Title of Presentation

Title of Presentation

Module 4 Court Proceedings and Staffings Agenda 4.1 Taking Court Action 4.2 Staffings Pre-Service CM Specialty Module 4.0.2 Unit 4.1 Taking Court Action

Pre-Service CM Specialty Module 4.1.1 Learning Objectives 1. Determine when court involvement should be initiated. 2. Identify requirements for reasonable efforts. 3. Explain the four different types of evidence and the standards of proof in judicial dependency cases. 4. Identify and review dependency court proceedings and petitions. Pre-Service CM Specialty Module 4.1.2

What authority does the court have? Pre-Service CM Specialty Module 4.1.3 Types of Evidence Direct Evidence Eyewitness account of an event

Circumstantial Evidence Judge may deduce a certain fact from other proven facts Demonstrative Evidence Things or objects Expert Testimony

Pre-Service CM Specialty Module 4.1.4 Presented by someone with relevant, specialized knowledge/experience Standards of Proof Probable Cause Pre-Service CM Specialty Module 4.1.5 Preponderance

of the Evidence Clear & Convincing Evidence Reasonable Efforts Identifying dangers to the child, and the family problems precipitating those dangers. Selecting services specifically relevant to the family's problems and needs. Diligently arranging services. Providing appropriate services on a timely basis.

Ensuring paternity is established as early e as possible. Pre-Service CM Specialty Module 4.1.6 Pre-Service CM Specialty Module 4.1.7 Pre-Service CM Specialty Module 4.1.8 Florida Law requires a Diligent Search Whether the mother was married at the time of conception or birth. Whether the mother was living with a male at the time of conception.

Whether the mother has received payments of support. Whether the mother has named any man the father of the child. Whether any man has claimed paternity. Pre-Service CM Specialty Module 4.1.9 Pre-Service CM Specialty Module 4.1.10 Activity A: Diligent Search Instructions: 1. Read the Diligent Search scenario. 2. In small groups, answer the following

questions: Why do you think attempts were not made to locate the father? When should the search have been initiated? What kind of documentation seems to have been missing? How would you feel if you were responsible for

the situation? What might have been done to avoid the problem? Why is the diligent search a crucial task? 3. Be prepared to share with the class. Pre-Service CM Specialty Module 4.1.11 Pre-Service CM Specialty Module 4.1.12 Pre-Service CM Specialty Module

4.1.13 Dependency Case Flowchart Petitions Hearings Timeframes Pre-Service CM Specialty Module 4.1.14 Shelter Petition Requirements Filed prior to shelter hearing. Provided to parents and

parties prior to hearing. Prior to 24-hours after removal. Background check and home study for any non-licensed placement. Pre-Service CM Specialty Module 4.1.15 Pre-Service CM Specialty Module 4.1.16 Shelter Hearing

Within 24-hours after removal. Establish probable cause for the removal and if so identify who the child should be sheltered with. Appoints counsel for parents. Appoints GAL for child. Identifies absent parent/family members. Explains proceedings to parents. Establishes supportive atmosphere. Pre-Service CM Specialty Module 4.1.17 Shelter Hearing:

Findings Required Reason placement in shelter is necessary. Request for additional time. 20 Pre-Service CM Specialty Module 4.1.18 Reason the removal

from the home is necessary. Reasonable efforts. Shelter Hearing Considerations Pre-Service CM Specialty Module 4.1.19 Case Managers Role During and After the Shelter Hearing New Case

Existing Case Participate in case transfer Attend court to present conference. findings and support Assume full ongoing safety probable cause. and case management Inform the court of responsibility. reasonable efforts. Obtain and review a copy Obtain and review a

of the court order. copy of the court order. Follow all court orders. Follow all court orders. Pre-Service CM Specialty Module 4.1.20 Dependent Child Florida Statute 39.01 (15) Abandoned, abused or neglected by parent/legal custodian.

