Attorney Training on Implementation of FWSN

ReformsSeptember 21, 2007

Martha Stone, Center for Children’s Advocacy

Christine Rapillo, Office of the Chief Public Defender

Today’s Agenda

• History of the FWSN Law

• Overview of the FWSN Referral System

• Practice Pointers

• Questions & Answers

Family With Service Needs

Definition of FWSN C.G.S.§46b-120(8)

• Runaway without just cause• Beyond control of a parent/guardian• Engaged in indecent/immoral conduct• Truant from school or overtly defies school rules• Age 13 – 15 and has engaged in sexual

intercourse with another person age 13 or older and not more than 2 years older or younger

Definition of FWSN• Old C.G.S. 46b-120(11) Definition of a

Delinquent Act

– any violation of a court order

– this includes violation of FWSN Orders

What did this mean?

A child who is charged with a FWSN violation could end up

in detention....or CJTS!

All of that is about to change!

History of FWSN Changes

• Special Act No. 04-05– required DCF to produce a service plan to

prevent incarceration of female status offenders and delinquent girls.

• Plan for a Continuum of Community Based Services for Adolescent Females Involved in the Juvenile Court System (2004) – CSSD, OCA, DSS, SDE, providers, advocates

and girls collaborated.

History of FWSN Changes

• Girl’s Plan recommended decriminalization of FWSN.

• Legislature passed P.A. 05-250.

Legislative Changes

PA 05-250: CHILDREN OF FAMILIES WITH SERVICE NEEDS

This act prohibits:

(1) holding a child whose family has been adjudicated as a FWSN in juvenile detention or

(2) adjudicating them delinquent solely for violating a court's FWSN order. (Effective 10/1/2007)

Legislative ChangesPA 06-188: Families With Service

Needs Advisory Board

• Board meets regularly • Diverse membership.• Drafted legislation that implements diversion

process. (PA 07-4, Section 30)

P.A. 07-4 sec. 30-33 amended 46b-149(FWSN Statutes)

• New requirements and forms for FWSN referrals– All referrals deemed sufficient for FWSN must be diverted.– Emphasis on non-judicial handling

• Services for FWSN referrals enhanced and expanded.– Family Support Centers– CARE Programs– FWSN Centers

• FWSN violators can be removed from community (detained).– Changes to legally allowable orders for FWSN violators– New facilities and services for violators – Required actions for Imminent Risk

• DCF FWSN Commitment requires judicial finding re: least restrictive environment.

New FWSN Service System

• Family Support CentersMulti-service one-stop: assessment, crisis intervention

and on-site services and treatmentLinkages to other appropriate programs as needed

• CARE Programs (2 girls and 1 boys)Voluntary temporary (2-week) respite Assessment Linkages to home-based/community-based services

• FWSN Centers One 6-bed ADP for girls and One 6-bed ADP for boys

are reallocatedStaff secure program for adjudicated FWSN violators

or those in imminent risk.

Let’s look at a scenario

• Vicky, a 14 year old girl is fighting with mom, running away from home. Family has a history of depression and substance abuse.

• Mom is getting kicked out of her apartment because of all the fighting, comes to court and files a FWSN complaint.

Probation Supervisor

InsufficientSufficient

Refer to FSC w/notice to complainantand DCF Liaison if any of the following exist:•Chronic runaway (missing>2 days,>2 events in last 6 months.•5 of 9 criteria substantiated on referral form by complainant•Two or more prior referrals to the court.(Subject to RM override)

Police, Parent, or other non-school complainant

Dismissed withwritten notice to

Complainant

Refer to JPO

Consult Liaisonand/or case conference

Active DCF CaseOr under 11yo?

YES NO

Supervisor’s Decision

File 136

Refer to DCF Voluntary Svcs.

Refer to Other Services Consult

Supervisor

FWSN REFERRAL DIVERSION PROCESS

Probation Supervisor

InsufficientSufficientDismissed withwritten notice to

Complainant

Refer to JPO

Consult Liaisonand/or case conference

Active DCF CaseOr under 11yo?

