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requiredto:1.Possess the knowledge, expertise, and training necessary to perform the courtappointmen
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COURT APPOINTMENTS THROUGHTHE OFFICE OF RESPONDENT PARENTS’ COUNS
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www.ncjfcj.org www.ncjfcj.org
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AFCC AND NCJFCJJOINT STATEMENT ON PARENT-CHILD CONTACT PROBLEMS
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www.walnerlaw.com www.walnerlaw.com
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Holding Negligent Doctors AccountableWhen a doctor fails to diagnose your medical condition, it can have serious consequences. We put our trust in medical workers to identify a disease to increase our chances of recovery. A doctor’s failure to diagnose is a form of medical malpractice because such negligence can cause significant injury
I want: - monetary and punitive damages - I want to put it in the spot light that most "psychotherapists" are not qualified, but people, themselves, think they are, and law language makes them think they are - that law, nor anything, meaningfully restrictions anyone from making a "diagnosis" - that not only are psychotherapists not qualified, they are not qualified to know when they are not qualified and refer out - that there is gross insufficiency in not only oversight, but no meaningful sufficient method/tools by which to measure and enforce oversight - that there is gross insufficiency in sound method to match mental needs to mental services - to provide parents and children and welfare the tools and ammo to select, apply, enforce, and measure performance of services - further to do the same for every other person in this world who is in need of, receiving ineffective, receiving damage because of wrong, mental care.
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www.ncjfcj.org www.ncjfcj.org
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‘Reasonable Efforts: A Judicial Perspective’ Releases Second Edition to Update Juvenile Courts on Meaningful Oversight of Social Service Actions
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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.
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www.sos.state.co.us www.sos.state.co.us
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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
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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
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docdrop.org docdrop.org
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ORPC’s Federal Title IV-E Funding Priorities to Enhance the Quality of LegalRepresentation for Parents and FamiliesIn light of the priorities of the Children’s Bureau,89 the ORPC has developed a plan for use of IV-Ereimbursement funds that include the following new initiatives and expansions of existingprogramming:1. Increasing RPC access to an interdisciplinary team, which may include social workers, parentadvocates, experts, and other professionals
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Based on such successful outcomes, the Children’s Bureau “strongly urges all Title IV-E agencies toactively pursue utilization of Title IV-E funding to create, expand and sustain models of multi-disciplinary representation....”85 In other words, the federal government is actively urging childwelfare stakeholders across the country to use federal dollars to pay for paralegals, investigators, peeradvocates, and social workers to better respond to the overall needs of parents and families who maybe candidates for foster care.
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www.acf.hhs.gov www.acf.hhs.gov
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investigators and experts where appropriate, and participate in case planning and ongoingadvocacy for services, family time, and placements that support their clients’ objectives
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attorneys for parents and children should conduct independent investigations, utilize and engage
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docdrop.org docdrop.orgcocode2
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Practice outside of or beyond professional training, experience, or competence. Notwithstanding any other provision of this article, no licensee, registrant, certificate holder, or unlicensed psychotherapist is authorized to practice outside of or beyond his or her area of training, experience, or competenc
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Colorado Mental Health Practice Act Colorado Revised Statutes Title 12 Professions and Occupations Article 43 Mental Health Effective July 1, 200
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www.judgeleonardedwards.com www.judgeleonardedwards.com
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nform the parents of the reasons for stateintervention
not providing me the allegations and getting a response violates reasonable efforts
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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.)
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www.sos.state.co.us www.sos.state.co.us
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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
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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
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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.
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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
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Reasonable CandidatesReasonable candidates for foster care, for the purposes of Title IV-E program, are childrendetermined to be at risk of imminent placement out of the home as defined in Section 19-1-103(64), C.R.S. Administrative costs may be claimed for children who are determined to be atimminent risk of removal from the home through a voluntary placement agreement or court-ordered custody with the county department. A determination must be made as to whether thechild is at imminent risk of removal from the home no less frequently than every six (6) months.Reasonable efforts shall be made to prevent the removal of the child from the home until suchtime that pursuing removal of the child from the home becomes necessary.
CODE OF COLORADO REGULATIONS 12 CCR 2509-7 Social Services Rule
7.601.71 Title IV-E Foster Care
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docdrop.org docdrop.org
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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"
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This difficulty in judging therapist competence may account for research findings that show that judges have a hard time distin-guishing between adherence and competence (e.g., Weck etal., 2013
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Research outside of psychotherapy shows that incompetent performers cannot accurately recognize their own or others’ competence or incompe-tence (Dunning, Johnson, Ehrlinger, & Kruger, 2003
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Tracey etal. (2015) offered the following four criteria for defining individual expertise in psychotherapy: (a) reputation, degree attainment, professional distinction, and experience; (b) skill, competence, or adherence to a prescribed standard of performance; (c) clinical accuracy; and (d) outcomes, or success with clients
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We adopt the performance-based approach and suggest that therapist expertise exists on a continuum, ranging from highly inexpert to highly expert. To be considered an expert or judged as possessing high levels of expertise, one would need to function at a high point on this continuum across sessions and clients.
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Although we argue in a subsequent section that experience is not equiva-lent to expertise, we acknowledge here that we cite literature that assesses experience (e.g., years of clinical experience, professional level) rather than expertise. Given the paucity of literature directly related to expertise, we incorporated literature on experience as a proxy for expertise but urge readers to remember that experience is not the same as expertise
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Tracey etal. (2014) maintained that there is no evidence that experienced therapists achieve better client outcomes than do inexperienced therapists. They further proposed that therapists overestimate their clinical and diagnostic abili-ties, and an important reason that therapists do not improve in their clinical work is that they do not seek or receive adequate feedback about client outcome
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societyforpsychotherapy.org societyforpsychotherapy.org
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Competence is required of psychotherapists by their profession’s ethics code and it is essential for the provision of effective treatment services to clients
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societyforpsychotherapy.org societyforpsychotherapy.org
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Standard 3.04 (Avoiding Harm), as well as Principle B (Fidelity and Responsibility) of the APA Code of Ethics (2017) discusses avoiding harm and being aware of the “professional and scientific responsibilities to society and to the specific communities in which they work” (p. 3). Cederberg (2017) notes it is impossible for a psychologist to be an expert in all facets of the profession
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Standard 2.01 (Boundaries of Competence) of the APA Code of Ethics (2017) states, Psychologists provide services, teach, and conduct research with populations and in areas only within the boundaries of their competence, based on their education, training, supervised experience, consultation, study, or professional experience. (p. 4)
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docdrop.org docdrop.org
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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?
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If reasonable efforts were not made, request a “no reasonable efforts”finding and an order returning the child to the family with appropriateservices.
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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
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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.
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www.acf.hhs.gov www.acf.hhs.gov
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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
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docdrop.org docdrop.org
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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.
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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.”
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Consider citing information on:Reasonable efforts to reunify
ABA list of resources to cite to overcome lack of reunification
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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
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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
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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
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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)
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Key Federal Laws to Incorporate into Advocacy
ABA FFPSA Guide:
Prevention Services
- 42 U.S.C. $ 671 (a)(15) Requires child welfare agencies to make reasonable efforts to preserve families and pre- vent removal, unless certain exceptions apply. See also
- 45 CFR 1356.21(1). (e) Explains requirement for states to receive 50% federal funding reimbursement.
- 42 U.S.C. $ 672 (a)(2)(A) Foster care placement requires either a voluntary placement agreement entered into by the child's parent or legal guardian or a judicial determination that child's continuation in the home would be "contrary to the welfare of the child" and "reasonable efforts" to prevent removal have been made by the child welfare agency as required by 42 U.S.C. $ 671(a)(15).
- 42 U.S.C. S 675 (13) Defines the term "candidate tor foster care generally as a child identified in a prevention plan.. as being at imminent risk of entering foster care...but who can remain safely in the child's home or in kinship placement as long as services. necessary to prevent the entry of the child into foster care are provided
Reunification Services
- 42 U.S.C. § 629a
- 42 U.S.C. § 671 (a) (7) Defines family reunification services eligible for federal funding under Title IV-B that are no longer time limited while in foster care and may be available to families for up to 15 months after the child returns home. (a)(15) Requires reasonable efforts to make it possible for a child to safely return to the child's ome.
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parties need not wait until the next scheduled hearing for a child to return home if safety risks have been addressed. Indicate whether a motion for an accelerated hearing is needed for reunification to occur
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Ensure reunification services begin promptly
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reunification services that can begin as soon as a child enters foster care
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The Title IV-B Family Reunification Services section de-scribes the services that should be provided to a child and family when the child has been removed from the home “to facilitate the reunification of the child safely and appropri-ately within a timely fashion and to ensure the strength and stability of the reunification.”60 These services may include counseling, substance use treatment, assistance to address domestic violence, peer mentoring, visitation, and transpor-tation
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Placement determinations using evidence-based assessments
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through evidence-based, trau-ma-informed treatment models
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Family First Act requires state and tribal child welfare agencies develop procedures and protocols to prevent children from being inappropriately diag-nosed with mental illness
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Research to Cite
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Segrue, Erin. Ph.D., LICSW. Evidence Base for Avoiding Family Separation in Child Welfare Practice: An Analysis of Current Research. Alia Innovations, July 2019
have a hypothesis link to this
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Include individuals with lived experiences as par-ents, children, or kin caregivers in the foster care system to discuss what would best serve family prevention services needs in the community
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Explore with child welfare stakeholders and local legal service providers whether to access IV-E funding for this area.
