Judge Sheri Roberts, Juvenile Court Newton County

November 15, 2011 GA CASA Conference

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Timeline of Events Description of Project View from the Bench Recommendations that came from the Project Where we go from here Questions & Answers

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The Committee on Justice

for Children

Scientific Definition: Children most likely to negatively impact state

conformity with CFSR Permanency Composite 3

Practical Definition: Children most likely to “age-out” without

permanency.

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  Permanency Composite 3:  Achieving permanency for children in foster care for long periods of time Measure C3 - 1: Exits to permanency prior to 18th birthday for children in care for 24 + months: Of all children in foster care for 24 months or longer on the first day of the year shown, what percent was discharged to a permanent home prior to their 18th birthday and by the end of the fiscal year? A permanent home is defined as having a discharge reason of adoption, guardianship, or reunification (including living with relative).

Measure C3 - 2: Exits to permanency for children with TPR: Of all children who were discharged from foster care in the year shown, and who were legally free for adoption at the time of discharge (i.e., there was a parental rights termination date reported to AFCARS for both mother and father), what percent was discharged to a permanent home prior to their 18th birthday? A permanent home is defined as having a discharge reason of adoption, guardianship, or reunification (including living with relative)

Measure C3 - 3: Children Emancipated Who Were in Foster Care for 3 Years or More: What percent of children were in care for 3 years or longer who either: 1) exited foster care in the year shown with a discharge reason of emancipation or 2) reached their 18th birthday while in foster care but had not discharged?

Recipe Cold Cases

Ingredients 89 data elements from

AFCARS Foster Care file

Final Product Tastes about 90% good!

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APPLA is one of the permissible permanency goals under the Adoption & Safe Families Act of 1997.

A child may have a permanency goal of APPLA, but only when the State agency has documented to the court a compelling reason for determining that it would not be in the best interest of the child to follow one of the other four specified options. ▪ 45 CFR § 1355.20(v)

State must consider all other options permanency options first, and even then, must document a compelling reason for any alternate plan:▪ 45 CFR § 1355.21(h)(3)

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Examples of a compelling reason may include:

The case of an older teen who specifically requests that emancipation be established as his/her permanency plan;

The case of a parent & child who have a significant bond, but parent is unable to care for the child b/c of an emotional or physical disability and the child’s foster parents have committed to raising him/her to the age of majority and to facilitate visitation with the disabled parent

▪ 45 CFR § 1355.21(h)(3)(i)-(ii)

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SSM § 1006.8: Two Options for APPLA

Long-Term Foster CareSigned, Informal Agreement by SubstituteCaregiver and Child

EmancipationBasically Same as Above, but Nobody to Sign Long-Term Foster Care Agreement

Policy recognizes neither option is really permanency, and cautions against adopting as permanency plan for any child.

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DHS Practice Bulletin: Permanency For Children: APPLA. January 2009

Generally Appropriate for some older youth, age 16 or older.

Insists compelling reasons “be convincingand forceful. [They] must be supported with very strong, case-specific facts and evidence which includes justification for the decisions and reasons why all other permanent options for a child are not reasonable, appropriate, or possible.”

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Policy Title: Establishing the Goal of APPLAD.C. CFSA, June 25, 2009

Child at least 16, with concurrent plan to identify adults who will commit to youthafter time in foster care ends

Youth must reconsider permanency options 6 weeks before every permanency hearing.

APPLA goal shall be constantly examined and revisited at all relevant team meetings and reviews – never considered fixed or immutable.

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VA DSS, Volume VII, § 3B - 7.6 thru 7.7

The selection of APPLA is appropriate only if the child has a severe chronic emotional, physical, or neurological disabling condition for which the child requires long-term residential treatment ofsix months or longer.”

But allows APPLA for older youth preparing to transition to ILP when all other goals are have been considered and ruled out.

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Diligent Search must be a priority Limit use of APPLA Involve children in plans/connections Improve ILP services, need consistency Meaningful representation Improve judicial oversight Reduce adoption dissolution Prosecute sexual abuse Increase access to reproductive health

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State Representative Oliver introduced House Bill 23 in January 2011 to provide transparency and oversight in the administration of psychotropic meds by DFCS.

Partnership between Casey Family Programs, Barton Center at Emory University, DFCS, J4C for independent oversight by local child psychiatrist.

Karen Worthington researched and published paper on the issue. PDF available here:www.gajusticeforchildren.org

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Online Videos:

Pat O’Brien, You Gotta Believe!www.law.emory.edu/centers-clinics/barton-child-law-policy-center/presentations.html

Sue Badeau, Casey Family Programs www.gajusticeforchildren.org

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