THE COURT REPORT INSTRUCTIONS FOR THE SLIDE SHOW

THE DHS COURT REPORTTHE DHS COURT REPORT DDouble click here to start the presentationouble click here to start the presentation

DEPARTMENT OF HUMAN SERVICESDEPARTMENT OF HUMAN SERVICESCHILDREN AND YOUTH DIVISIONCHILDREN AND YOUTH DIVISION

2/1/20022/1/2002

THE COURT REPORT THE COURT REPORT INSTRUCTIONS FOR THE SLIDE SHOWINSTRUCTIONS FOR THE SLIDE SHOW

You are about to access a 10 minute slide show on completing You are about to access a 10 minute slide show on completing the court report. The Adoption and Safe Families Act requires the court report. The Adoption and Safe Families Act requires changes regarding the information that DHS presents to changes regarding the information that DHS presents to family court. family court.

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HEARING TYPES

SUPERVISOR FOLLOW-UP

PREPARING A COURT REPORT

COURT ORDER

SOCIAL WORK FOLLOW-UP

ASFA

PURPOSEPURPOSE

This slide show is provided to update This slide show is provided to update the knowledge of DHS social workers the knowledge of DHS social workers

and supervisors. It contains an and supervisors. It contains an overview of court report preparationoverview of court report preparation. . If you have specific, case related If you have specific, case related

questions please contact your questions please contact your supervisor, court representative or supervisor, court representative or

solicitor.solicitor.

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Adoption and Safe Families Adoption and Safe Families ActAct

(1997)(1997)ASFA IS THE FEDERAL AND STATE LAW

(The Juvenile Act ) WHICH REQUIRES DHS JUSTIFY IN COURT THE REMOVAL OF A

CHILD, CONTINUED NEED FOR PLACEMENT AND ACHIEVEMENT OF PERMANENT PLACEMENT WITHIN 12

MONTHS

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THE ADOPTION AND SAFE FAMILIES THE ADOPTION AND SAFE FAMILIES ACT REQUIRES:ACT REQUIRES:

AN ASSESSMENT OFAN ASSESSMENT OF SAFETYSAFETY FOR CHILDREN IN PLACEMENT FOR CHILDREN IN PLACEMENT OR AT HOME WITH PARENTS OR RELATIVESOR AT HOME WITH PARENTS OR RELATIVES

A DETERMINATION OF WHETHER CONTINUATION IN THE HOME A DETERMINATION OF WHETHER CONTINUATION IN THE HOME IS IS CONTRARYCONTRARY TO THE SAFETY, HEALTH AND WELFARE OF THE TO THE SAFETY, HEALTH AND WELFARE OF THE CHILD.CHILD.

A REVIEW OF WHAT A REVIEW OF WHAT REASONABLE EFFORTSREASONABLE EFFORTS WERE MADE TO WERE MADE TO PREVENT PLACEMENT: AND IF THE CHILD IS PLACED, WHAT PREVENT PLACEMENT: AND IF THE CHILD IS PLACED, WHAT EFFORTS WERE MADE TO IDENTIFY A PERMANENT GOAL FOR EFFORTS WERE MADE TO IDENTIFY A PERMANENT GOAL FOR THE CHILDTHE CHILD

A A COMPELLING REASONCOMPELLING REASON TO CONTINUE PLACEMENT TO CONTINUE PLACEMENT A REVIEW OF WHETHER A REVIEW OF WHETHER AGGRAVATED CIRCUMSTANCESAGGRAVATED CIRCUMSTANCES

EXISTSEXISTS

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ADOPTION AND SAFE FAMILIES ADOPTION AND SAFE FAMILIES ACTACT

SAFETY IS DETERMINED BY THE MOST RECENT FACE-TO- SAFETY IS DETERMINED BY THE MOST RECENT FACE-TO- FACE CONTACT BETWEEN A SOCIAL WORKER AND THE FACE CONTACT BETWEEN A SOCIAL WORKER AND THE

CHILD. CHILD. -Is the child in a licensed home? Do the foster parents have -Is the child in a licensed home? Do the foster parents have

Childline clearances? Is the child safe from harm?Childline clearances? Is the child safe from harm?

