State-by-State Know Your Rights Guides For Parents
The American Bar Association Center on Children and the Law, in partnership with the Annie E. Casey Foundation,
created state-specific Know Your Rights guides to help inform parents
about their rights while their children are in foster care,
including medical decision making, visitation, and legal counsel. The
guide details what parents can expect and helps them understand how they
can be involved in their child’s life. The guides can be found at ambar.org/parentrights
Thursday, May 31, 2018
Case Control — Your rights in service planning
Case Control — Your rights in service planning
May 02, 2018 by
Parents who feel powerless during the service planning process often accept services, schedules and other
demands placed on them by the child welfare system that they can’t do
or don’t believe will be helpful because they aren’t informed or are too
afraid to speak up. It’s important and empowering for parents to know
that they have rights in their family’s planning and how to assert them.
Rise spoke to Kaela Economos, social work director at Brooklyn Defender Services, Diana Rugh Johnson, a child welfare law specialist and substitute Family Court judge in Georgia, and Malena Arnaud, a senior social worker at the Center For Family Representation, about the ways in which parents can control aspects of their planning process.
Q: From a legal perspective, what should a service plan
look like?
Arnaud: A service plan should be based solely on the original allegations of the case. If there are new concerns that come up throughout the case, any new services should be relevant to those concerns and not just random.
Rugh Johnson: Sometimes all the safety issues aren’t known at first. It’s not uncommon for a child to be removed for something like housing instability and then it’s discovered that there’s a drug problem with the parent. If that’s the case, services will be added. Every state has its own laws, but when that happens, I require the agency to file an amended petition to prove those new safety issues just like they had to do at the beginning of the case.
Q: Can parents change, challenge or refuse a service plan? If so, is there a time frame to do so?
Rugh Johnson: A case plan is not legally mandatory until the court orders it. So you can challenge or refuse a service plan up until the disposition.
But beginning services right away rather than waiting for them to be court-ordered buys the parent more time on that clock. It also shows initiative, which looks good for their case by the time it gets to court and moves the case forward quicker.
Economos: Usually by the time we meet parents, they have already agreed to certain services, but we will definitely advocate for changes in the service plan if the parent feels that it doesn’t work for them. Service plans are also revisited at the follow-up conference and then at any Family Team Conference that happens throughout the life of the case, so every meeting is an opportunity for the parent to revise the plan. But parents should know that a service plan is like a contract. So if you agreed to do a service, even without it being court-ordered, and you don’t do it, CPS or the foster care agency has the option of escalating their actions. For instance, even though NYC has a policy that says that compliance with services should not be used as a bargaining tool for increased or restricted visits, visitation is often tied to compliance.
Q: Are parents required to sign the HIPPA form that lets the agency communicate with their service providers? Are there consequences for not signing it?
Arnaud: Medical records are protected and private. You don’t have to release that information to anyone. Economos: At the same time, not signing could prolong your case. CPS could say, “We can’t give you more visits unless you’re going to therapy and you won’t sign a HIPPA so I can’t contact your mental health center.”
Talk to your attorney before signing HIPPA or any other form. If you do decide to sign, never sign a blank form. The agency should state specifically who they are requesting the information from, what information they are requesting and specific dates in question.
Q: Even if parents are doing all their services, can parents’ anger toward a caseworker be used against them? Can it lead parents to be given more services?
Economos: Years ago, NYC issued mental health principals that stated that angry and defensive behaviors toward caseworkers should not be defined as a mental illness. Does that mean that child protective workers or caseworkers on the ground get this? No.
Q: What roles does an attorney have in service planning?
Economos: Attorneys advocate for the client’s wishes and rights. We make sure that they are getting a service plan that ts their needs and only addresses the allegations in the case.
Rise spoke to Kaela Economos, social work director at Brooklyn Defender Services, Diana Rugh Johnson, a child welfare law specialist and substitute Family Court judge in Georgia, and Malena Arnaud, a senior social worker at the Center For Family Representation, about the ways in which parents can control aspects of their planning process.
Q: From a legal perspective, what should a service plan
look like?
Arnaud: A service plan should be based solely on the original allegations of the case. If there are new concerns that come up throughout the case, any new services should be relevant to those concerns and not just random.
Rugh Johnson: Sometimes all the safety issues aren’t known at first. It’s not uncommon for a child to be removed for something like housing instability and then it’s discovered that there’s a drug problem with the parent. If that’s the case, services will be added. Every state has its own laws, but when that happens, I require the agency to file an amended petition to prove those new safety issues just like they had to do at the beginning of the case.
Q: Can parents change, challenge or refuse a service plan? If so, is there a time frame to do so?
Rugh Johnson: A case plan is not legally mandatory until the court orders it. So you can challenge or refuse a service plan up until the disposition.
But beginning services right away rather than waiting for them to be court-ordered buys the parent more time on that clock. It also shows initiative, which looks good for their case by the time it gets to court and moves the case forward quicker.