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If prevention services were not offered before remov-al and the case involves mental health, substance use, or parenting skills, consider whether a fair hearing is warranted pursuant to federal regulations. These regu-lations provide that failure to offer or render prevention services is a possible basis for requesting an administra
fair hearing objection
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If federally funded prevention services were used before the child’s removal, ask whether they were provided with fidelity (e.g., according to written policy, frequency of service, targeted group).
services provided with FIDELITY
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If you are appointed after a petition for removal is filed, advocate for prevention services to be offered as an al-ternative to removal—including services for the parent, kinship caregiver, or the child.
services for "parent" OR "child"
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If you are appointed when prevention services are provided, work with your client to ensure those services meet the client’s needs
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If you are appointed after a petition for removal has been filed, ask whether prevention services were offered before removal—including services for the parent, kinship caregiver, or child. If appropriate for your client’s goals, advocate for prevention services as an alternative to removal
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The requirements for these services do not prohibit a state from offering other prevention services through state and local dollars or the more limited federal funding available through Title IV-B, Subpart 2, the Promoting Safe and Stable Families Program.8 Indeed, a broad service array responsive to specific community needs is encouraged and Family First funding may be just one funding stream used to support a more comprehensive service array.
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rendered by a “qualified clinician.”
ABA Guide
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The Family First Prevention Services Act of 2018A Guide for the Legal Community
The Family First Prevention Services Act of 2018A Guide for the Legal Community
family-first-legal-guide.pdf/
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cdhs.colorado.gov cdhs.colorado.gov
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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.
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Core Services Program goals Focus on family strengths by directing intensive services that support and strengthen the family and/or protect the child/youth Prevent out-of-home placement of the child/youth Return children/youth in placement to their own home or unite children/youth with their permanent families Provide services that protect the child/youth
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recognition that children/youth need a safe and stable family and that separating children/youth from their families and communities removes them from natural supports and often causes trauma, leaving lasting negative effects.
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advance.lexis.com advance.lexis.com
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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
Tags
Annotators
URL
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advance.lexis.com advance.lexis.com
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19-3-100.5. Legislative declarations - reasonable efforts - movement of children and sibling groups.
C.R.S. 19-3-100.5
Tags
Annotators
URL
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docdrop.org docdrop.org
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Demosthenes Lorandos, William Bernet & Richard Sauber (2013), Parental Alienation: Handbook for Mental Health and Legal Pro-fessionals
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Journal of Family Medicine and Disease Prevention
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docdrop.org docdrop.org
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• Make specific findings to deviate from the assessmentrequired in 19-1-115 (4)(h).• Make findings regarding why an alternative other thanQRTP does not meet the needs of the child/youth.• Lack of available placements cannot be a reason.• Make required findings:• QRTP provides the most effective appropriatelevel of care for the child/youth/juvenile in the leastrestrictive environment.• Consistent with the permanency plan (if set).• Consistent with the child/youth/juvenile’s short- andlong-term goals.• Set QRTP review prior to discharge date or no longerthan 90 days, see 19-1-115(4)(g)
Benchcard QRTP Elgibility Scenario = Court Approves/Orders QRTP | IA does NOT Recommend QRTP
Instruction to judge: * • Make specific findings to deviate from the assessment required in 19-1-115 (4)(h). * • Make findings regarding why an alternative other than QRTP does not meet the needs of the child/youth. * • Lack of available placements cannot be a reason. * • Make required findings: * • QRTP provides the most effective appropriate level of care for the child/youth/juvenile in the least restrictive environment. • Consistent with the permanency plan (if set). • Consistent with the child/youth/juvenile’s short- and long-term goals. • Set QRTP review prior to discharge date or no longer than 90 days, see 19-1-115(4)(g)
*Also see Tags "candidate for foster care"
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The court shall give great weight to the recommendation in the independent assessment. If the Court deviates from the recommendations in the assessment, the Court shall make specific findings of fact set forth in 19-1-115 (4)(h)
The court shall give great weight to the recommendation in the independent assessment.
If the Court deviates from the recommendations in the assessment, the Court shall make specific findings of fact set forth in 19-1-115 (4)(h)
19-1-115 (4)(h): (h) In making a decision as to proper placement in a qualified residential treatment program, the court or the administrative review division shall consider the assessment provided by the qualified individual and the most recent assessment, as described in subsection (4)(e) of this section, and shall give great weight to the recommendation in the assessment when making a qualified residential treatment program placement decision. An assessment prepared by the qualified individual must identify whether a qualified residential treatment program is the most effective, appropriate, and least restrictive placement for the child or youth. The assessment must also identify child- or youth-specific short- and long-term goals for the child or youth and the family. If the court or administrative review division deviates from the qualified individual’s assessment and recommendation, the court or the administrative review division shall make specific findings of fact regarding the most effective, appropriate, and least restrictive placement for the child or youth and whether the placement is consistent with child- or youth-specific short- and long-term goals for the child or youth and the family. When making such findings of fact, the court or administrative review division shall consider all relevant information, including: (I) Whether the protocol for the qualified residential treatment program assessment was followed; (II) The strengths and specific treatment or service needs of the child or youth and the family; (III) The expected length of stay; and (IV) The placement preference of the child or youth and the family.
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Family First Prevention Services ActQualified Residential Treatment Program Bench Card
QRTP-Benchcard-Updated-October-2021.pdf Official BC from state to direct judges
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www.childrensdefense.org www.childrensdefense.org
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IMPLEMENTING THEFAMILY FIRST PREVENTION SERVICES ACTA Technical Guide for Agencies, Policymakers and Other Stakeholders
FFPSA-Guide.pdf IMPLEMENTING THE FAMILY FIRST PREVENTION SERVICES ACT A Technical Guide for Agencies, Policymakers and Other Stakeholders
COLLABORATING ORGANIZATIONS: Children’s Defense Fund American Academy of Pediatrics ChildFocus FosterClub Generations United Juvenile Law Center National Indian Child Welfare Association WITH GENEROUS SUPPORT FROM: Annie E. Casey Foundation Redlich Horwitz Foundation ZOMA Foundation
INTRODUCTION: THE FAMILY FIRST PREVENTION SERVICES ACT AND ITS OPPORTUNITIES FOR CHILDREN AND FAMILIES The Family First Prevention Services Act (Family First), signed into law on February 9, 2018, provides a historic opportunity for child welfare agencies and their partners to improve the lives of children and families touched by the child welfare system. By expanding critical federal resources, Family First takes bold steps to keep families together, prevent unnecessary foster care removals and ensure that children grow up in safe and loving families. The law also offers important tools to help States and Tribes improve the quality of services and supports, including new requirements for placement assessments, evidence-based programs, residential treatment, and common-sense licensing
Family First’s framework is built around three fundamental principles:
1.Help families whose children are at risk of removal stay together safely: Family First expands eligibility for Title IV-E, previously restricted primarily to out-of-home foster care placements, to be used for services to strengthen families and prevent children from being separated from their parents. To ensure that federal funding is used to support effective services, Family First also requires new evidentiary standards for critical substance use, mental health, and parenting supports. Critically, Family First does not apply the income eligibility requirements used for foster care to these services, meaning that income does not dictate whether a family can access them. 2. Ensure that children in foster care can live with a family: Family First reinforces long-standing federal and state laws prioritizing family-based care, preferably within a child’s own family network. It also requires additional steps by child welfare agencies and the courts to ensure that non-family settings are only used to meet specific treatment needs by limiting federal funding for non-therapeutic residential placements. 3. Improve access to high quality residential treatment: Family First recognizes that some children and youth may require high quality residential treatment to stabilize them before they are able to return to their families and communities. For the first time, federal funding is limited only to high-quality residential treatment programs that are short-term, meet minimal standards for quality of clinical care, involve families in treatment plans, and work towards helping children and youth return to family-based settings as quickly and safely as possible.