-Is the child at their parents / relatives home? Is the child -Is the child at their parents / relatives home? Is the child

safe from what caused them harm before? safe from what caused them harm before?

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SAFETY


This determination must always be made at This determination must always be made at the detention and adjudicatory hearings.the detention and adjudicatory hearings.

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CONTRARY TO THE HEALTH, SAFETY AND WELFARE

Explain why continuation in the home is contrary to the health, safety or welfare of the child. What was harmful to the child at their home or place of removal?


EFFORTS YOU MADE TO PREVENT EFFORTS YOU MADE TO PREVENT PLACEMENT; AND IF THE CHILD IS PLACEMENT; AND IF THE CHILD IS PLACED, WHAT EFFORTS WERE MADE PLACED, WHAT EFFORTS WERE MADE TO IDENTIFY A PERMANENT HOMETO IDENTIFY A PERMANENT HOME

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REASONABLE EFFORTS

EXAMPLES:SCOH REMOVAL OF ABUSER FROM THE HOME DAY CARE REFERRALS FOR EMERGENCY FOODFAMILY PRESERVATION REFERRALS FOR MENTAL HEALTHPARENT TRAINING REFERRALS FOR HOUSING OR SHELTERREFERRALS FOR MEDICAL REFERRALS FOR CASH ASSISTANCE


Aggravated circumstances are specific situations Aggravated circumstances are specific situations where parents have placed children at great risk. where parents have placed children at great risk.

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AGGRAVATED CIRCUMSTANCES

Adjudication must have occurred prior to aggravating circumstances being alleged. The existence of aggravated

circumstances requires that the social worker file a aggravating circumstances petition within 21 days.

EXAMPLES:•CHILDREN WHO HAVE HAD NO SUBSTANTIAL AND CONTINUING CONTACT WITH PARENTS FOR OVER 6 MONTHS•CHILDREN WHO HAVE PARENTS WHEREABOUTS UNKNOWN AND NO CONTACT WITHIN 3 MONTHS•THE CHILD OR ANOTHER CHILD IS A VICTIM OF SERIOUS BODILY INJURY, SEXUAL VIOLENCE OR AGGRAVATED PHYSICAL NEGLECT•THE PARENT IS CONVICTED OF CRIMINAL HOMICIDE, OR OTHER SERIOUS FELONY OFFENCES•A PARENTS WHOSE RIGHT HAVE BEEN INVOLUNTARILY TERMINATED FOR ANOTHER CHILD


A COMPELLING REASON FOR CONTINUED PLACEMENT A COMPELLING REASON FOR CONTINUED PLACEMENT MUST BE PRESENTED AT EACH 6 MONTH HEARING MUST BE PRESENTED AT EACH 6 MONTH HEARING

FOR EACH CHILD IN PLACEMENTFOR EACH CHILD IN PLACEMENT..

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COMPELLING REASON

DHS SHOULD MOVE TOWARD TERMINATION OF PARENTAL RIGHTS IF A COMPELLING REASON OR

EXCEPTION IS NOT PRESENTED AND ACCEPTED BY THE COURTEXAMPLES:

CHILD 12 YEARS AND ABOVE DOES NOT WANT TO BE ADOPTEDPARENTS ARE MAKING SIGNIFICANT IMPROVEMENT AND REUNIFICATION IS IMMINENTCHILD HAS INTENSIVE TREATMENT NEEDS AND PARENTS ARE UNABLE TO PROVIDE FOR THOSE NEEDSSEPARATION OF SIBLINGS WOULD NOT BE IN THE BEST INTEREST OF THE CHILDCHILD IS MOVING TOWARD INDEPENDENCE AND INDEPENDENT LIVING

Court Report COURT REPORTS MUST ARRIVE BEFORE 9 a.m. THE DAY COURT REPORTS MUST ARRIVE BEFORE 9 a.m. THE DAY

BEFORE THE HEARING OR YOU MUST REPRESENT BEFORE THE HEARING OR YOU MUST REPRESENT YOURSELF IN COURT YOURSELF IN COURT – SUBMIT THE LAST TWO YEARS OF COURT REPORTS.SUBMIT THE LAST TWO YEARS OF COURT REPORTS.– ADDRESS THE REASON THE CASE IS IN COURT.ADDRESS THE REASON THE CASE IS IN COURT.– REVIEW THE PREVIOUS COURT ORDER AND INDICATE WHETHER REVIEW THE PREVIOUS COURT ORDER AND INDICATE WHETHER