YES NO

Supervisor’s Decision

File 136

Refer to DCF Voluntary Svcs.

Refer to Other Services Consult

Supervisor

Judicial Handling Petition filed – JPO assigned

Refer to FSC w/notice to complainantand DCF Liaison if any of the following exist:• 2 prior referrals for FWSN• 4 or more family related criteria in addition to truancy/defiance of school rules• 2 or more years of school absence/failure(Subject to RM override)

School ComplaintFWSN

REFERRAL DIVERSION PROCESS

Complete Interview/Assessment

Juvenile Probation Officer

Notice to Appear to

Family

•5 of 9 criteria in addition to truancy/defiance substantiated through interview?

Including: MAYSI ≥ 3 Warnings &/or IRS ≥ 5

•Multiple yrs. of school absence/failure?

YES

NO

Supervisor Approval

Referral to FSC

Notice to FWSN Liaison/complainant

Consult with FWSN Liaison

Referral to Court-based/ Community Services

Referral to DCF Services

FWSN REFERRAL DIVERSION PROCESS

Bottom Line

Every FWSN referral must be diverted for services.

Family Support Center

Court-based/ Community

Services

No further benefit

JPO

No further benefit

Dismiss

File Petitionw/notice to

liaison

Successful Unsuccessful

Supervisor consult

FWSN REFERRAL DIVERSION PROCESS

Dismiss

Successful Unsuccessful

Supervisor consult

JPO

Refer to Services

Dismiss

Case Conference

What does a Family Support Center Offer?

• Voluntary Services for the Family• Case management and Planning• 24 hour crisis counseling • Family mediation• Residential respite care. (CARE Program)• Educational Advocacy• Psycho-educational and cognitive behavioral

groups and one-on-one sessions

What does a Family Support Center Offer?

FSC makes referrals for:

• Mental Health Treatment

• Substance Abuse Treatment

• Home-based Therapies

Facts

• After meeting with probation, Vicky agrees to go to the respite program while mom looks for another apartment. – She can live at the respite for up to two weeks. – She gets a mental health assessment.– She gets referred for counseling.– She is seen by a doctor and prescribed medication for

clinical depression.– She gets involved in a drug education group. – She and mom have family therapy sessions.

Results

• After two weeks, Vicky goes home with mom.

• She continues to receive services through the Family Support Center for as long as she needs them.

What happens when the services don’t work?

• After a few weeks, Vicky stops going to the FSC and is missing school.

• The FSC intervenes with the family and tries more interventions. Respite care can be tried again.

What happens when the services don’t work?

• If the FSC determines the family can’t benefit from any more services, the file goes back to Probation.

• Probation will reassess and look for other services.

• If there are no other appropriate services, a petition is filed and the child goes to court.

This is where you come in!

Court

10 Day OTC Hearing

Adjudicated FWSNJPO Study/Rec

Family Summoned to Court

Temporary Custody Vested if:• child may harm him/herself• child may runaway• need to hold for other jurisdiction

Not Adjudicated FWSNDismissed & Erased

Refer to Community Based or Other Services prior to adjudication

– Case continued for up to nine months

FWSN JUDICIAL PROCESS

DCF Voluntary Services

FWSN Supervision

YSB/ Community

Service (PSB)

Commit to DCF <18 months – if

less restrictive alternative unavailable

Educational Services at BOE expense (truancy cases)

Written warning of consequences for violations of court orders

Dismissed & Erased

Practice Issues

• The child can’t be placed under orders until he or she is adjudicated so,

Resist the pressure to plead a child out on the first day!

Practice Pointers

• Diversion is the goal of the new FWSN process

– Advocate for the least restrictive service, even after a violation.

