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ACHIEVING PERMANENCY AND BUILDING CONNECTIONS FOR OLDER YOUTH:
NORMALIZING THE CHILD WELFARE SYSTEM
Farra Fong, New Mexico Child Advocacy Networks Tara Ford, Pegasus Legal Services for Children
Jenny Pokempner, Juvenile Law Center New Mexico Children’s Law Institute, January 2017
Agenda
■ Introduction
– What is normalcy?
– Why normalcy matters for permanency, well-being, and healthy
development
– Youth engagement in NM policy-making
■ National Trends and Best Practices
■ New Mexico Policy
■ Case examples
INTRODUCTORY INFORMATION
What is Normalcy? ■ “To be normal is to be a typical youth. To be normal is to have limited barriers like
the non-foster care youth you sit next to in class. The ones who only have to go through one set of parents and not everything in their lives are analyzed. Being normal is to have privacy, love and safety provided in the most natural way possible.” — Ashley
■ “My whole life, I just wanted to be normal. Personally, I’ve never been to a homecoming dance or a prom dance.” — Brianna
■ “Normalcy means not being singled out and labeled as a ‘foster youth’ or having the label of ‘troubled teen’ attached to you.” — Crystal
■ “Normal to me is feeling like a part of my new family.” –Sam
What Young People Need to Thrive: Leveraging the Strengthening Families Act to Promote Normalcy 4-5 (Jim Casey Youth Opportunities Initiative 2015), http://goo.gl/EEk6FB
How Do Youth in Care Describe Normalcy?
■ Being part of a caring and supportive family.
■ Developing and cultivating friendships and relationships with caring
adults.
■ Engaging in extracurricular and everyday activities.
■ Being a person, not a label.
■ Making decisions, trying new things and sometimes making mistakes.
What Young People Need to Thrive: Leveraging the Strengthening
Families Act to Promote Normalcy 5 (Jim Casey Youth Opportunities
Initiative 2015), http://goo.gl/EEk6FB
The Importance of Normalcy to Healthy Adolescent Development
■ As adolescents develop their decision-making skills they need opportunities for experiences and relationships that engage them and provide structured support.
■ Adolescents need positive activities to channel the energy and emotions they are experiencing.
■ Adolescents need activities and experiences to explore and experiment with their personal identity.
■ To learn the skills youth need to be successful in the adult world they need opportunities to “practice” that come with support, guidance, and room to fail.
■ Adolescents need to develop supportive social networks to learn what healthy relationships are and to benefit from the tangible and intangible support of these networks (social capital).
Youth Engagement in Policy-Making on Normalcy in New Mexico
NATIONAL TRENDS IN IMPLEMENTATION OF THE NORMALCY
PROVISIONS AND BEST PRACTICES
The Law Promotes Normalcy By Impacting Multiple Parts of the System and Decision-Making
Implementation of the RPP standard in
all placement types.
Provide liability protection to caregivers.
Court oversight of the exercise of the
RPPS.
Court oversight that youth have access to age appropriate
activities.
Consultation with youth in case
planning and in court.
Related Strengthening Families Act (SFA) Requirements that Assist with Achieving Normalcy ■ Reduction of APPLA (improving permanency outcomes)
■ Requirement for youth engagement in case planning and in court*
■ Allowing youth to invite up two people to be involved in case planning who can be advocates around normalcy
■ Requirement for the distribution of a list of rights to youth
*The requirement to consult with youth in court in an age-appropriate way is an existing federal requirement.
Where are States in the Implementation of the Normalcy Provisions?
■ Deadline for implementation of normalcy provisions has passed so all states should at least have law or policy in place.
■ 5 states had normalcy laws prior to the SFA: CA, UT, OH, WA, FL.
■ Many states rushed to pass normalcy laws to comply with federal deadlines and simply replicated federal language.
■ Most states are still:
In the process of implementation of the law.
Developing and revising agency policies.
Training caregivers and stakeholders.
Spreading the word.
Considering additional revisions to law and policy to effectively implement the law.
Best Practice Trends: Develop Clear and Comprehensive Policies ■ Promulgations of detailed policies.
– What is covered—enrichment, extracurricular, social, cultural activities
– What is not covered—education, medical, religious decisions
– Recurring issues—activities w/wheels & weapons, piercing, grooming, tattoos
– Special populations—youth who are LGBTQ, parenting, have a disability
■ Examples:
– Tennessee, Protocol for Reasonable and Prudent Parenting, (child welfare
agency guidance)
https://files.dcs.tn.gov/policies/chap16/ProtocolReasonablePrudentParenting
.pdf.
