2012 Child Welfare Legislative Update

Ann Ahlstromann.ahlstrom@courts.state.mn.us

651-297-1114

Legislative Process

Themes of Child Welfare Legislation

• Implementing federal requirements, including Fostering Connections guidance

• Implementing in state law, practices that are evidence-based and that work to achieve timely permanency for children including:– Strong family engagement and involvement from

the beginning– Concurrent permanency planning

Themes of Child Welfare Legislation

• Redesigning adoption process for children under state guardianship– Simplifying bureaucratic processes– Streamlining legal process– Making sure decision-makers who know and have

been involved with the child and family decide major issues

Federal Requirements

• CAPTA requirements for addressing two case types:– Parent has committed sexual abuse under section

626.556, subd. 2 against the child or another child of the parent

– Parent has committed an offense that requires registrations as a predatory offender under section 243.166, subd 1b, (a) or (b)

• Add fetal alcohol spectrum disorder to MMRA

Fostering Connections• Clarifications to policy for “children” in foster care

past age 18:– Requirements apply to 260D children (except

developmentally disabled who will be served in adult services)

– Requirements for health care directive and copies of consumer credit reports for older youth and children transitioning

• Strengthens requirements related to meeting child’s physical and mental health needs and to addressing educational stability and planning

Technical, but important

• Consistent terminology for “assessment” and “investigation” under MMRA

• No determination of made when alleged perpetrator is under age 10

• Birth match defined in MMRA

Timely Permanency

• “Reasonable efforts to finalize permanent plan for child” is required finding at appropriate points after EPC hearing, whenever child is removed from parent

• Strong family engagement from the beginning– Both parents of the child– Comprehensive relative search and engagement– Quality assessments and services from the

beginning

Timely Permanency

• Strengthens concurrent permanency planning– Consider relative placement from as soon as

possible and plan for both contingencies:• Reunification; and• Permanent placement away from parent is new legal

home

– Planning for permanent placement away from home begins not later than 6 months

• Requires 6 month permanency progress review hearing for ALL children

Timely Permanency

• New requirement for appropriate permanency planning for children in foster care included in 260C.001 including:– Unless reunification is not required, developing a

permanency plan for the child that includes:• primary plan for reunification; and • secondary plan for an alternative, legally permanent

home for the child if child cannot go home

– Identifying both parents of the child and offering services to both parents of the child

Timely Permanency – general requirements from 260C.001

– Conducting relative search;– Making a placement with a family that will

commit to being the legally permanent home for the child in the event reunification cannot occur;

– Returning the child home with supports and services, as soon as return is safe, or when safe return cannot be timely achieved, moving to finalize another legally permanent home for the child

Timely Permanency

• Permanency proceedings put in more legally logical and sequential place in chapter 260C with some changes to policy

• When child cannot return home, adoption is preferred permanency option

• Strong disfavor of children remaining in foster care continues

Timely Permanency

• Adoptions of children under state guardianship governed by new provisions in chapter 260C that include:– Definition of “reasonable efforts to finalize

adoption” – Court review requirements for children under

guardianship to move to timely adoption

• Some efforts toward adoption should begin as early as 6 months of foster care

Strong Family Engagement and Involvement from the Beginning

• Parents:– Assessments and evaluations can be ordered at

the EPC in order to support development of the OHPP

– Court review of efforts to engage both parents from the beginning

Strong Family Engagement

Relative search, engagement and noticeSequential Listing: •Row 2 – includes relative search in general requirements for permanency planning•Rows 21 and 22

Court Review of Relative Search and Engagement:

Sequential Listing:•Rows 13 and 17 -- review of relative search efforts at 90 days and requirement for findings; existing requirement at 6 months modified to 3 months•Row 16 -- court finding at CHIPS disposition new requirement for written findings about relative search and engagement as part of reasonable efforts to finalize permanency plan for child•Row 18 – 6 month hearing: review of agency’s efforts to implement plan B home; notice to relatives; relative can ask for placement consideration•Row 49 – revisit relative search during guardianship ship reviews, if needed•Row 50 -- notice of review of guardianship hearings; relative visitation/contact

Foster Care for Children Past Age 18

Sequential Listing:•Row 3 -- definition of child•Row 15 – jurisdiction•Row 27 – voluntary agreements•Row 36 – substantive requirements

Permanency Proceedings: Policy Changes

• By pass case procedures moved up front• Adoption is preferred permanency option for

children who cannot return home• When permanent legal and physical custody is

ordered to relative:– May not return child to parent without court approval– Another party (besides the agency) may petition for

custody to relative, but there are new time restrictions

Permanency Proceedings: Policy Changes

• Review is required if child returns to foster care after permanency disposition is ordered

• Modifying an order for permanent legal and physical custody to relative take place in juvenile court

• Term LTFC removed – new term, permanent custody to agency

• Term FCSTP removed – new term, temporary custody continued to agency

Permanency Proceedings

Sequential Listing:•Rows 37 – 46

Adoption of Children under State Guardianship: Policy Changes

• Adoption is priority permanency decisions for children who cannot return home

• Significant statutory definition of RE to finalize adoption

• Reviews required every 90 days• No LTFC for children under guardianship, but

frequency of reviews may be reduced to 6 months

Adoption of Children under State Guardianship: Policy Changes

• Agency has exclusive authority to make adoptive placement, but court may order agency to do so after notice of motion and motion

• Court agrees to sibling separation, but only after notice and hearing

• Process for contact agreements set out• Agency may file adoption petition on behalf of

adopting parent

Adoption of Children under State Guardianship: Policy Changes

• Adopting parent does not have to be Minnesota resident

• Timeline for filing adoption petition is 9 months from APA

• Commissioner does not consent to adoption, but must execute APA

• Petition is captioned in legal birth name of child• Venue for adoption is in guardianship court, but can

be transferred for convenience and to expedite finalization

Adoption of Children under State Guardianship

Sequential Listing:•Row 2 – integrated in Juvenile Court Act•Row 11 -- adoptions are closed•Row 14 – deletes reference to county attorney not presenting evidence in adoptions•Rows 47 to 65 -- sequential process for guardianship reviews and finalizing adoption

Miscellaneous

• Records retention for children to age 21• Safe Place for Newborns – expansion to include

ambulance• Parents arrested – disposition of child when

child’s safety is not “at risk”