Hearing

Violation found

Petition filed alleging violation of court orderPOST ADJUDICATION

PROCESS – VIOLATION OF COURT ORDER

No violation found

Dismissed & Erased

Temporarily place child in staff secure CSSD

facility <45 days w/court review every 15 days

If no less restrictive alternative

appropriate to the needs of the child &

community

Place the child under the

supervision of a probation officer

Commit the child to DCF 18 months

Practice Issues

• If child is placed in staff secure facility-you need to be looking at dispositional options.– It takes about 45 days to be placed residentially.– You should participate in the Case Review Team.

• Children do not have to stay detained to go to placement

• You should be asking for services to maintain the child at home. (if that’s what they want.)

Release to community for services

POST ADJUDICATION

PROCESS – IMMINENT RISK

Commit the child to DCF <18 months

At the end of 45 days

Hearing w/in 24 hrs exc weekends & holidays

Released If not released, child may not be held >45 days w/court review every 15 days

Findings - Based on petition allegations & other verified affirmations –probable cause to believe:• child is in imminent risk of physical harm from surroundings• as a result, the child’s safety is endangered & immediate removal is necessary• no less restrictive alternative is available

Petition filed alleging immediate physical harm

Child placed in staff secure CSSD facility

Practice Issues

• This procedure should only be used in extreme circumstances.

• Child must have been previously adjudicated a FWSN.

• Move quickly to arrange less restrictive placement.

Post Adjudicated Process - Committed

•DCF may seek to extend commitment < 18 months if the court finds:

–Extension is in the best interests of the child–No suitable less restrictive alternative is available

•DCF may seek to discharge a committed child at any time•Committed child or parent may seek to revoke commitment any time but not more than once every six months

FWSN Memorandum of Agreement

The FWSN Memorandum of Agreement signed in 2004between the Department of Children and Families (DCF)and the Judicial Branch, Court Support Services Divisioncommitted to a collaborative approach to meet the needs of

children referred to the Juvenile Court as FWSN.

The two goals of the MOA are:• To provide effective diversion from the juvenile justice

system• To provide speedy and complete access to necessary

services.

Role of the DCF FWSN Liaison

• Consultation and case conferences with Probation.• Track and alert area office and probation if case is

DCF involved.• Assist Probation in diverting non-involved DCF

cases to community collaboratives.

• Participate as a team member of the Family Support Center and Case Review Team.

• Provide training to DCF Area Offices, probation, Court and FWSN service providers.

• Targeting Sub-Populations – Probation will consult with the DCF FWSN Liaison if child

is 11 years old or younger, or family has an open DCF case, or child has significant mental health issues.

– In Truancy cases, DCF FWSN Liaison will review those age 11 or under and if meets criteria for Educational Neglect, file 136. Court Educational Advocate will review all Truancy referrals and make recommendations to JPO.

• Collaborative Meetings– Case Conference held if case is open with, or recently

closed by DCF. Liaison will notify DCF and Probation and schedule meeting.

– Case Review Team will be held prior to FWSN petition being filed. DCF Area Office, school and providers invited if out of home placement is being considered.

INTERAGENCY COLLABORATION

Practice Issues

• You can access the DCF FWSN liaison to provide diversionary services for your client, even after a petition is filed or a violation occurs.

Local ImplementationTraining• Operational “nuts and bolts”• Review and discussion of FWSN service

delivery system

Formation of Local Implementation Teams• Purpose• Structure• Team Leadership• Membership

Practice Issues

• If you are not happy with implementation in your area, ask to participate on the local team.

• Call Kim Sokoloff or Martha Stone

Resources

• Martha Stone, Center for Children’s Advocacy (860) 570-5327

• Kim Sokoloff, CSSD (860) 721-2100

Legislative Changes

PA 07-4: Budget Implementation

Sec. 37. Extended the life of the Board from 12/31/07 to 7/1/08.

Timeline/Next Steps

October: Local Implementation Teams begin monthly meetings including FWSN Service Providers and other members of your community

November - March: Continue Monthly Meetings

January 2008: Team representatives convene with the FWSN MSIT team to report out on progress and challenges