Kids Need Their Dads: Addressing the Issue of Nonresident Fathers in the Child Dependency System...

Kids Need Their Dads: Addressing the Issue of

Nonresident Fathers in the Child Dependency System

Fatherhood WorkgroupFatherhood Workgroup

A Preliminary Report to the A Preliminary Report to the State Roundtable of State Roundtable of

PennsylvaniaPennsylvaniaMay 28, 2010May 28, 2010

Harrisburg, PAHarrisburg, PA

The Committee MembersThe Committee MembersJudges & MastersJudges & Masters

Hon. Kim Berkeley ClarkHon. Kim Berkeley Clark

Hon. Scott NausHon. Scott Naus

Hon. Maureen SkerdaHon. Maureen Skerda

Hon. Harold WoelfelHon. Harold Woelfel

Hon. Flora Barth WolfHon. Flora Barth Wolf

AnneMarie CucinottaAnneMarie Cucinotta

AlleghenyAllegheny

ColumbiaColumbia

Warren/ForestWarren/Forest

UnionUnion

PhiladelphiaPhiladelphia

Master/BerksMaster/Berks

MembersMembersChildren & Youth AgenciesChildren & Youth Agencies

Dayna Revay Dayna Revay

Carrie Ann Frolio Carrie Ann Frolio

Lynne Rainey Lynne Rainey

Roberta DavisRoberta Davis

Luann HartmanLuann Hartman

Doug AmeleyDoug Ameley

Anna Caffarelli Anna Caffarelli

Lisa ChambersLisa Chambers

Bill PhiferBill Phifer

BeaverBeaver

YorkYork

BucksBucks

VenangoVenango

VenangoVenango

FranklinFranklin

ChesterChester

AlleghenyAllegheny

AlleghenyAllegheny

MembersMembers

AttorneysAttorneys

Kathleen Williamson,Esq.Kathleen Williamson,Esq.

Robert Scott, Esq. Robert Scott, Esq.

Brian Forsyth, Esq. Brian Forsyth, Esq.

AOPC-OCFCAOPC-OCFC

Sandy MooreSandy Moore

Lynne NapoleonLynne Napoleon

Stephenie StrayerStephenie Strayer

Solicitor-LehighSolicitor-Lehigh

Parent Atty. AlleghenyParent Atty. Allegheny

Clerk to J. Campbell-Clerk to J. Campbell-BerksBerks

MembersMembersOthersOthers

Karen JenkinsLisa PilnikGene Detter Tonya BurgessRoseanne PerryCommissioner HartwickChristine Doty Dan DerrPatrick Quinn, Esq.

American HumaneABAChild Welfare TrainingChild Welfare TrainingDPW-OCYDauphinCASA-Lycoming

Special Guest- Allegheny

Who is the Nonresident Who is the Nonresident Father?Father?

Nonresident fathers are:

Men whose children are involved in the child welfare system

Men who did not live with their children when the suspected abuse or neglect occurred

Often referred to as non-custodial fathersAdvocating for Nonresident Fathers in Child Welfare Court CasesAdvocating for Nonresident Fathers in Child Welfare Court Cases, ABA Center on Children and , ABA Center on Children and the Law, National Quality Improvement Center. Copyright 2009.the Law, National Quality Improvement Center. Copyright 2009.

Goals & ObjectivesGoals & Objectives

Developing Mission & VisionDeveloping Mission & Vision

Creating Protocol for:Creating Protocol for:Establishing PaternityEstablishing PaternityLocating FathersLocating Fathers


Engaging Fathers in:Engaging Fathers in:Case PlanningCase PlanningServicesServicesVisitationVisitation


Engaging Incarcerated Fathers

Developing a Survey to Find Out What’s Going on in Pennsylvania

Fatherhood Mission Fatherhood Mission StatementStatement

KIDS NEED DADS:

Fatherhood Mission Fatherhood Mission StatementStatement

Pennsylvania endorses the positive involvement of fathers & paternal family to protect children, promote strong families, promote child well-being, & provide timely permanence for children.

Fatherhood Vision Fatherhood Vision StatementStatement

Positive connections between children & their fathers are achieved & nurtured by:

Fatherhood Vision Fatherhood Vision StatementStatement

prompt identification, outreach, & engagement in services

that recognize fathers’ unique strengths, &

are tailored to meet each father’s individual needs.

Establishing PaternityEstablishing Paternity

One Father per One Father per Child!!!!!Child!!!!!

Agency ProtocolAgency Protocol

Check BCSE paternity tracking system for acknowledgements of paternity

Check PACSES for orders of support


Ask/interview mother

Ask/interview the child

Check all collateral sources

Court ProtocolCourt Protocol

Establish a legal father—only one per child

Question mother &/or child under oath

Explain to mother the importance of establishing paternity


If no legal father, & alleged father appears, judge should do a colloquy on the record about obligations

Ask him to sign an acknowledgement of paternity or order genetic testing


In cases with a legal father, & paternity is challenged:

Require challenging party to file a motion or petition to seek genetic testing with service upon & notice to the legal father


Never order genetic testing in a case with a legal father, without first disestablishing paternity

Court order should reflect whether paternity has been established &, if not, the reason(s) it has not been established & what efforts, are being made to establish paternity


If paternity has not been established before the adjudication of dependency, but is subsequently established through either acknowledgement or genetic testing, the court should enter an order establishing paternity.