YOU HAVE COMPLIED WITH THE ORDERYOU HAVE COMPLIED WITH THE ORDER..– PROVIDE CURRENT INFORMATION REGARDING THE FAMILY’S PROVIDE CURRENT INFORMATION REGARDING THE FAMILY’S

PROGRESS MEETING THE GOALS OF THE FSP, AND THE FSP DATE.PROGRESS MEETING THE GOALS OF THE FSP, AND THE FSP DATE.– PROVIDE THE CORRECT (AFS) ACCEPT FOR SERVICE DATE. PROVIDE THE CORRECT (AFS) ACCEPT FOR SERVICE DATE. – IDENTIFY THE LOCATION OF CHILDREN PLACED IN ‘OUT OF HOME IDENTIFY THE LOCATION OF CHILDREN PLACED IN ‘OUT OF HOME

CARE’ AND THE LENGTH OF TIME IN ‘OUT OF HOME CARE’ .CARE’ AND THE LENGTH OF TIME IN ‘OUT OF HOME CARE’ .

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Court Report FILL OUT THE COURT REPORT USING THE GUIDE. FILL OUT THE COURT REPORT USING THE GUIDE.

EACH TYPE OF HEARING HAS A SEPARATE GUIDE.EACH TYPE OF HEARING HAS A SEPARATE GUIDE. REVIEW THE ASFA IMPLICATIONS OF CHILDREN IN REVIEW THE ASFA IMPLICATIONS OF CHILDREN IN

PLACEMENT (PLACED 6 MONTHS OR MORE) PLACEMENT (PLACED 6 MONTHS OR MORE) OUTLINE THE DHS RECOMMENDATIONS OUTLINE THE DHS RECOMMENDATIONS THE SUPERVISOR IS TO REVIEW, MAKE THE SUPERVISOR IS TO REVIEW, MAKE

CORRECTIONS AND INITIAL THE COURT SHEET CORRECTIONS AND INITIAL THE COURT SHEET

CONSULT WITH THE COURT REP AND SOLICITORCONSULT WITH THE COURT REP AND SOLICITOR

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TYPES OF DEPENDENCY TYPES OF DEPENDENCY COURT HEARINGSCOURT HEARINGS

DETENTION HEARINGDETENTION HEARING HELD W/I 72 HOURS OF A HELD W/I 72 HOURS OF A RESTRAINING ORDER RESTRAINING ORDER (SOCIAL WORKER ATTENDS)(SOCIAL WORKER ATTENDS)

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Each hearing type has its own guide

ADJUDICATORY HEARING HELD W/I 30 DAYS OF A PLACEMENT OR 10 DAYS OF AN DETENTION HEARING

(SOCIAL WORKER ATTENDS)

PERMANENCY HEARING - 6 MONTH REVIEW AGGRAVATED CIRCUMSTANCES

GOAL CHANGE / TERMINATION OF PARENTAL RIGHTS

NON PLACEMENT REVIEW- 6 MONTH REVIEW

STATUS - HELD AT THE COURTS REQUEST

THE ORDERTHE ORDER

THE JUDGE’S ORDER WILL BE RECORDED ON THE HEARING & ORDER (FORMERLY THE DRO) AND THE COURT REPORT. SAFETY, CONTRARY TO THE WELFARE, REASONABLE EFFORTS, COMPELLING REASONABLE EFFORTS AND AGGRAVATED CIRCUMSTANCES DETERMINATIONS NEED TO BE DOCUMENTED ON EACH ORDER. FAILURE TO DOCUMENT THESE ISSUES WILL RESULT IN THE DEPARTMENT LOSING FEDERAL REIMBURSEMENT FOR CHILDREN IN CARE.

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AFTER THE HEARING AFTER THE HEARING THE THE SUPERVISOR…..SUPERVISOR…..