Surrendered to the Department. Voluntarily placedcase plan has expired and the parents/legal custodians have failed to comply with the plan. Voluntarily placed for adoption. Have no parent/legal custodians capable of providing supervision and care. At substantial risk of imminent abandonment or neglect by parents/legal custodians. Have been sexually exploited and no known parent/legal custodian to provide supervision and care. Pre-Service CM Specialty Module 4.1.21 Dependency Petition

Requirements Pre-Service CM Specialty Module 4.1.22 Clear description of the facts. What the parent or guardian did or failed to do and how it affected the child.

Filed 21-days after shelter hearing if child was placed in shelter. Filed within 7-days if there is a demand of early filing. Filed within a reasonable time after referral for services.

Arraignment Hearing Reviews reasonable efforts to prevent or eliminate the need for removal or continued removal from home. Held within 28-days after shelter hearing if child was placed in shelter.

Held within 7-days of the dependency petition being filed if there is a demand of early filing. Held within a reasonable time after referral for services. Pre-Service CM Specialty Module 4.1.23

Adjudicatory Hearing Held if parent enters denial. Decides if the Department can prove the allegations. Held within 30-days after arraignment hearing. Pre-Service CM Specialty Module 4.1.24 Adjudicatory Hearing: Court Order

The legal basis. The facts. The evidence. Pre-Service CM Specialty Module 4.1.25 Disposition Hearing Paperwork Submitted 72 hours prior to the hearing: Pre-Disposition Study (PDS). Case Plan.

Guardian ad Litem Report. Other documents. Pre-Service CM Specialty Module 4.1.26 Disposition Hearing Determines what needs to be done by the parent, Department and/or the child to ensure the safety of the child and to move the parties toward the stated goal of the case plan. Held within 30-days after

adjudicatory hearing when the parents deny. Held within 15-days of the arraignment when the parents admit or consent. Pre-Service CM Specialty Module 4.1.27 Disposition Hearing: Court Order Pre-Service CM Specialty Module 4.1.28

Placement determination. Special conditions of placement. Responsible parties.

Guardian ad Litem. Next hearing. Approval of case plan or set case plan hearing. Child support.

Reasons not placed (if with relative/non-relative). Other requirements to protect the child. Judicial Review Evaluate the progress. Revise case plan as

needed. Initial review at 90-days. Reviews every 6-months. Pre-Service CM Specialty Module 4.1.29 Judicial Review Social Study Report (JRSSR) Requirements F.S. 39.701(8)(a), discussed the requirements of the Judicial

Review Social Study Report. All parties must be served with a copy of the JRSSR at least 72-hours prior to the hearing. Pre-Service CM Specialty Module 4.1.30 Court Action at

Judicial Reviews Determine compliance with case plan. Determine department compliance with obligations. Return the child or continue placement.

Authorize the filing of a petition for TPR Retain jurisdiction for special immigrant juvenile status. Pre-Service CM Specialty Module 4.1.31 Determine if child should be declared

dependent. Extend jurisdiction for a youth before 18th birthday. Permanency Hearing Determine if child will achieve permanency goal or to modify goal. Within 12-months of the childs removal. Within 30-days if reasonable efforts to reunify are not required.

At least every 12-months while the child is in care. Pre-Service CM Specialty Module 4.1.32 Court Action at Permanency Hearings Determine if permanency goal is appropriate or should be changed. Determine when the child will achieve one of

the permanency goals. Determine if the Department has made reasonable efforts to finalize the permanency plan currently in effect. Pre-Service CM Specialty Module 4.1.33 Permanency Goals in Order of Preference

Reunification Adoption Permanent Guardianship Permanent Placement with a Fit and Willing Relative Another Planned Permanent Living Arrangement (APPLA) Pre-Service CM Specialty Module 4.1.34 Activity B:

Permanency Options Instructions: 1. Create a teach-back of the permanency option assigned to your group. Permanent guardianship of a dependent child under s. 39.6221; Permanent placement with a fit and willing relative under s. 39.6231; or Placement in another planned permanent living arrangement under s. 39.6241. 2. Be prepared to present your findings. Pre-Service CM Specialty Module

4.1.35 Termination of Parent Rights (TPR) Termination of Parent Rights or TPR is the severing of the arentchild relationship by the state. It is governed by state law which varies by state. Pre-Service CM Specialty Module 4.1.36

Pre-Service CM Specialty Module 4.1.37 Pre-Service CM Specialty Module 4.1.38 Pre-Service CM Specialty Module 4.1.39 Pre-Service CM Specialty Module 4.1.40 Pre-Service CM Specialty Module 4.1.41

Pre-Service CM Specialty Module 4.1.42 TPR Petition Requirements Allegations of at least one of the grounds listed in s. 39.806, F.S. Termination is in best interest of child. Termination is least restrictive. Post-permanency petitions

after 12-months. Pre-permanency petitions before 12-months. Pre-Service CM Specialty Module 4.1.43 Pre-Service CM Specialty Module 4.1.44 Expedited TPR TPR can be expedited when any conditions in s. 39.806(1)(b)-(d) or (f)-(m), F.S., have occurred. If expedited, you are not required to offer reasonable efforts to preserve and reunify the

family. A separate petition for dependency does not need to be filed. A case plan with the goal of termination of parental rights and adoption can be filed to allow for a continuation of services. Pre-Service CM Specialty Module 4.1.45 Termination of Parental Rights Advisory Hearing Held soon after all parties have been served with a copy of the petition.

Court will: inform parties of their rights, appoint counsel for parties, and appoint a Guardian ad Litem to represent the interests of the child. After the hearing the court will set a date for an Adjudicatory Hearing to be held within 45days. Pre-Service CM Specialty Module 4.1.46 Termination of Parental Rights (TPR) Adjudicatory Hearing A trial will focus on:

What the parents did or did not do since the Department became involved. What the Department did to support the parents' efforts to regain custody of the child. The court considers: Clear and convincing evidence. Best interest of the child. Least restrictive means. Pre-Service CM Specialty Module 4.1.47

Activity C: Dependency Hearing Map Instructions: 1. Complete the map using the game pieces: Hearings must be put in chronological order. Purpose refers to the reason the hearing takes place. Timeframe refers to the legally required period of time in which the hearing must occur. Standard of Proof is the

that evidence must Pre-Service CMstandard Specialty Module 4.1.48 Unit 4.2 Staffings Pre-Service CM Specialty Module 4.2.1 Learning Objectives 1. Identify the types and purposes of case management specific staffings.

2. Describe how to prepare for and conduct a staffing. Pre-Service CM Specialty Module 4.2.2 Staffings http://centervideo.forest.usf.edu/cwta/public/Trai ning_Online/Staffings_January%202010/Staffings_ Module_1/Presentation_Files/index.html http://centervideo.forest.usf.edu/cwta/public/Trai ning_Online/Staffings_January%202010/Staffings %20Module%202_Applying_the_Concepts/Presen tation_Files/index.html

s. 39.001(b)(1-4), F.S. Pre-Service CM Specialty Module 4.2.3 Staffing Guidelines Possible reasons you may need a staffing Things to consider before scheduling your staffing Staffing preparation Assessments and information gathered to prepare for the staffing Recommendations How to facilitate successful staffings FSFN documentation requirements

Pre-Service CM Specialty Module 4.2.4 Staffings Chart your Keep gs Staffin chart e for l b a l i a

av cess. c a y s ea Pre-Service CM Specialty Module 4.2.5

Who Attends When it is held? Purpose or Main Tasks Potential Decisions and Recommendations Activity D: Staffings Chart Matching Instructions: 1. Match the name of the staffing to the letter corresponding to the correct piece of information about

the staffing. Pre-Service CM Specialty Module 4.2.6

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