Fall 08 May 31 08 Foster Care and Permanence Task Force A Report Submitted to: The Honorable Bill Ritter Governor, state of Colorado The Honorable Mary Mullarkey Chief Justice of Colorado Supreme Court The Judiciary Committee The Health and Human Services Committees of the Senate and the House of Representatives The Colorado Sixty- Sixth General Assembly Table of Contents Executive Summary …………………………………………………………… 3 Perspective …………………………………………………………… 3 Charge …………………………………………………………… 3 Membership …………………………………………………………… 4 Process …………………………………………………………… 6 Recommendations …………………………………………………………… 8 Recommendation Narrative …………………………………………………………… 12 Appendixes A: Mapping Worksheets …………………………………………………………… 23 B: Footnoted Mapping Worksheets …………………………………………………………… 77 C: Materials and Presentation List …………………………………………………………… 83 2 Final May 12, 2008 Executive Summary PERSPECTIVE Children served by the foster care system, regardless of their age, are not only coping with the events that lead to their coming into care, but also the personal grief and trauma that accompanies the loss of a family. Without stable relationships and families, too many of these children and young adults may end up facing life‘s challenges and successes alone. The Task Force found the complexity of serving children and their families requires coordination at the state level to ensure the best use of resources and to unify the array of services available to promote child well-being. We believe it is essential to increase the human and monetary investment in Colorado‘s child welfare system in order to appropriately meet the needs of foster children. In addition, whenever possible, communication between biological parents, resource parents and agency workers should be maximized for continuity and mutuality to support children in out-of-home care. It is our vision that the following recommendations will help children maintain their existing attachments if possible, build meaningful new attachments and promote the safety, well-being and permanence of children in Colorado‘s foster care system. CHARGE The Sixty–Sixth General Assembly established the Foster Care and Permanence Task Force to examine the state of Colorado‘s system for the care of children who are removed from their biological parents due to concerns for the safety and well-being of the child(ren). The Task Force was created to study the state‘s foster care (sometimes known as ―out-of-home placement‖) and adoption system to identify problems and concerns and to then identify and recommend solutions to address the concerns identifed. The Task Force was charged to consider the following from statute 26-6-504: a. How to ensure that foster children and adoptive children are placed in homes that become permanent and comfortable homes, thereby reducing the number of children who are moved repeatedly into foster homes and adoptive arrangements; b. How to evaluate the motivations of foster parent applicants to ensure that the applicants are motivated by reasons that are in the best interest of children; c. How to encourage retention of foster parents who practice foster care for reasons that are good for children; 3 Final May 12, 2008 d. How to provide foster parents or adoptive parents with all available information about a foster child‘s behavior before the child is placed with the foster or adoptive parents, including contact information for the child‘s previous foster or adoptive parents; e. How to ensure that adoption subsidies remain sufficent to meet the needs of an adoptive child and his or her adoptive parents as the child grows older; f. How to improve the rate of permanency among individuals who are at least fourteen years of age but younger then twenty – four years of age who are in the state foster care system or in residential placement; and g. Create a process to mediate conflicts between foster or adoptive parents, and child placement agencies, biological parents or county departments. MEMBERSHIP The Task Force consists of the following appointed members:  Honorable K. Jerry Frangas: to serve as a member of the general assembly.  Honorable Moe Keller: to serve as a member of the general assembly.  Sister Michael Delores Allegri: to serve as a foster parent who is a member of a statewide foster parent organization.  Cyril “Skip” A. Barber, Ph.D.: to serve as a representative of a non-profit that advocates for child welfare services.  Ember E. Beamon: to serve as a former foster child.  Adoree L. Blair: to serve as an foster parent who is a member of a statewide foster parent association.  Sherry A. Caloia: to serve as a foster parent who is a member of a statewide foster parent organization.  Deborah L. Cave: to serve as an adoptive parent who is a member of a statewide adoptive parent association.  Kippi Clausen: served as the faciliator of the Task Force.  Daryle L. Conquering Bear: to serve as a former foster child.  Sheri Danz: to serve as a representative of the Judicial Branch of Government.  Suzanne Dosh: to serve as a representative for a non-profit or not-for-profit organization that coordinates the efforts of and advocates for, agencies that provide child foster care placement services. 4 Final May 12, 2008  Sharen E. Ford, Ph.D.: to serve as a representative from the state department who has significant knowledge of foster care and adoption issues.  David K. Henson: to serve as a representative of a county department of social services.  Carol A. Lawson: to serve as representative for a non-profit or not-for-profit organization that recruits families for children who have survived abuse and neglect, supports adoptive families throughout the adoption process, and trains child welfare professionals.  Andi Leopoldus: to serve as a representative for a non-profit or not-for-profit organization that coordinates the efforts of and advocates for, agencies that provide child foster care placement services.  Paula K. McKey: to serve as a representative of a county department of social services.  