Is the Child’s Therapist Part of the Problem? What Judges, Attorneys, and Mental HealthProfessionals Need to Know About Court-related Treatment for ChildrenLYN R. GREENBERG, PH.D.*, JONATHAN W. GOULD,PH.D.**, DIANNA J. GOULD-SALTMAN, ESQ.***,PHILIP M. STAHL, PH.D.****I.
Family Law Quarterly
TRAUMA: What Child Welfare Attorneys Should KnowTABLE
If the child is removed, request a copy of the family’s prevention plan to review what the agency offered and whether reasonable efforts have been made to prevent removal (if necessary, request through the discovery process). If reasonable efforts were not made, request a “no reasonable efforts” finding at the first hearing, and an order returning the child to the family with appro-priate services
BOOOOOOMMMM....END OF STORY
"request "no reasonable efforts" finding and order returning the child to family with appropriate services"
Using the Family First Prevention Services Act to Strengthen Reasonable Efforts Determinations
While frequently overlooked in practice, the right to maintain a relationship with oneʼs parents isfundamental to a childʼs best interest.
Dependency and neglect proceedings in child welfare are extremely serious, holding the gravityof parents possibly losing all custody and contact with their children.
Lawyers bill the ORPC for their work and also requestother resources from the ORPC, such as social workers, investigators, and experts
The Office ofRespondent Parentsʼ Counsel (ORPC) is an independent governmental agency within the Stateof Colorado Judicial Branch and has been vested with the oversight and administration ofRespondent Parentsʼ Counsel representation in Colorado since July 1, 2016
In dependency and neglect cases (also known as “child welfare” or “child protection” cases), theRespondent Parentsʼ Counsel (RPC) plays a critical role in protecting the constitutional and otherlegal rights of parents. Pursuant to statutory guidelines in C.R.S. § 13-92-101(1)(a), the RPChelps to achieve the best outcomes for children by providing effective legal representation forparents which includes protecting due process, presenting balanced information to the judgeand promoting the preservation of family relationships.
Colorado, the statewide officeoverseeing parents’ representation has incorporated social workers into their practice utilizingcontracted social workers who are supervised by a staff social work program coordinator.37
While attorneys for parents and children must becompetent litigators with knowledge of the law and rules of procedure and evidence, researchhas shown that children’s and parents’ attorneys work out of the court is as important asattorneys’ formal courtroom advocacy.22 Parents’ and children’s attorneys must spend significanttime with clients to build a trusting and supportive relationships, to understand the clients’ goals,and to counsel clients on all legal matters.23 This relationship building can require expertise inchild development, trauma, motivational interviewing, and cultural humility
CB strongly encourages all title IV-E agencies toapproach CFSR Round four with strong representation and active involvement in all aspects ofthe CFSR process, from members of their child and parent attorney bar in addition to agencylegal representation, judges, court administrators, and CIP.
No state achieved substantial conformity on Permanency Outcome 2: The Continuity ofFamily Relationships and Connections is Preserved for Children.
These critically important studies provide robust evidence consistent with existing research thathas found that enhanced parent representation leads to increased reunification and fasterpermanency for children.15CB strongly urges all title IV-E agencies to actively pursue utilization of title IV-E funding tocreate, expand and sustain models of multi-disciplinary representation for children in title IV-Efoster care, candidates for title IV-E foster care and their parents
Question 30. May a title IV-E agency claim title IV-E administrative costs for attorneys to provide legal representation for the title IV-E agency, a candidate for title IV-E foster care or a title IV-E eligible child in foster care and the child's parents to prepare for and participate in all stages of foster care related legal proceedings? Answer Yes. The statute at section 474(a)(3) of the Act and regulations at 45 CFR 1356.60(c) specify that Federal financial participation (FFP) is available at the rate of 50% for administrative expenditures necessary for the proper and efficient administration of the title IV-E plan. The title IV-E agency's representation in judicial determinations continues to be an allowable administrative cost. Previous policy prohibited the agency from claiming title IV-E administrative costs for legal services provided by an attorney representing a child or parent. This policy is revised to allow the title IV-E agency to claim title IV-E administrative costs of independent legal representation by an attorney for a child who is a candidate for title IV-E foster care or in foster care and his/her parent to prepare for and participate in all stages of foster care legal proceedings, such as court hearings related to a child's removal from the home. These administrative costs of legal representation must be paid through the title IV-E agency. This change in policy will ensure that, among other things: reasonable efforts are made to prevent removal and finalize the permanency plan; and parents and youth are engaged in and complying with case plans.