– Florida, Fla. Admin. Code Ann. R. 65C-30.007 (10)
Best Practice Trends: Training
■ Provide high quality, comprehensive training
– System-wide training
– Case-based, problem solving curriculums
■ Example:
– Tennessee, Contact: Michael Leach,
Best Practice Trends: Communicate the Policy to Stakeholders (“Professionals”)
Provide accessible and usable materials to stakeholders.
Examples:
Florida FAQ, “Don’t Say ‘No’ Before You ‘Know’,”
http://www.centerforchildwelfare.org/kb/normalcy/DontSayNoBeforeYouKnow
2012.pdf
Hawaii FAQ, “Don’t Say ‘No’ Before You ‘Know’: A Guide for Caregivers,”
http://www.epicohana.info/resources/Don't%20Say%20No%20Until%20You%
20Know%20Handout%204-21-16.pdf
New York, “Applying the Reasonable and Prudent Parent Standard: ‘Know’
Before You Say ‘No,’” https://goo.gl/lZIE5K
Best Practice Trends: Communicate the New Policy to Youth
■ Require that youth be notified of the new law/policy.
– Example:
■ Pennsylvania Law, Act 75 of 2015, http://www.legis.state.pa.us/cfdocs/legis/li/uconsCheck.cfm?yr=2015&sessInd=0&act=75
■ Develop youth friendly materials and trainings so youth know about the law and policy and how to use it.
– Examples:
■ Fosterclub Video and Training, https://www.fosterclub.com/training/promoting-normalcy
■ Arizona, Fostering Advocates Arizona, Video and Materials, http://www.fosteringadvocatesarizona.org/normalcyinfostercare/
■ Hawaii, Epic Ohana, Video, http://www.epicohana.info/news.aspx?newsid=46
Best Practice Trends: Ensure Accountability
■ Require that youth and caregivers be surveyed at least annually about youths’ access to age appropriate activities.
– Examples: Iowa, Tennessee
■ Establish a youth friendly grievance policy.
– Example: Georgia, https://www.gascore.com/documents/RPPSYRHandoutPacket.pdf
■ Require that normalcy planning is included in the case plan.
– Example: Pennsylvania, Act 75 of 2015
■ Establish court oversight of normalcy in law and court rules.
– Example: Pennsylvania, 42 Pa. C.S.A. 6351 (f)(12); Pa Juvenile Court Rule 1608 (D)(1)(o) & (p).
NEW MEXICO’S NORMALCY POLICIES
PSD shall make efforts to normalize the lives of children in PSD’s custody and to empower caregivers to approve a child’s participation in activities, based on the caregiver’s own assessment using a reasonable and prudent parent standard, without prior approval of PSD. 8.26.2.13 (5) NMAC.
Foster care providers shall not require advance permission from PSD to apply the Reasonable and Prudent Parent Standard (RPPS) to decisions about the care of a child. 8.26.2.13 (5) NMAC.
In applying the reasonable and prudent parent standard, the foster parent shall consider the following:
1) the desires of the child including, but not limited to, cultural identity, spiritual identity, gender identity, and sexual orientation;
2) the child’s age, maturity and developmental level;
3) potential risk factors and the appropriateness of the activity;
4) the best interests of the child based on the foster care provider’s knowledge of the child;
5) the importance of encouraging the child’s emotional and developmental growth;
6) the terms of any court orders and any case plan applying to the child;
7) the values and preferences of the child’s biological parent or parents, if appropriate;
8) whether the decision would bring about a permanent (e.g. tattoo) rather than a transient change to the child;
9) the importance of providing the child with the most safe and affirming family-like and culturally relevant living experience possible;
10) the legal rights and responsibilities of the child, including the youth bill of rights and responsibilities;
11) The Americans with Disabilities Act
8.26.2.13 (5.1) NMAC.
Age and developmentally appropriate activities that may be the subject of decisions under the RPPS include, but are not limited to, the following:
1) a cultural, social, or enrichment activity or support that fosters positive identity development;
2) a sleepover of one or more nights;
3) participation in sports or social activities, including related travel;
4) obtaining a driver’s license and conditions for driving of a vehicle;
5) allowing the child to travel in other person’s vehicle;
6) possession and use of a cell phone;
7) obtaining a job or working for pay (e.g. babysitting, yard work, etc.);
8) recreational activities (including, but not limited to, such activities as boating, swimming, camping, hunting, cycling, hiking, horseback riding).