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www.acf.hhs.gov www.acf.hhs.govAbout5
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Child Welfare Policy Manual
"[US] Child Welfare Policy Manual" CHILDREN'S BUREAU An Office of the Administration for Children & Families U.S. Department of Health & Human Services
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Question 1. May we claim Federal financial participation (FFP) for the administrative costs associated with foster care candidates even for children who never enter foster care? Answer Yes. Federal financial participation for administrative costs listed at 45 CFR 1356.60(c) may be claimed regardless of whether the child is actually placed in foster care and becomes a recipient of title IV-E foster care benefits. However, reimbursement is limited to those individuals the title IV-E agency reasonably views as candidates for title IV-E foster care maintenance payments consistent with section 472(i)(2) of the Social Security Act. The three acceptable methods of documentation indicating that a child is a candidate for title IV-E foster care benefits are: (1) A defined case plan which clearly indicates that, absent effective preventive services, foster care is the planned arrangement for the child, (2) an eligibility determination form which has been completed to establish the child's eligibility under title IV-E, or (3) evidence of court proceedings in relation to the removal of the child from the home, in the form of a petition to the court, a court order or a transcript of the court's proceedings. Should the title IV-E agency determine that the child is no longer a candidate for foster care at any point prior to the removal of the child from his home, subsequent activities will not be allowable for reimbursement of costs under title IV-E. Source/Date ACYF-CB-PA-87-05 (10/22/87); 7/7/2006; (12/17/2019) Legal and Related References Social Security Act - sections 471(a)(15), 472(i)(2), and 479B; DHHS Grant Appeals Board Decision No. 844; ACYF-CB-IM-06-02
*Page [LINK], b/c the relay has a broken redirect*(https://www.acf.hhs.gov/cwpm/public_html/programs/cb/laws_policies/laws/cwpm/policy_dsp.jsp?citID=79)
TL;DR: She qualifies for QRTP; custody/adjudication is not a requirement
The three acceptable methods of documentation indicating that a child is a candidate for title IV-E foster care benefits are: (1) A defined case plan which clearly indicates that, absent effective preventive services, foster care is the planned arrangement for the child, (2) an eligibility determination form which has been completed to establish the child's eligibility under title IV-E, or (3) evidence of court proceedings in relation to the removal of the child from the home, in the form of a petition to the court, a court order or a transcript of the court's proceedings.
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By definition, a candidate is a child for whom the title IV-E agency is either pursuing or making reasonable efforts to prevent a remova
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Question 2. At what point may a child be considered a candidate for foster care? Answer A candidate for foster care is a child who is at serious risk of removal from home as evidenced by the title IV-E agency either pursuing his/her removal from the home or making reasonable efforts to prevent such removal. The basis for determining when a child may be considered a candidate for foster care can be found in statute, Departmental policy, and Departmental Appeals Board (DAB) decisions: STATUTE: Section 471(a)(15)(B)(i) of the Act provides the frame of reference for determining the point at which a child becomes a candidate for foster care by requiring a title IV-E agency to make reasonable efforts to prevent a child's removal from home. A child may not be considered a candidate for foster care solely because the title IV-E agency is involved with the child and his/her family. In order for the child to be considered a candidate for foster care, the title IV-E agency's involvement with the child and family must be for the specific purpose of either removing the child from the home or satisfying the reasonable efforts requirement with regard to preventing removal. DEPARTMENTAL POLICY: Stipulates the three acceptable methods for documenting a child's candidacy for title IV-E foster maintenance payments. The existence of these forms of documentation indicates that a child legitimately may be considered a candidate for foster care: 1) A defined case plan which clearly indicates that, absent effective preventive services, foster care is the planned arrangement for the child. The decision to remove a child from home is a significant legal and practice issue that is not entered into lightly. Therefore, a case plan that sets foster care as the goal for the child absent effective preventive services is an indication that the child is at serious risk of removal from his/her home because the title IV-E agency believes that a plan of action is needed to prevent that removal. 2) An eligibility determination form which has been completed to establish the child's eligibility for title IV-E foster care maintenance payments. Completing the documentation to establish a child's title IV-E eligibility is an indication that the title IV-E agency is anticipating the child's entry into foster care and that s/he is at serious risk of removal from home. Eligibility forms used to document a child's candidacy for foster care should include evidence that the child is at serious risk of removal from home. Evidence of AFDC eligibility in and of itself is insufficient to establish a child's candidacy for foster care. 3) Evidence of court proceedings in relation to the removal of the child from the home, in the form of a petition to the court, a court order or a transcript of the court proceedings. Clearly, if the title IV-E agency has initiated court proceedings to effect the child's removal from home, s/he is at serious risk of removal from the home. DAB DECISIONS: DAB Decision No. 1428 offers the following guidance for identifying the point at which a child may be considered a candidate: "...The methods of documenting candidacy [identified in the Department's policy guidance] involve activities which occur at a point when the state has initiated efforts to actually remove a child from his or her home or at the point the state has made a decision that the child should be placed in foster care unless preventive services are effective..." The DAB also ruled in Decision No. 1428 that a report of child abuse or neglect is insufficient for establishing a child's candidacy for foster care: "...The fact that a child is the subject of [a child abuse/neglect report] falls far short of establishing that the child is at serious risk of placement in foster care and thus of becoming eligible for IV-E assistance..." A candidate, in the opinion of the DAB, is a child who is at serious risk of removal from his/her home because the title IV-E agency is either pursuing that removal or attempting to prevent it. A child cannot be considered a candidate for foster care when the title IV-E agency has no formal involvement with the child or simply because s/he has been described as "at risk" due to circumstances such as social/interpersonal problems or a dysfunctional home environment. Source/Date ACYF-CB-PA-01-02 (7/3/01); (12/17/2019) Legal and Related References Social Security Act - sections 471(a)(15), 472(i), and 479B; Departmental Appeals Board Decision No. 1428
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www.sos.state.co.us www.sos.state.co.us
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F. To be eligible for admission to a qualified residential treatment program (QRTP) the child must bedetermined to be appropriate for placement in a qrtp through the independent assesssmentprocess by a qualified individual in accordance with 19-1-115(4)(e)(i), c.r.s
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7.424.21 REFERRAL AND ELIGIBILITY
QRTP Eligibility. CCR 4.424.21
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advance.lexis.com advance.lexis.com
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When the child, juvenile, or youth has not been committed to the division of youth services and the court has ongoing jurisdiction,
QRTP Eligibility 19-1-115 4.e.I
Referenced by CCR 7.424.2 ACUTE RESIDENTIAL FACILITIES
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advance.lexis.com advance.lexis.com
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If the court or administrative review division deviates from the qualified individual’s assessment and recommendation, the court or the administrative review division shall make specific findings of fact regarding the most effective, appropriate, and least restrictive placement for the child or youth and whether the placement is consistent with child- or youth-specific short- and long-term goals for the child or youth and the family. When making such findings of fact, the court or administrative review division shall consider all relevant information, including:(I) Whether the protocol for the qualified residential treatment program assessment was followed;(II) The strengths and specific treatment or service needs of the child or youth and the family;(III) The expected length of stay; and(IV) The placement preference of the child or youth and the family.
C.R.S. 19-1-115 (4)(h)
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coloradocwts.com coloradocwts.com
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Candidate for Foster Care:For the purposes of Title IV-E Prevention Services,a child is a candidate for foster care when atserious risk of entering or reentering foster careand who is able to remain safely in the home withprovision of mental health, substance use disorder,or In-home parenting services for the child, parentor kin caregiver. Foster youth who are pregnant orparenting are also candidates.COLORADO'S FINALDEFINITION
CODE OF COLORADO REGULATIONS 12 CCR 2509-7 Social Services Rule
7.601.71 Title IV-E Foster Care
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Coloradowants:• All kids who need services to have access toservices and to be served in their family’s homeor in a relative’s home whenever possible• Families to have what they need to keep theirfamily safe and together, and• Services available without requiring the family tobe involved in the child welfare system
YOU DO???!!!!!! THEN LET'S GET TO IT
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FEDERAL DEFINITION OFCANDIDACYA “child who is a candidate for foster care” is defined asa child who is identified in a title IV-E prevention plan asbeing at imminent risk of entering foster care, but whocan remain safely in the child's home or in a kinshipplacement as long as the title IV-E prevention servicesthat are necessary to prevent the entry of the child intofoster care are provided”This includes a child whose adoption or guardianshiparrangement is at risk of a disruption or dissolution thatwould result in a foster care placement (section 475(13)of the Act).