trauma reenactment narrative is by getting the child manipulating the child convincing the child to adopt the victimized child role within that trauma reenactment there and so all we have to do is get the child to believe that the
This ominous realization did not occur and come together for me until just now:
Kate's influence did not start with Kate directly. It would have started with her son Liam. I've not recognized until now the likely significant role he plays in this. He is her son. He would have already been fully traumatized by Kate or by the situation with his dad, depending on if it existed, but if it did or didn't, the fear/abandonment/insecure attachment disorder would be entrenched in both Kate and Liam and they would be reinforcing it in each other. Rhyanna working with Liam at Subway would have been the first contact in which casual conversation would begin the subtle campaign by Liam via trauma reenactment (and also fueled by being a teenage boy meets girl savior/peacocking mentality) that at first innocuously and then overtly was showing (manipulating into false belief) that she is victimized. Liam then notifies Mom of "the recruit", probably a genuine felt statement like "Mom, there's this girl at work and it sounds like she's going through what we went through and we could help her". Then Mom [Kate], which we know this happened, took the initiative to contact her (or told Liam to bring her over to the house to hangout so she could then introduce herself and have 'a talk' with her). Phone numbers were shared, instructions to not let Dad know where they lived were given, taking out to dinners were done, sharing of "stories about my husband we don't tell other people so please don't share this" were given about "my dangerous psychotic husband that Liam and I had to flee from and go on the run because the system couldn't save us so we had to act outside it". This matches the dynamic and origination story of every cult/radical "church"/scientology/NXIVM story I know and it is the same dynamic whether it's the pathogenic parent or pathogenic adult influence which in this way has an extra component of evolution. Ie, the pathogenic adult has created/obtained a pathogenic "victimized" subordinate follower. The follower then acts as a relatable/ice-breaking recruiter that has the effect on the target of " they're my peer, they're like me, I can therefore trust the accuracy of what they're saying more and am more willing to listen". Then when the follower eventually introduces the pathogenic adult, the critical judgement defence of the target is suppressed/ignored because the target has made the naive judgment error that since I believe and feel trusting in this peer, I can put that trust into someone he is introducing me too. And because that person is "the adult in the room" this person instantly gets, erroneously, the elevated security clearance in the target's mind that this person is a "trusted"+"adult"+"who understands me"+"has my best interest"+"and knows what I need". Additionally, when speaking with this adult, should the target's defense mechanisms of critical judgement start turning on, the target then looks to a reference point to "reality test", and the follower, Liam, is immediately on hand and present almost daily to act as that reference point nodding reassuringly when the target glances over [literally or metaphorically]. ..... Combine this with a parent who is getting sicker and sicker, who's observably by the child who knows her father well can tell his fear, anxiety (particularly regarding his ability to provide for them both), and sadness because of his non-improving sickness from a mysterious unknown deadly pandemic disease, a parent who is the SOLE parent and there is no second parent to reality test against and get reassuring grounded perspective (ie you are not victimized, dad isn't going to kill himself, yes this is a tough situation but we and you are not a victim and this is not a Hallmark/teen drama, and tough situations like this have long been and are a prolific part of human life and we can more than handle this situation and frankly will serve to accelerate your empowered growth and deeper understanding, meaning, passion, joy of life and further shedding of vulnerability to irrational and mismanagement of uncontrollable fear as a general skill set in your personal quiver. This all is the loss of the second, of which there may only be 2, fundamental defense mechanisms to safeguard a child's sound critical analytical/judgement skills. It is easy to empathize with a child's daily living experience, especially an adolescent, how these are the 2 mechanisms which are functioning by which they are consuming and assembling all new knowledge and understanding. #1 They first use their incumbent developed analytical/judgement skills to self analyze a concept or problem or question. #2 They verify that determination with their trusted source of truth and protection, ie their parents (a reality test). Perhaps this at the root of the common report "teenagers think they know everything". It's probably the first time the first mechanism is developed strongly enough to feel like it can safely be used in its own. And in being the first time, many errors will be made and in many of those errors the use of verification of mechanism 2 will not be used. An ill unimproving parent will exacerbate the error to not use mechanism 2. Fear and anxiety will exacerbate errors in mechanism number 1. Severity of those insults would proportionally affect the rate of error. Malfunctions in both mechanisms would have a multiplicative effect on damaging erroneous conclusions the child arrives at and the damage further choices on those erroneous conclusions causes. Then when the "virus" of the narcissistic/BLP cross generational shared persecutory delusion boundary violation gains entry into this now much increased "analytically vulnerable" child, it has the critically added effect of disabling mechanism 2 since the patent now becomes "all bad [splitting]". ..... Then ..... add to this child a history that she is a survivor, albeit exceptionally so, of incurring the pain and largely successful battle for separation from a very narcissistic mother and the family that produced that narcissism in her mother. The entire repercussions of that I am not sure, but relevant here is I think that means my child's developmental reality has a biased understanding and emotional sensitivity to the fear that a parent "I thought was normal, changed into a monster" and second "I fully believed a truth about the 1 of 2 people I trusted and depend on the most, and I was wrong. How can I trust my own conclusions now if I can't trust my own analytical and emotional judgement abilities?". No doubt also a fear and anxiety upregulating mechanism in and if itself, as well as providing a data point which can add confusion to a child frantically looking for understanding and/or can be leveraged to falsely rationalize the false narrative is correct especially when the pain of the truth is building and she is looking for any tool to suppress confronting that pain.
Then, as Rhyanna further looks for, or rather it is imposed onto her, the naive drama thirsty peer group, whom many know Liam and Kate, and whom with very good intention but naivety of teenagers who in Boulder Colorado are conditioned to both be very helpful and that money and wealth (like them) combined with middle aged Caucasian combined with a "Boulderite" personality with an air of non-confrontational superiority and cancel-culture tendencies is the equivalent of "insightful, wise, holder of truth, and generally the definition of what is good, righteous, and hold the authority to declare whom is bad and further that it is expected that they will declare whom is good and bad and that action further validates that they are and have such authorities" in these teenagers minds reenforces this false truth as accurate.. Then the school, then CIRT team "mental health professionals", then the mental health hospital centennial peaks, then Boulder county child welfare via multiple staff, then the court and the judge personally all buy in and propagate this false truth and reinforce it overtly or indirectly overtly, and some propagate it by simply ignoring and not speaking out against or in questioning validity, all reinforcing this false truth. ..... And given all this, given all these goddamn ignorant spineless children of men in their lack of knowledge or past traumas, and under the weight of their ignorance and cowardice and laziness, and then under the unreal weight and fear and confusion of her and her dad, her one parent who's been her warrior defender of knowledge, self discovery, safety, character, food, and shelter, and whom no other family support exists is now very possibly dying and cannot speak for himself or to her (because her confusion and outside influence is not allowing it) to tell her the truth and reassurance of the situation ....... her heart and mind refuse to yield. The pain from her heart refusing to give way to the lie, they are trying to make her believe had caused her to want to kill herself. My daughter s unyielding heart and character brought tears to a police officer who'd not had the fortune of experiencing someone like my daughter. And still, after a year and a half, my daughter, MY daughter, still holds fast and is unwilling to tell the COURT that her resistance is because of me and is instead because of her. Yeah, that's who my daughter is. That is the caliber here. She is her father's daughter.
I see you kid. You hold fast. I'm comin' for you.
PS - Attention needs to be given to Liam. With consideration towards his possible and to what degree of trauma, and the validity of the story regarding his father.. It is now a real question, is his father above and well, normative, searching for his son and or fallen into decline, suicidality, doom? Is Liam about to lose a father and be irreversibly severely damaged because of the complete irreversible devastation, which will also include the self blame he incurs and will not be able to reconcile.
