caf – child welfare presents: fathers in dependency cases¾contact with dcs and/or cbu ¾paternity...

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Fathers in Dependency CasesCAF – Child Welfare presents:

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Presented by:

Stacey DaeschnerCAF Child Protective Services Program Coordinator

KayT GarrettAssistant Attorney General – Department of Justice: Family Law Section

Darcie LaFountaineLead worker/ Juvenile contactState Recovery Central Unit (SRCU)

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Training RoadmapPartner Agencies and ResourcesCategories of Fathers• Legal Fathers and methods for establishing

paternity• Putative Fathers

Caseworker PracticesParentage TestingDCS/DHS RelationshipContact InformationSummary

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Training Resources

This videoQuestion and Answer SessionsSupervisor and CPS QuarterliesProgram ConsultantsDHS website, “Paternity Tools” page

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Why the focus on Dads Now?

2005 LegislationHeightened Awareness of Fathers’

IssuesShift within DHS toward early

resolution of paternity issuesAttention to DHS/DCS Partnership

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GOALProvide you with tools to

identify and include fathers with rightsand to assist with resolution of

paternity issuesAS EARLY AS POSSIBLE

to avoid delays in establishing permanency for children.

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Specific Objectives Identify and define the different types of

fathers

Determine if a father has rights and be able to articulate your opinion to a court

Learn how to provide appropriate notice to and inclusion of fathers with rights

Utilize resources, including the Division of Child Support, to aid in the identification, location, and inclusion of fathers

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Agency Partners in Identifying Fathers with Rights

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Children’s Benefit Unit Child Support Team (CBU)

• Works with both Child Welfare Case Workers & staff within the Division of Child Support.

DHS/CAF Child Welfare Program Consultants

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DHS/CAF Child Welfare Paralegals

Center for Health Statistics (CHS) (AKA “Vital Stats” or “Vital Records”)

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State Recovery Central Unit (SRCU)• Provides child support services solely for state custody

cases for DHS Child Welfare and Oregon Youth Authority

Local DCS Offices• Provide child support services for families receiving

public assistance

Some Local District Attorney Offices• Provide child support services for families who have

never received public assistance

Agency Partners . . .

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SRCU is main contact for DHS workers

(not local DCS offices or local DA offices)


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General Counsel, Human Services Section (HSS)

• Provides legal counsel to DHS/Child Welfare regarding juvenile dependency matters

Family Law Section (FLS)• Provides legal counsel to DHS/Child Welfare

regarding termination of parental rights matters, except in Multnomah County.


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Multnomah County District Attorney’s Office, Juvenile Unit

• Provides legal counsel to DHS/Child Welfare regarding termination of parental rights matters in Multnomah County.

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CATEGORIES OF FATHERS

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Basic categories of fathers:

Legal fathers who have established paternity.

Putative fathers who are alleged biological fathers

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Legal fathers are ALWAYS entitled to rights in the juvenile dependency case.

Putative fathers are SOMETIMESentitled to rights in the juvenile dependency case.

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Who is a Legal Father?Legal fathers are those fathers who have

established paternity.

There are a number of different ways that paternity can be established.

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WHY SHOULD YOU CARE how paternity is established?

Understanding will aid in determination of legal versus putative father

Knowing how a legal father established paternity is necessary to address paternity challenge

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1. PRESUMED LEGAL FATHERA man who is married to the child’s mother at the time of the child's birth

Nothing else required to establish paternity

Legal father even if not the biological father

Disputable presumptionhis paternity can be challenged

Types of Legal Fathers:

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2. A BIOLOGICAL FATHER WHOMARRIES THE CHILD’S MOTHERAFTER BIRTH

Types of Legal Fathers, cont . . .

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3.A BIOLOGICAL FATHER who, along with the mother signs and files a VOLUNTARY ACKNOWLEDGMENT OF PATERNITY


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Voluntary Acknowledgment process appropriate when:

Parents not married (to each other) at time of child’s birth

Mother not married to someone else at time of child’s birth

No “father” is listed on birth certificate

Parents believe dad is biological father (parentage tests not required)

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A Valid Voluntary Acknowledgment Establishes

Paternity for all Purposes.