TL;DR
She qualifies. Adjudication/custody not required
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Family Involvement & After Care•Family members will be involved in treatment
FAMILIES WILL BE INVOLVED IN TREATMENT
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level of care assessment is intended to be collaborative with the family, identified family supports and all who may be providing services and supports to the youth/
ALL WHO MAY BE PROVIDING SERVICES AND SUPPORT
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assessment process, the caseworker must arrange a "Family and Permanency Team meeting”
assessment process, the caseworker mustarrange a "Family and Permanency Team meeting
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placement provides the most effective level of care
The COURT MUST approve placement provides MOST EFFECTIVE LEVEL OF CARE
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Counties will continue to use Child Welfare Block, Core and County-onlyfunding to provide services that best meet the needs of theircommunities
Not all youth and families will benefit from the limited set of Clearinghouse approved services
Counties will continue to use Child Welfare Block, Core and County-only funding to provide services that best meet the needs of theircommunities
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FEDERAL REQUIREMENTS FORPREVENTION SERVICES
Evidence-based in Family First Programs that can show positive outcomes for children, youth and families and meet the established evidence standards by the Title IV-E Clearinghouse
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COLORADO IMPLEMENTATIONCORE VALUES
From the state: COLORADO IMPLEMENTATION
CORE VALUES
The following values were developed to ground Colorado's Family First Implementation * Family and youth voices are the loudest-heard, considered and respected
- Improve policy, practice and quality of services based on scientific evidence
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FEDERAL PREVENTION SERVICESTO KEEP FAMILIES TOGETHER
Mental health services and/or substance abuse prevention and treatment services for a child AND parent or kin caregivers
In-home parenting skill support for parent
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preventionservices that are evidence-based
Creates new federal funding for prevention services that are evidence-based and trauma- informed • The aim of these services is to keep families safely together
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FAMILY FIRST 101
Comprehensive training on FFPSA by the state
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www.acf.hhs.gov www.acf.hhs.gov
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QRTP Placement Requirement – Ongoing Review and Permanency Hearing Requirements:As long as a child remains placed in a QRTP, the title IV-E agency shall submit evidence at eachstatus review and each permanency hearing held for the child:• demonstrating that ongoing assessment of the strengths and needs of the child continuesto support the determination that the needs of the child cannot be met through placementin a foster family home, that the placement in a QRTP provides the most effective andappropriate level of care for the child in the least restrictive environment, and that theplacement is consistent with the short- and long-term goals for the child, as specified inthe permanency plan for the child;• documenting the specific treatment or service needs that will be met for the child in theplacement and the length of time the child is expected to need the treatment or services;and• documenting the efforts made by the agency to prepare the child to return home or to beplaced with a fit and willing relative, a legal guardian, or an adoptive parent, or in a fosterfamily home (section 475A(c)(4) of the Act)
Advantage of QRTP is it has a stricter mandate for review and accountability of progress and standards of treatment
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co4kids.org co4kids.org
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Placement in a QRTP must be necessary, temporary and treatment-focused
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drive.google.com drive.google.com
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Family and youth engagement Ongoing and meaningful engagement of children and families with lived experience should be part of every child welfare system,
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Trauma-informed treatment model Many jurisdictions already required providers to have a trauma-informed treatment model prior to Family First.
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Colorado Independent Assessment Toolkit
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docs.google.com docs.google.com
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Colorado CANS Training
How do I get Trained?
There are currently two options for training. The recommended option is the Colorado Assessor Training, which includes two day sessions (usually 9-2:30, 1 hour lunch breaks and two 15-20 minute breaks), and certification test coupon code. The other option is online only and does not include the Colorado Model or coupon code.
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www.dhs.state.mn.us www.dhs.state.mn.us
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3. Child and Adolescent Needs and Strengths (CANS)The department elected to use the Child and Adolescent Needs and Strengths functional assessmenttool, adapting as Minnesota’s QRTP Child and Adolescent Needs and Strengths functional assessmenttool.The CANS is a functional assessment tool developed by the Praed Foundation that informs QRTPassessments. QIs will interview children, parents, and consult with the family and permanency team andtribal representative to gather all pertinent information needed to complete the CANS and make arecommendation. The CANS is used at the end of this discovery or assessment process to organizeinformation collected. It will help QI understand and determine a child’s strengths and areas where theyneed support. The CANS reflects consensus from the entire group. It is not a diagnostic tool and doesnot make the final decision for a recommendation.According to the Praed Foundation, since the tool’s primary purpose is communication, the CANS isdesigned based on communication theory, rather than psychometric theories that influenced mostmeasurement development. The CANS is based on transformational collaborative outcomesmanagement theory. The decision-making process is a consensus and belief that parents and childrenknow their story. Administering the CANS is a story-telling process. Assessors bring together all of thestorytellers. The key principles of this tool come from Inuit tribal cultural worldview, also used in thewraparound model; it is the concept of expertise using a circle, talking things through, and reachingconsensus. Administration of the CANS is a discovery process leading to a decision to help. The tool firstensures understanding of cultural context before making decisions regarding what to do. This processdescribes a person, not how they are or are not using services.The CANS tool captures:• Narrative of a child’s story• Child and the family and permanency team’s perspectives• Explanations on how needs can warrant action• Ideas that it may also serve as an intervention unto itself• Use of language reflective of a child’s and families’ strengths.The Minnesota QRTP individualized assessment modules, depending on needs of individuals. Basic coreitems are rated for all children and youth:
CANS is a functional assessment tool developed by the Praed Foundation that informs QRTP assessment
he CANS is used at the end of this discovery or assessment process to organize information collected.
The CANS reflects consensus from the entire group. It is not a diagnostic tool and does not make the final decision
According to the Praed Foundation, since the tool’s primary purpose is communication,
The decision-making process is a consensus and belief that parents and children know their story.
The CANS tool captures: • Narrative of a child’s story • Child and the family and permanency team’s perspectives
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www.govinfo.gov www.govinfo.gov
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(2) Within 60 days of the start of each place-ment in a qualified residential treatment pro-gram, a family or juvenile court or anothercourt (including a tribal court) of competentjurisdiction, or an administrative body ap-pointed or approved by the court, independ-ently, shall—(A) consider the assessment, determina-tion, and documentation made by the quali-fied individual conducting the assessmentunder paragraph (1);(B) determine whether the needs of thechild can be met through placement in a fos-ter family home or, if not, whether place-ment of the child in a qualified residentialtreatment program provides the most effec-tive and appropriate level of care for thechild in the least restrictive environmentand whether that placement is consistentwith the short- and long-term goals for thechild, as specified in the permanency planfor the child; and(C) approve or disapprove the placement
TITLE 42—THE PUBLIC HEALTH AND WELFARE 42 U.S.C. 675a - (c) Assessment, documentation, and judicial determination requirements for placement in a qualified residential treatment program
Court has full control of placement. It can order Rhyanna to be able to stay at QRTP practically indefinitely if necessary
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advance.lexis.com advance.lexis.com
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(h) In making a decision as to proper placement in a qualified residential treatment program, the court or the administrative review division shall consider the assessment provided by the qualified individual and the most recent assessment, as described in subsection (4)(e) of this section, and shall give great weight to the recommendation in the assessment when making a qualified residential treatment program placement decision. An assessment prepared by the qualified individual must identify whether a qualified residential treatment program is the most effective, appropriate, and least restrictive placement for the child or youth. The assessment must also identify child- or youth-specific short- and long-term goals for the child or youth and the family. If the court or administrative review division deviates from the qualified individual’s assessment and recommendation, the court or the administrative review division shall make specific findings of fact regarding the most effective, appropriate, and least restrictive placement for the child or youth and whether the placement is consistent with child- or youth-specific short- and long-term goals for the child or youth and the family. When making such findings of fact, the court or administrative review division shall consider all relevant information, including:(I) Whether the protocol for the qualified residential treatment program assessment was followed;(II) The strengths and specific treatment or service needs of the child or youth and the family;(III) The expected length of stay; and(IV) The placement preference of the child or youth and the family.
-See Official Benchcard
The court shall give great weight to the recommendation in the independent assessment.
If the Court deviates from the recommendations in the assessment, the Court shall make specific findings of fact set forth in 19-1-115 (4)(h)
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docdrop.org docdrop.orgUntitled3
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SEC. 202. ASSESSMENT AND DOCUMENTATION OF TH_ NEED FOR PLACEMENTIN A QUALIFIED RES- —_ IDENTIAL TREATMENT PROGRAM.
FFPSA-253-Section-202.PDF
US Code - SEC. 202. ASSESSMENT AND DOCUMENTATION OF THE NEED FOR PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM
Section 475A of the Social Security Act (42 U.S.C. 675a) is amended
The highlighted by them copy of the US Code used by the Colorado FFSPA Implementation Team
The purpose of the Family First Prevention Act (Family First) Implementation Team is to implement the "Colorado Family First Prevention Services Act: A Road Map to the Future," created by the Family First Prevention Services Act Advisory Committee. The Family First Implementation Team is responsible to develop, deploy and monitor a plan to implement the specific defined topic area recommendations and activities within the Road Map. Objectives and outcomes include:
- Ensuring Colorado Family First vision/values are being upheld
- Defining/prioritizing areas of focus
- Identifying and recruiting needed people for participation in implementation workgroups
- Assuring an evaluation component accompanies implementation
- Monitoring and reporting on implementation progress (use of data)
- Developing and implementing a communication and education plan
- Communicating and coordinating with Colorado Department of Human Services, Advisory Committee and The Delivery of Child Welfare Services Task Force
https://bha.colorado.gov/family-first-prevention-services-act-implementation-team
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The quali-fied individual conducting the assessment, required
The qualified individual conducting the assessment, required under subparagraph (A) shall work in conjunction with the family of, and permanency team for, the child while conducting and making the assessment. The family and permanency team shall consist of all appropriate biological family members, … as well as, as appropriate, professionals who are a resource to the family of the child, such as teachers, medical or mental health providers who have treated the child, or clergy. THE STATE SHALL document in the child’s case plan— (I) the reasonable and good faith effort of the State to identify and include all such individuals on the family of, and permanency team for, the child; (II) all contact information for member of the family and permanency team, as well as contact information for other family members and fictive kin who are not part of the family and permanency team; (III) EVIDENCE THAT MEETINGS of the family and permanency team, including meetings relating to the assessment required under subparagraph (A), are held at a time and place convenient for family (IV) if reunification is the goal, EVIDENCE demonstrating that the parent from whom the child was removed provided input on the members of the family and permanency team; (V) EVIDENCE that the assessment required under subparagraph (A) is determined in conjunction with the family and permanency team; and “(VI) [EVIDENCE^] the placement preferences of the family and permanency team relative to the assessment and, if the placement preferences of the family and permanency team and child are not the placement setting recommended by the qualified individual conducting the assessment under subparagraph (A), the reasons why the preferences of the team and of the child were not recommended. ‘“(C) In the case of a child who the qualified individual conducting the assessment under subparagraph (A) determines should not be placed in a foster family home, the qualified individual shall specify in writing the REASONS WHY THE NEEDS OF THE CHILD CANNOT BE MET BY THE FAMILY OF THE CHILD
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determinewhether the needs of the—child can be met with family members
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Family System: Parent-Child Interaction andFamily FunctioningWhen results of the comprehensive familyassessment conclude that strengtheningfamily functioning and parent-child interactionwill promote protective factors andreduce risk factors for child maltreatment,multidimensional, family-based strategiesand interventions often are the best option.Interventions range from change strategiesdelivered by family preservation programs,which may be delivered by the worker or aprivate provider to target specific parent-childinteraction or relationships. Examples of bothtypes are included in tabl
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The American Professional Society on theAbuse of Children (APSAC) suggests thatthese children and families deserve anapproach that is collaborative, respectful,and includes interventions that are most likelyto lead to outcomes on family-identifiedand programmatic goals. This individualizedapproach is a focused, assessment-driven, andscience-informed approach that both favorsplans
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interventions should be selected based on the needs of the family and the availability of strategies and interventions wi
interventions should be selected based on the needs of the family and the availability of strategies and interventions with the highest level of evidence
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Principles for Matching Change Strategies and/or Interventions to Key Desired Outcome
*IMPORTANT***
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It is important to note, however, that only a minority of child welfare-involved children develop clinically significant levels of self-reported, post-traumatic stress symptoms, so assessment is essential (Kolko et al., 2010).