PSS - likely it is both important and the is the time to revisit with focus Rhyannas feelings and understanding of her mom. She possibly stands to gain 1, a self confidence and esteem and complete obliteration of any feeling/false rationalization that she is somehow "less", that she is at fault, or that she is somehow "less capable" of a person now and going forward, 2) stamp out reactions of hate, tolerance, splitting, and walls she might form that would prevent problem solving, truth finding, and understanding so crucial to both abilities and finding of joy, particularly in relationships of love and family, 3) she stands to gain a mother and an entire side of a family and which is attained by a fulfilling relationship of her own architecture and which she is fully empowered to control and manage and nurture at her pleasure.
Colorado Office of Respondent Parents’ Counsel (ORPC
Summary of Annotations Page 40 #1 Highlight Securing Basic Needs, Social Connections, and Appropriate Services • Housing, clothing, food, and transportation are frequently needed and critical to the client being successful in the treatment plan. For example, social workers and parents advocates helping the client access and secure these—from shopping with the client at Goodwill to filling out housing applications to getting on
Checking in with the client regularly on what is working and what is not, and then advocating for adjustments to the treatment plan. F
Treating the client as the expert on their own lives and asking them what they need to be successful. #4 Highlight Mitigating structural barriers to treatment engagement Page 41 #1 Highlight Conduct Legal and Social Science Research • Making sure attorneys are working with recent and relevant research when developing strategy (e.g., attachment theory and visitation strategy
Reviewing Volume 7 and identifying areas applicable to the case #3 Highlight identifying areas of inaccuracy between case proceedings and Volume 7. #4 Highlight Making sure the treatment plan is using evidence-based practices matched to client need (e.g., a mental health service targeted at family functioning versus generic therapy#5 Highlight Reviewing services and strategies to ensure they are accessible (e.g., disability accommodations, language translation), culturally responsive (e.g., honors family customs), and trauma-informed (e.g., in a safe environment) and advocating for adjustments
Attend family engagement meetings and appearance reviews to support the client, strategize in real time with other actors, and promote communication from other actors to the client in a way the client understands. • Daily communication with other actors that is necessary to move through the D&N process and enact strategy.
Social workers and parent advocates lead out on promoting a meaningful treatment plan, providing specialized and focused contributions to support client needs, which then make legal advocacy and family strengthening more successful. In
each member shares in the responsibility of moving the case forward by using available tools with different case actors, with
attorneys leading this work as “team lead” Page 42
Median Percentage of Time Contributed by Contractors to Supporting a Client in Addressing their Needs
Attorneys are keenly aware of critical junctures when a case can stall out, irrevocable decisions are being made, or clients are being set up for failure
are poised to activate and advance the team in ramping up communication, research, treatment support, and resource connections to disrupt pitfalls at these critical junctures. They are also most adept at navigating legal language and court actors.
Social Workers have experience with D&N treatment plans and know how to navigate the resources and services named. Th#5 Highlight enables treatment plan advocacy and engagement to be more successful with a variety of child welfare and treatment actor Page 44
Advocating for the client is the third major activity undertaken by the team—and work
where high-quality legal representation shines.
Advocating for the client happens both in and out of court, and this activity is als
where the team most utilizes experts and investigators
WHAT Does It Mean to Advocate for the Client
Hold State Actors Accountable:
accountable to their burden, responsibilities, and obligations by leveraging available mechanisms
Ensure Appropriate Fact Finding:
Ensuring due process by
identifying and obtaining experts,
investigators, or witnesse#12 Highlight obtaining and reviewing records, plans, reports, or other pertinent documents; observing visitations, related cases, or other meetings to obtain information
to inform strategy development
Preparing for litigated hearings, including preparing the client themselves, and representing the client in court.
Hearing representation and fact finding are largely led by the attorney, in collaboration with experts and investigators.
Social workers and parent advocates provide vital support to attorneys in accomplishing these tasks, as
It is holding the Department accountable outside of a court issue [e.g., service referral
and it is also holding the court accountable to keeping the Department honest and doing their reasonable efforts a
making sure that they are actually connecting parents with the services that are needed
You are the gatekeepers Page 45
HOW Does the Team Accomplish This in Practice? HOLD STATE ACTORS ACCOUNTABLE
following up with the Division of Child Welfare to ensure timely delivery of services an#3 Highlight Ensuring the treatment plan is done i
collaboration with the parent
tailored to need
dynamics of the child-parent relationship (e.g., age, bonding issues
Calling in when court reports are biased towards the negative and not elevating what the parenting is doing well (i.
advocating for k
placements
Confronting systemic racism through simply being present
elevating concerns to the team for strategy development
“I find myself fighting that [visitation] fight a lot fo Page 46
HOW Does the Team Accomplish This in Practice? ENSURE APPROPRIATE FACT FINDING
Investigators, Experts#3 Highlight To secure evaluations, assessments, and diagnoses that can be used in strategy
testify to appropriate services and supports for redressing allegations
ensure a full, multi-angle account of client allegations and needs.
Attending/observing family engagement meetings, visitations, and related cases to bear witness to what actually happens
and be a source of information to the team and
the courts.
Checking in with the client regularly and knowing what is happening in their lives as a form of “working intelligence” for attorneys.
Reviewing extensive medical records
legal reports
documents that inform root causes of systems involvement and identifying strategies positioned to help redress.
Obtaining and reviewing discovery
Trails records, investigation reports#15 Highlight Family Safety and Risk Assessme
hold “same-page” information as the Department
Attorney drafting of discovery requests
motions.
Preparing the Client for Court
ensuring they know strategy for
this court session
what is appropriate for this hearing versus another space) Page 47
calling in when court reports are biased and not uplifting client strengths they observed
Fact finding is led by the attorney, with the support of social workers who commonly take on documentation review and provide working intelligence to the team.
