Making reasonable efforts through effective case planning

NCJFCJNCJFCJ 11
MAKING REASONABLEMAKING REASONABLE
EFFORTS THROUGHEFFORTS THROUGH
EFFECTIVE CASEEFFECTIVE CASE
PLANNINGPLANNING
The Georgia Child Welfare Legal Academy atThe Georgia Child Welfare Legal Academy at
Emory University School of LawEmory University School of Law
Atlanta, GeorgiaAtlanta, Georgia
Judge R. Michael KeyJudge R. Michael Key
December 3, 2009December 3, 2009

NCJFCJNCJFCJ 22
DisclaimerDisclaimer
• I am just a guy with Power Point presentation.I am just a guy with Power Point presentation.
• I take an expansive view of judicial oversight.I take an expansive view of judicial oversight.
• I believe that it is the responsibility of the judgeI believe that it is the responsibility of the judge
to fill voids in the system. Unless there isto fill voids in the system. Unless there is
specific authority to the contrary, I will assumespecific authority to the contrary, I will assume
that I have the authority, as well as thethat I have the authority, as well as the
responsibility, to fill the voids.responsibility, to fill the voids.
• Specifically, I think I have the responsibility toSpecifically, I think I have the responsibility to
make sure we have a good case plan, that themake sure we have a good case plan, that the
agency works the plan and that the parentsagency works the plan and that the parents
understand the plan and the consequences ofunderstand the plan and the consequences of
failing to comply with the plan.failing to comply with the plan.

NCJFCJNCJFCJ 33
Topics to be CoveredTopics to be Covered
Part One: Reasonable EffortsPart One: Reasonable Efforts
Part Two: Effective Case PlanningPart Two: Effective Case Planning
Part Three: Visitation or Family TimePart Three: Visitation or Family Time

NCJFCJNCJFCJ 44
ObjectivesObjectives
• Address legal issuesAddress legal issues
• Give you some take-home itemsGive you some take-home items
• Inspire you to institutionalize the goodInspire you to institutionalize the good
work that you already do and to actuallywork that you already do and to actually
take home and implement some thingstake home and implement some things
you might pick up during this presentationyou might pick up during this presentation

NCJFCJNCJFCJ 55
The kids we serve.The kids we serve.
• Their belongings in a bag, their hearts on aTheir belongings in a bag, their hearts on a
sleeve, or tucked securely away,sleeve, or tucked securely away,
• Their futures not their own, but held in the handsTheir futures not their own, but held in the hands
of those who do not know them.of those who do not know them.
• Their worlds asunder; insecurity and mistrustTheir worlds asunder; insecurity and mistrust
their constant companions.their constant companions.
• They come to us looking for answers, forThey come to us looking for answers, for
understanding, for hope, for resolution.understanding, for hope, for resolution.
• What we give them will determine who they areWhat we give them will determine who they are
and who they will forever be.and who they will forever be.
• Equally as important, what they becomeEqually as important, what they become
because of their having passedbecause of their having passed ourour way, willway, will
definedefine ourour lives andlives and ourour place in history.place in history.
RMK September 24, 2005RMK September 24, 2005

NCJFCJNCJFCJ 66
State PowerState Power
• Consider the element of control we haveConsider the element of control we have
over these children and families, and theover these children and families, and the
consequences of how we exercise thatconsequences of how we exercise that
controlcontrol
• Can be like a tank rolling over a antCan be like a tank rolling over a ant
• Can use state power for good or badCan use state power for good or bad
• What is the responsibility that comes withWhat is the responsibility that comes with
that power?that power?