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CHILD ABUSE AND NEGLECT USER MANUAL SERIES
Child Protective Services:A Guide for Caseworkers 2018
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Evidence-based practice is generally meant when the caseworker considers the current best evidence about a particular problem or need, family preferences, the specific family circumstances, and the practitioner’s clinical expertise (Gibbs, 2003; Shlonsky & Benbenishty, 2014)
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emphasized throughout this manual, it is crucial that agencies support families to receive tailored interventions or change strategies based on the families’ unique strengths and needs, best available research, practice exper-tise, and available resources
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docdrop.org docdrop.org
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Ten Parental Alienation Fallacies That Compromise Decisions in Courtand in Therapy
Richard A. Warshak Professional Psychology: Research and Practice © 2015 American Psychological Association 2015, Vol. 46, No. 4, 235–249 0735-7028/15/$12.00 http://dx.doi.org/10.1037/pro0000031
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Alienated adolescents’ stated preferences should domi-nate custody decisions.Practice recommendations.Custody evaluators and educativeexperts should be aware, and be prepared to inform the court, thatadolescents are suggestible, highly vulnerable to external influ-ence, and highly susceptible to immature judgments, and thus weshould not assume that their custodial preferences reflect matureand independent judgment. If an adolescent’s best interests wouldbe served by repairing a damaged relationship with a parent,evaluators’ recommendations and court decisions should reflectthe benefits of holding adolescents accountable for complying withappropriate authority. Although adolescents protest many of soci-ety’s rule and expectations, they will generally respond to reason-able limits when these are consistently and firmly enforced.8. Children who irrationally reject a parent but thrive inother respects need no intervention.Practice recommendations.Evaluators should be careful notto overlook an alienated child’s psychological impairments thatmay be less apparent than the child’s good adjustment in domainssuch as school and extracurricular activities. Evaluators can assistthe court’s proper disposition of a case by identifying the cogni-tive, emotional, and behavior problems that accompany irrationalaversion to a parent, as well as the potential long-term negativeconsequences of remaining alienated from a paren
!!! IMPORTANT!!!
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an evaluation finds that a child is severely and irrationallyalienated from a parent, and that it is in the child’s best interests torepair the damaged relationship, the evaluator should exercisecaution about recommending a course of traditional psychotherapywhile the child remains apart from the rejected parent. Recom-mendations for therapy in such circumstances should include ad-vice to the court about imposing (a) a time frame after which theimpact of treatment will be assessed, (b) explicit criteria forevaluating progress and success of treatment, and (c) contingencyplans in the event that the treatment is ineffective. For instance, ifthe judge informs the parties that a failed course of therapy mayresult in an increase in the child’s time with the rejected parent orin a reversal of custody, this may help increase the child’s moti-vation to participate meaningfully in treatment and the favoredparent’s support for treatment
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need not identify scholastic or social adjust-ment problems outside the family to be concerned about an alien-ated child’s psychological state. Harboring irrational
Psychological problems inherent in irrational rejection of a loving parent. We need not identify scholastic or social adjat ment problems outside the family to be concemed about an alien- ated child's psychological state. Harboring irrational alienation from a parent, as with most significant irrational aversions, is sign of a psychological problem in itself. Unreasonable anxieties or obsessive hatred and fixed negative stereotypes justify interven tion to alleviate suffering and this is no less true when the target of aversion is a parent.
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ome custody evaluators and decision makers oppose interven-tions for alienated children if the parent–child conflict is anexception to a child’s apparent good adjustment in other spheres,such as in school and with peers. These professionals believe thatchildren who are doing well in other aspects of life should beempowered to make decisions regarding contact with a parent.Professionals who advocate this position express concerns thatinterventions for resistant youth, such as court-ordered outpatienttherapy, may disrupt the children’s psychological stability, arelikely to prove unsuccessful, and will leave children feelin
Warshak (in press) presents three reasons to intervene on behalf of alienated children despite their apparent good adjustment in areas unrelated to their relationship with the rejected parent. First, children's apparent good adjustment may be superficial or coexist with significant psychosocial problems. Second, regardless of ad- justment in other spheres, the state of being irrationally alienated from a loving parent is a significant problem in its own right and is accompanied by other indices of psychological impairment. Third, growing up apart from and in severe conflict with an able parent risks compromising children’s future psychological devel-opment and interpersonal relationships
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Children Who Irrationally Reject a Parent ButThrive in Other Respects Need No Interventio
*IMPORTANT*"
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child.Courts cannot enforce orders for parent–child contactagainst an alienated teen’s wishes.A judge who understoodthat a 13-year-old’s decision to sever his relationship with hisfather reflected impaired judgment nevertheless acquiesced to theboy’s demands because, “He is now of an age where, even if hemay be too immature to appreciate what is best for him, he cannotbe physically forced to remain where he does not want to be”(Korwin v. Potworowski, 2006, ¶ 145). This judge is not alone.Other judges, child representatives, parenting coordinators, psy-chotherapists, and parents often report feeling stymied when ado-lescents refuse to cooperate with the court-ordered parenting timeschedule (DeJong & Davies, 2012;Johnston, Walters, & Fried-lander, 2001). These children can be so convincing about theirresolve to have their way with respect to avoiding a parent thatthey convince the court that they are beyond its authority. Theyinduce a sense of helplessness in judges.Adults need not feel helpless in the
IMPORTANT***!!!
Adults need not feel helpless in the face of oppositional behavior from alienated teens. Two studies have reported that most children's protests evaporate when reunited with a rejected parent (Clawar & Rivlin, 2013; Warshak, 2010b) and this is illustrated anecdotally by high profile cases (Warshak, in press). Instead of appeasing children's demands, the court can order an intervention to assist children in adjusting to court orders that place them with their rejected parent (Warshak, 2010b).
Adolescents comply with many rules and expectations that are not of their own choosing. It is an error to assume that they do not benefit from an assertion of authority on the part of the court and their parents. Teens need adult guidance, structure, and limits as much as if not more than do younger children. When a teen has been violent toward a rejected parent, allowing the teen's wishes to determine the outcome of a custody case can be seen as rewarding violent behavior (Warshak, 2010b). Children of any age need to understand that they are not above the law or beyond its reach.
Child custody evaluators and educative experts should inform the court about the benefits and drawbacks of various means of giving adolescents a voice in a custody dispute (Dale, 2014: Warshak, 2003b). Courts also need to learn about the suggestibility of adolescents and their susceptibility to immature judgment and external influence.
If the evidence suggests that the child's viewpoints do not reflect mature judgment independent of the other parent's un- healthy influence, or the child's expressed preferences are unlikely to serve the child's best interests, the court should impress on the adolescent, either directly or through agents of the court, the necessity of complying with the residential schedule put in place by the court. The parents and the child should understand that failure to comply with court orders will not be overlooked and will not result in the court capitulating to the overt demands of the adolescent. A firm stance by the court brings the added benefit of relieving the child of needing to maintain a parent's approval by refusing to spend time with the other parent.