Reminder Holding state actors accountable was a prime theme in qualitative narratives Page 48#1 Highlight How Frequently Does the Team Use Experts and Investigators? Importantly, use of experts and investigators is a strategy under ensuring appropriate fact finding,
Parent Advocates
find out what is really going on—
barriers
strengths—and
knowledge and time necessary to review documentation
accompany the client to meetings, creating deep sources of information for accountability, hearing preparation, and fact finding. Page 49
I’ve had things like intellectual disability come to light and then I work with the attorney to adopt new things in the treatment plan and advocate for that i
Just making sure we’re not missing something that is impeding our client’s ability.” Page 50
comprehensively understand a client’s needs,
to inform case strategy and amplify client voice.#3 Highlight Advocacy Support: Calling in systemic bias of the courts and of child welfare and
advance
socially responsive strategies
ORPC model of interdisciplinary representation is
model for systems change of child welfare proceedings. Page 56
Office of the Respondent Parents’ Counsel (ORPC): Interdiscplinary Teams for Successful Client-Centered Representation Page 58
complex case needs
histories can require additional advocacy
specialized support to
trau
case higher risk for family separation a Page 59#1 Highlight have disabilities, and/or who face extensive resourcing challenges related to housing, food, and economic security. In addition, social workers bring experience in navigating the child welfare system and intimate knowledge of Volume 7 that supports attorneys
Department obligations
options for tailored client support.
Mental Health
Disability:
Trauma,
Clients facing housing, food, and economic insecurity need additional support and resource connections to break cycles of systems involvement and poverty.
Volume 7 Accountability:
Cases where the Department is not fulfilling obligations
require extensive monitoring
diligence;
especially true when inexperienced caseworkers are assigned#13 Highlight show what is possible in #14 Highlight build client confidence #15 Highlight ensuring that family voice leads in every step of the case. #16 Highlight Social and Structural Inequities: Page 60 #1 Highlight team model is best suited for complex cases #2 Highlight where social and structural inequities are rampant, #3 Highlight model can act as a “leveling up” factor #4 Highlight outcomes are more equitably achieved
From what I’ve heard from the doctors
"from what I've heard" HALEY. FUCKING HALEY.
FUCKING FCS AND STATE ATTORNEY.
that’s a serious issue,”
JUDGE - SERIOUS ISSUE
McLean - âre you saying "child doesn't want to talk to Dad" is GROUNDS?? Is that your argument?
Oh do you wish to claim something else as grounds? Homeless? Abuse? Ok, what's your evidence and what's respondents response?
were not included in Smith’s report
Just like the omissions by FCS. No doubt in the GRID, the very first act of every case and every new Respondent attorney would be an immediate client interview and motion updating the facts of the petition
SUPREME COURT OF COLORADOOFFICE OF THE CHIEF JUSTICECOURT APPOINTMENTS THROUGHTHE OFFICE OF RESPONDENT PARENTS’ COUNSEL
The ORPC calls this pdf the "ORPC-Handbook.pdf"
ALL OF THESE ANNOTATIONS....HUGE REASONABLE EFFORTS ISSUES
wishes of the child's parents as to parenting time
you were deprived of this; you also knew I had huge medical concerns from the qrtp hearing and knew the independent assessment had not been carried out and huge red flags existed
Rule 38 - Right to Trial by Jury(a) Exercise of Right. Upon the filing of a demand and the simultaneous payment of the requisite jury fee by any party in actions wherein a trial by jury is provided by constitution or by statute, including actions for the recovery of specific real or personal property, with or without damages, or for money claimed as due on contract, or as damages for breach of contract, or for injuries to person or property, all issues of fact shall be tried by a jury. The jury fee is not refundable; however, a demanding party may waive that party's demand for trial by jury pursuant to section (e) of this rule.
Fuck you haley...gonna have your fucking license
"Upon filing of a demand by any party wherein a trial by jury is provided by statute, all issues of fact shall be tried by a jury"
AND THIS STATEMENT FROM THE COLORADO JUDICIAL BRANCH (And mag. McLean heard from my mouth I wanted a trial): What is the court process in dependency and neglect cases? A dependency and neglect case begins with the filing of a petition by the county attorney or, in Denver, the city attorney. Parents who are listed in the D&N petition are referred to as “respondents.” You are required to appear in court and at that time, you may deny the allegations against you and demand that the case then be heard at trial by a jury of six people, by a judge, or by a juvenile magistrate. https://www.courts.state.co.us/userfiles/File/Media/Brochures/d&nweb.pdf
(d) If it appears from the evidence that the child may have a mental health disorder
Section 27-65-102 - Definitions (22) "Mental health disorder" includes one or more substantial disorders of the cognitive, volitional, or emotional processes that grossly impairs judgment or capacity to recognize reality or to control behavior. An intellectual or developmental disability is insufficient to either justify or exclude a finding of a mental health disorder pursuant to the provisions of this article 65.
Section 19-3-506 - [Effective Until 7/1/2024] Child with a mental health disorder or an intellectual and developmental disability - procedure√
(b) If it appears from the evidence presented at an adjudicatory hearing or otherwise that a child may have a mental health disorder, as defined in section 27-65-102,
the court shall order a prescreening to determine whether the child requires further evaluation. The prescreening must be conducted as expeditiously as possible, and a prescreening report must be provided to the court within twenty-four hours
c) If the mental health professional finds, based upon a prescreening done pursuant to this section or section 19-3-403 (4), that the child may have a mental health disorder, as defined in section 27-65-102, the court shall review the prescreening report within twenty-four hours, excluding Saturdays, Sundays, and legal holidays, and order the child placed for an evaluation at a facility designated by the commissioner of the behavioral health administration
(d) An evaluation conducted pursuant to this subsection (1) must be completed within seventy-two hours, excluding Saturdays, Sundays, and legal holidays. A county jail or a detention facility, as described in article 2.5 of this title 19, is not considered a suitable facility for evaluation,
A motion can be written or spoken, as the relevant rules require.
My statement in court to McLean I wanted a trial was a clear motion
Summary Judgment
ABA: Motion for Summary Judgment (sometimes called motion for summary disposition). This motion asks the court for a judgment on the merits of the case before the trial. It is properly made where there is no dispute about the facts and only a question of law needs to be decided.