NCJFCJNCJFCJ 77
PART ONEPART ONE
Reasonable EffortsReasonable Efforts

NCJFCJNCJFCJ 88
Nebraska Family Policy ActNebraska Family Policy Act
frames the reasonable effortsframes the reasonable efforts
discussiondiscussion
When children and families require assistanceWhen children and families require assistance
from the state, the health and safety of the childfrom the state, the health and safety of the child
is the paramount concern and reasonable effortsis the paramount concern and reasonable efforts
shall be made to provide such assistance in theshall be made to provide such assistance in the
least intrusive and least restrictive methodleast intrusive and least restrictive method
consistent with the needs of the child and toconsistent with the needs of the child and to
deliver such assistance as close to the homedeliver such assistance as close to the home
community of the child or family requiringcommunity of the child or family requiring
assistance as possible. 43-532assistance as possible. 43-532

NCJFCJNCJFCJ 99
Reasonable Efforts and CaseReasonable Efforts and Case
Planning -Planning -
Getting it out frontGetting it out front
• A good case plan is so critical to effectingA good case plan is so critical to effecting
permanency for the child that the failure on thepermanency for the child that the failure on the
part of the Agency to timely develop andpart of the Agency to timely develop and
implement a good case plan, in and of itself,implement a good case plan, in and of itself,
constitutes a failure to make reasonable effortsconstitutes a failure to make reasonable efforts
to reunify the child with the family.to reunify the child with the family.
• We shouldWe should allall use the reasonable effortsuse the reasonable efforts
requirement as a tool to ensure the timelyrequirement as a tool to ensure the timely
delivery of appropriate services.delivery of appropriate services.
• When compared to the human and monetaryWhen compared to the human and monetary
cost of bad case plans, good case plans arecost of bad case plans, good case plans are
cheap.cheap.

NCJFCJNCJFCJ 1010
Reasonable Efforts isReasonable Efforts is
Everybody’s BusinessEverybody’s Business
• The agencyThe agency
• The judgeThe judge
• The court staffThe court staff
• The parentsThe parents
• The parents’ attorneyThe parents’ attorney
• The childThe child
• The child’s attorneyThe child’s attorney
• The CASAThe CASA
• The Service ProvidersThe Service Providers
• Foster ParentsFoster Parents

NCJFCJNCJFCJ 1111
Passivity = ComplicityPassivity = Complicity
• You cannot sit on the sidelines and point fingersYou cannot sit on the sidelines and point fingers
• You have a responsibility to use “reasonableYou have a responsibility to use “reasonable
efforts” to:efforts” to:
-- Hold one another accountable forHold one another accountable for
the work we do…the work we do…
-- And to support one another in theAnd to support one another in the
development and delivery ofdevelopment and delivery of
effective serviceseffective services

NCJFCJNCJFCJ 1212
Timeliness of Delivery of Services -Timeliness of Delivery of Services -
FrontloadingFrontloading
• Timeliness of services can be as important asTimeliness of services can be as important as
the services themselves.the services themselves.
• The failure toThe failure to timelytimely deliver services, in and ofdeliver services, in and of
itself may constitute a failure to makeitself may constitute a failure to make
reasonable efforts even if the case plan isreasonable efforts even if the case plan is
otherwise a good case plan.otherwise a good case plan.
• Delaying hearings, reviews and delivery ofDelaying hearings, reviews and delivery of
services is like foregoing prenatal care andservices is like foregoing prenatal care and
worrying about the baby when it gets here.worrying about the baby when it gets here.

NCJFCJNCJFCJ 1313
Timeliness and the Six-Month MythTimeliness and the Six-Month Myth
• Timeliness is a relative term and it isTimeliness is a relative term and it is
relative to the facts in each individual caserelative to the facts in each individual case
• The time frame for delivery and/orThe time frame for delivery and/or
completion of services is almost never sixcompletion of services is almost never six
monthsmonths
• The six-months of being drug free is not aThe six-months of being drug free is not a
statutory requirement - the statute merelystatutory requirement - the statute merely
authorizes the court to require treatmentauthorizes the court to require treatment
and six months of negative drug screensand six months of negative drug screens