If paternity has not been established, at every court hearing, the court should inquire as to the efforts that have been made to establish paternity.

Locating Fathers


Ask/Interview mother, child, & other relatives

Check PACSES Check with the Armed ForcesComplete a diligent search for

whereaboutsGo to the home (last known

address) & knock on the door


If father has not been located, at every hearing the judge should ask/interview mother, etc. under oath on the record

At every hearing, the judge should ask the agency to place on the record the efforts made to locate the father


When appropriate, the court should require the agency to take affirmative steps to locate the father

The court order should reflect the efforts made or needed to locate the father

Engaging FathersEngaging Fathers

Engagement with a non-custodial father is an

ongoing, strength-based, solution focused process.

It takes more than sending It takes more than sending

him a letter!him a letter!

Engagement Requires a Engagement Requires a Cultural ChangeCultural Change

We must recognize & acknowledge the value of fathers in the lives of their

children.

Leadership from the top is Leadership from the top is needed to accomplish thisneeded to accomplish this.

Engagement in Case Engagement in Case PlanningPlanning

The caseworker visits the father in his home

Father is included in all permanency planning meetings

Once paternity has been established & father has been located, the family service plan is revised to include father

Engagement in Case Engagement in Case PlanningPlanning

Parent attorneys are trained on engaging fathers

Mother is engaged as to the

importance of having father involved

Practices such as Family Group Decision Making are utilized

Engaging Incarcerated Engaging Incarcerated FathersFathers

When possible, the caseworker should visit the incarcerated father to assess needs for services & to assess whether services are available in the jail or prison

In most cases, it is in the child's best interest to visit & maintain contact with a parent who is incarcerated Contact visits are bestContact visits are best


Incarcerated Fathers:

Have the right to participate in the case planning

Should be included in the family service plan

Should have goals tailored to their needs



Have the right, in most cases, to maintain contact with their children while incarcerated

Have the same visitation rights as mothers, under the same circumstances



Should participate in court hearings, which can be accomplished through: Videoconferencing

Teleconferencing

Having him transported to the hearing

Engaging Fathers in Engaging Fathers in VisitationVisitation

Regular visits & contact are in the best interest of the child

At the very least, absent safety considerations, a child's visits or contact after the initiation of a dependency proceeding should be the same or similar as the child's visits or contact with father prior to the dependency proceeding

Engaging Fathers in Engaging Fathers in VisitationVisitation

Fathers should have quality visits

Visits should be structured so that fathers can be active participants & can accommodate the different ways in which parents interact with their children

Supervision should not affect the quality of the visits

Less supervision is best!

RecommendationsRecommendations

Adoption of the Mission & Vision Statements

Approval & adoption of the protocols for establishing paternity & locating fathers

Approval of the concepts & recommendations for engaging fathers in case planning & services


That the workgroup continue & be expanded to:

Thoroughly examine & identify the issues surrounding visits

To develop best practices

To make recommendations with respect to visits for both parents, siblings, grandparents & others


The CPCMS orders should be revised to include check boxes that would require:

A finding of paternity

A finding as to how paternity was established, or

Establishment of paternity


If paternity has not or cannot be established the CPCMS orders should reflect:

The reason(s) that paternity has not been established

What efforts, if any, are being made to establish paternity

Refer these recommendations to the Juvenile Rules Committee


Collection of data thru CPCMS or other means to measure outcomes with respect to father engagement

Survey should be sent out to all 67

jurisdictions to determine current practices/trends

Create a parent handbook to assist all parents in understanding their rights


Work with BCSE to have access to the paternity tracking system. This should be available to all 67 CYF agencies after August 2010

Each jurisdiction should create an agreement or MOU between the court DRS & CYF that would permit DRS to provide PACSES information to CYF

Training Training RecommendationsRecommendations

In 2011, regional training should be held to focus on fatherhood engagement, including establishing paternity, locating fathers, & gender specific communication

Children & youth staff should receive training on locating fathers—agencies should consider hiring &/or assigning dedicated staff to locate fathers

Training Training RecommendationsRecommendations

Training for caseworkers & judges on proper engagement of mothers & others with respect to the inclusion of father in the process

Regular, mandatory cross-systems trainings focusing on aspects of fatherhood engagement

Utilization of Advocating for Nonresident Fathers in Child Welfare Court Cases, as a training tool for parent attorneys

THANK YOU!THANK YOU!

GET INSPIRED!!!GET INSPIRED!!!

http://www.youtube.com/watch?v=nhttp://www.youtube.com/watch?v=nktBsI0PYPsktBsI0PYPs

KNOCK! KNOCK!KNOCK! KNOCK!

By Daniel BeatyBy Daniel Beaty

Kids Need Their Dads: Addressing the Issue of Nonresident Fathers in the Child Dependency System...

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