The was A HUGE DISPUTE of the facts. Not only the facts presented, but also the omission, AND ALSO THAT I NEVER HAD 1 CHANCE TO SPEAK AND STATE ANNNY FACTS! And, as federal civil procedure rules state, summary judgement can only occur after the close of Discovery...we NEVER HAD DISCOVERY
motion for summary judgment shall be filed no later than 91 days (13 weeks) prior to tria
The motion was filed 45 days prior to trial. ...I mean, beyond Haley being criminally fucking useless, when does the judge become accountable for not letting illegal shit happen in her case???? Regardless of what the attorneys do; isn't she the "trier of law" and "trier of facts"? I mean, what the fuck??
but in no instance shall such hearing be held later than ninety days
Method for defense, hold accountable, stop unlawful abuse? - sue for damages for loss and harm - writ of mandamus (oblivious to Haley) - when does not following law that results in withholding of a child go from civil damages to criminal kidnapping or custodial interference (and other offenses). Kate, FPS, and court was heedless' of lawfulness, enticed', with intent to conceal', and did not have reasonable' belief or attempt reasonable efforts' as expected of a reasonable peer to aquire reasonable belief' she was in harm. Clarity: the child's own instigation' was result of enticement' CRS TITLE 18 https://victimtohero.com/interfering-with-custody-is-not-just-a-civil-matter-it-is-a-crime/
shall be eligible for emergency assistance
Section 26-5.3-104 - Emergency assistance for families with children at imminent risk of being placed out of the home
respondent, the guardian ad litem for the child, or a child who is twelve years of age or older may demand a trial by jury of six persons at the adjudicatory hearing pursuant to section 19-3-505 , or the court, on its own motion, may order such a jury to try any case at the adjudicatory hearing pursuant to section 19-3-505 .
TRIAL BY JURY MANDATED....HALEY....YOU FUCKING SHAMEFUL INEXCUSABLE IMPOSTER OF AN ATTORNEY. Shaun, do you know about this? Does an appeal attorney for ORPC know the D&N law of which he'll be making appeals?
the court shall advise the respondent of the minimum and maximum time frames for the dependency and neglect process, including the minimum and maximum time frames for adjudication, disposition, and termination of parental rights for
I don't remember her doing this. She sure as fuck didn't execute it.
irst, judges do not receive sufficient information to make aninformed decision regarding reasonable efforts. Usually, the only information comes from the agency
Haylie is not providing any information to the judge, e.g.: - harboring not addressed - intake lied - intake failed to meet promise - intake actually DROVE removal, as in "negative reasonable efforts" - intake did not provide allegations at first contact or ever; and also therefore, 2., did not collect response, and necessary danger data and necessary services/needs data - intake did not provide, therefore, a credible report informing court of true nature - intake offered no FFPSA designated services nor Core Services Program services - intake provided no list of services offered/provided, no list of identified needs, no explanation of how it succeeded or failed - magistrate did not examine, inquire, or document specifically and detailed the reasonable efforts in "The Prevention Plan"...I've seen no Prevention Plan and certainly not filed with the court - Visitation scheduler: 1) not competently trained in youth or resist and refuse; only 1.5 years licensed (probably no clinical practice) and self identified adult addiction, 2)provided no scientific backing for recommendations, omitted context to misrepresent truth, did not identify needs, provided no plan to resolve/address those needs especially science-backed (and found to be an intern), 3)was 3+ weeks late for 1wk due date - caseworker was assigned over a month later and is mandated to be immediate at time of 1st hearing - CASA was not assigned until 4 months later and i've still never heard from them - caseworker was told must provide allegations report and still did not and would not - family needs assessment was never done, certainly not in my presence, nor with my collaboration and agreement, if in the background there is one it is a lie or of completely insufficient quality and was not reported to me when asked for. It was not done even close to 60 day (therefore also does not meet mandate of "timely") deadline (and if it's dated as such it is a complete BS non-assessment only for the purposes of making it show up on a log as done). It does not identify needs/problems (most importantly resist/refuse) that brought forth D&N, it does not identify services that address the particular needs (most importantly a resist/refuse doctor; also actively blocked FUP) (and therefore nothing is science based "trauma informed" as mandated), it does not mandate what must be changed/achieved and the marker for that achievement; I still was not given Service Plan when I pried and pried for clear list of items that brought forth D&N-what was needed to change/achieved to end State's involvement-what services were/could/wanted to be done - DHS has failed to investigate it's actions of abuse to confirm/deny; which in the case that abuse did not happen 2. has failed to meet "timely" mandate of services to medically assess and treat resist/refuse and 3. failed "reasonable efforts to reunify" mandate - DHS has not only 1. failed mandate to offer/make available/refer & monitor and ensure execution of services/ (e.g. Core, FFPSA, "unique to family needs", "public or private/community bases", "evidenced based", "trauma informed...further defined in CCR as "complete situation assessment/treatment, whole family") they 2. made ME responsible for REFERRING THEM and with an expectation it likely WOULD NOT BE PURSUED, 3. was essentially told Core Services wasn't real (was ignored and then simply would not answer when i asked directly in-person about "Core Services" and changed the subject) when I specifically asked, 4. mocked when I gave science backed warning of imminent and severe risk and necessary doctor services needed - court did not set adjudication until 2+ months past federally mandated 90 day MAXIMUM (and is written as "should be much sooner and ASAP", and 2. almost 4 months after 20th District's filed D&N management commitment plan - Independent Assessment: did not meet many many mandates (see email to Haylie on objection to recommendation) - QI did not include family, claims 6 attempts to call but did not as mandated provide evidence of attempts, State did not meet mandate to make sure family was included in the process and ACTIVELY KEPT MOM & DAD & ATTORNEYS as mandated of the mandated Family and Permancy Team Meeting; did not complete in 10/14 day CDHS mandate nor did complete in 30 day federal requirement (which is also contractually owed by ASO); never held a 2nd Team meeting as requested (which resulted in a ruling based on false argument that would have been quashed in the meeting and also the QI realizing and changing her recommendations with the knowledge that the false claim was not only indeed false but that the credibility of information provided by state & CYF was now in question; and ultimately a result of a QI would have full & true understanding of medical need and severity and harm befalling child and family and would have urgently recommended necessary interventions which had so long been failed to be recognized/provided by State) - Court nor State was informed of fundamental FFPSA law as is absolutely expected to be known by a Child Welfare Judge and Child Welfare Attorney and Child Welfare Agency, at QRTP Assessment Review Hearing and made ruling on completely false law justification that child is not legally allowed to remain at the QRTP [b/c of course she is, which is the whole point of the hearing, b/c it's up to judge to determine if she should stay or not regardless of IA summary report recommendations
One conclusion this book reaches is that reasonable efforts should belitigated early,
although the judge may agree there are no material issues of fact remaining for trial, the judge may also find that it is the non-moving party that is entitled to judgment as a matter of law
In the United States, the presiding judge generally must find there is "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law."[2
Really Haley?? You could not argue that,
1) there was no genuine dispute over the material facts....over "what happened, AND what realities/possibilities/options/resources/outcomes exist" ????