LOGS THE COURT MATERIALLOGS THE COURT MATERIAL --TRACKING THE ORDERS OF THE COURTTRACKING THE ORDERS OF THE COURT

UPDATES THE COURT CALENDARUPDATES THE COURT CALENDAR - - TRACKING THE NEXT COURT HEARING DATETRACKING THE NEXT COURT HEARING DATE

IDENTIFIES THE TASKS THAT NEED TO BE ON IDENTIFIES THE TASKS THAT NEED TO BE ON THE SOCIAL WORKERS ‘TO DO LIST’THE SOCIAL WORKERS ‘TO DO LIST’

RETURNS THE DRO AND COURT REPORT TO RETURNS THE DRO AND COURT REPORT TO THE SOCIAL WORKERTHE SOCIAL WORKER

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AFTER THE HEARING THESOCIAL WORKER SHOULD…….

CAREFULLY REVIEW THE ORDERCAREFULLY REVIEW THE ORDERLOG THE COURT MATERIAL LOG THE COURT MATERIAL

- -TRACKING THE ORDER OF THE COURTTRACKING THE ORDER OF THE COURTUPDATE THE COURT CALENDARUPDATE THE COURT CALENDAR

- TRACKING THE NEXT COURT HEARING DATE- TRACKING THE NEXT COURT HEARING DATE PLACE THE TASKS ON YOUR ‘TO DO LIST’PLACE THE TASKS ON YOUR ‘TO DO LIST’CONTACT PARENTS AND CONTRACTED CONTACT PARENTS AND CONTRACTED

AGENCIES AND TELL THEM WHAT IS AGENCIES AND TELL THEM WHAT IS EXPECTED FROM THEM. EXPECTED FROM THEM.

REVIEW THE FSP TO DETERMINE IF IT REVIEW THE FSP TO DETERMINE IF IT NEEDS TO BE REVISEDNEEDS TO BE REVISED

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PROBLEMSPROBLEMS IF YOU DISAGREE WITH THE ORDER OF THE COURT IF YOU DISAGREE WITH THE ORDER OF THE COURT

CONSULT YOUR SUPERVISOR AND ADMINISTRATOR TO CONSULT YOUR SUPERVISOR AND ADMINISTRATOR TO DISCUSS THE ISSUE. ASK THE SOLICITOR IN COURT TO DISCUSS THE ISSUE. ASK THE SOLICITOR IN COURT TO PLACE THE OBJECTIONS ON THE RECORD.PLACE THE OBJECTIONS ON THE RECORD.

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IF YOU DO NOT RECEIVE THE HEARING AND ORDER (DRO) OR COURT REPORT CONTACT THE COURT REP IMMEDIATELY.PETITIONS ARE FILED BY YOUR ASSIGNED LEGALASSISTANT IN THE SOLICITORS OFFICE (16TH FLOOR). IF YOU DO NOT FULLY UNDERSTAND ASFA SPEAK TO YOUR SUPERVISOR/ ADMINISTRATOR.EARLY RELISTS CAN BE REQUESTED BY COMPLETING THE FORM LOCATED IN THE COURT UNIT AREA

DO NOT IGNORE THE ORDER.

SUGGESTIONS PREPARE WELL IN ADVANCEPREPARE WELL IN ADVANCE

COURT REPORTS ARECOURT REPORTS ARE DUE 9AM THE DAY BEFORE THE DUE 9AM THE DAY BEFORE THE HEARING. HEARING. MAKE SURE THEY ARE ON TIME.MAKE SURE THEY ARE ON TIME.

REVIEW THE LAST ORDER OF THE COURTREVIEW THE LAST ORDER OF THE COURT CONTACT THE COURT REP PRIOR TO THE HEARING. CONTACT THE COURT REP PRIOR TO THE HEARING.

NOTIFY THE REP IF YOU ARE REPRESENTING YOURSELF IN NOTIFY THE REP IF YOU ARE REPRESENTING YOURSELF IN COURT. COURT REPORT ARE STILL NEEDED AT 9AM.COURT. COURT REPORT ARE STILL NEEDED AT 9AM.

CONTACT THE SOLICITOR FOR DETENTION, CONTACT THE SOLICITOR FOR DETENTION, ADJUDICATORY, TERMINATION AND CONTESTED ADJUDICATORY, TERMINATION AND CONTESTED HEARINGS. SOCIAL WORKERS WILL NEED TO ATTEND HEARINGS. SOCIAL WORKERS WILL NEED TO ATTEND THESE HEARINGS.THESE HEARINGS.