M.A. “Bunny” Nicholson: to serve as a representative of a non-profit or not-for- profit that provides clinical services, training, education and consultation programs to prevent and treat child abuse and neglect.  Sarah Padbury: to serve as an adoptive parent who is not a member of a statewide adoptive parent association.  Marlin D. Peterson: to serve as a foster parent who is not a member of a foster parent association.  Shari F.Shink: to serve as a representative of a non-profit or not for profit that provides legal services for at –risk and maltreated children.  Jim Snyder: to serve in the role of the executive director‘s desingee.  Jerri J. Spear: to serve as a representative of a county department of social services.  Heather N. Taussig: to serve as a community child advocate.  Ted Trujillo: to serve in the role of the executive director‘s designee.  Jessica L. Yost: to serve as a former foster child.  Claudia A. Zundel: to serve as a representative of the Division of Mental Health in the state department and has significant knowledge of infants‘ and young children‘s mental health issues. 5 Final May 12, 2008 PROCESS The Foster Care and Permanency Task Force met from July 2007 through May 2008. The Task Force was divided into three subcommittees to focus more specifically on the legislatively defined tasks. The duties of the subcommittees and members are as follows. Systems Subcommittee  Duties: a. 26-6-504 – 3. consult with the department to consider actions the department may take for the purpose of complying with the measures of federal child and family service review pursuant to §42 U.S.C sec 1320a -2a; b. 26-6-504 – 4 g. mediate conflicts between foster or adoptive parents and child placement agencies, biological parents or county departments; c. Explore best practices and promising approaches, cultural competency, kinship, support systems, accountability and caseworker loads and training.  Members: Adoree Blair Joycee Kennedy Sheri Danz Cheryl Miller John Faught Bunny Nicholson Sharen Ford Shari Shink Toni Gray Lindsey Zimmerman Andi Leopoldus - Chair Caregiver Subcommittee  Duties: a. 26-6-504 – 4 a. ensure that foster children and adoptive children are placed in homes that become permanent and comfortable homes, thereby reducing the number of children who are moved repeatedly into foster homes and adoptive arrangement; b. 26-6-504 – 4 b. how to evaluate the motivations of foster parent applicants to ensure that the applicants are motivated by reasons that are in the best interest of children; c. 26-6-504 – 4 c. how to encourage retention of foster parent who practice foster care for reasons that are good for children; d. 26-6-504 – 4 d. how to provide foster or adoptive parents with all the available information about a foster child‘s behavior before the child is 6 Final May 12, 2008 placed with the foster or adoptive parents, including contact information for the child‘s previous foster or adoptive parents; e. Explore recruitment, retention, training and support services for foster parents, defining kinship care, biological parents and practice standards and subsidy. f. Attention should be given to the three types of foster caregivers:  Foster families with no intent to adopt  Foster families with an intent to adopt  Foster families who have adopted  Members: Sister Michael Delores Allegri Carol Lawson Adoree Blair Paula McKey Sheri Danz Sarah Padbury – Chair Suzanne Dosh Sue Thibault Honorable Jerry Frangas Constance Vigil Mary Griffin Child Well-being and Permanency Subcommittee  Duties: a. 26-6-504 – 4 e. how to ensure that adoption subsidies remain sufficient to meet the needs of an adoptive child and his or her adoptive parent as the child grows older; b. 26-6-504 – 4 f. how to improve the rate of permanency among individuals who are at least fourteen years of age but younger then twenty-four years of age and who are in the state foster care system or in placement in residential placements; c. Explore barriers, support services and adoption.  Members: Skip Barber Marlin Peterson Ember Beamon Paula Pickle Deborah Cave - Chair Peg Rudden Honorable Moe Keller Heather Taussig Cheryl Miller Constance Vigil Amy Naes Rachel Yarbrough Glossary of Terms BHO: Behavioral Health Organization CDHS: Colorado Department of Human Services CPA: Child Placement Agency HCPF: Health Care Policy and Financing Resource parents: foster parents, foster-adopt parents, prospective adoptive parents, and certified kinship parents. 7 Final May 12, 2008 Recommendations The Foster Care and Permanence Task Force considered the strength of the current system and the quality work currently being done within the state and counties, and identified ways to improve the design, delivery, and outcomes for children in foster care and their families. We make the following recommendations: RECOMMENDATION 1: Provide mental health screenings, evaluations and services for all children who are the subject of a substantiated case of child abuse and neglect. Offer to and provide mental health services to biological parents, resource parents, caregivers, siblings and other children and youth involved in the child welfare system. Mental health services should be accessible, timely, consistent, culturally appropriate, geographically/ community based, and promote evidence-based practices. RECOMMENDATION 2: Require public schools to assist in the educational success of foster children. RECOMMENDATION 3: All pre-foster and pre-adoptive and pre-foster-adopt as well as pre-certified and uncertified kinship families in Colorado should be trained using the PRIDE precertification method of training. RECOMMENDATION 4: Reduce the time for all revocation of relinquishment of parental rights to 21 days, consistent with the time for appeals of termination of parental rights set by Court of Appeal Rule 3.4 (b). RECOMMENDATION 5: (a) Support the Colorado Department of Human Services in strengthening its existing enforcement mechanisms for oversight of counties‘ compliance with the rules promulgated by the State Board of Human Services (Volume 7 and other related rules). (b) Conduct a workload study for county caseworkers and state