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To have a valid VOLUNTARY ACKNOWLEDGMENT:

Both parents must sign

Must be notarized (unless signed at hospital within 5 days of child’s birth)

Must be filed with the Center for Health Statistics (“Vital Stats”)

Filing fee must be paid

Parents must be notified of their rights and responsibilities.

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Execution of Voluntary Acknowledgments

Forms can be found• Center for Health Statistics (“Vital Stats”)

Order form included in handouts• Hospitals and Birthing Centers• DHS Self Sufficiency Offices• DCS Offices• DHS Child Welfare Offices• Some Courthouses

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Execution of Voluntary Acknowledgments, cont . . .

Parents’ Rights and Responsibilities

• Parents who enter into and file a Voluntary Acknowledgment assume serious responsibilities

• Recitation of Rights and Responsibilities, on back of form, must be read to parents out loud

• Audio and Video recordings available• Parents may want to consult with attorneys

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DCS has agreed to pay the filing fee for voluntary acknowledgements at DHS’s request.

Use DHS Form 5600 as a cover sheet to provide original voluntary acknowledgment form to DCS/SRCU.

DCS will check the form for accuracy and will file it with the Center for Health Statistics (AKA “Vital Stats”) and pay the filing fee.

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4. A father whose paternity is established by a JUDGMENT OF PATERNITY following filiation proceedings

“Filiation proceedings”are judicial or administrative paternity proceedings


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Judicial Paternity ProceedingsInitiated by mother, alleged father, child,

DCS, DHS as child’s guardianDoesn’t require agreement by the mother

and alleged fatherSometimes will involve parentage tests Results in a judgment of paternity or non-

paternityNOW ALLOWED IN JUVENILE COURT

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DCS’s Administrative Paternity Process

Current Process in DHS Cases:

Automatic referral when child comes into care

DCS/SRCU will contact DHS/CBU or the caseworker to determine if DHS wants to pursue paternity action

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DCS’s Administrative Paternity Process

Paternity Affidavit – Completed by mother– One alleged father– Multiple alleged fathers (“MAF”)

Self Alleged Father (“SAF”)

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Notice of Paternity Action

No Objection Objection or Request for Paternity Testing

Testing

Judgment of Paternity

Judgment of Non-Paternity

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Types of Legal Fathers, cont . . .Summary of type #4, a father whose

paternity is established by a JUDGMENT OF PATERNITY following filiationproceedings

Judgment can be obtained:1. In court, including juvenile court

2. Through DCS’s administrative process, then certified to court

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ICWA defines “parent” to include men who have “acknowledged” paternity

New provision of Oregon’s Juvenile Code defers to applicable tribal law

May require consultation with tribe regarding tribe’s requirements for paternity

Types of Legal Fathers, cont . . . 5. A man who has acknowledged paternity consistent

with applicable tribal law in cases in which the Indian Child Welfare Act (ICWA) applies

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6. ADOPTIVE FATHERS

A man who adopts a child is the child’s legal father.

Adoption Judgment required.


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Examples:

Custody order

Divorce decree

Declaratory actions regarding deceased fathers


7. FATHERS WHO HAVE ESTABLISHED PATERNITY BY OTHER OPERATION OF LAW

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Types of Legal FathersSUMMARY

1. Presumed legal fathers2. Biological fathers who marry child’s mother after

child’s birth3. Biological fathers who, along with mother, sign

and file a voluntary acknowledgment of paternity4. Fathers whose paternity is established by a

judgment of paternity following judicial or administrative “filiation” proceedings

5. In ICWA cases, fathers who acknowledge paternity consistent with tribal law

6. Adoptive fathers7. Fathers whose paternity is established by other

operation of law

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All legal fathers should be listed in a dependency petition

Jurisdictional allegationsReasons, related to father, that juvenile court should assume jurisdiction

Status allegations How father became a legal father

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EXAMPLE of status allegation for LEGAL Father:

“John Smith is the legal father of the child because he was married to the mother at the time of the child’s birth. He is not the child’s biological father.”