Economos: Usually by the time we meet parents, they have already agreed to certain services, but we will definitely advocate for changes in the service plan if the parent feels that it doesn’t work for them. Service plans are also revisited at the follow-up conference and then at any Family Team Conference that happens throughout the life of the case, so every meeting is an opportunity for the parent to revise the plan. But parents should know that a service plan is like a contract. So if you agreed to do a service, even without it being court-ordered, and you don’t do it, CPS or the foster care agency has the option of escalating their actions. For instance, even though NYC has a policy that says that compliance with services should not be used as a bargaining tool for increased or restricted visits, visitation is often tied to compliance.
Q: Are parents required to sign the HIPPA form that lets the agency communicate with their service providers? Are there consequences for not signing it?
Arnaud: Medical records are protected and private. You don’t have to release that information to anyone. Economos: At the same time, not signing could prolong your case. CPS could say, “We can’t give you more visits unless you’re going to therapy and you won’t sign a HIPPA so I can’t contact your mental health center.”
Talk to your attorney before signing HIPPA or any other form. If you do decide to sign, never sign a blank form. The agency should state specifically who they are requesting the information from, what information they are requesting and specific dates in question.
Q: Even if parents are doing all their services, can parents’ anger toward a caseworker be used against them? Can it lead parents to be given more services?
Economos: Years ago, NYC issued mental health principals that stated that angry and defensive behaviors toward caseworkers should not be defined as a mental illness. Does that mean that child protective workers or caseworkers on the ground get this? No.
Q: What roles does an attorney have in service planning?
Economos: Attorneys advocate for the client’s wishes and rights. We make sure that they are getting a service plan that ts their needs and only addresses the allegations in the case.
Peer Support
May 07, 2018 by
One of the biggest challenges for parents affected
by child welfare involvement is planning. When you are in crisis, your
mind can’t focus on planning. That can make it even harder to keep track
of the many mandates, appointments, visits and court dates that come
with foster care.
Here are some suggestions from parents about how to make the service planning process more manageable.
Here are some suggestions from parents about how to make the service planning process more manageable.
- Ask as many questions as it takes to understand the status of your case and what your service plan is. It’s your family’s future and you have the right to ask questions of all parties involved in the case. If you are still confused, you can suggest a conference to talk things over.
- Get a calendar and write down all appointments, reviewing your calendar before you commit to anything. Call your caseworker regularly to make sure you’re not forgetting anything and that you have the right information.
- Write out transportation and other expenses for your week so you can ask for assistance if needed.
- Write down all of the positive things and progress you’ve made throughout your case and bring them to the attention of your lawyer, caseworker and the judge.
- Accept help and services if you know your family needs it, and be proactive about addressing safety concerns. Ask for trauma-focused family therapy if your family has been through trauma. Take a parenting class of your choice. You might learn some helpful parenting tips.
- If you feel like your caseworker isn’t helping you find the services you need, try to find parents who have succeeded in reunifying their families and nd out what they did. You can also ask your caseworker, “Are there any parent support groups around?”
- Talk to your lawyer about your needs or things you don’t understand.
Saturday, May 26, 2018
Friday, May 25, 2018
https://www.facebook.com/XIX.China/videos/1662307833864796/
Jerry Milner head of Children and Family speaks on changing the system to better work for families.
Panel: Transforming Child Welfare - Dr. David Sanders (Casey Family Programs); Commissioner Jerry Milner (ACF -Childrens Bureau; Ann Williamson (Utah State Dept of Human Services); Jess McDonald (@Jess McDonald & Associates); Hon. John Specia (Plunkett, Griesenbeck & Mimari, Inc); Moderated by JooYeun Chang (Casey Family Programs)
Jerry Milner head of Children and Family speaks on changing the system to better work for families.
Panel: Transforming Child Welfare - Dr. David Sanders (Casey Family Programs); Commissioner Jerry Milner (ACF -Childrens Bureau; Ann Williamson (Utah State Dept of Human Services); Jess McDonald (@Jess McDonald & Associates); Hon. John Specia (Plunkett, Griesenbeck & Mimari, Inc); Moderated by JooYeun Chang (Casey Family Programs)
Wolf Signs Bill Expanding Grandparents' Standing in Custody Cases
On May 4, Gov. Tom Wolf signed Act 21 of 2018 into law. Known as SB 844, this act amends two sections of the Pennsylvania Domestic Relations Code with regard to standing in child custody proceedings.
Tuesday, May 22, 2018
Chris Christie named in two lawsuits alleging violations by Family Courts Very Interesting
http://rebelpundit.com/chris-christie-named-in-two-lawsuits-alleging-violations-by-family-courts/
Chris Christie has been named as a defendant in two cases that are part of series of lawsuits across the country where serious concerns about violations of citizens’ rights in family courts are under scrutiny.
Chris Christie has been named as a defendant in two cases that are part of series of lawsuits across the country where serious concerns about violations of citizens’ rights in family courts are under scrutiny.
