BEST COURT REPORTS

BEST COURT REPORTSTOGETHER WE CAN 2020

NOVEMBER 4-6, 2020 VIRTUAL EVENT

Presented by: Curtis Nelson, Deputy Judicial Administrator

Division of Children and Families, Louisiana Supreme Court

This Presentation was in 2016 Prepared by:

Ricketta Cotton, CASA, Advocate Supervisor

Hannah Gettys, DCFS, Foster Care

Leslie Lacy, Attorney, Child Advocacy Program

Curtis Nelson, Assistant District Attorney

Laura Slocum, DCFS, BGC

Goals For Workshop

• To provide you with tips on how to write clear and

concise reports and case plans.

• To enhance your confidence in writing and

submitting reports and case plans.

• To understand the policy and law governing the

preparation of reports and case plans.

• To ensure the best interest of the child is the

priority of the court proceedings.

TIPS ON PREPARING YOUR REPORTS AND CASE PLANS


• Child Advocacy Program

• Keep it Simple

• With multiple cases on the docket, presenting the information in a simple

manner is helpful.

• Also, don’t worry about trying to write like an attorney. Use plain and

concise language.

• CASA Advocate

• Motto: Good notes make good court reports.

• Always take notes during court hearings and FTC/FTM.

• If your documentation is in order then your court report will write itself.

• Record everything and include dates.

• Use clear and concise language.

• Convey facts not feelings.


• DCFS

• Reports should always have agency recommendations (what are

you asking the court for and why).

• Make sure recommendations are clear (do you want to close case

or do you want to continue supervision).

• Depending the stage of the case you can reduce some information

• ex. For court report you may not need extensive information about how

the child entered care, remember, court already has your verified

complaint or safety plan.

• Make sure court report is reviewed by worker and supervisor.


• District Attorney• Remember the Five Ws (What, Who, When, Where, Why).

• This is often mentioned in journalism, research, and police investigations.

• The Five Ws constitutes a formula for getting the complete story on a subject.

• What happened?

• Tell about the abuse/neglect.

• Who is involved?

• Who do we believe is involved with the abuse/neglect.

• When did it take place?

• Dates and times are very important.

• Where did it take place?

• Location of the abuse/neglect.

• Why did that happen?

• What the did the parent/guardian/child tell you.


• Agreement of Panel

• Don’t filter your interviews and quotations.

• We all agreed that it is important to quote exactly what is said

during interviews, FTCs, FTMs, or visits.

• This gives the court and lawyers a real context of what is going on with

the parents, child, or family.

• So use the “F****,S****,H***,D**** words.

• We need to understand the dynamics of this child’s life.

• Remember abuse/neglect can be emotional and mental.

• Don’t be shy in quoting what the parties say in the case.

• We can’t heal the family until we deal with the realities of the family.

Emergency Protective Reports


• Protective Reports-The Law

• LSA-Ch.C. Art. 619. Instanter custody orders; instanter safety plan

orders

• A.(1) A peace officer, district attorney, or employee of the local child

protection unit of the department may file a verified complaint

alleging facts showing that there are reasonable grounds to believe

that the child is in need of care and that emergency removal or the

implementation of a safety plan is necessary to secure the child's

protection.

• What, Who, When, Where, Why???

• What happened to cause abuse/neglect; who caused it and who was affected by the

abuse/neglect (which child); and when did it happen; where did the abuse/neglect

occur; and why should this child(ren) be removed for their safety and/or protection, or

why should a safety plan be put in placed to protect this child(ren).


• Instanter Safety Plan Order-Policy:

• Policy # 4-710,Part II, Section B(2)

• The request for issuance of an instanter safety plan order shall be

formalized by the filing of an affidavit/verified complaint with the court.

• The Instanter Safety Plan Order submitted to the court shall

contain:

• Description of the safety threats

• The safety actions and tasks to control the safety threats

• When the actions and task will occur

• Who will complete the tasks

• Where it will occur

• The safety provider and the method for monitoring the safety action or

task shall be identified in the safety plan presented to the court.