NCJFCJNCJFCJ 1414
What is “Reasonable Efforts”?What is “Reasonable Efforts”?
• Your definition.Your definition.
• Judge Key’s definition:Judge Key’s definition:
Making “reasonable efforts” is doing forMaking “reasonable efforts” is doing for
the families and children we serve thatthe families and children we serve that
which we would want others to do for uswhich we would want others to do for us
and our families if we found ourselves in aand our families if we found ourselves in a
like circumstance.like circumstance.
RMK

NCJFCJNCJFCJ 1515
What is “Reasonable Efforts”?What is “Reasonable Efforts”?
The Legal ConceptThe Legal Concept
• Reasonable efforts are required:Reasonable efforts are required:
– To preserve and reunify families prior toTo preserve and reunify families prior to
placement of the child into foster careplacement of the child into foster care
– To prevent or eliminate the need for removalTo prevent or eliminate the need for removal
of the child from the child’s homeof the child from the child’s home
– To make it possible for the child to returnTo make it possible for the child to return
safely to the child’s homesafely to the child’s home
O.C.G.A. Section 15-11-58(a)O.C.G.A. Section 15-11-58(a)

NCJFCJNCJFCJ 1616
Two Tiers of Reasonable EffortsTwo Tiers of Reasonable Efforts
• Tier One Reasonable EffortsTier One Reasonable Efforts
---- Reasonable efforts made in eachReasonable efforts made in each
individual caseindividual case
• Tier Two Reasonable EffortsTier Two Reasonable Efforts
---- Reasonable efforts to track needs andReasonable efforts to track needs and
to develop services to meet the needsto develop services to meet the needs

NCJFCJNCJFCJ 1717
Reunifying-Reunifying-
Some Questions to be AddressedSome Questions to be Addressed
• What are the circumstances or conditionsWhat are the circumstances or conditions
causing the child to continue to becausing the child to continue to be
separated from her family? That is to say,separated from her family? That is to say,
what is the specific reason that the childwhat is the specific reason that the child
could not be adequately protected atcould not be adequately protected at
home and the specific harm that mayhome and the specific harm that may
occurred if the child is returned home?occurred if the child is returned home?

NCJFCJNCJFCJ 1818
• What services are being offered to reduceWhat services are being offered to reduce
the risk to an acceptable level?the risk to an acceptable level?
• Are those services reasonably calculatedAre those services reasonably calculated
to reduce the risk? (reverse caseto reduce the risk? (reverse case
planning)planning)
• Are the services being offered in a timely,Are the services being offered in a timely,
accessible, and culturally andaccessible, and culturally and
developmentally appropriate manner?developmentally appropriate manner?
• Are the desired outcomes beingAre the desired outcomes being

NCJFCJNCJFCJ 1919
• What additional services could be offeredWhat additional services could be offered
to reunify the family?to reunify the family?
• To the extent that there are such services,To the extent that there are such services,
why are they not being offered?why are they not being offered?
• To the extent that such services are notTo the extent that such services are not
available, has the agency madeavailable, has the agency made
reasonable efforts to identify and developreasonable efforts to identify and develop
such resources?such resources?

NCJFCJNCJFCJ 2020
Examples of No Reasonable EffortsExamples of No Reasonable Efforts
To Reunify FindingTo Reunify Finding
• Failure to develop case plan aroundFailure to develop case plan around
court’s finding as to cause of separationcourt’s finding as to cause of separation
• Failure to conduct proper assessmentsFailure to conduct proper assessments
• Failure to match services with needsFailure to match services with needs
• Expecting too much out of parents tooExpecting too much out of parents too
early in the caseearly in the case
• Failure to provide meaningful visitationFailure to provide meaningful visitation
• Failure to develop resources (Tier Two)Failure to develop resources (Tier Two)
• Failure to provide transportationFailure to provide transportation