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Putative Fathers

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Are alleged biological fathers who have not established paternity.

The degree of an alleged father’s involvement determines which “type”of putative father he is.

Putative Fathers:

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Types of Putative fathers:1. Alleged fathers who have

assumed or attempted to assume responsibilities of parenthood.

Fathers in this category are commonly referred to as“Stanley” putative fathers.

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Parental responsibility may include:Living with the childFinancially supporting the childEstablishing a psychological, parental

relationship with the child

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Stanley putative fathers have full rights in the juvenile

dependency case.

Should be treated as “parents”and should be encouraged to

establish legal paternity.

ORS 419B.875DHS Policy: I-A.4.3: Identifying Legally Recognized Parental

Relationships

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All Stanley putative fathers should be listed in a dependency petition.

Jurisdictional allegationsReasons, related to father, that juvenile court should assume jurisdiction

Status allegations How father became a father with rights; parental responsibility that he has assumed in order to qualify as a “Stanley” putative father

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EXAMPLE of status allegation for Stanley Putative Father:

“Mike Smith is not a legal father, but he is a father who has legal standing. He is a biological father and has assumed responsibilities of parenthood. He has been living with and providing for the child since the child’s birth.”

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Types of Putative fathers: (cont…)

2. Alleged fathers who have not assumed or attempted to assume any parental responsibility.

Fathers in this category are commonly referred to as “Pagan” putative fathers.

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Pagan putative fathers do not have rights in the juvenile dependency case.

They DO NOT have a legally recognized relationship.

Jurisdictional allegations regarding Paganputative fathers should NOT be included in the dependency petition.

Petition can simply state, “child has no legal father”.

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Types of Putative fathers, cont…

3. Other Putative Fathers (“Tweeners”)

Men in this category fall between the Stanley putative type and the Paganputative type of fathers.

Case-by-case consultation is needed to evaluate the status of putative fathers in this category.

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Identifying, Locating, and Notifying Parents with Rights

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Important Clarification, Here …It is possible to have two fathers with a legally recognized relationship:

1. A legal Father, and

2.A Stanley Putative Father (a putative father who has assumed or attempted to assume responsibilities of parenthood)

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Identifying the Fathers or Potential Fathers

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Resources to identify potential fathers:

Father’s questionnaireChild welfare screens – can be retrieved

through IIS and/or FACISBirth browse: (BBCN, BBMN)DCS screen (accessed through IIS) –

SMUX, SMCL, SESR

Self Sufficiency screens – can be retrieved through IIS and/or FACIS and/or TRACS

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Resources to identify potential fathers, cont . . .

Contact with DCS and/or CBU Paternity AffidavitFor out-of-state births, phone call to

identified state’s child support program may be appropriate

Letter to Oregon Center for Health Statistics (AKA: Vital stats) to request birth certificate and response regarding status of filiation proceedings

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Resources to identify potential fathers, cont . . .

OJINMarriage/Divorce RecordsFamily Abuse Prevention Act Orders (FAPA),

also known as “restraining orders”Interview with custodial parent, relatives,

children and/or other collateral (Policy I.AB.7)Interviews with tribal contactsTribal enrollment records

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Note on Resources

Do not use any one resource in isolation

Recognize that with each new piece of information, father’s status may change – be flexible and consider all available information

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Determining whether the child’s father(s) have RightsDHS Policy I-A.4.3, ORS 419B.875; ORS 419A.004(16)

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REMINDER: Which types of fathers have rights?

1. Legal fathers – those who have established paternity.

2. Stanley Putative fathers – remember that not all putative fathers have rights in the dependency case, only those who have assumed or attempted to assume parental responsibility.

