JUDY NORDSTAFF ATTORNEY, STATE COURT ADMINISTRATION

AND MANAGER, CHILDREN’S JUSTICE INITIATIVE

651-282-3972judy.nord@courts.state.mn.us

Permanency Timeline for Children in

Out-of-Home Placement

The 12-Month Permanency Timeline –

It’s Based on the Healthy

Development of Children

Mother’s and father’s name and address

Child’s name and current address in foster care

Petition Content

Personal service on mother AND father (except alleged fathers)

Service by publication, if parent’s name or address unknown

Service in foreign countries

Service of Summons and Petition

Noncustodial parent (e.g., father)

Attorney for parents (one attorney for both parents unless exceptional circumstance)

EPC Hearing Critical Attendees Often Missing

The court may appoint only one attorney to represent both parents for first hearing

Exception: Any party may request appoint of separate counsel

Court determines and makes written findings or findings on the record that extraordinary circumstances exist that appointment of separate counsel

Minn. Stat. 260C.163Counsel for Parents

County pays for court-appointed counsel for the parent

Court must appoint attorneys retained by the county

Minn. Stat. 260C.163 Counsel for Parents

Attorneys appointed to represent parents must meet one of the following qualifications:(1)Experience: Represented at least 10 parties or participants over the last two years (2)Training: Completed at least 18 hours of core skills training approved by State Court Administration(3)Supervision: Supervised by an attorney who meets the experience or training qualifications

Minn. Stat. 260C.163 and Judicial Council Policy

Counsel for Parents

Prima Facie Case Established Endangerment - child or others

endangered if child returns homeReasonable or active efforts to:

prevent removalreunify child (later stages of case)finalize permanency plan

EPC Hearing Findings

Best interests – out of home placement is in child’s bests interests

Protective supervisionTrial home visitRelative in homeEmergency relative placement

EPC Hearing Findings

Assessments for parents can be ordered at first hearing, without adjudication -

Types of assessmentsMental healthChemical healthParenting capacityMedical, dental, etc.

Visitation tersm

EPC Frontend Loading

Commenced within 60 days of EPC or ADH, whichever is earlier

Held over consecutive daysCompleted within 30 daysFindings issued within 15 days of last

person who testified (court may add 15 days, for total of 30)

Trial

Adjudication may be withheld for up to 90 days

Orders distributed to parties Recommend distribution to

participants (at least parents)

Adjudication and Withholding Adjudication

Dismissed

Termination of Jurisdiction

Reunified

Dismissed, Termination of Jurisdiction, Reunified

OHPP must be prepared for each parent, including incarcerated parent, unless court finds reasonable efforts are not required

OHPP must be filed within 30 days of child’s court-ordered placement (ex parte order or EPC order)

Out-of-Home Placement Plan

Safety risk for this child in this caseParent’s “task list”Behavioral change that parent must

demonstrate and sustain (“AND”)Agency’s responsibilities (reasonable or

active efforts)

Out-of-Home Placement PlanCritical Components

Child and Family Services Review (CFSR) findings

High foster care re-entry rate Caused when reunification is not yet

safe??

Out-of-Home Placement PlanCritical Components

Held on or before day 180 (month 6)For all children regardless of ageParent making progress on case plan –

demonstrating behavioral change?Parent maintaining regular contact with

child?

Permanency Progress Review Hearing

If making progress and maintaining contact – court can continue case for up to 6 months

If not making progress OR not maintaining contact, court may direct county to file a permanency petition within 30 days

Permanency Progress Review Hearing

Child is on Trial Home Visit – court may continue permanency proceeding for time child is in THV (6 months)

Prior CHIPS petition(s) during last 5 years for which child in OHP for 365 days or more – upon showing of compelling reasons, court may extend permanency proceeding up to 6 months

Exceptions to Filing of Permanency Petition

Reunification Options

Trial Home VisitReturn only to custodial parentPermanency clock continues

Legal custody retained by countyCounty may remove child without court orderMaximum 6 months

Protective SupervisionReturn to custodial or noncustodial parentPermanency clock continues if noncustodial but stops if custodialLegal custody returned to parentCounty may remove child only with court orderIndefinite

Questions and

Wrap Up Judy NordStaff Attorney and

Manager, Children’s Justice Initiative651-282-3972

judy.nord@courts.state.mn.us