• Affidavit/Verified Complaint-Policy:• Policy # 4-710,Part II, Section D

• The affidavit/verified complaint shall contain:

• The name of the child protective service worker.

• The date the report of abuse/neglect was received by DCFS.

• The name(s) of the child(ren), and the children should be siblings and the allegations for all children must be similar.

• If allegations are not similar for children check your jurisdiction to see if separate affidavit/verified should be filed or if it can all be included in one.

• The names of the parents or caretakers.

• Brief statement of the significant facts, of which the worker has knowledge, which were included in the assessment of safety.

• Statements of grounds, or good cause, for the department’s request for removal.

• Statement documenting efforts to prevent removal, or the existing circumstances indicating there is substantial, immediate danger, which preclude the provision of preventive services.


• DCFS Tips:

• Affidavits should be a clear report to the judge with most of the

pertinent information included early in the report.

• Don’t get bogged down in the details . . . only information

which reflects allegations and continued risk to the child(ren).

• Even complicated facts can be relayed in a few paragraphs.

• Provide your reasonable efforts:

• The court will make a finding of whether DCFS made reasonable efforts

to maintain the child in the home:

• Are there services which would assist the family without removing the child?

• List services, dates and results.

• Ex: purchasing food, locating responsible relatives, utility payments,

psychological/substance abuse evaluation.


• CASA Tips:• The affidavits should echo the information given telephonically to the

judge. Additional information can be given through an addendum.

• Child Advocacy Program Tips:• The role of child’s attorney- to represent the wishes of the child unless

the child is unable to communicate those wishes in which case best interest prevails.

• Be simple and concise because the attorney will have short amount of time to read information to interview client and prepare for hearing.

• Also, state what child(ren) want.

• District Attorney Tips:• Be simple and concise.

• Tell me everyone you interviewed and what they said.

• Be specific about the abuse/neglect.

• What is DCFS recommendation.

• Be specific with your reasonable efforts.

The Case Plan

The Case Plan

• The Law

• LSA-Ch.C. article 673 provides that within 60 days after the child

enters state custody, DFCS shall develop a case plan detailing the

efforts to achieve a permanent placement for the child.

• LSA-Ch.C. article 674 provides that the case plan shall be filed

with the court 10 days before any scheduled disposition,

permanency, or case review hearing.

• Article 674 also provides that DCFS shall mail copies of the case plan to

counsel of record, and certified copy to any unrepresented parent at

their last known address.

• LSA-Ch.C. article 675 provides that the purpose of the case plan

is designed to achieve placement in the least restrictive, most

family like, and most appropriate setting, in close proximity to the

parents, consistent with the best interest and special needs of the

child.

The Case Plan

• DCFS Policy

• 6-810 Legally Mandated Case Plan

• The case plan provides direction for the family, case manager and the

foster caretaker(s), as they work together to ensure the safety of the

child by:

• Eliminating or managing danger/safety threats;

• Enhancing caretaker protective capacities related to the safety threats;

• Reducing risk factors;

• Analyzing safety plan to determine if sufficient change has occurred to make

an in-home safety plan possible;

• Seeking to achieve an alternative permanency option for the child;

• Ensuring the child’s daily care needs are met and to provide for the child’s

well-being while in foster care; and,

• Establishing necessary foster caretaker supports to stabilize placement.

The Case Plan

• DCFS Policy

• 6-815 Staffing Prior to Family Case Planning Meeting

• The staffing is used to review:

• Safety threats;

• Risk factors;

• Caretaker protective capacitities;

• Family’s strengths and needs;

• Reasons the child entered DCFS custody, barriers preventing the child’s

return to the family, and the child’s needs.

• The staffing is conducted with the worker who removed the child from

the home (initial only), the assigned FC case manager(s), supervisor(s),

Child Welfare Manager(s),and others, as appropriate.