2) that I was not entitled to "judgment" regardless of "material facts being in dispute" OR NOT "in dispute". For starters, a for a trial review of the facts regarding the determination of grounds that have been brought forth, not brought forth, and mis-presented, and additional are due and necessitate the compelling process of discovery in order to assure provision of, and of which a collection is already known by respondent and counsel to exist which the court has not been made of and who's determined clarity resulting from the analytical vetting the trial will provide holds the potential power to not just determine whether the state had grounds, but regardless of that outcome, to help all parties determine collaboratively and aided by the authoritative might of the court how the state can best provide help and services going forward, including if appropriate removing themselves from intruding a moment further in this family's lives and liberties. .... FACTS I'VE BEEN SHOUTING AT YOU FROM DAY ONE AND IN A MILLION EMAILS TO YOU OR BEEN CCED. YOU'RE A FUCKING MORON, BY WAY OF UNLAWFUL COMPETENCY OR NEGLECT TO YOUR CASE, YOUR DUTY TO SELF INFORM, AN ENTRUSTED BY AND SWORN TO THE PEOPLE OATH, AND YOUR KNOWN DUTY TO THE DEADLY VALUE, PURPOSE, AND CONSEQUENCE OF YOUR POST, a post for which you are additionally compelled to perform by, albeit less importantly, a meaningful wage.
Identifying information - confidential. Except as otherwise provided in this section and section 19-1-303, reports of child abuse or neglect and the name and address of any child, family, or informant or any other identifying information contained in such reports shall be confidential and shall not be public information
The general assembly, however, recognizes that certain information obtained in the course of the implementation of this title is highly sensitive and has an impact on the privacy of children and members of their families. The disclosure of sensitive information carries the risk of stigmatizing children
Reasonable Efforts - not so much RE as it's criminal malpractice. Jackie released confidential case information, purposefully AND misrepresented it. Also CCR 7.601 protect confidentiality. 12 CCR 2509-7 https://hyp.is/UaaebvvTEe2eeDeCZWyDVw/docdrop.org/download_annotation_doc/12-CCR-2509-7-43cgo.pdf
we do not foreseethis changing in the near future.
You don't do you? ....but reunification "is the goal" right Jackie?
Jackie
Jackie (FCS) is prohibited from sharing any information about the case
Reasonable Efforts - not so much RE as it's criminal malpractice. Jackie released confidential case information, purposefully AND misrepresented it. Also CCR 7.601 protect confidentiality. 12 CCR 2509-7 https://hyp.is/UaaebvvTEe2eeDeCZWyDVw/docdrop.org/download_annotation_doc/12-CCR-2509-7-43cgo.pdf
it is unlawful for any person to solicit, disclose, or make use of or to authorize, knowingly permit, participate in, or acquiesce in the use of
Reasonable Efforts - not so much RE as it's criminal malpractice. Jackie released confidential case information, purposefully AND misrepresented it. Also CCR 7.601 protect confidentiality. 12 CCR 2509-7 https://hyp.is/UaaebvvTEe2eeDeCZWyDVw/docdrop.org/download_annotation_doc/12-CCR-2509-7-43cgo.pdf
ColoradohasastrongfoundationandhistoryofprovidingpreventionandearlyinterventionservicesthroughtheuseofCoreServices,IV-EWaiverinterventions,CMPsandintegratedhumanservicesdelivery
As previously described, Colorado has a strong foundation and history of providing prevention and early intervention services through the use of Core Services, IV-E Waiver interventions, CMPs and integrated human services delivery. In addition,
Conclusions:Indoctrinating a child to hate or fear a parent without a goodreason is a form of child psychological abuse. Clinicians should use theDSM-5diagnosis of child psychological abuse when an alienating parent is deter-mined to cause parental alienation in his or her children. Child protectionpersonnel should investigate cases of parental alienation as instances of childpsychological abuse
75.4 PARENTAL ALIENATION: A SPECIFIC EXAMPLE OF CHILD PSYCHOLOGICAL ABUSE William Bernet, MD, Vanderbilt University Medical Center, william.bernet@vanderbilt.edu
Conclusions: Indoctrinating a child to hate or fear a parent without a good reason is a form of child psychological abuse. Clinicians should use the DSM-5 diagnosis of child psychological abuse when an alienating parent is deter- mined to cause parental alienation in his or her children. Child protection personnel should investigate cases of parental alienation as instances of child psychological abuse. CAN, FAM, FCP http://dx.doi.org/l O. 1016/j.jaac.2017.07.439
Effective residential treatment programs provide:
What she could have received if she stayed at the QRTP (if Haylie knew the law; if DHS, Ramirez, Beato, McLean also knew and performed their job core competencies)
Nikki Getz was the "qualified" brainchild to recommend depriving her of all this. I even have her recorded saying it is a serious issue that she has continued adamant contact refusal
Involvement of the child's family or support system. Model residential programs encourage and provide opportunities for family therapy and contact
Would have addressed the 1) family dysfunction need that brought DHS to be involved, 2) reasonable efforts for reunification 3)ffpsa mandate for family preservation, involvment, trauma-informed, 4) identified needs/wishes of family
Psychiatric care coordinated by a child and adolescent psychiatrist or psychiatric prescriber.