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Alienated Adolescents’ Stated Preferences ShouldDominate Custody Decision
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docdrop.org docdrop.org
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CHILDRENIf you qualify for financial assistance, a lawyer may be assigned to you by the court when a petition is filed. If you are not assigned a lawyer and cannot afford one, the following organizations may be able to help: The Legal Service Corporation ("America's Partner for Equal Justice") may help you find a legal aid organization near you.Your county or local department of assigned counsel may help you find a private attorney to represent you in court (serve as your lawyer). A State or city LegalAid office may also be able to help you find an attorney who
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sites.google.com sites.google.com
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The APA and the Mental Health Child Abuse ScandalMental Health is Commonly Complicit in Child AbuseThe American Psychological Association (APA) Should Revise Its Policy
Large collection of research and authoritative statements
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drcraigchildressblog.com drcraigchildressblog.com
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To mental health professionals: As of October 1, 2015 you are on notice. If you choose to remain ignorant, if you choose to remain incompetent, if you continue to collude with the pathology, and if through your ignorance and incompetence you continue to destroy the lives of children and families… look for me… because I’m coming for you.
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The destruction of children’s lives needs to stop. The deep sorrow and tragedy inflicted on targeted parents needs to stop. The collusion of mental health professionals with the psychopathology of a narcissistic/borderline parent needs to stop. The psychological abuse of children by the pathology of a narcissistic/borderline parent needs to stop. All of it needs to stop. Today. Now
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if you continue to destroy the lives of children and families because you steadfastly choose to maintain your ignorance and professional incompetence, despite reasonable efforts to educate you and guide you into professional competence, then I will become your worst nightmare.
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If, however, you stand-up and do the right thing, then all of the theoretical formulations described in Foundations come to your aid. I’ve given you diagnostic checklists. I’ve specified the three definitive diagnostic indicators for you. I’ve specified the complete DSM-5 diagnosis for you when the three definitive diagnostic indicators are present. And I’ve given you a strong and integrated theoretical foundation to stand on. If you stand-up and do the right thing, you can stand on the solid bedrock of Foundations.
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But you are not allowed to be ignorant and incompetent, and destroy the lives of children and families. Not allowed. Know what you’re doing and do the right thing
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arents have the right to both expect and demand professional competence in the diagnosis and treatment of their children and families. That’s all we’re asking for.
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the vitae of the mental health professional. Review this vitae for evidence of professional training and experience in personality disorder pathology, family systems pathology, and attachment pathology
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Mental health professionals are NOT ALLOWED to abandon children to psychological child abuse
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I am deadly serious on this. Mental health professionals are NOT ALLOWED to collude with psychopathology that destroys the lives of children.
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the therapist only met with the child (and allied parent), and never met with the targeted parent to obtain relevant family history information from this parent’s perspective, then this may represent insufficient information to “substantiate” the diagnostic findings of the mental health professional, in possible violation of Standard 9.01.
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Standard 2.01: Boundaries of Competence In cases of attachment-based “parental alienation” the potential violations likely center on Standard 2.01: Boundaries of Competence, in which the mental health professional failed to possess the necessary knowledge and professional competence in personality disorder pathology, family systems pathology, and attachment trauma pathology necessary to assess, diagnose, and treat the particular type of pathology being evidenced in your family
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. I define these domains of professional competence in Chapter 11 of Foundations, specifically on pages 341-351. I did this for you. You can use the description of the required “Domains of Professional Competence” for the pathology of an attachment-based model of “parental alienation” (i.e., attachment-trauma reenactment pathology mediated by narcissistic/borderline personality pathology) to establish the boundaries of professional competence required under Standard 2.01 (and 9.01) of the Ethical Principles of Psychologists and Code of Conduct of the American Psychological Association.
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I am sometimes asked by an attorney representing their client to provide expert testimony in an ongoing court case involving the pathology of attachment-based “parental alienation.” These requests will typically ask that I provide my expert opinion from the perspective of clinical psychology, child and family therapy, and child development, regarding information provided to me, such as child custody evaluations and treatment progress reports from therapists.
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ct.counseling.org ct.counseling.org
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Heitler agrees a support system is vital. Because targeted parents often experience severe symptoms of depression and anxiety as a result of feeling miscast, she is intentional about outlining the difference between warranted estrangement from children (based on prior abuse in the household) and being alienated (based on no factual forms of abuse in the household before separation) to help reality test a client under the spell of manipulation.
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“What’s happening in outpatient reunification therapy is not only not helping [but] it’s making things far worse,” Baker stresses. “One major problem in general is that clinicians often let these cases go on and on with middle-of-the-road treatments without getting to the underlying cause. Many therapists let these cases go for years without saying, ‘Gee, I’m not really doing anything good here.’” “There’s this false belief that it’s impossible to tell what’s really going on,” she continues. But “it’s not impossible to tell if clinicians were trained specifically in this subspecialization.”
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Bernet developed the five-factor model, which is an effective method to use when diagnosing parental alienation. This model includes five criteria for diagnosis: Contact refusal: Is the child refusing contact with a parent? Previous relationship: Did the child previously have a positive relationship with the rejected parent? Lack of abuse: Does the rejected parent show signs of being abusive or neglectful Alienating behaviors: Is the preferred parent engaging in alienating behaviors? Child symptoms: Is the child manifesting symptoms of alienation?
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“Parental alienation leads to highly complicated and difficult cases that require far more knowledge and specialization,” notes Amy Baker, a psychologist and parental alienation expert who has written over 65 peer-reviewed articles on the matter. “In other words, even seasoned clinicians with experience in family systems are still, in a way, a novice when dealing with alienation. Humility would be the most important thing for clinicians to have in this regard.”
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docdrop.org docdrop.org
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Family Therapy. Functional family therapy (FFT) is a family-based prevention and intervention program for high-risk youths ages 11–18. It concentrates on decreasing risk factors and increasing protective factors that directly affect adolescents who are at risk for delinquency, violence, substance use, or behavioral problems such as conduct disorder or oppositional defiant disorder. FFT is conducted over 8–12, 1-hour sessions for mild cases; it includes up to 30 sessions of direct service for families in more difficult situations. Sessions generally occur over a 3-month period and can be held in clinical settings as an outpatient therapy model or as a home-based model. In one large-scale study on FFT, which was delivered by community-based therapists, Sexton and Turner (2010) found that when adherence to the FFT model was high, FFT resulted in a significant reduction in felony crimes and violent crimesand a nonsignificant decrease in misdemeanor crimes. In addition, a study by Celinska and colleagues (2013) foundthat FFT had a positive effect on youths in the areas of reducing risk behavior, increasing strengths, and improving functioning across key
"Functional Family Therapy"
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docdrop.org docdrop.org
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Mental health professionals who can diagnose mental illness or can explain issues of bonding and attachmen
IMPORTANT
Expert witnesses are common in child maltreatment cases. Examples of expert witnesses include:
professionals who can diagnose mental illness or can explain issues of bonding and attachmen
the expert’s opinion needs to be relevant, which means that it needs to increase the likelihood that a particular fact is true or that a particular condition exists. Th e expert’s testimony also needs to have a sound scientific basis
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Expert testimony is opinion testimony about a subject that is outside the judge or jury’s knowledge or experience. The witness needs to show that she is qualified to testify as an expert on a particular subject. Th ese qualifications may be based on experience; education and training; professional accomplishments, recognition, and memberships; prior testimony as an expert; or familiarity with the relevant professional literature.