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To determine WHO has rights or WHETHER a putative father has rights . . . Use the available resources to determine the legal status of the parent.

Consult with a supervisor, paralegal, program consultant, or designee to assist with determining legal status.

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To determine WHO has rights or WHETHER a putative father has rights . . . For legal fathers, determine how legal status was established.

For putative fathers, know the facts you considered in reaching conclusion about his status

Document the legal status of the parents.

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Important Distinction

Two Separate Issues:

1. Whether a father is one who has rights

AND

2. Whether he is or can be a parenting resource

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Attempting to locate Fathers with rights and/or those who may have rights

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Resources for locating parents:The same resources for identifying parents

(discussed earlier) can be used to locate parents, in addition you can use:

WEBM FIND

WAGE screen

Request for Absent Parent Search (if the parent cannot be found).

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Providing Notification to Fathers

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Providing Notification to Fathers1. During the assessment (I.A.B.4): (30 day

assessment phase)

*These things are required to be given only to LEGAL fathers during the assessment phase*

Notice of CPS process (Pamphlet 1536)Assessment dispositionNotice if child is in substitute care (Pamphlet

9067)

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Providing Notification to Fathers2. To Fathers with rights (legal and Stanley

putative fathers) once a court action is initiated:

Notify of all court hearings

When petition is filed, serve the father with summons and a copy of the juvenile dependency petition (ORS 419B.839)

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Providing Notification to Fathers3. Fathers who potentially have rights may

need to be provided with a “Randolph Jones” letter. The letter:

Advises that DHS is involved with the child

That recipient has been named as a possible biological father

Informs putative father of steps he needs to take to protect or assert rights to the child

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Notifying the Court

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Notify the Court of: 1. The efforts you have made to identify, locate,

and notify the father(s)

2. Rationale for the father’s status as a legally recognized parent, particularly as identified in the Juvenile dependency petition.

This information can and should be provided to the Court in a variety of ways, including, but not limited to:

court reports, protective custody orders, reasonable efforts documents, and 147s.

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Notifying the Court (cont…)

3.Supporting documentationFather’s questionnaire

Birth certificate

Letter to Oregon Center for Health Statistics (AKA: “Vital stats”) inquiring about filiation and response.

Supporting documentation should be provided to court as soon as available

(preferably by date of jurisdiction hearing).

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Resolution of Possible Paternity Issues

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*This is a Change in the Law *

Juvenile Court has authority to address issues of paternity when:

There is no legal father; ORThere is a legal father, but his paternity is in dispute.

ORS 419B.395

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*This is a Change in the Law *

Before the Juvenile Court can enter a judgment of paternity or non-paternity, the court must find that adequate notice and an opportunity to be heard was provided to:

The parties to the juvenile court proceeding.

A man who is alleged or claiming to be the child’s father.

The Division of Child Support (DCS).

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Notification to the Division of Child Support (DCS)DCS/SRCU must be provided with notice whenever the juvenile court is likely to address an issue of paternity. DHS Caseworker should provide initial notice, in writing, using DHS Form 5600. Remember, this notice is required by law before the juvenile court can enter a judgment of paternity or non-paternity.ORS 419B.395.

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DCS/SRCU’s role in juvenile court paternity actions

Upon receiving notice, DCS/SRCU will evaluate whether it has an interest in the case and will file a State’s Appearance in the juvenile court case, notifying the court of DCS’s interest (if any) and information that it has about paternity issues in the case.

Following initial notification, ongoing communication may be necessary depending on the circumstances.

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Paternity Issues you may encounter

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1. What to do if an alleged biological father comes forward and wants to establish paternity when there is no legal father.

If Juvenile Court NOT involved:

Refer to DCS: Provide alleged father with SRCU’s contact informationFacilitate signing and filing of voluntary acknowledgementsSRCU will assist with reviewing, filing and paying filing fee. Provide original to SRCU with DHS Form 5600 as cover sheet.

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What to do if . . . no legal father (cont.)