Could of had a Child & Adolescent Psychiatrist coordinating care, instead of a dipshit LCSW intern. And contribute to FFPSA mandate for trauma-informed, highest available science, evidence based
An Individualized Treatment Plan that puts into place interventions that help the child or adolescent attain these goals.
Could have finally had a treatment plan
who have not responded to outpatient treatments
The umm "plan" from Allison and Kim was Rhyanna see her therapist until she spontaneously decided to re-engage. Did the outpatient solution work? No. Did it get worse? Yes. She was put on an M1 hold. She is in QRTP for over a month and the argument was "she's doing so well [other than the enormous symptom of contact-refusal] has not improved at all] so, what your saying, should be taken out of the treatment that has shown improvement [i.e. QRTP], and take her out before the largest issue has been solved and put her into a "no treatment" facility? SERIOUSLY??
‘Reasonable Efforts: A Judicial Perspective’ Releases Second Edition to Update Juvenile Courts on Meaningful Oversight of Social Service Actions
Many services are not on the evidence-based list. That does notmean, however, that they have not been evaluated for effectiveness. The agency should be able toexplain to the court how it has evaluated the effectiveness of a particular service.
7.200.12 County Responsibilities [Rev. eff. 9/1/15]The county department shall be responsible:A. To deliver prevention and intervention services according to the state-approved service deliveryplan that is an addendum to the Core Services Plan.B. To ensure community agencies and/or other divisions within the county provide prevention andintervention services according to the state-approved service delivery plan.C. To ensure community agencies and/or other division within the county department refer families,youth, and children to the prevention and intervention service according to the contract with thecounty Child Welfare Division.D. To ensure community agencies and/or other divisions of human services offer prevention orintervention services according to the contract with the county department.E. To ensure documentation in the approved state automated case management system of thenames, age, ethnicity, gender, service provided, and the reason the service ended for families,youth, and children referred for or provided prevention and intervention services.F. To ensure documentation in the approved state automated case management system of allrequired data elements of each funding source used for prevention and intervention services.G. To follow the rules and requirements governing the specific funding stream the county elects touse to provide prevention and intervention services.H. To follow the rules and regulations promulgated by the State Board of Human Services
Monthly ContactThe primary purpose for case contacts shall be to assure child safety and well-being and movethe case toward achieving identified treatment goals
PROGRAM AREAS, CASE CONTACTS, AND ONGOING CASE REQUIREMENTS 12 CCR 2509-3
7.200 PROGRAM AREAS, CASE CONTACTS, AND ONGOING CASE REQUIREMENTS
nform the parents of the reasons for stateintervention
not providing me the allegations and getting a response violates reasonable efforts
Reasonable Efforts: A Judicial Perspectiveby Judge Leonard Edwards (ret.)1
Judge Edwards is a retired judge now working as a consultant to juvenile courts in California and other states. The author can be contacted by email: judgeleonardedwards@gmail.com or by visiting his webpage: judgeleonardedwards.com.
- The author is indebted to many people for the research and information contained in this book. In particular, I thank Sidney Hollar, Esq. for her assistance with the text, Christopher Wu, Marymichael Miatovich, and Judge Arnold Rosenfield (ret.) for their suggestions regarding the text, Jackie Ruffin for her work on the footnotes, Dave Bressler for his technical assistance, and Anna Bokides for her assistance with research. Additionally, I thank all of the judges, attorneys, and CIP directors who commented on how the reasonable efforts issue is tried in their jurisdictions. Finally, I thank Casey Family Programs for their generous support in making the publication of this book possible. Judge Leonard Edwards (ret.)
Neither affidavits nor subsequent “nunc protunc” orders are acceptable verification for meeting this “reasonable efforts” requirement.
Cannot retroactively add to the orders or documentation to bolster the (false) fact that court diligently examined and found specific findings of reasonable efforts
There must be an order of the court within sixty (60) calendar days after the date the childis placed in out-of-home care with a finding to the effect that:a. Reasonable efforts were made to prevent the removal of the child from the home
County departments shall make reasonable efforts to advise county residents of servicesavailable through the state and county department by means of such methods as press releases,presentations, pamphlets, websites, social media and other mass media.
I have seen no mention of "core services", "ffpsa", or any services afforded under them from Boulder County or on their website. Nor did Allison acknowledge them.
7.601 COUNTY RESPONSIBILITIES [Eff. 1/1/15]There are basic information, legal mandates, and policies generic to the administration and/or provision ofservices that cut across all program and service areas. These include general administrativeresponsibilities, protection of clients' rights, responsibilities of clients, case processing anddocumentation, and reporting requirements. The county departments shall provide services to personswho are eligible and belong to the particular Program Area target groups within the following rules of theState Department
26The Counseling PsychologistTable 1.Criteria and Related Measures for Assessing ExpertiseCriteriaPossible ways of assessing criteria1.PerformanceA.Client-rated working allianceB.Client-rated real relationshipC.Observer-rated responsivenessD.Use of observer-rated theoretically appropriate interventionsE.Observer-rated competenceF.Client-rated multicultural competenceG.Observer-rated responsivenessH.Supervisor-rated competence or responsiveness2.Cognitive functioningA.Observer-rated assessment of cognitive processingB.Observer-rated assessment of case conceptualization ability3.Client outcomesA.Engagement in therapy (percentage of clients who return after intake)/dropout ratesB.Clinically significant change on reports by clients, therapists, significant others, or observers using measures of symptomatology, interpersonal functioning, quality of life/well-being, self-awareness/understanding/acceptance, satisfaction with workC.Behavioral assessments (e.g., fewer missed days of work, fewer doctor visits)4.ExperienceA.Years of experienceB.Number of client hoursC.Variety of clientsD.Amount of trainingE.Amount of supervisionF.Amount of reading5.Personal and relational qualities of the therapistA.Self-rated self-actualization, well-being, quality of life, lack of symptomatology, reflectivity, mindfulness, flexibilityB.Empathy ability (self-rated, nonverbal assessments, observer ratings)C.Nonverbal assessments of empathy6.CredentialsA.Graduation from an accredited training programB.Board certification7.ReputationA.Professional interactionsB.Advancement to positions of honor within organizations based on recognition of clinical expertiseC.Positive feedback and referrals from clientsD.Reports from colleagues/friendsE.Invitations to demonstrate methods in videos, workshops, or booksF.Lack of ethical complaints8.Therapist self-assessmentA.Evaluation of own skillsNote. The criteria are listed in the order of perceived relevance to assessing expertise, from 1 (most relevant) to 8 (least relevan
Thoughts: So far it appears there is no law about who can diagnose. What there is is: - description of a rubric to grade a expert witness - general description that states cannot operate outside area if training and competence (but how to define that area is absent) - core services / FFPSA law mandating evidence based, trauma Informed, Clearinghouse designated, best available science, meet particular needs of family - law (or in draft) defining trauma Informed - licensing and professional associations standards and code of ethics regarding non black and white values and efforts mandates - there are laws that say if you can call yourself a doctor, therapist, etc, but non if them limit what they can or cannot do - therefore, legally, anyone can diagnose anyone with anything, including DSM codes, and you can take money for it...you just can't call yourself any of the protected titles
So, when it comes to who is "legally qualified" or a "legally allowed expert", (which is just the expert, and not ultimately the credibility of the "evaluation/recommendation" it comes down to just who can provide a stronger argument that the expert in question is "more expert" than the other "expert". It's the exact same concept as scientific theory. You can't "prove" a scientific theory. You can only provide increasingly stronger (ultimately just means, whether for good reasons or bad, the emotion that something feels stronger or better) arguments that it is true. As in you can't prove "expertise" or that an eval is correct. However, you can "disprove" expertise or scientific theory.