The Case Plan

• DCFS Policy• 6-802 Case Plan Goal Establishment and Concurrent Planning

• DCFS policy to ensure every child in foster care has a case plan goal to meet their best interests.

• All case goals are established based on achieving the most permanent plan possible for the child.

• To secure more timely permanency for children in foster care and reduce the time spent in state custody.

• Concurrent planning is used to achieve this goal.

• Permanent plan priorities of placement for a child in need of care are:• Reunification, Adoption, Guardianship, and Alternative Permanent Living

Arrangement (APLA).

• Initial Case Plan Goal: it is critical the child’s family is engaged in establishing the permanency goal. Full disclosure to the parent, child and foster caretakers concerning all options for permanency for the child is critical.

• Concurrent Planning: when there are more severe safety threats and fewer protective factors, it may be appropriate to pursue a concurrent plan from the beginning.

The Case Plan

• DCFS Policy

• 6-802 Case Plan Goal Establishment and Concurrent Planning

• Changing the Case Plan Goal.

• If by the time of nine month permanency planning staffing, it is determined the

child’s parents are not making significant progress and adoption will be

recommended plan, the case manager should attempt to engage the parents

in a voluntary surrender.

• If voluntary surrender is not possible, then the case manager recommends

changing the permanency goal for the child to adoption.

• Once the judge determines that DCFS has made reasonable efforts to

achieve reunification with the family and approves the goal change at 12-

month permanency hearing, the Termination of Parental Rights (TPR) packet

is completed and forwarded to the regional BGC attorney..

• The case manage should periodically readdress voluntary surrender with the

parents while the department pursues involuntary termination through the

court.

The Case Plan

• DCFS Tips:

• In doing the Family Team Meeting/Family Case Meeting

• The following agenda is recommended:

• Welcome/Introductions

• Purpose

• Outcomes

• Non-Negotiables and Confidentiality

• Ground Rules

• Family Story

• Strengths to Achieve Goals

• Identification of Individual and Family Needs

• Brainstorm How Needs Can be Met

• Agree on Who, Will do What, When

• Assess What Can go Wrong

• Next Steps and Closing

The Case Plan

• DCFS Tips:

• Thorough plan for each parent and alleged parent.

• Appropriate housing-that the client can afford and maintain.

• Income-apply for SSI/Disability if they are eligible.

• MH evaluations “follow the recommendations of the provider” and

same for substance abuse.

• Parents should provide proof of attending AA/NA.

• Advise the agency of their whereabouts and mailing address at a

minimum of each month.

• Parent contributions-parent should pay a reasonable amount to

DCFS for the care of the child until support is assessed.

• Scheduled visitation-if parent is noncompliant you may require 24

to 48 hour notice of cancellation.

The Case Plan

• CASA, Child Advocacy Program, District Attorney’s Tips:

• Invite CASA to FTM/FTC in developing the case plan, and be sure

to provide reasonable notice to all parties of the setting of the

FTM/FTC.

• Case plan should be specific to each child and parent.

• Know the facts-when drafting a case plan, it is helpful for the case

manager to know what services are most appropriate to meet the

needs of the child and where those services are currently available

(ex. trauma therapy, speech therapy, vocational training).

• Don’t simply cut and paste.

• Case plan should identify the issues that brought child(ren) into

care and provide realistic goals to alleviate those issues.

The Case Plan

• Case plan should address the need area of the child.

• Identify what DCFS will do and provide to the parents to assist

them in reaching their goals.

• Identify what DCFS will do and provide to the child to ensure the

child’s safety and proper care.

• Identify the type of home or institution in which the child is placed

and the appropriateness of the placement in meeting the child’s

needs.

The Court Report

The Court Report

• CASA Reports

• The Law:

• LSA-Ch.C. article 424.3, CASA; duties:

• Under the supervision of the CASA program, it shall be the duty of a CASA

volunteer to: (1) provide independent, factual information to the court

regarding the children and cases to which they are assigned.

