In addition to my labor and employment mediation/arbitration work, I am also a New Mexico domestic relations mediator and child protection worker (CASA and GAL), In a previous blog, I outlined the general process by which children believed to be abused or neglected are brought into and processed through "the system." In this follow up blog, I'll address specific details that crop up between intake and placement.
Bernalillo is the largest county in New Mexico and, not surprisingly, has the largest number of kids in custody. In 2010, it had 27.28% of all New Mexican kids in custody. Although Bernalillo has the largest case load and is, like all other government's these days, strapped for funding, it does well with its resources it has. For instance, in 2010, 85.82% of Bernalillo cases had two or fewer placements; the corresponding figure for N.M. was 88.9%. Similarly, 64.3% of Bernalillo children in custody are reunified in less than 12 month; the corresponding figure statewide is 70.8%. So, although the County has some work to do, it is arguably holding its own in these difficult times.
In the last blog, I discussed the intake procedure in fair detail. One interesting quirk not discussed what that all cases are consolidated and alternately assigned between the East and West CYFD offices (San Mateo and Lamberton respectively). this is done to ensure equal case load between the two offices.
After intake, including often a 24 or 48-hour emergency hold, there will be a formal transfer of custody at the 10 day custody hearing. At custody, which is usually sustained, the parties are often referred to mediation. However, mediation can be ordered at any time and is especially utilized pre-adjudication and for pre- open adoption.
Based on the facts that brought the children into custody, a treatment plan will be crafted. The treatment plan seeks to address all facts and circumstances that brought the kids into custody, and that are needed to keep the kids safe and/or enable their safe return. An initial treatment plan will be presented to the Court at the custody hearing, and the hearing officer will order it into effect. It may thereafter be modified based on what is learned in court ordered testing, see below, and/or the parties' performance under the initial plan.
At some point shortly after transfer of custody, the parties will undergo a battery of evaluations and assessments. These are generally ordered by the Court at the custody hearing based on the initial treatment plan, but may be added at a later date as needed. A psycho-social evaluation, which review the upbringing, education and other background of the parent, is generally required, as is a psychological and/or psychiatric evaluations. Drug/alcohol abuse and/or domestic violence assessments will also be ordered if warranted under the facts by which the child(ren) came into custody. Increasingly, respondent attorneys are seeking and obtaining immunity orders to ensure that statements made in the course of court ordered evaluation and./or assessment are not used against them in any subsequent adjudication.
This general process, and any specific requirements, will be laid out for the parents in the "Parent Orientation Packet." This is provided early in the initial intake process, and includes: relevant timelines for court dates, etc.; releases of information for signature; contact and office numbers/addresses; an explanation of the urinalysis procedure; a summary of the proposed or initial treatment plan; and a calendar.
Depending on the case, a "CART examination" (child abuse response team) may be required. This is determined by the doctors and medical providers at the emergency room. A CART examination includes fully body x-rays, blood work, etc. A CART examination will not be requested, however, if the ER records are sufficient to establish the nature and extent of injury.
Another big component of "the process," is parent-child engagement, or visitation. Generally there will be family visitation two times a week, and should include communication, board games or activities, and snacks or meals. Sometimes visitation will be conducted as part of the therapeutic system, such as therapeutic visitation observed and guided by a therapist, or hands-on parenting-counselor such as with PB&J. There are also "ice breaker visits" at the start of custody and in transition to reunification. In an initial icebreaker visit, the biological parent is invited to a meeting with the foster parents, or a treatment team with treatment foster care, so the foster parents can learn more information about the kids. This also helps to humanize the foster parents for the bio parents. At the end, an ice breaker meeting may e held in reverse process, for the foster parents to tell the bio parents the new habits, and likes.
Visitation may also be arranged with extended family, in person one time a month, or through the regular exchange of books read on tape, letters, gifts, etc. CYFD is also exploring the use of SKYPE for long distance extended family visitation.
Eventually, and on a fairly tight deadline under federal law, some sort of permanent placement is expected, within 12-18 months. Resolution of a case can come in several forms, and here is the descending order of placement.
1. Reunification. Note, however, that this is not preferred in where there are aggravated circumstances.
2. Adoption. Note, however, that the Agency utilizes "concurrent placement" for children who are 0-3 and siblings.
3. PPLA, or permanent planned living arrangements. This is not independent living but it is for youths who are 14 years or older of age. Once they are placed on PPLA, the youths have 90 days to figure out what they want to do, such as if they want to stay in the court's jurisdiction.
4. PWFWR, or placement with a fit and willing relative.
5. Permanent guardianship. This is now the only guardianship option; there is no longer a subsidized or "EIV waiver" guardianship.
The federal Adoption and Safe Families Act (ASFA) requires reunification or change of plan to adoption after 15 from adjudication (or 17 months into state custody), with a maximum of 22 months in state custody. The first permanency hearing or "first perm" will be a real changing point, where the the Department must either produce a transition plan for reunification, or request a change of plan to adoption. A change of plan to adoption will only be granted upon clear and convincing, evidence of compelling reasons why the children cannot be safely reunited.
As part of the pre-adoption process, a new "pre-adopt" social worker will be assigned. The pre-adopt worker finds placement "resources" or homes for the child after the plan has been changed from reunification to adoption. This worker also helps to prepare the child emotionally for adoption; locates necessary records; finds the right family for the child; and writes up disclosure information to the adoptive family.
Once an "adoptive resource," e.g. home, is identified, the Department researches legal risk; best interest placement (BIP); disclosure requirements; transition plan; and adoption subsidies. There are usually two types of families: foster conversion or relative placement. The disclosure statement addresses legal risks, and there are two types of disclosure: regular foster care disclosure, and treatment foster care or level 2 tier disclosure. Once adoption is offered and accepted, the Department will not accept an answer for 72 hours. Thereafter, transition will usually take 2-3 weeks.
As mentioned above, there are fewer and fewer EIV adoption subsidies today--this is because any new EIV waivers are based on 1996 poverty levels. The average level of adoption subsidy being negotiated today for Level 1 adoption is $400-480/month as compared to, for instance, $2,000/month for treatment foster care. Additionally, the federal government is tightening guidelines for such subsidies, so it is expected that negotiations will get tougher and amounts smaller over time.
If the child is 18 years old, he or she will age out of the system, but the child may still work an independent living plan. Under this plan, the child can receive monthly money, schooling/tuition assistance, help obtaining medicaid, and continued support of an assigned social workers.
If you are interested in child-related mediation or GAL (guardian ad litem) services, please contact Pilar Vaile, P.C. at (505) 247-0802, or info@pilarvailepc.com.
Source:9/2711 CYFD training hosted by the Bernalillo County CASA Offices.