Important
DHS's requirements must meet the minimum standards the court has for expert counsel as when they are needing expert counsel
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CHILD ABUSE AND NEGLECT USER MANUAL SERIES
Working with the Courts in Child Protection
Honorable William G. Jones
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Expanded educational options such as Career and Technical Education (CTE) and enrollment in two-year and four-year institutions should be easily accessible to current and former foster youth. The committee recommends waiving tuition and fees for former foster youth who enroll in in-state postsecondary education and apply for the tuition waiver by age 30
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#1 Waive tuition and fees for Colorado state colleges, universities, and technical schools for current and former foster youth up to age 30
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FFCY Steering Committee Recommendations_FINAL.pdf
COLORADO Office of Children, Youth & Families CDHS Division of Child Welfare
HB 18-1319 Former Foster Care Steering Committee Final Recommendations March 2019
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All current and former foster youth will have access to the post-secondary education and training they need to succeed in their chosen career path
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drive.google.com drive.google.com
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Screw it, use docdrop.org. There's too many chances of missing something in summary view, the title of the page in hypothesis is an ambiguous "google" title. It only works with Via. At the moment, switched to using docdrop and I add the file name in "page notes"
Instructions to annotate Google Drive PDFs: * In order to make sure annotations stay liked to the actual PDF file (i.e. with us unique fingerprint) and are not linked to the non-static/unique non-pdf preview URL, get the "view only" share link for the file and prepend with the Via proxy URL (https://via.hypothes.is/) * The bookmarklet doesn't work * A link to the parent shared folder doesn't work * Supposedly on desktop you can open for in preview, click print, then cancel, then activate the hypothesis extension (test first)
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docdrop.org docdrop.orgview4
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IA-Webinar-5-27-21_Converted-ou775.pdf
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An Assessment Summary will be created at the end of the assessment and given to the referring party
5 An Assessment Summary will be created at the end of the assessment and given to the referring party: • Clinical recommendations, Level of care recommendations, Time spent in a QRTP to date, History of services, If consensus was achieved during Family and Permanency meeting (consensus is not required), Major findings from the Child and Adolescent Needs and Strengths (CANS) tool, Short and long-term clinical goals
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A full psychosocial assessment:•Face to Face with child•Meets with family•Connects with collateral informants: schools, GALs, religious leaders, case workers, current/previous providers, DYS•Reviews documentation: hospital discharges, DYS assessments, school assessments, etc.•Attends Family and Permanency Meeting•Uses the Child and Adolescent Needs and Strengths (CANS) tool to help identify goals, guide decisions making•The Assessor must specify why the needs of the child cannot be met by the family of the child or in a foster family home or any other level of care•The lack of availability of a lower level of care is not a justification for QRTP services
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FAMILY FIRST IMPLEMENTATION
There's another one that looks like this but is better. Different information
Pptx converted to PDF and put in GDrive FAMILY FIRST IMPLEMENTATION https://coloradohsda.org/wp-content/uploads/2021/05/IA-Webinar-5-27-21.pptx
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docdrop.org docdrop.orgview2
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2022 ANNUAL PROGRESS AND SERVICES REPORT2020-2024 CHILD AND FAMILY SERVICES PLAN
2022 ANNUAL PROGRESS AND SERVICES REPORT2020-2024 CHILD AND FAMILY SERVICES PLAN
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ARD’s qualitative case review instrument has items and response sets designed to measure the quality of case practice in the following areas: ●Mental health ●Substance abuse ●Educational stability and progress ●Frequency and quality of contacts with the child/youth and parents ●Engagement of the child/youth and parents in case planning ●Adequacy of visitation between the child/youth and their siblings and parents ●Timeliness of Title IV-E eligibility
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Education and Training Vouchers (ETV) Up to $5,000 per year (based on cost of attendance and availability) Boundless Opportunities Scholarship $500 to $5,000 per year National Foster Parent Association Scholarship Independent status on the FAFSA - If a young person was in foster care on or after the age of 13, they qualify for this status which means that their parents income is not taken into consideration when calculating financial aid: College Opportunity Fund - Created by the Colorado Legislature, provides a stipend to eligible undergraduate students. Eligible undergraduate students must apply, be admitted and enroll at a participating Colorado institution. Both new and continuing students are eligible for the stipend. https://cof.college-assist.org/ **My Colorado Journey website - A great online resource for students: https://www.mycoloradojourney.com/journey
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www.sos.state.co.us www.sos.state.co.us
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“Hard Services”: the purchase of services or distribution of cash payments for the following:- housing funds, including rent, repairs, utilities, or rent deposits- food or money for food- clothing- transportation to include fares, auto repair, auto fuel, auto insurance or bus pass- uncovered medical or dental expenses- appliances, furniture- emergency shelter- employment related expenses, such as tools or dues
Hard Services are the cash assistance provision of Core Services Program https://hyp.is/TQDKaM2QEe2bRYONRlo7aA/cdhs.colorado.gov/child-welfare-core-services-program
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County departments must make all of the Core services, except for county designed services, available toany client who meets the criteria for the service
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www.courts.state.co.us www.courts.state.co.us
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D&N cases should proceed. They emphasize a concept that you will hearoften during the day – that word is “frontloading.” What it means is thatfrom the moment a family enters the court system the court should ensure thatevery available resource and court practice is used to view the case throughthe eyes of the child, to understand that the child cannot wait, to understandthat the time between court hearings can be an eternity to a child, to knowthat children are not resilient
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familyjusticeinitiative.org familyjusticeinitiative.org
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Federal Funding In 2018 the United Stated Department of Health and Human Services, Children’s Bureau, has interpreted administrative costs for foster care to include costs for children’s and parents’ attorneys. (Child Welfare Policy Manual, Section 8.1B, Question 30). For the first time, jurisdictions can seek federal reimbursement for the cost of legal representation for eligible children and their parents. The resources listed below provide information about claiming federal Title IV-E Funds of the Social Security Act to pay for legal representation for children and parents.
Family Justice Initiative
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www.courts.state.co.us www.courts.state.co.us
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Court Improvement ProgramOffice of The Colorado State Court Administrator
CIP
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National Association of Counsel for Children
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Programs should be based on well-articulated theories.
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Programs should have a primary focus on a population served by the child welfare agency.
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however, in describing the models on which their program is based, administrators tend to focus on service delivery characteristics (most notably caseload size and service duration) rather than on the theoretical underpinnings of the service delivery model.
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service programs designed to provide follow-up care to families to whom a child has been returned
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In 1993, Congress passed legislation establishing title IV, part B-2 of the Social Security Act, creating funding for family preservation and family support programs.
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www.courts.state.co.us www.courts.state.co.us
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"Front loading" D&N cases (early identification, notification and involvement of parents andinterested family members in the D&N process, early assessment, and early development ofmeaningful treatment plans)
Early assessment is identified as key, but it, nor a check for accountability of application of Core Services Program is included in the process steps below. And, as this predates FFPSA, no accountability to check for application of Prevention or ongoing services enabled by the act
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Timing. The Adjudicatory hearing will be held within 30 days of the filing of theD&N. If the matter is contested, every effort will be made to set the Adjudicatory trialwithin 45 days of the filing of the D&N petition in a removal case and 60 days in anon-emergent case. The court encourages parties to participate in a Family GroupDecision Making or mediation session prior to this hearing or trial and all futurehearings or trials, whenever appropriate.
!!!! 45 DAYS, 60 DAYS MAX NON-EMERGENT; statute gives a MAXIMUM of 90 DAYS (i.e. 3/5/23)
As quoted, mediation should happen before and does not extend this timeframe
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www.americanbar.org www.americanbar.org
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What research shows:A landmark May 2019 study17 foundproviding parents multidisciplinaryrepresentation in child welfareproceedings significantly improvedcase outcomes. The multiyear studyin New York City compared out-comes for 9,582 families and their18,288 children, looking at differ-ences based on representation type:solo panel attorneys vs. multidis-ciplinary legal teams that includedattorneys, social workers, and parentadvocates. The study found multi-disciplinary representation promot-ed swift permanency outcomes by:■ reducing the time childrenspend in care,■ producing plans that allowedparents to safely care for theirchildren,■ reuniting families sooner, and■ increasing kin placements andguardianships.
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Inappropriate Diagnosis Protocols (Sec. 50743)
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Attorney Roles Will agency counsel work with caseworkers and otheragency staff to ensure procedures are followed?
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Who will be responsible for ensuring diagnoses for chil-dren and youth in care align with the state protocol?
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Where can states seek assistance from other health orsocial services providers to develop protocols
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In cases where prevention services have not been provided: At a preliminary protective or shelter care hearing, canjudges ask if prevention services could be provided in-stead of removal? Will the court require the agency to report why pre-vention services were not pursued in cases that in-volve mental health, substance use, and parent skillchallenges? How will courts evaluate the lack of prevention servicesin relationship to findings that the agency provided rea-sonable efforts to prevent removal as required by federallaw?
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there are two significant ways in whichprevention services can impact judicial decision making: (1)in cases where prevention services were provided but wereunsuccessful and the agency later files a petition to placethe child in foster care; and (2) in cases where the agencyfiles a petition to place the child in foster care without firstattempting to provide prevention services.
two significant ways in whichprevention services can impact judicial decision making: (1) …. and (2) in cases where the agencyfiles a petition to place the child in foster care without firstattempting to provide prevention services.
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hcpf.colorado.gov hcpf.colorado.gov
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Specialty: Qualified Residential Treatment Program (QRTP)Specialty Code: 689 Enrollment Type: Facility Each service location must complete a separate application. A QRTP cannot be enrolled as a Residential Child Care Facility (RCCF-provider type 52) at the same time. Required Attachments: Department of Human Services, Office of Early Childhood, Division of Early Care and Learning, Time Limited Child Care License indicating Service Type as: Qualified Residential Treatment Program. Accreditation by the Joint Commission, the Commission on Accreditation of Rehabilitation Facilities, or Council on Accreditation of Services for Families and Children. Attestation Form for Facilities Enrolling with Health First Colorado (RCCF & QRTP), which can be found on the Provider Forms web page under the Provider Enrollment & Update Forms drop-down, must be completed and attached for in state only. W9 (signed and dated within the last 6 months). Voided business check (no temporary checks or deposit slips) or bank letter (dated within the last 6 months). Malpractice/Liability insurance information must be entered in the application; however, proof of insurance is not a required attachment.