ENSURE THAT ALL PARTIES ARE INVOLVED IN PLANNINGENSURE THAT ALL PARTIES ARE INVOLVED IN PLANNING ENSURE THAT ALL PARTIES ARE NOTIFIED OF THE ENSURE THAT ALL PARTIES ARE NOTIFIED OF THE

HEARING DATES.HEARING DATES.

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USE THE TOOLSUSE THE TOOLS

Court Reports and Guides to HearingsCourt Reports and Guides to HearingsReports from ProvidersReports from ProvidersLength of time in care and placement typeLength of time in care and placement typeCourt Log and CalendarCourt Log and CalendarDRO’s (orders from the court)DRO’s (orders from the court)Consultation with the court rep or the solicitorConsultation with the court rep or the solicitor

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QUESTIONSQUESTIONSPLEASE CONTACT THE COURT UNIT PLEASE CONTACT THE COURT UNIT

SUPERVISORS, COURT REPS IF YOU HAVE SUPERVISORS, COURT REPS IF YOU HAVE OTHER QUESTIONS. OTHER QUESTIONS.

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TRAININGTRAINING ON THE COURT REPORT AND

ASFA WILL BE PROVIDED ON AN ONGOING BASIS.

CONTACT YOUR ADMINISTRATOR OR THE RTC FOR DETAILS

COURT UNIT COURT UNIT SUPERVISORSSUPERVISORS

MARTHA POLLER, SUPERVISOR 6665MARTHA POLLER, SUPERVISOR 6665 JANICE JERVAY JANICE JERVAY SUPERVISOR SUPERVISOR

66786678 WANDA CROCKETT, SUPERVISOR 6684WANDA CROCKETT, SUPERVISOR 6684DELL MERIWETHER, ADMINISTRATOR 6707DELL MERIWETHER, ADMINISTRATOR 6707

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COURT REPRESENTATIVESAPPLEBAUM, PETERAPPLEBAUM, PETER 3-6662 3-6662 INCZE,MAGDALENA INCZE,MAGDALENA 3-6679 3-6679

BANKS, MARYBANKS, MARY 3-67133-6713 JENKINS, FAYE JENKINS, FAYE 3-67143-6714

BARFIELD, SOPHIA BARFIELD, SOPHIA 3-6683 3-6683 MAJETTE,DEDORAH MAJETTE,DEDORAH 3-6679 3-6679

CHERRY, PATCHERRY, PAT 3-66803-6680 MALLON, FRANK MALLON, FRANK 3-66643-6664

EARLY, ROSEARLY, ROS 3-66813-6681 MULLIN, LISA MULLIN, LISA 3-6661 3-6661

ELD, MAUREEN ELD, MAUREEN 3-66833-6683 SHINN,DONNA SHINN,DONNA 3-66833-6683

FRIES, MAUREENFRIES, MAUREEN 3-6682 3-6682 SPEIGHT, LYNN SPEIGHT, LYNN3-67143-6714

HARRIS, GWEN HARRIS, GWEN 3-67123-6712 WARD, MAUREEN WARD, MAUREEN 3-66813-6681

HOLLAND,DONNAHOLLAND,DONNA 3-6680 3-6680 WILKERSON, GARYWILKERSON, GARY 3-6661 3-6661

WILLIAMS,SONITAWILLIAMS,SONITA 3-66643-6664

WOLFE, RICKWOLFE, RICK 3-66623-6662

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THANK YOU FOR YOUR THANK YOU FOR YOUR TIMETIME

CLICK HERE FOR THE QUIZ

CLICK HERE TO RETURN TO THE BEGINNINGOR BELOW TO GO TO THE SPECIFIC TOPIC

ASFAPREPARING A

COURT REPORT

HEARINGTYPES

COURT ORDER

SUPERVISOR FOLLOW-UP

SOCIAL WORKER FOLLOW-UP

5 questions

Answer each question correctly before you can proceed to the next question. If you miss a question you will be sent back to the first question. When you select the correct answer you will proceed to the next question.

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Visiting the child at their school?

Calling the child to find out how there doing in placement?