8.26.2.13 (5.2) NMAC.
Review of Caregivers Decision: In situations in which a child age 14 or older disagrees with a decision made
under the RPPS, the child shall request a review of the decision in writing.
The decision shall be reviewed by a neutral three-person panel. This process
does not preclude any party from seeking a court order regarding the
decision. 8.26.2.13 (5.5) NMAC.
Best Practices ■ Identify Issues Early
– Activities that are important or interesting to children and youth
– Investigate values important to the young person’s family
– Specifically consider how to support a child’s developing identity
■ Talk about possible conflicts with other parties in the case
■ Use case planning meetings and the case plan to flesh out details and problem solve.
Keep the needs of young people center stage, especially when resolving conflicts!
Case Example: Tiffany Tiffany is 14 years old. She is Navajo and many members of her family are very traditional. She was removed from her mother’s custody as a result of an allegation of abandonment. Tiffany had been couch surfing for a month, staying with friends. Tiffany’s mother would like her to come home but Tiffany does not want to live with her mother because her mother’s boyfriend drinks and is rough with her mom. She also does not want to leave Albuquerque and live with relatives. There were no Native American foster homes available. Based on Tiffany’s position at the custody hearing, the Court found that she was at risk of imminent physical harm due to the boyfriend’s dangerous behavior. The Court also found that there was good cause to depart from the placement preferences based on Tiffany’s preferences, so she was placed with Ann and Bill, who are white foster parents. The adjudication hearing is scheduled in a month. The Tribe had not yet been given notice at the custody hearing. Tiffany came home from school and said that she wants to cut her hair really short. Ann and Bill know that for some members of the Navajo nation, long hair has special significance.
■ Should Ann and Bill let Tiffany cut her hair?
– Why or why not?
– What are the relevant considerations?
Case Example: Tarik You are a foster parent. Tarik is 16 years old and has been in your foster home for six months. He is quiet and stays to himself. You were told that Tarik has a history of running away and depression. While he has generally been following your rules, he has missed curfew a few times and will not tell you where he has been. Tarik is a strong student, but he has been skipping school a lot and you think he may be being bullied. You have an appointment to meet with the school because they are on the verge of filing a truancy petition.
Tarik has recently come out to you as gay. He told you this is the most stable placement he has had and you are the first adult he has told. He tells you that he has been corresponding online with other youth who are gay and lesbian as part of an online support group and peer hang out. He tells you that one of the friends that he met online has invited him to spend the day at the mall with him next weekend.
■ Should you let Tarik go to the mall with his new friend?
– Why or why not?
– What are the relevant considerations?
■ What, if anything, should you do about his access to the internet?
Case Example: Kenny
Your 12-year-old foster son, Kenny, has lived with you for 6 months. He has no
significant behavior problems in your home, but benefits from routine and
positive behavioral reinforcement. He has a mild developmental disability and
receives special education support services at school. Kenny has been invited
to spend the night at his friend’s house tonight. Kenny occasionally wets the
bed but has not had an accident in the last three months. He also has a history
of night terrors but this has not occurred since being placed with you. You have
known the friend’s parents for years. They go to your church and you see them
regularly, but you have never actually been to their home.
■ Should you allow Kenny to spend the night?
– Why or why not?
– What are the relevant considerations?
Case Example: Brooke
Brooke is a junior in high school, and has been living in your home for 4 months. She
has adjusted well in your home and is basically a quiet and easy-going girl. Her grades
are good, all A's and B's, and she has had no problems at school. In the last few days, a
boy has been coming over to your house to see Brooke. He is a 17 year old senior, and
has had his driver’s license for over a year. He seems nice and has been polite to you,
but you really don’t know him or his family. Brooke, who will be 17 next month, has
asked permission to go out alone with this boy on Saturday night. They want to go to a
movie and then just “hang out.”
■ Should you allow Brooke to go out alone with this boy?
– Why or why not?
– What are the relevant considerations?
Contact Information
Farra R. Fong, LMSW, New Mexico Child Advocacy Networks
[email protected], nmCAN.org
Tara Ford, Pegasus Legal Services for Children
[email protected], http://pegasuslaw.org/
Jenny Pokempner, Juvenile Law Center
[email protected], jlc.org