If Juvenile Court IS involved

Notify court that alleged biological father has come forward (or that other party is now wishing to address paternity)

Notify DCS/SCRU (using DHS Form 5600).

Determine whether you need to contact a General Counsel AAG to assess whether legal representation is needed.

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2. What to do if someone wants to dispute paternity

Juvenile court may have authority over this situation

Notify court if an alleged biological father has come forward or if you have been notified that one of the legal parents wants to dispute paternity.

Notify DCS/SRCU (using DHS Form 5600).

Determine if you need to contact General Counsel AAG to assess whether legal representation is needed.

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2. What to do if . . . paternity dispute (cont.)There are several possible ways to dispute paternity (handout)

Some of these methods may be initiated by DHS if DHS is the guardian of the child. Examples:• Challenges to voluntary acknowledgments

* change in the law *• Challenges to presumed legal father status

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Parentage Tests

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Parentage Tests Basics

1. Parentage tests can be voluntary or, if adequate notice has been provided, the court or DCS as the Administrator can order individuals to participate in testing

2. It is possible and accurate to do a “motherless draw.”

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Facilitation of Parentage Testing

Parentage testing can be facilitated through DCS or DHS

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Facilitated through DCS

DCS will continue to facilitate the establishment of paternity and parentage testing in all child welfare cases, unlessextenuating circumstances exist.

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Facilitated through DHS

In extenuating circumstances, DHS may be able to pay for paternity testing. DHS now has contract with LabCorp.

Supervisor approval required for DHS to pay for parentage testing.

Consult with supervisor to evaluate existence of extenuating circumstances.

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Examples of Extenuating Circumstances

1. DCS is not actively pursuing paternity

2. Court order, ordering DHS to facilitate parentage testing.• Clarify whether DHS is being asked to

facilitate testing or whether DHS is being ordered to pay for testing.

• Before a court can order individuals to participate in testing, the court must find adequate notice provided.

Consult with paralegal or AAG to interpret an order.

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Examples of Extenuating Circumstances (cont.)

3. Parent may soon be unavailable for parentage testing (going to be deported or on active military status).

4. Parents are willing to participate in testing, testing through DCS is not available, and testing has not been court ordered.

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Facilitation of Parentage Testing through DHS

Consult with a supervisor

After considering extenuating circumstances, determine whether DHS should pay for testing

Complete DHS Form 5600 for Parentage Testing

Provide form to LabCorp

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Parentage testing is complete, what do you do now?

Present results to the court

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Judgments of Paternity or Non-Paternity

A court, including a juvenile court, can enter a judgment of paternity or a judgment of non-paternity.

Judgments will be entered consistent with results of parentage testing or other evidence.

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If the court enters a judgment of paternity or a judgment of non-paternity:

Mail a court-certified copy of the judgment to DCS/SRCU.

Use DHS Form 5600 as cover sheet. CANNOT BE FAXED!

Ensure that a copy of the judgment is filed with the Center for Health Statistics (AKA “Vital Stats”). DCS/SRCU will complete this filing.

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Partnership between DHS and DCS in establishing paternity

DCS is responsible for establishing paternity

DCS establishes child support orders

DCS collects child support

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To establish a child support order, paternity must be established.

Parents of children in substitute care generally will be required to pay child support to reimburse the state for debts, including foster care.

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DHS/DCS Partnership Why is a child support order needed?

To hold parents accountable

As reimbursement for resources used by the state

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DHS/DCS Partnership Tools to help create a fair child support order

1. Uniform Income Statement (“Up Front Discovery”) – Child Welfare workers can help encourage clients to return the documents. See handouts for examples.

2. Reduction in child support payments (“Rebuttals”) – Child Welfare workers should provide information to DCS about requirements placed upon the parents for reunification. A rebuttal, to reduce the amount of child support that the parent has to pay, may be appropriate.

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DHS/DCS PartnershipTools to help create a fair child support order

(Cont.)

3. Modification (“Hardship Payment”) – when a child is returned home, the parent may need to request modification for hardship.