• LSA-Ch.C. article 424.7, CASA; reports:

• A. The CASA program shall submit reports to the court. Except as provided in

Paragraph B, it shall distribute a copy of such reports, prior to or at the same

time it is submitted to the court, to all counsel of record, any unrepresented

party, and the department. CASA submits reports 3 days prior to the

hearing.

The Court Report

• CASA Reports

• Tips Collecting the Necessary Information to Write a Good Report:

• Make contact with a collateral (teacher, foster parent, therapist, case manager).

• Visit child’s school.

• Review child’s school records.

• Do the leg work-”you can’t gather all your information via phone”.

• Remember your role as a CASA

• Investigate

• Facilitate

• Monitor

• Advocate

The Court Report

• CASA Reports

• Reports should be clear, fact-based reports.

• Reports should always be child focused.

• Reports are due to your Advocate Supervisor 15 days prior to court.

• Every 6 months there should be a new/current information in your

court report-in every section. The only section that will always

remain the same is the court intervention section.

• Always attach a recent picture of your CASA child to report.

The Court Report

• CASA Reports

• Focus on the child’s perspective

• How many placements your CASA child has had, any trouble in school,

do they have any mental health issues that need to be addressed, any

current medical/dental needs, and how the visits going with their

parents.

• Is the child acting out? Adjusting? Are they have unusual sleeping or

eating habits?

• Let the Judge know what is going on in their head, heart and life.

• Your recommendations should always be tied to facts that are listed

in the body of your report,

• FAR=Fact, Assessment, Recommendation.

The Court Report

• CASA Reports• Finally Tips on writing your report:

• Follow the court report guide.

• Use full names and titles.

• Use clear and concise language.

• Convey facts not feelings.

• Answer all the questions in each section of the report.

• Use “I” statements.

• Avoid use of pronouns (she, he, they, we).

• Avoid highly emotional language.

• Avoid vague language “I” think she said”

• Do a first draft.

• Talk with your supervisor if you are having trouble.

• Always paint a clear picture for the judge.

• Avoid using bullet points.

• Your reports should be as if the Judge is reading a book. She/he should be able to pick your CASA child out of a crowd.

• Each section should have at least 1 paragraph of current information.

Disposition Report

Disposition Report

• The Law:

• LSA-Ch.C. article 668. Predisposition investigation and report

provides:

• Following adjudication, the court may order a predisposition

investigation. The investigation shall include the circumstances, needs,

and social history of the child and his family, and also the circumstances

surrounding the factual allegations of the petition. It shall also assess

whether the child has an established relationship with a parent,

grandparent, sibling, or other relative which should be preserved in the

best interests of the child . . . A written report of the investigation and

findings shall be submitted to the court prior to the disposition hearing.

Disposition Report

• The Law:

• LSA-Ch.C. article 670, Notice of Predisposition Report and

Examination: prior to or during the disposition hearing, the court

shall advise the petitioner, counsel for the child, and counsel for the

parents of the factual contents and the conclusions of the

predisposition report authorized by Article 668 and any other

reports considered by the court.

• LSA-Ch.C. article 679, Notice; Presence at Disposition: Written

notice of the date, time, and place of the disposition hearing shall

be served . . . on all parties and also counsel of record at least

fifteen days prior to the hearing . . .

Disposition Report

• The Law;

• LSA-Ch.C. article 680, Disposition hearing evidence: The court

shall consider the report of the predisposition investigation, the

case plan . . .

• LSA-Ch.C. article 674, Filing: copies of the case plan shall be filed

with the court ten days before any scheduled disposition . . .