NCJFCJNCJFCJ 2121
To Reunify Finding,To Reunify Finding,
ContinuedContinued
• Failure to provide good information toFailure to provide good information to
service providersservice providers
• Failure to follow up with service providersFailure to follow up with service providers
• Failure to obtain meaningful reports fromFailure to obtain meaningful reports from
service providers for hearings and reviewsservice providers for hearings and reviews
• Failure to timely file revised case plans,Failure to timely file revised case plans,
evaluations and other documentationevaluations and other documentation
necessary to conduct hearings andnecessary to conduct hearings and
reviewsreviews

NCJFCJNCJFCJ 2222
ContinuedContinued
• Failure to expedite child supportFailure to expedite child support
proceedingsproceedings
• Failure to involve parents and others inFailure to involve parents and others in
case planningcase planning
• Failure to communicate contents of caseFailure to communicate contents of case
planplan
• Failure to communicate – PeriodFailure to communicate – Period
• Failure to identify and work with familyFailure to identify and work with family
strengthsstrengths

NCJFCJNCJFCJ 2323
ContinuedContinued
• Failure to meet the needs of the childFailure to meet the needs of the child
• Failure to be prepared for hearings andFailure to be prepared for hearings and
reviewsreviews
• A failure to comply with ICPC, includingA failure to comply with ICPC, including
Reg 7Reg 7
• Failure to comply with policy, standingFailure to comply with policy, standing
orders, and protocolsorders, and protocols
• ……. and maybe the failure to implement. and maybe the failure to implement
effective practiceseffective practices

NCJFCJNCJFCJ 2424
Alternative Permanency PlansAlternative Permanency Plans
If continuation of reasonable efforts to reunifyIf continuation of reasonable efforts to reunify
the family is determined to be inconsistent withthe family is determined to be inconsistent with
the permanency plan for the child, reasonablethe permanency plan for the child, reasonable
efforts shall be made to place the child in aefforts shall be made to place the child in a
timely manner in accordance with thetimely manner in accordance with the
permanency plan and to complete whateverpermanency plan and to complete whatever
steps are necessary to finalize the permanentsteps are necessary to finalize the permanent
placement of the child.placement of the child.
O.C.G.A. Section 15-11- 58(a)(3)O.C.G.A. Section 15-11- 58(a)(3)

NCJFCJNCJFCJ 2525
To Effect Alternative PlacementsTo Effect Alternative Placements
FindingFinding
• Failure to do concurrent planningFailure to do concurrent planning
– Failure to develop a concurrent planFailure to develop a concurrent plan
– Failure to implement a concurrent planFailure to implement a concurrent plan
• Failure to timely identify alternativeFailure to timely identify alternative
placementsplacements
• Failure to counsel the child on alternativeFailure to counsel the child on alternative
placementsplacements
• Failure to comply with the 15/22Failure to comply with the 15/22
requirementsrequirements

NCJFCJNCJFCJ 2626
Other Reasonable EffortsOther Reasonable Efforts
IssuesIssues
• Is the standard for return home different atIs the standard for return home different at
different stages of the case?different stages of the case?
• Should the agency be required to “hold theShould the agency be required to “hold the
parent’s hand” early in the case? (The “velvetparent’s hand” early in the case? (The “velvet
touch”)touch”)
• Should the agency be required to file a motionShould the agency be required to file a motion
for attachment for contempt before withdrawingfor attachment for contempt before withdrawing
services based on parent’s failure to acceptservices based on parent’s failure to accept
offered services? (The “sledge hammer”)offered services? (The “sledge hammer”)

