normalcy for children - tacfsrethink visitation. allow relationship building time and activities,...
TRANSCRIPT
Normalcy for Children & Youth in Foster Care
DYLAN MOENCH, STAFF ATTORNEY
SEPTEMBER 10, 2019
Why a Children’s Commission
Supreme Court was convinced that judicial leadership at the highest level was needed for systemic improvement
Court determined:
o child-protection dockets are overcrowded, leaving courts inadequate time to thoughtfully consider the multiple issues these cases present;
o there is a lack of communication, coordination, and collaboration between and among the courts, the Department of Family and Protective Services (the "Department"), attorneys, and partners in the child-protection community;
o judges need specialized, multi-disciplinary training, and the means to develop and share best practices;
o courts lack the technology needed to efficiently manage their dockets and to track and analyze child-protection cases and caseloads;
Why a Children’s Commission
o attorneys representing children, parents, and the Department, need adequate training and fair compensation;
o children in permanent foster care need attorneys and guardians ad litem;
o children, families, and foster parents need to have a voice in decisions that affect their lives and the lives of the children entrusted to their care;
o mediation and non-adversarial family group decision making can be effective means to final resolution and are underutilized throughout the state;
o children in permanent foster care lack adequate family and community support when they age out of the system; and
o communities lack the resources to adequately provide court-ordered services to children, youth and families in the child-welfare system
Funded by Court Improvement Program
Commission Mission and Structure
Mission:
• To strengthen courts for children, youth and families in the child-protection system and thereby improve the safety, permanency, and well-being of children.
Structure:
28 Commissioners
40 Collaborative Council
Members
100+ Committee and Workgroup
Members
Guiding Principle
Child Welfare System reform is a joint effort
Agency does not act alone, cannot remedy in
isolation, unable to change without
understanding and external support.
Judiciary, although powerful cannot make
the best decisions without good
information and input.
Relationships are critical to effective
communication and informed decision-
making.
Presentation Overview
Normalcy Defined
Reasonable and Prudent Parenting
The Importance of Normalcy
Culture v. Activities
Advocating Normalcy
Barriers & Solutions
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DFPS Protective Services Action
March 2012
• An extension and continuation of information provided in PSA 12-071, Extracurricular, Social and Enrichment Activities for Children and Youth in Conservatorship.
November 2013
• DFPS issued PSA 14.025 regarding Normalizing Activities for Children and Youth in Foster Care.
Federal Law
Preventing Sex Trafficking and Strengthening Families Act of 2014
o Required states to implement a “reasonable and prudent parenting standard”
giving foster parents the authority to make day-to-day decisions affecting children
in their care regarding extracurricular, enrichment, cultural, social, or sporting
activities.
Texas adopted a definition of “age-appropriate normalcy activity” as well as a
definition of a “reasonable and prudent parent” effective September 1, 2015.
Age-Appropriate NormalcyActivity Defined
An activity or experience:
o That is generally accepted as suitable for a child's age or level of maturity or that is determined to be developmentally appropriate for a child based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for the age or age group; and
o In which a child who is not in the conservatorship of the state is generally allowed to participate, including extracurricular activities, in-school and out-of-school social activities, cultural and enrichment activities, and employment opportunities.
Texas Family Code Section 264.001(1)
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Reasonable & Prudent ParentStandard of Care DefinedWhat a parent of reasonable judgment, skill, and caution would exercise in addressing the health, safety, and welfare of a child while encouraging the emotional and developmental growth of the child.
Factors to consider:
o overall health and safety of the child;
o child's age, maturity, and development level;
o best interest of the child based on the caregiver's knowledge of the child;
o appropriateness of a proposed activity and any potential risk factors;
o behavioral history of the child and the child's ability to safely participate in a proposed activity;
o importance of encouraging the child's social, emotional and developmental growth; and
o importance of providing the child with the most family-like living experience possible.
Texas Family Code Section 264.001(5)
Objective standard
Intended as a shield not a sword
What is “normal” depends on an individual’s
background and experiences
Law and policy may override normalcy concerns
Reasonable and
Prudent Parenting
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Why is Normalcy Important?
Feeling like part of the family
Reducing stigma
Developing healthy relationships
Encouraging safety
Focusing on individual needs and strengths
Empowering youth voice
Creating opportunities to make mistakes and learn from them
Allowing flexibility for caregivers to use their judgment
What do Youth in Foster Care Think is Normal?