QRTP licensed facilities Colorado
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www.psychologytoday.com www.psychologytoday.com
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Teenagers often make choices while failing to consider the possible consequences of their actions
More highlights below:
These tasks become even harder for teenagers because of their incomplete brain development, lack of experience, rebelliousness, and need to express their individuality even if this puts them in harm’s way.
knowledge of inconvenient facts sometimes is suppressed
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co4kids.org co4kids.org
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For Dependency & Neglect Cases: The Court always conducts the initial review following placement. If all parties consent, subsequent reviews can be conducted by the ARD. The ARD’s first review in these cases would be prior to the 90th day of placement. The ARD review considers the independent assessment, initial and ongoing CANS, clinical documentation, progress in treatment up to the date and all other relevant case information provided by the county to determine if QRTP placement is and continues to be the most appropriate level of
Independent assessment appeal
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community. Access the analysis of residential providers’ transition plans, which shows the latest information on providers ready for QRTP approval that will be approved in Trails on October 1; providers that have submitted a complete application to become a QRTP and are close to approval; facilities pursuing a PRTF license; and facilities pursuing other options. CDHS Licensing is providing one on one coaching, transition planning and technical assistance to facilities that are applying to become a QRTP and/or need to adapt their business model. Transition Funding: SB21-278 requires that CDHS assist residential placement providers in transitioning to models that are Title IV-E and medicaid eligible with Colorado Transition Act funding. About $1.1 million of the state’s transition funds were awarded in grants to providers. Joint CDHS and HCPF Town Halls on Family First Providers cover up-to-date information on the following topics: Child placement rates for provider types; New rates for treatment and therapeutic foster care and age-based rates for standard foster care developed by the Foster Care Workgroup that will take effect July 1st; Identified QRTP needs and updated provider QRTP application process and information about aftercare services; HCPF rule clarification and implications; PRTF placement type and new rates; and Resources - where to find answers and how to get technical assistance. A recording of the June 3rd town hall can be accessed here. Notes for quick reference are also available to Directors on CHSDA’s site.
QRTP licensed facilities and funding for them
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CDHS has developed a set of key strategies, based on stakeholder input, for rightsizing and refining the placement continuum. If there are no QRTP beds available when needed, county staff will need to find the next most appropriate, least-restrictive placement and treatment option until a QRTP placement becomes available.
Options if QRTP not available
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The court must then “determine and approve” the QRTP placement within 60 days and find that the placement provides the most effective, least restrictive level of care, and is consistent with the permanency plan. If any party objects to QRTP placement or the independent assessment does not recommend QRTP level of care, the court hearing must be within 30 days of placement instead of 60. Judges, magistrates and other judicial system partners (Dependency and Neglect and Delinquency) have access to training on Colorado’s QRTP Benchcard and the independent assessment process. County directors also have access to QRTP Benchcard training specific to child welfare practice.
The county, court, and ASO/QI, are all responsible for fucking up this timeframe. However, the concept here is that if there is disagreement on report/assessment/recommendations, that starts a 30 day ticking clock to reconvene.
The first reaction course of action: invoke CDHS and DCW to drive, discipline, support a proper independent assessment; to have them fast track it; to get special as needed funding from them and county if needed to get all proper high quality resources
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The independent assessment process includes a full psychosocial assessment (CANS), direct contact with the child or youth, family or caregivers, interviews with a variety of professionals, and a Family and Permanency meeting. An assessment summary will be created at the end of the assessment and given to the referring party. The summary will include level of care recommendations, clinical recommendations, history of services, time spent in a QRTP to date, if consensus was achieved during the Family and Permanency meeting, findings from the psychological assessment tool, and short- and long-term clinical goals. The Qualified Individual must specify why the needs of the child cannot be met by other levels of care. A lack of lower-level placement options is not a justification for QRTP placement.
**All of this! Where is the all persons included, the CANS report, the permanency meeting, the documentation of failed consensus and why, short and long therapeutic goals, etc
Also, Rhyanna likes Chase House and Beato says "they do a lovely job".
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ASOs will have access to Qualified Individuals in other regions and they are trying to share resources during this initial phase of implementation. If an ASO does not have available Qualified Individuals, they will need to inform OBH and DCW immediately so they can problem solve to ensure that the assessment is done within the timeframes. I
ASO had full access to entire state supply of QIs and support of CDHS and DCW to problem solve getting the right person and assessment done on time
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Contractually, ASOs are required to provide independent assessments in a timely manner.
- ASO is contractually obligated to provide assessment in timely manner
- submitting an inadequate assessment report just to get it in on time but did not adhere to due diligence and standards is not just the same as not submitting at all, it is severe misconduct
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The CDHS Office of Behavioral Health contracts with the Administrative Service Organization (ASO) in your region, who is then responsible for contracting directly with and hiring the Qualified Individual(s) needed and managing quality assurance. Qualified Individuals must be licensed behavioral health professionals, trained in the Child and Adolescent Needs and Strengths (CANS) tool and take advanced Family First and trauma-informed care trainings. As of October 1, 2021, the independent assessment process for all counties is up and running. ASOs continue to be concerned about Qualified Individual capacity, workforce shortages and waitlists.
- does QI have the advanced FFPSA training (doesn't seem like it)
- were QRTP waitlists a motivating factor; which absolutely cannot be a determining factor
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Qualified Individual” means a trained professional or licensed clinician, as defined in the federal “Family First Prevention Services Act”. “Qualified Individual” must be approved to serve as a Qualified Individual according to the state plan. “Qualified Individual” must not be an interested party or participant in the juvenile court proceeding and must be free of any personal or business relationship that would cause a conflict of interest in evaluating the child, juvenile, or youth and making recommendations concerning the child’s, juvenile’s, or youth’s placement and therapeutic needs according to the federal Title IV-E state plan or any waiver in accordance with 42 U.S.C. sec. 675a
Is the QI free of business relationship, conflict of interest, in making recommendations or affiliation with placement setting?
C.R.S. 19-1-103 (87.7) C.R.S. 26-6-102 42 U.S.C. sec. 675a
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The entire assessment process from the time of referral to the completed assessment summary is completed within 14 days. Ideally the process should be completed before placement, but it must be completed within 10 business days of placement if that’s not possible. Federal funding for a child/youth/juvenile in QRTP placement is initially allowed for up to 30 days and then only allowed past that timeframe if the independent assessment determines that a QRTP is the appropriate level of care.
10 DAYS TO COMPLETE ASSESSMENT FROM DAY OF PLACEMENT
STRATEGY: the county is showing again and again significant negligence, violation of law, ignorance - argue for no confidence, lack of capacity to function "as parent" and meet child and people's needs, creating injurious environment, they are in need of services
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At that meeting, everyone will discuss treatment and care goals and determine if QRTP is the level of treatment required. This recommendation as well as the Independent Assessment will be presented to a judicial officer who will make the final determination
First the assessment is done, 2nd there is an all party permanency meeting to discuss needs and plan, 3rd present all positions to the court
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Counties will notify family members, children and youth about the process and will schedule a family and permanency meeting within eight days of the referral for an Independent Assessment to bring all concerned parties together. During those eight days, the Independent Assessment will be completed.
Counties will schedule a permanency meeting in 8 days to bring ALL PARTIES
The assessment is completed in those 8 DAYS
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The Independent Assessment is used to develop a shared treatment and care plan
Shared plan
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The Independent Assessment is completed by a licensed behavioral health professional who completes a full psychosocial assessment, reviews all provided documentation, meets with the child or youth, speaks with a wide variety of individuals, and has completed a robust set of training. The CANS tool is used after the psychosocial assessment to help the behavioral health professional identify key needs and strengths with the family and child or youth. The CANS tool is also used to frame the assessment in a measurable way and to work with all parties involved to gain a consensus of the needs and strengths
- meets with wide variety of individuals
- completed a robust set of training, esp in FFPSA
- what is the CANS tool, and how did it frame and document in a measurable way; is this in the summary report?
- and it's supposed to ensure all parties involved are included, documented, and give consensus on needs and strengths
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Qualified Individuals are licensed behavioral health professionals who have advanced training in trauma, cultural considerations, Family First requirements and the placement continuum, and are contracted directly with the Administrative Service Organizations and overseen by the CDHS Office of Behavioral Health. The Qualified Individuals will be completing the Independent Assessment.
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Once a county or the Division of Youth Services (DYS) determines a child or youth may benefit from treatment at a QRTP, the county will make a referral for an Independent Assessment. The Colorado Department of Human Services has contracted with the regional Administrative Services Organizations (ASOs) to implement the Independent Assessor process in Colorado
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- Mar 2023
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www.courts.state.co.us www.courts.state.co.us
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So what is a “District Plan”? Just like the roadmap of DHS procedures, it isthe document that summarizes the policies and procedures that the variousdistricts use in processing D&N cases. Most districts have formulated theirdistrict plan as required by Chief Justice Directive 98-02 (Handout 1bb). Forthe most part these plans are not written in legalese and are recipes for how
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www.courts.state.co.us www.courts.state.co.us
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DATE: May 28, 1999 ChiefDistrict Judge REVISED: February 7, 2011
Completely out of date not including FFPSA
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co4kids.org co4kids.org
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Family First designates Colorado’s Court Improvement Program (CIP) to train judicial officers and legal professionals on key provisions of this legislation. In Colorado, CIP has and will continue to collaborate with the following stakeholders to help increase understanding of the significant changes brought about by the passage of Family First Colorado Department of Human Services Office of Respondent Parents’ Counsel Office of the Child’s Representative County Attorneys’ Association County Human Services Directors Association The Juvenile Justice Community Local Best Practice Court Teams Training by all of the above named partners will help to ensure that Colorado’s children, youth, and families have a more positive experience in the child welfare system.
Family First Prevention Services Act: Judicial Training Resources
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