicial officers in managing this caseload. These policies are intended
to encourage the early provision of services to children and families and reduce the times
needed for courts to reach all major case events, including, as appropriate, the return
home of children, approval of other permanent plans, and termination of parental rights.
Elements of this Directive affect procedures of departments of social services,
county attorneys, guardians ad litem, respondent parents' counsel, and service providers.
Therefore, each district is to work collaboratively with representatives of those groups to
develop procedures to implement these policies. Districts are to meet with these
individuals and have a plan in place by January 31, 1997.
I. Early Development of Case Plans.
a. Each district shall collaborate with the local department of social services to
develop mechanisms to have interim treatment plans available 30 days after
the child's removal or the filing of the petition, whichever is earlier. To the
extent possible, interim treatment plan formats should be based on the revised
discrete plan formats to be introduced statewide in early 1997.
b. Each district shall develop procedures to appoint a guardian ad litem in all
cases prior to the first hearing in any case. Guardians ad litem shall participate
in shelter care hearings whenever possible.
c. Respondent parents should be ordered at the first hearing conducted in the
case to provide the court and agency with the names and addresses of non-
custodial parents and other relatives in order to expedite notice to absent
parents and to permit departments of social services to conduct a relative
placement study within 30 days of the shelter hearing whenever possible.
2. Expediting the Timing of Adjudication and Disposition Hearings.
a. Each district shall collaborate with local departments of social services, county
attorneys, guardians ad litem, and respondent parents' counsel, to develop
procedures to ensure that petitions are filed at the first hearing conducted in all
280Qn5
or most actions. When the petition is available at the first hearing, the court
shall conduct the advisement at that hearing.
b. Each district shall collaborate with their local departments of social services.
county attorneys, guardians ad [item, and respondent parents' attorneys to
develop procedures to facilitate case disposition on the same day as
adjudication.
c. If disposition does not occur at the same time as adjudication, then it should
take place within 30 days.
3. Hearings and Reports.
a. Courts shall employ case management techniques designed to allow an early
determination of the issues that will require the presentation of evidence at the
hearing or trial.
b. Courts shall require guardians ad (item to appear at all hearings and report
orally on the status of the case. If the guardian ad litem has good cause not to
appear, the court shall require the guardian to file and serve on counsel for the
agency and parents a written report, in lieu of appearance, at least five days in
advance of the hearing. Sanctions may be imposed when the report is not filed
and served as required.
c. Courts shall require reports from departments of social services to be filed and
served at least five days in advance of hearings. Sanctions may be imposed
when the report is not filed and served as required.
d. Courts shall encourage departments of social services to use the new
combined Discrete Case Plan/Court Treatment Plan formats for court reports.
The new formats will be distributed by the Department of Human Services in
the near future with a requirement that the new formats be used statewide after
April 1, 1997.
4. Continuances
Continuances will be granted by a Judicial Officer only upon a finding that a
manifest injustice would occur in the absence of a continuance.
5. Reports.
Each district shall provide to the State Court Administrator a report of its
progress in implementing the elements of this Directive six months from the
date of the issuance of the Directive. For any element not implemented, an
explanation of the reasons for not adopting the procedure as well as a
-2-
9F,OO73
description of any alternative proced - - .i . . ed shall beded in the
report.
Signed this�7( day of Dec:tuber, 1996 ,
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Directive 96-02
SUPREME COURT OF COLORADO
Office of the Chief Justice
DIRECTIVE CONCERNING GUARDIANS AD LITEM
IN CASES UNDER TITLE 19 OF THE COLORADO REVISED STATUTES
The following policy is adopted, effective Febivary I, 1996, to enhance the representation of
children by state paid guardians ad litem appointed under Title 19 of the Colorado Revised Statues.
This directive specifies the duties of the guardian ad hem, the oversight responsibilities of the
appointing judicial officer, compliance reporting procedures, and sanctions for failure to comply with
the provisions of this order. This directive does not prohibit judicial officers from requiring guardians
ad them to perform additional duties when warranted by the circumstances of specific cases.
Pursuant to Sections 19-3-203(1) and 19-1-111(1), 8B C.R.S. (1986), the court is required to
appoint a guardian ad them in cases alleging abuse or neglect of a child. The guardian ad [item
represents the best interests of the child and has the responsibility to ensure that the child is protected
from harm and is placed in a stable environment. Section 19-3-203(3) requires the guardian ad them to
perform necessary investigations; make recommendations to the court; and, if in the best interests of
the child, assure that reasonable efforts are made to prevent unnecessary placement of the child out of
the home and facilitate reunification of the child with the child's family Under this section, the guardian
ad !item is required to talk with and observe the child, examine and cross-examine witnesses, introduce
witnesses, file appeals, and participate in the proceedings to the degree necessary to adequately
represent the child.
In addition, section 19-1-111(2) provides for the appointment of a guardian ad !item in delinquency
proceedings under certain conditions such as non-appearance of parents, guardian, or legal custodian, or
when there appears to be a conflict between the parents and the child.