In psychotherapy there is an enormous gap of a system that gives a credible prediction of what a "provider" is likely to soundly be able to evaluate (and further a system for them to soundly know when and how to refer out). Perhaps some kind of "certifications needed" section for each DSM code.
So what you can do is: - used the defined law and prof orgs law and ethics as rubrics (like a grading table), the table in this paper is a good one to incorporate, to make an argument of strongest expert. - you can also get more than one expert or experts from different areas which have all of them agreeing - strategy: also send evaluation off to credible authority to get their endorsement - strategy: do that memorandum thing (ABA guide how to influence judges) to advance submit law and argument to judge - all of this is the exact same issue, concept, and strategy to battle "reasonable efforts"
When considering a request for removal, ask if the agency madereasonable efforts to prevent removal, which may include providingfederally supported prevention services.• If reasonable efforts have not been made, consider court orders forprevention services that may allow the child to remain safely at home.• Consider relevance of prevention services outside dependency &neglect context. Who else could benefit from prevention upstream?
If reasonable efforts were not made, request a “no reasonable efforts”finding and an order returning the child to the family with appropriateservices.
If the child is removed, request a copy of the family’s prevention plan (orother reflection of prevention services) to review what the agency offeredand whether reasonable efforts have been made to prevent removal
Reasonable efforts to prevent removal: If a petition must be filed afterservices provided, prepare evidence of the prevention services offeredand used as an element of the agency’s reasonable efforts.
There is a need to assess how poor and vulnerable families are oftenportrayed and perceived and to be mindful of how those portrayals or perceptions influence whattypes of resources are available, and to whom
This doc is cited in ABA FFPSA legal guide, research to site to overcome reasonable efforts to reunify https://hyp.is/p-iA6tdvEe2Nz5fQQrBXwg/docdrop.org/download_annotation_doc/family-first-legal-guide-a8rhd.pdf
U.S. Department of Health and Human Services, Ad-ministration on Children, Youth and Families. ACYF-CB-IM-20-06, Foster Care as a Support to Families, April29, 2020.Provides examples of how agencies and courts can pro-vide meaningful efforts to reunify children and parentsand safely maintain that reunification, including usingresources families as an ongoing support.
Edwards, Judge Leonard. “Overcoming Barriers toMaking Meaningful Reasonable Efforts Findings.” ABAChild Law Practice, January 29, 2019.Explains that it is not enough to make service referralsand note them in a case plan. Instead, “judges shoulddiscuss the availability and effectiveness of services pro-vided by service providers contracted by the agency,” and“frontline social workers should accurately assess familyneeds and report those needs to the court. Those needsshould form the foundation of the case plan.”
Consider citing information on:Reasonable efforts to reunify
ABA list of resources to cite to overcome lack of reunification
When necessary, argue to the court that by not pro-viding a reunified child with appropriate services, the agency is not making mandated reasonable efforts to achieve permanency
Providing states improved access to federal funds for reunification services aligns with the federal Children’s Bureau’s renewed focus on reasonable efforts to achieve permanency requirements. Families should be provided all needed assistance to ensure the safe reunification of the child. (See reasonable efforts resources in Research to Cite: Reunification Services for the Family.)
Families should be provided all needed assistance to ensure the safe reunification of the child
Judicial decision maker❑When reviewing a petition for removal, ask if the agen-cy made reasonable efforts to prevent removal, which may include providing federally supported prevention services. Invite discussion and debate among parties about whether the reasonable efforts finding is appropri-ate. If reasonable efforts have not been made, consider court orders for prevention services that may allow the child to remain safely at home. If reasonable efforts have been made, be specific about what measures constituted reasonable efforts when making written findings in the case
No documentation of specific prevention measures of reasonable efforts was done
If the child is removed, request a copy of the family’s prevention plan to review what the agency offered and whether reasonable efforts have been made to prevent removal especially in cases involving mental health, substance use, and parenting skills challenges (if neces-sary, request the prevention plan through the discovery process)
The Core Services Program was established in 1994 to provide strength-based resources and support to families when children and youth are at imminent risk of out-of-home placement, in need of services to return home or to maintain a placement in the least restrictive setting possible.
19-3-208. Services - county required to provide - out-of-home placement options - rules - definitions.
Referenced from 19-3-100.5 Legislative declarations - reasonable efforts
the general assembly provides that “reasonable efforts” are deemed to be met when a county or city and county provides services in accordance with section 19-3-208
19-3-100.5. Legislative declarations - reasonable efforts - movement of children and sibling groups.
C.R.S. 19-3-100.5