agencies and recommend workloads that reasonably and realistically support caseworker compliance with CDHS rules and CDHS‘s ability to enforce rules. RECOMMENDATION 6: All county departments of human/social services need to create strategies and plans for the provision of foster care homes for children who reside in their counties who are in need of out-of-home placement. RECOMMENDATION 7: Make resource parents full team members in the planning and implementing of a foster child‘s permanency plan. RECOMMENDATION 8: Colorado will increase resource parents‘ financial reimbursement to the most current Foster Care MARC recommendation and will maintain its foster care reimbursement rates to remain consistent over time with the most current national standard for reimbursement. RECOMMENDATION 9: (a)The Colorado Department of Human Services, county departments of human/social services and Child Placement Agencies will improve the quality of training and increase the frequency of support available for resource parents. (b) Certified and non-certified kinship parents should be offered the same training and support as all resource parents in addition to specialized training for kin. 8 Final May 12, 2008 RECOMMENDATION 10: Recruit an increased number of resource parents to meet the needs of children in out-of-home placement. RECOMMENDATION 11: Youth will be adequately prepared for emancipation and appropriately supported during their transition to emancipation. RECOMMENDATION 12: If a child/youth is adopted from the child welfare system and is challenged by mental illness or emotional issues, and is unsafe to either himself/herself and/or to other family members in the home, and the county takes custody of the child/youth to provide out-of-home placement for the purposes of obtaining special treatment or care solely because the parent or legal guardian is unable to provide the treatment or care, the adoptive family should be informed in a timely manner both verbally and in writing of legal adjudication options prior to any adjudication. RECOMMENDATION 13: Provide increased support and services to kinship caregivers for children in out-of-home placements. RECOMMENDATION 14: (a) Strengthen the adoption subsidy regulations that detail the process for both the initial negotiation as well as re-negotiations, to ensure that counties negotiate with pre- and post-adoptive families in good faith, taking into consideration the needs of the child and the circumstances of the family. (b) Conduct an annual adoption subsidy rate review and make public by December 31st of each year in accordance with the Office of the State Auditor‘s 2002 audit recommendations. RECOMMENDATION 15: (a) If after a caseworker has completed the Colorado Safety Assessment (described in 12 CCR 2509-3, Volume 7, Section 7.202.53, ―Safety Plan Rule‖), a viable safety plan cannot be implemented, and the child(ren) is not safe in his/her current environment and must be removed, then it is recommended that the county initiate legal proceedings appropriate to ensure safety issues of the child. (b) The Colorado Department of Human Services should create formal trainings for county workers on how to utilize and implement the Colorado Safety Assessment Instrument. RECOMMENDATION 16: (a) Create a process to allow caseworkers electronic access to all completed county and CPA foster-adopt and pre-adoptive home studies, regardless of county affiliation, to more quickly facilitate the adoption of Colorado‘s children. (b) In the preparation of foster-adopt and pre-adoptive parents, CDHS should determine a set reimbursement fee when the home study is transferred between agencies for the purpose of a child being placed for adoption. 9 Final May 12, 2008 OVERVIEW OF RECOMMENDATIONS Charge Recommendation Legislative - Rule Cost a b c d e f g RECOMMENDATION 1: Provide mental health screenings, evaluations and services for all children who are the subject of a substantiated case of child abuse and neglect. Offer to and provide mental health services to biological parents, resource parents, caregivers, siblings and other children and youth involved in the child welfare system. Mental health services should be x x x x Legislative $ accessible, timely, consistent, culturally appropriate, geographically/ community based, and promote evidence-based practices. RECOMMENDATION 2: Require public schools to assist in the educational success of foster children. x Legislative RECOMMENDATION 3: . All pre-foster and pre-adoptive and pre-foster-adopt as well as pre-certified and uncertified kinship families in Colorado should be trained using the PRIDE precertification method of training . x x x x Legislative $ RECOMMENDATION 4 : Reduce the time for all re vocation of relinquishment of parental rights to 21 days, consistent with the time for appeals of termination of parental rights set by Court of Appeal Rule 3.4 (b). x x Legislative RECOMMENDATION 5 (a) Support the Colorado Department of Human Services in strengthening its existing enforcement mechanisms for oversight of counties‘ compliance with the rules promulgated by the State Board of Human Services (Volume 7 and other related rules). (b) Conduct a workload study for county caseworkers and stat e agencies and recommend workloads that x x x x x x x Rule $ reasonably and realistically support caseworker compliance with CDHS rules and CDHS‘s ability to enforce rules. RECOMMENDATION 6: All county department of human/social services need to create strategies and plans for the provision of foster care homes for children who reside in their counties who are in need ofo ut-of-home x x None placement. RECOMMENDATION 7: Make resource prarents full team members in the planning and implementing of a foster child‘s permanency plan. x x x x x x Rule $ RECOMMENDATION 8: Colorado will increase resource parents‘ financial reimbursement to the most current Foster Care MARC recommendation and will maintain its foster care reimbursement rates to remain consistent over time x x x Legislative and Rule $ with the most current national standard for reimbursement.