4. Contingency Orders – Orders that turn on and off as children move in and out of substitute care. Even if child in parent’s home, parent may be responsible for past support that accrued while child in substitute care.

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DHS/DCS Partnership Requests you may receive from SRCU

Assistance obtaining paternity affidavitAddress/location of parent Parent’s employer information; employment statusCourt-ordered services in which parents are participatingUpcoming court dates

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DHS/DCS Partnership

Communication with DCS/SRCU

Can begin with DHS Form 5600 because DHS anticipates juvenile court will address paternity

Can begin with call to SRCU seeking paternity information

Can begin with request for information from SRCU

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DHS/DCS Partnership

Communication with DCS/SRCU, cont.

Regardless of how or why initial communication occurs, REMAIN IN CONTACT with SRCU.

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Communication with DCS/SRCUConfer with DCS/SRCU regarding child support order (if any). See Policy I.E.7.1

DHS clients should be referred to DCS/SRCU if the clients have questions about their child support orders. DHS workers should not be providing information regarding order amounts to parents.

DHS/Children’s Benefit Unit is an available resource to determine if an exemption or reduction in wage withholding is warranted and, if necessary, will process the request

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Contact InformationDHS/Children’s Benefit Unit Child Support Team (CBU)

(all e-mail addresses available on Group Wise)

Dianne Olson, Child Support Coordinator(503) 945-6865

Michel Fisher, Child Support Specialist(503) 945-5718

Ramona Kline-Mays, Child Support Specialist(503) 945-5661

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Contact Information

Center for Health Statistics (CHS) (AKA “Vital Stats” or “Vital Records”)

Website: http://egov.oregon.gov/DHS/ph/chs/index.shtml

FAQs regarding paternity and birth certificates: http://egov.oregon.gov/DHS/ph/chs/change/paternityfaqs.html

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Contact InformationCenter for Health Statistics (CHS) (AKA “Vital Stats” or “Vital Records”

Laws, Rules, & Regulations; Marriages; and RegistrationsKaren Hampton (971) 673-1160

Filiations; Notification RequestsTony Bojanowski (971) 673-1143

PaternitiesDebora Gott (971) 673-1155

Request for Vital Records Supplies and FormsLinda Reynolds (971) 673-1173FAX (971) 673-1201

Order form is in handouts.

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Contact Information

DCS State Recovery Central Unit (SRCU)

State Recovery Central UnitDivision of Child Support1495 Edgewater St NW, 120Salem, OR 97304Phone: (503) 373-7300 or 986-6033Fax: (503) 986-6289

Darcie LaFountaine1495 Edgewater NW # 120Salem, OR 97304Phone: (503) 986-2501 Fax: (503) [email protected]

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Contact Information

DOJ Human Services Section

Each branch has at least one assigned HSS AAG

Handouts contain current list of county assignments; updates available on DHS Paternity Tools Webpage

Portland HSS Office: (971) 673-1880Salem HSS Office: (503) 947-4540Eugene HSS Office: (541) 686-7554

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Contact Information

DOJ Family Law Section

Each branch has at least one assigned FLS (Termination of Parental Rights) AAG

Handouts contain current list of county assignments; updates available on DHS Paternity Tools Webpage

Portland FLS Office: (971) 673-1880Salem FLS Office: (503) 947-4400Eugene FLS Office: (541) 686-7973

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Contact Information

Multnomah District Attorney’s Office(for TPR cases in Multnomah County)

Multnomah District AttorneyJuvenile Court Office1401 NE 68th Avenue, Suite 2100Portland, OR 97213503-988-3162 (phone)503-988-3311 (fax)

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Take Home Points

Categories of FathersWays to Identify, Locate, and Notify Fathers with RightsResolution of Possible Paternity IssuesFacilitation of Parentage TestsWorking with SRCUAvailable Resources

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End of Presentation

caf – child welfare presents: fathers in dependency cases¾contact with dcs and/or cbu ¾paternity...

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