The problem with family court video
https://www.abc10.com/article/news/local/abc10-originals/the-problem-with-family-court/103-550687204
Family court handles divorces, the division of assets, restraining orders and custody of children.
In most cases, divorcing parents go through the process outside of the courtroom, through mediation.
But high-conflict divorces, when the parties can’t agree, can end up on trial.
Georgia Group Vows to 'Spotlight' Fulton Judge Over Family Court Rulings
"Watchdogs" director William Perry said a recent campaign aimed at alleged "corruption" in the Fulton County Family Court will send volunteers to monitor Judge Belinda Edwards over her rulings in a child custody battle, among other cases.
How Prevention Services Could Help Youth Avoid the Foster Care System
"I’m sharing my story because I didn’t speak up then, but I know I must speak up now."
This New Federal Law Will Change Foster Care As We Know It
https://www.huffingtonpost.com/entry/this-new-federal-law-will-change-foster-care-as-we_us_5ae9d9bce4b048b02a2720cc
Few noticed, but Congress passed a sweeping overhaul of the nation’s troubled foster care system. Child welfare advocates say it will have a dramatic impact on children and their families.
Tuesday, May 15, 2018
Updated PA Attorney List
Pennsylvania Attorneys
Kristen Doleva 610-816-6242
Russell Farbiarz 610-562-2000
Hamburg helped Corrine win
Melissa Rudas 610-814-6204 Bethlehem
Northampton County Good!
Natalie Famous 215-918-3634 Bucks County
Warrington
Andrew Sissinni 814-864-5841 Highly recommended
Shelley Centini 570-829-4860
Civil Law http://www.dyllerlawfirm.com/our-firm
Barry Dyller 570-829-4860 Civil law both are suing
Luzerne County
Brian Doyle West Chester 610-981-1921
Elizabeth M. Srinivasan West Chester 610-981-1921
Kim Lengert Robesonia 484-652-8083
Julie Marburger Reading 610-374-2400
Eric Strand West Chester 610-436-5615
Ryan William McAllister Reading 610-372-5128
Levi Wolf Douglasville 610-323-7436
Ryan L Hyde Exton 484-886-4271
Ryan Buchanan West Chester 610-692-8700-
Ben Picker Radnor Civil Suits 610-341-1099
Richard Ducote Pittsburgh 412-687-2020 email info@ducotelaw.com
Gail Roth Radnor 484-431-3959
Mark Freeman Media 610-565-6180 Good atty
for Elder law
George Mehalchick Scranton 888-536-2426
Shelley Centinti-Wilkes Barre 570-829-4860
Lee Anthony Ciccarelli West Chester
610-692-8700
Michelle Power West Chester 610-692-8700
Linda Walters Oreland 215-836-1142
Allison Gaffen Pittsburg 412-471-9000
Micheal Greenstein Pitt 412-371-4500
Jason Louis Karavias Pitt 412-456-7700
David Shulman Allentown 610-767-4821
Barry Shabbick Palmerton Carbon County
610-826-3122
Victoria Opthof Palmerton 610-826-312
Jennifer Brostmeyer, Hernieisen Erie
814-870-7703
Nancy Schrum Seaer Mifflontown 717-436-2372
Brooks T Thompson Norristown 610-272-9502
Karen Ulmer Pendergast Doylestown
215-804-9995
John Pyfer Willow Street Lancaster
717-299-7342
M Lee Albright Scranton, Harrisburg and Pitt
800-444-5309
Jan Medoff Pitt 412-567-3700
Nelson Berardinelli Pitt 412-626-5565
Leighton Cohen Allentown 610-433-8933
Gerald W Yanity Greensburg 724-832-5310
Patrick McMenamin Landsdale 215-822-1888
Marcus A McKnight Carlisle 717-249-2353
Kimberly Oakes Erie 814-870-7600
Jennifer Grassi Allentown 610-437-7850
Suzanne Aimee de Seife Media/Downingtown
610-420-9431
C J Lyford Lafayette Hill 610-260-4055
Kevin Zlock Langhorne/Doylestown 215-710-8187
Cyrus Shaw Phila 201-264-8354
Michelle Power West Chester 610-696-4760
Phyllis Bookspan Radnor 610-565-620
-Linda Walters Flourtown 215-836-1142
Ryan Hyde Exton 484-886-4271
Jennifer B. Hirnisen Erie 814-870-7703
Tony Ross Pittston 570-654-6499 good criminal
atty
Erica Burns Pittsburgh 412-687-2020
Thomas Clark 717-502-5000 Harrisburg York
Mechanicsburg Dillsburg
Casey Johnson Welsh 717-502-5000 same law
Firm as Thomas Clark
Charles Hobbs 717-793-2398 York and Dauphin
Gary Efstration Lancaster, York, Harrisburg,
Reading, Lititz 717-2919292
King Spry Herman Freund and Faul Bethlehem
610-332-0390
Monday, May 14, 2018
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