Disposition Report

• DCFS Policy: Foster Care Court Report Format Guide• Date of Report, Court Address, Docket Number, Hearing Date, Hearing

Type (Disposition/Review/Permanency/Status)

• Involved Parties

• Introduction

• Reason Child(ren) Entered Foster Care

• Previous Court Orders

• Brief Summary of Efforts to Achieve Case Goal (List separately for each parent)

• Case Plan (List separately for each parent)

• Current Placement of Child(ren)

• Health of Child(ren)

• Education of Child(ren)

• Independent Living Skills Development for your ages 15 and older

• Visitation

• Relative/Fictive Kin Search

• Overall Assessment of the Case Status and Agency Recommendation

Disposition Report

• CASA, Child Advocacy Program, District Attorney Tips:• The report should briefly refresh the attorneys and court’s memory

why the agency intervened.

• Report new or pertinent information regarding child/family.

• Articulate what actions were taken in light of the new information reported.

• What efforts have the parent(s) made towards reunification and working their case plan.

• What are the child(ren)’s desires at this stage.

• Have any family or fictive kin been located.

• How is the child(ren) doing in their placement.

• What is DCFS concerns with reunification.

• Discuss how case plan will address issues that caused child(ren) to come into care.

• Don’t waste time with a lengthy discussion of how the children came into care, this section can be brief.

Disposition Report

• DCFS Tips:

• Court report should be filed and mailed to all attorneys and parties

10 days before disposition.

• Brief statement of why children came into care.

• Tell where children are placed, how long have they been there,

and is it an adoptive placement.

• Has DCFS explored relative placement, if so, who are the relatives.

• What does the case plan require the parents to do in order to

achieve reunification and what have they completed and/or what

remains outstanding.

Disposition Report

• DCFS Tips:

• General Disposition Recommendations:

• Children maintain in DCFS custody.

• Disposition in effect until child is age 18, or unless or until modified by

the court.

• Approve initial case plan.

• Find DCFS made reasonable efforts to prevent or eliminate removal

pursuant to LSA-Ch.C. article 628(C), and be able to explain what those

efforts were.

• Diligent efforts to notify caregivers.

• Remember you need the court to approve your case plan at this

hearing.

692 Case Review Reports


• The Law

• LSA-Ch.C. article 692. Case review hearings

• A. A review hearing shall be conducted by the court or administrative

review body three months after the disposition hearing if the child

was removed prior to disposition or within six months after the

disposition hearing if the child was removed at disposition, but in

no case more than six months after removal of the child from his

parent(s).

• B. Case reviews shall continue to be held at least once every six

months thereafter until the child is permanently placed, or earlier

upon the motion of a party for good cause shown or upon the court's

own motion.


• The Law

• LSA-Ch.C. article 688. Case review reports; filing

• The custodial agency shall file a case review report with the court or, if appropriate, with the administrative review body ten days prior to every scheduled review hearing. The custodial agency shall also distribute a copy of the report to any court-appointed special advocate (CASA) program involved in the case prior to or at the same time as it is filed with the court or administrative review body.

• LSA-Ch.C. article 689. Case review reports; service

• A. A copy of the report shall be served upon counsel of record either by mail or electronic mail and upon any unrepresented party either by certified mail at his last known address or by the department by electronic mail at the electronic mail address expressly designated by the party in a pleading,at the continued custody or continued safety plan hearing, or at any other hearing at which the party personally appeared before the court prior to or at the same time it is filed with the court.

• B. Service by electronic mail is complete upon transmission but is not effective if the serving party learns the transmission did not reach the party to be served.


• The Law

• LSA-Ch.C. article 690. Case review report purpose; contents

• A. The case review report shall review the status of the child.

• B. The case review report shall address the following:

• (1) The continuing necessity for and appropriateness of the placement.

• (2) The extent of compliance with the case plan.

• (3) The extent of progress which has been made toward alleviating or

mitigating the causes necessitating placement in foster care.

• (4) A likely date by which the child may be returned to the home or

placed for adoption or guardianship of the person of the child.


• DCFS Tips:

• Must file the 2nd case plan 10 days before the hearing.