For youth in foster care, normalcy means being like their friends and feeling like part
of a family. This includes:
o Being part of a caring family that supports them.
o Doing the normal daily and extracurricular activities they choose.
o Being a person, not a label.
o Making decisions, trying new things, and sometimes making mistakes.
DFPS Normalcy Training for Foster Parents
In Their Own Words"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 17
“Normal to me is feeling like a part of my new family. I never want to be treated differently
than other people in my home. At the same time, I want to express myself my way.”
-Sam
19
Culture➢ Expectation that foster families / caregivers are trained, understand and embrace
concept (e.g., foster parents must be trained / equipped to interact with bio
families)
➢ Children in care are considered part of the family (eat, sleep, vacation, “live”)
➢ Caregivers understand their exposure to risk and liability so they can make
decisions with confidence
➢ Respecting everyone’s role (foster parents are not placements or contractors)
➢ Caseworkers and attorneys do not visit at school
➢ Communicate about and allow time for goodbyes when children move
Activities➢ List of activities is not limited – whatever is normal for a child who is not in foster
care should be on the table for consideration
➢ Need not be listed in or limited by the service plan
➢ For transitioning youth, practice-oriented skills v classroom learning (cooking, laundry, budgeting)
➢ Understanding rules in a Residential Treatment Center, and acknowledge that normalcy is more difficult in a facility has broad policies or practices for the entire population (getting permission, length of time to obtain)
Rights of Children and Youth in Foster Care (Foster Youth Bill of Rights) ➢ Speak and be spoken to in the child’s own language.
➢ Attend school and get an education that fits the child’s age and individual needs
➢ Have religious needs met
➢ Participate in childhood activities that are appropriate for the child’s age and maturity
➢ Personal care, hygiene, and grooming products and training on how to use them
➢ Comfortable clothing for the child’s age and size which is similar to clothing worn by other children
in the community
➢ Have personal items and gifts at the child’s home
➢ Healthy foods in healthy portions for the child’s age and activity level;
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Understanding the Duties of DFPS
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Best efforts to normalize the lives of
children
Placement stability
Education Stability
Life Skills Training
Normalcy Generally
The department shall use its best efforts to normalize the lives of children in the
managing conservatorship of the department by allowing substitute caregivers,
without the department’s prior approval, to make decisions similar to those a parent
would be entitled to make regarding a child’s participation in age appropriate normalcy
activities.
Texas Family Code Section 264.125
25
Placement Stability
In making placement decisions, the department shall:
o except when making an emergency placement that does not allow time for the
required consultation, consult with the child’s caseworker, attorney ad litem, and
guardian ad litem and with any court appointed volunteer advocate for the child.
Texas Family Code Section 264.107
26
Educational Stability
The department shall develop, in accordance with 42 U.S.C. Section 675, a plan to
ensure the educational stability of a foster child.
Texas Family Code Section 264.1072
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Life Skills Training
The department shall require a foster care provider to provide or assist youth who
are 14 or older in obtaining experiential life-skills and abilities and must include
training in practical activities that include grocery shopping, meal preparation and
cooking, performing basic household tasks, and when appropriate, using public
transportation.
Texas Family Code Section 264.121
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Duties of the Attorney ad Litem
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Meet with the Child
Advise and Represent
Determine the Child’s Educational Needs and Goals
Review the Child’s Well-Being
Child’s Attendance at Court
Practice Tips
Ask early and often about a youth’s interests and desired activities, including at school, church and in the community
Treat a young person as an individual. Take the time to get to know your client and what normalcy means to them
Rethink visitation. Allow relationship building time and activities, including with family, friends, and community members
Be creative in supporting youth’s interests
Encourage the community to engage in the lives of the youth as skill trainers, transportation providers, or support families
Understand and respect normalcy decisions of the caregiver
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Normalcy
Barriers
• Commitment
• Transportation
• Money
Solutions
• Embrace commitment and concept; get trained;
• LYFT or Uber type service; carpooling; public transit services; church bus/van;
• Faith community; Care Portal; Child Welfare Boards, local charities; County Commissioners; Philanthropy
Develop
• Role-based guide on normalcy
Create & Distribute
• Training module to explain normalcy
Revisit & Update
• Existing
normalcy
resources
Next Steps