Visiting the foster home and seeing the child?

Speaking to the child in person at court?

Q: Which of the Q: Which of the following is the best following is the best measure of measure of safetysafety? ?

Q: Which of the Q: Which of the following is the best following is the best measure of measure of safetysafety? ?

A: Safety must be assessed at each in-person contact with a child. It can not be fully assessed unless a social worker visits the child where they live.

Correct

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Visiting the child at their school?

Calling the child to find out how there doing in placement?

Visiting the foster home and seeing the child?

Speaking to the child in person at court?

Review hearings

Adjudicatory and Permanency

Detention and Permanency

Detention and Adjudicatory

Q: At what hearings is testimony Q: At what hearings is testimony needed to determine if remaining in needed to determine if remaining in

the home isthe home is contrary to the welfare contrary to the welfare of of the child?the child?

Q: At what hearings is testimony Q: At what hearings is testimony needed to determine if remaining in needed to determine if remaining in

the home isthe home is contrary to the welfare contrary to the welfare of of the child?the child?

Correct

A: This determination is only necessary for a child that has not been adjudicated. ‘Contrary to the welfare’ must be presented until adjudication occurs for children in placement.


Review hearings

Adjudicatory and Permanency

Detention and Permanency

Detention and Adjudicatory

2 and 3

5 and 7

6 and 4

All are reasonable efforts

Q: Which of the Q: Which of the following following are notare not

reasonable effortsreasonable efforts to to prevent placement?prevent placement?

1) SCOH SERVICES 2) DAY CARE 3) REFERRALS FOR MENTAL HEALTH4) PARENT TRAINING 5) REFERRALS FOR CASH ASSISTANCE6) REMOVAL OF ABUSER FROM THE HOME7) REFERRALS FOR EMERGENCY FOOD

1) SCOH SERVICES 2) DAY CARE 3) REFERRALS FOR MENTAL HEALTH4) PARENT TRAINING 5) REFERRALS FOR CASH ASSISTANCE6) REMOVAL OF ABUSER FROM THE HOME7) REFERRALS FOR EMERGENCY FOOD

A: All of these services are reasonable efforts to prevent placement. Any services that you provide to a family to keep the children out of care qualify as reasonable efforts.

All are Correc

t


Q: Which of the Q: Which of the following following are notare not

reasonable effortsreasonable efforts to to prevent placement?prevent placement?

If a social worker does not provide a If a social worker does not provide a compelling reasoncompelling reason at the 12th month at the 12th month hearing or beyond, what happens? hearing or beyond, what happens?

Your supervisor gets really angryThe law department must file for termination of parental rights petitionThe compelling reason can be presented at the next hearing dateThe child is returned home due to lack of evidence

A: A compelling reason must be provided at each permanency hearing. It justifies to the court the reason we do not want to terminate the parental rights. If not presented a TPR petition must be filed.

Correct


If a social worker does not provide a If a social worker does not provide a compelling reasoncompelling reason at the 12th month at the 12th month hearing or beyond, what happens? hearing or beyond, what happens?

Your supervisor gets really angryThe law department must file for termination of parental rights petitionThe compelling reason can be presented at the next hearing dateThe child is returned home due to lack of evidence

at every court hearing

by filing a petition within 21 days of identifying the situation

by notifying the child advocate in writing

by documenting it within the case record

Q:Q: Aggravated Aggravated circumstancescircumstances must be must be

alleged ….alleged ….

Q:Q: Aggravated Aggravated circumstancescircumstances must be must be

alleged ….alleged ….

A: ASFA requires that allegation of aggravated circumstances have a petition filed within 21 days of the situation coming social workers attention.

Correct

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at every court hearing

by filing a petition within 21 days of identifying the situation

by notifying the child advocate in writing

by documenting it within the case record

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CongratulationsCongratulationsYou have successfully completed the You have successfully completed the ASFA slideshow and have answered ASFA slideshow and have answered the questions correctly. If you have the questions correctly. If you have additional questions please feel free additional questions please feel free to contact your court rep, solicitor or to contact your court rep, solicitor or

supervisor. Thankssupervisor. ThanksEnd Presentation

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THE COURT REPORT INSTRUCTIONS FOR THE SLIDE SHOW