• The case plans from this point forward must have action steps at the top and progress notes at the bottom to address whether the parents have made or not made progress on each action step.

• Standard Recommendations:• Child(ren) maintained in DCFS custody;

• Approve case plan date (provide most recent date);

• Placement be approved as most appropriate and least restrictive placement;

• Likely target date to review permanency needs to be reviewed by certain date;

• Insufficient progress made to correct what brought the child into foster care;

• Diligent efforts to notify caregivers of right to appear and to be heard;

• Set the next court hearing for 692/702 hearing at the one year mark of the child coming into care.

702 Permanency Reports


• The Law

• LSA-Ch.C. article 702. Permanency hearing

• A. The court shall conduct a permanency hearing, which shall consider in-state and out-of-state permanent placement options for the child, within thirty days of a judicial determination pursuant to Article 672.1 that reunification efforts are not required.

• B. The court shall conduct a permanency hearing within nine months after the disposition hearing if the child was removed prior to disposition or within twelve months if the child was removed at disposition, but in no case more than twelve months after the removal. Permanency reviews shall continue to be held at least once every twelve months thereafter until the child is permanently placed or earlier upon motion of a party for good cause shown or on the court's own motion.


• DCFS Tips:

• Must be held 12 months from removal.

• Must submit report and case plan ten days before the hearing.

• Court must find the agency has made efforts towards finalizing the permanent plan

• Case managers and supervisors must schedule 9 month permanency planning staffing(s).

• Invite BGC (legal).

• Be able to discuss progress made or not made.

• Discuss whether agency wants case plan goal to be changed at 692/702 hearing.

• Identify what reasonable efforts have been made to achieve case plan goal.


• DCFS Tips:

• Important hearing because agency addresses case plan goals,

compelling reasons and reasonable efforts made by the agency.

• Permanency Options:

1. Reunification

2. Adoption

3. Guardianship

4. Legal custody with relative

5. Alternative Permanent Living Arrangement

• Compelling reasons:

• Not necessary if case plan has been changed to adoption.

• If reunification is goal, agency must state compelling reasons.


• DCFS Tips:

• Standard Recommendations:

• Child(ren) maintained in DCFS custody, as there is a continuing need;

• The case plan dated (most recent date) be approved;

• Placement be approved as the most appropriate and least restrictive under the facts of this case;

• Likely target date to review permanency be set;

• Inadequate progress made to correct problem that brought child into custody;

• Diligent efforts made to notify caregiver of right to appear and be heard;

• DCFS is asking that case plan goal of (current status) to be changed to (new status).

• If goal is adoption compelling reasons not needed.

• If goal something else compelling reasons must be giving why that goal is appropriate and why all other goals are not feasible.• Ex. child is bonded to parent, or child does not want to be adopted.

• Ask the court to find that DCFS made reasonable efforts and list those efforts.

Reasonable Efforts

• Reasonable efforts for continued custody and disposition

are the efforts that DCFS made to prevent or eliminate the

need for removal; WHEREAS

• Reasonable efforts for permanency are the efforts that

DCFS made to help achieve the goal that was currently in

place (before it is changed at permanency hearing).

Reasonable Efforts

• Examples of Reasonable Efforts Different Goals

• Reunification

• Individual therapy

• Group Therapy

• Parenting

• Housing voucher

• Protective Daycare

• Adoption

• Child placed in adoptive home

• DCFS prepared TPR packet

• Referred foster parents for dual certification as foster/adoptive parent.

Reasonable Efforts

• Guardianship• Prepared guardianship subsidy

• Referred guardian for foster parent certification

• APLA (Alternative Permanent Living Arrangement)

• Independent Living Services

• Developed Youth Transition Plan

• Explored plan with child for he/she ages out

• Driver’s education

• Assisted with GED

• Assisted with completing college applications/financial aid

Final Thoughts and Q&A

Q&A

BEST COURT REPORTS

Documents

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