Duties of the Guardian Ad Litem. In order to meet these statutory requirements, the guardian ad
litem has, at a minimum, the following duties:
1. Attend all court hearings and provide accurate and current information directly to the court.
2. Conduct an independent investigation in a timely manner which shall include, at a minimum
a) Personally meeting with and observing the child at home or in placement;
b) Personally interviewing the child, Wage appropriate, and the parents;
c) Reviewing court files and relevant reports;
d) Interviewing other people involved in the child's life; and
e) When permissible, visiting the home from which the child was removed.
Duties (d) and (e) may be performed, under the supervision of the guardian ad them, by a
qualified person.
3. Continue to perform duties (a) through(e) as necessary to represent the best interests of the
child for the duration of the case.
4. Complete 10 hours per reporting period of continuing legal education courses or other
courses on issues relevant to children, such as child development, family dynamics, sexual abuse,
mental health, domestic violence, substance abuse, and neglect.
9800x5
... .. ._.
Judicial Officer Responsibility. Judicial officers who preside over Juvenile cases shall ensure that
guardians ad (item involved with cases under their jurisdiction are representing the best interests of
children and performing the duties specified in this order. In providing this oversight judicial officers
shall:
I Routinely monitor compliance with this Directive.
2. Encourage local bar associations to develop and implement mentor programs which will enable
prospective guardians ad them to learn this area of the law.
3 Encourage local bar associations to establish guardian ad litem oversight committees.
4. Meet with guardians ad litem at the first appointment to provide guidance and clarify the
expectations of the court.
5. Hold periodic meetings with all practicing guardians ad litem as the court deems necessary to
ensure adequate representation of children.
Compliance Reporting Procedures. Annually, all guardians ad litem appointed under Title 19 of the
Colorado Revised Statutes shall submit a compliance report to the presiding juvenile judge or, absent a
presiding juvenile judge, the chiefjudge. Copies of the report submitted by contract guardians ad litme
shall be forwarded to the Office of the State Court Administrator. A Compliance Report form shall be
prepared by the Office of the State Court Administrator and made available to all guardians ad (item.
Complaints. All complaints regarding the performance of guardians ad litem shall be submitted to and
reviewed by the presiding juvenile judge or, absent a presiding juvenile judge, the chiefjudge Copies of
complaints regarding contract guardians ad litem shall be forwarded by the presiding juvenile or chief
judge to the Office of the State Court Administrator. Upon request by the presiding juvenile or chief
judge, the State Court Administrator will conduct a review of the guardian ad (item which may include
interviews with pertinent parties, court observation, review of attorney records and court file reviews
Complaints regarding hourly court appointed guardians ad (item shall be submitted to and
reviewed by the presiding juvenile judge or, absent a presiding juvenile judge, the chief judge. Upon
request by a presiding juvenile or chief judge, the Office of the State Court Administrator will conduct a
review as described above.
Sanctions.
Contracts
All contracts for guardians ad (item shall include a provision to ensure compliance with this Chief
Justice Directive. Failure to comply may result in termination of the contract
Hourly Appointments
Judicial officers shall notify guardians ad (item who are appointed on an hourly basis that
acceptance of the appointment requires compliance with this I' : " :—yr;,, e to corn. •.. result in
termination of the current appointment and removal . . the a.•ointment .
Signed this day of January, �996/
/ i ,,, ••lc, Chief Justice
2800?"5
res t Le.
DEPARTMENT OF SOCIAL SERVICES
P.O. BOX A
GREELEY, COLORADO 80632
Administration and Public Assistance (970) 352-1551
gime
Child Support(970) 352-6933
Se
rvices and Youth (970) 352-1923
Food Stamps (970) 356-3850
COLORADO Fax (970) 353-5215
MEMORANDUM
TO: Constance L. Harbert, Chair Date: January 16, 1998
Board of Weld County Commissioners
FR: Judy A. Griego, Director, Social Services ( !f/r
RE: Weld County Expedited Permanency P1 mg Ph se-in Plan
Enclosed for Board approval is the weld County Expedited Permanency Planning Phase-in Plan to
be submitted to the Colorado Department of Human Services for approval and funding. The Weld
County Department of Social Services developed the Expedited Permanency Planning Phase-in Plan
with the assistance of the Nineteenth Judicial District.
The major provisions of the plan are as follows:
1. The term of the plan is from February 1, 1998 through May 31, 1998.
2. The budget request for 100% Federal and State funding is as follows:
From February 1, 1998, through May 31, 1998, the budget request is $41,359.20 for the
Weld County Department of Social Services and $18,493.60 for the Nineteenth Judicial
District. The total budget request for this period is $59,852.80.
3. At the conclusion of the two-year phase-in period, the Weld County Department of Social
Services and the Nineteenth Judicial District will assume full financial responsibility for its
staff and program activities outlined and designated by the Department or the Court in the
plan.
If you have any questions, please telephone me at extension 6200.
SF8•OO'°
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