Permanency Planning in Juvenile Court
The options GALs have in finding a safe, permanent home for our kids
Permanency Defined
Permanency is a positive, nurturing relationship with at least one adult that is characterized by mutual commitment and is legally secure.
A primary goal of the GAL is to advocate for a safe, permanent home as soon as possible.
Permanent Plans of Care
Reunification Termination of Parental Rights and Adoption Guardianship with a relative or CACT Custody with a relative or CACT
Statistics
Plan AchievedNorth
Carolina
Davidson and Davie
N=128 (2009)
Reunification 41% 30%
Adoption 21.5% 32%
Guardianship 15% 31%
Custody 13.5% 3%
Aged Out 9% 4%
Option #1: Reunification
Reunification example Our default permanency plan Steps for reunification
– Parents must comply with orders of the court– Parents must remedy problems in petition– Parents must address other GAL concerns– Visitation progression; trial placement
Financial impact– None guaranteed– May qualify for federal and state aid (Medicaid, WIC, Work First, etc.)
Reunification Continued:
When to consider reunification– Our default plan– When the parent(s) are willing and able to provide– When we’ve observed visits and seen a bond– When the child tells us they want to reunify
Questions to ask for best interest– How will reunification affect the child?– Would DSS remove the child today?– Have services been put in place to prevent relapse?– Are we recommending reunification just because everyone else is?
When is reunification not appropriate?
Option #2: TPR and Adoption
TPR and adoption example
Steps for TPR and adoption– Plan changes/TPR petition is filed– Adjudication and Disposition of TPR petition
Must find that TPR is in the best interest of the child Child must understand what adoption is
– Parents have chance to appeal– Adoption committee approves adoptive home– Adoption papers are filed with Clerk of Courts, decree entered
Financial Impact– Adoption assistance – Loss of therapeutic fostering money
TPR and Adoption Continued:
Questions to ask when considering TPR:– Do legal grounds exist?– Have all relative placements been exhausted?– Is the child in an adoptive placement?– Are there indicators that the adoptive placement could fail?– Have the parents been asked to relinquish their rights?– Does the child understand what adoption means?– Does the child want to be adopted?– Will the child impede TPR/adoption if they’re 12 or older?
Termination into legal limbo– What can we do for this child?
When is it not appropriate?
Option #3: Guardianship
Guardianship example
Why guardianship?– Family wishes– Speed to permanency– Not severing ties to family
Steps for guardianship– Plan changed, DSS relieved of efforts with parents– Potential guardian agrees to guardianship– Court reviews case until child has been in placement for one year– Visitation schedule left in place
Financial impact– No assistance in 22B (yet) for guardianship– May be eligible for Medicaid, WIC, Work First, etc.
Guardianship Continued:
Questions to ask before Guardianship:– Relationship between parents and guardians?– Is the guardian able to provide until 18?– Will there be any family losses due to guardianship?– Do the parents’ problems exist in the family too?– Does the child want to remain with a relative?– Has visitation been discussed?
When is it not appropriate?
GAL conversations with potential guardians– Discuss their concerns and question about guardianship with the
guardians before recommending it – Make sure they understand the legal ramifications
Option #4: Custody
Custody example
Steps for custody– Similar to guardianship
Financial impact– Similar to guardianship
Custody Continued:
When is it appropriate?
When should we not consider it an option?
Reviewing the case
Activity
Scenario #1: Custody
Scenario #2: TPR and Adoption
Scenario #3: Guardianship
Scenario #4: Reunification
Concurrent Planning
Allows to explore other plans
Can be implemented any time
Respects child’s sense of time
Timelines and Barriers to Permanency
Adoption and Safe Families Act says one year to permanency
Many hearings have mandated time periods, unfortunately each is subject to continuances
Why are cases continued? What can we do to avoid continuances or minimize the time
between continued hearings?
APPLA: What Can We Do?
Another Planned Permanent Living Arrangement
Seldom will advocate for this plan
Children who are aging out of the system
What can we do?
Wrap Up
Remember the Judge makes the plan Talk to the parents Use concurrent plans; justify your
recommendation Think about permanency options from the
start Listen to your children
Questions and Comments