Poverty Law 2Poverty Law 2

Permanency PlanningAdjunct Professor Monica Bogucki

2013 Copyright

Adoption Assistance and Child

Welfare Act of 1980,

42 U.S.C.section 672

▪Reasonable Efforts to Reunite the child with the parent

▪Many appellate cases on “what are reasonable efforts?”

What is permanency planning?

▪Reunification with Parent▪Long term foster care▪Adoption▪Transfer of legal custody to relative or kin

Adoption and Safe Families Act, Public Law 105-89

42 U.S.C. 671(a)(15)45 Code of Federal Regulations 1355 and 1356 et. seq.

▪What are the implications through ASFA▪“In determining reasonable efforts, the child’s

health and safety shall be the paramount concern.”

Reasonable efforts to reunify are NOT required

under certain circumstances, Minn. Stat.

260.012(a)(1)

▪ For example, if the parent has subjected the child to egregious harm as defined in Minn. Stat. 260C.007 subd. 14

AFSA continued

▪Shortened the permanency time lines▪Minn. Stat. 260C.201 subd. 11a▪Children under 8 years-old must have permanency

planning in 6 months▪Children over 8 years-old must have permanency

planning in 12 months

Case PlansMinn. Stat. 260C.212. Subd.1

▪Case plan must be prepared within 30 days of placement▪Written document▪Explained to the parents▪Include reasons for placement ▪Specific actions and services offered to correct the

problem▪Visitation plan▪Other......

AFSA also provides for

▪Foster parents, relative caretakers and pre- adoptive families must be given notice of court hearings and must be given the opportunity to speak if they attend the court hearing.

Concurrent Planning

▪Minn. Stat. 260C.213▪Achieve early permanency planning for children▪Decrease child’s length of stay in foster care

Use of Family Circles in child protection cases

▪Family circles▪Restorative justice

Juvenile Court SystemFinancial Implications of Permanency

Planning

▪Court▪Long Term Foster Care▪Transfer of Legal Custody Relative ➡

Custody Assistance▪Termination of Parental Rights Adoption ➡

Subsidy▪Family Court Juvenile ▪Transfer of Legal Custody MFIP➡

HYPOTHETICAL

▪Sam is an extremely active 12 year-old boy who has been diagnosed with Attention Deficit Hyperactivity Disorder. Sam was physically and sexually abused by his mother’s boyfriend. Sam was 4 years old at the time of the sexual abuse.

▪Sam is very impulsive and needs constant supervision. He quickly becomes angry and hits his peers, school teachers and care giver. When Sam is angry he destroys things around the house or at school. Sam’s care giver gets phone calls from Sam’s teacher at least once a week and meets with school staff at least twice a month.

▪Recently, Sam has been sexually acting out. Sam wets his bed several times a week. At times, Sam will withdraw and isolate himself for long periods of time.

Foster Care Rates for Sam

▪Sam is assigned 95 difficulty of care points for foster care purposes.

▪Basic daily rate + DOC▪$45.14 per day▪$1354.20 per month

Relative Custody Assistance for Sam/Adoption Subsidy Rates are

almost the same

▪Relative Custody Assistance Minn. Stat. 257.85▪Adoption Subsidy Assist. Minn. Rule 9560.0083▪Basic Assistance Rate $307.00 per month▪Level 2 Supplemental Rate $ 275.00 per month▪Total monthly rate for Relative Custody

Assistance $582.00

Transfer of Legal Custody through Family Court

▪Relative is working and not low income▪Child Only Grant▪Cash Portion $250.00▪Food Portion $178.00▪Monthly Total $428.00

Transfer of Legal Custody through Family Court

▪Relative is receiving MFIP-S and has two minor children and getting custody of Sam, grandchild.

▪Grandchild portion of MFIP grant▪Cash portion $89.00▪Food Portion $129.00▪Monthly portion $218.00

Overview of Financial Implications of Permanency Planning

▪Foster Care $1354.20▪Relative Custody Assistance $582.00▪Adoption Subsidy $582.00▪Child only MFIP grant $428.00▪Add on to MFIP grant $218.00