NCJFCJNCJFCJ 2727
Documenting FindingsDocumenting Findings
• We also believe it necessary to ensure StateWe also believe it necessary to ensure State
accountability in the areas of documentation ofaccountability in the areas of documentation of
reasonable efforts and contrary to the welfarereasonable efforts and contrary to the welfare
determinations and requirements related to enforcementdeterminations and requirements related to enforcement
of section 471(a)(18) of the Act. Some commenters wereof section 471(a)(18) of the Act. Some commenters were
concerned that the documentation requirements andconcerned that the documentation requirements and
enforcement of section 471(a)(18) of the Act were tooenforcement of section 471(a)(18) of the Act were too
inflexible. However, we believe that State accountabilityinflexible. However, we believe that State accountability
and Federal oversight in these critical areas of child andand Federal oversight in these critical areas of child and
family protections and anti-discrimination consistent withfamily protections and anti-discrimination consistent with
the statute, will lead to better outcomes for children andthe statute, will lead to better outcomes for children and
families. [From the Final Rule]families. [From the Final Rule]

NCJFCJNCJFCJ 2828
Part TwoPart Two
Effective Case PlanningEffective Case Planning

NCJFCJNCJFCJ 2929
The Case PlanThe Case Plan
• Filed within 30 days.Filed within 30 days.
• Determined at a meeting involving theDetermined at a meeting involving the
Agency, the parents and the child.Agency, the parents and the child.
• Parents entitled to five days advanceParents entitled to five days advance
written notice.written notice.
• Must contain dissenting recommendationsMust contain dissenting recommendations
where applicable.where applicable.
O.C.G.A. Section 15-11-58(b)O.C.G.A. Section 15-11-58(b)

NCJFCJNCJFCJ 3030
The Case Plan, continuedThe Case Plan, continued
• Reunification plan must include:Reunification plan must include:
-- Each reason requiring removalEach reason requiring removal
-- Purpose child was placed in foster carePurpose child was placed in foster care
-- Why child cannot be protected at homeWhy child cannot be protected at home andand
the harm which might occur at homethe harm which might occur at home
-- Description of the services offered andDescription of the services offered and
provided to prevent removalprovided to prevent removal

NCJFCJNCJFCJ 3131
The Case Plan, ContinuedThe Case Plan, Continued
-- Discussion as to how plan is designed toDiscussion as to how plan is designed to
achieve a placement that is:achieve a placement that is:
-- In a safe settingIn a safe setting
-- Least restrictiveLeast restrictive
-- Most family-likeMost family-like
-- Most appropriateMost appropriate
-- In close proximity to child’s homeIn close proximity to child’s home
-- Consistent with child’s best interestsConsistent with child’s best interests
and special needsand special needs

NCJFCJNCJFCJ 3232
-- Clear description of specific actions to beClear description of specific actions to be
taken by the parentstaken by the parents
-- Clear description of specific services to beClear description of specific services to be
provided by the Agencyprovided by the Agency
-- Specific time framesSpecific time frames
-- The responsible person within the AgencyThe responsible person within the Agency
-- Consideration of a reasonable visitationConsideration of a reasonable visitation
schedule which allows meaningful contactschedule which allows meaningful contact
through personal visits, phone calls andthrough personal visits, phone calls and
lettersletters

NCJFCJNCJFCJ 3333
• Filed with the court and made a courtFiled with the court and made a court
orderorder
• Must be served on the parents at theMust be served on the parents at the
same time it is filed with the courtsame time it is filed with the court
O.C.G.A. Section 15-11-58(c)O.C.G.A. Section 15-11-58(c)

NCJFCJNCJFCJ 3434
It is all about “Outcomes”It is all about “Outcomes”
Outcomes are the product of:Outcomes are the product of:
• PhilosophyPhilosophy
• ProcessProcess
• PeoplePeople
– Those we serveThose we serve
– Those who serveThose who serve

NCJFCJNCJFCJ 3535
Judge Key’sJudge Key’s
Ten Steps to Problem SolvingTen Steps to Problem Solving
• Get the right people and information to the table.Get the right people and information to the table.
• Understand roles, rights, responsibilities, andUnderstand roles, rights, responsibilities, and
authority of participants.authority of participants.
• Define the problem and reduce it to writing inDefine the problem and reduce it to writing in
clear, concise terms.clear, concise terms.
• Take ownership of the problem and the solution.Take ownership of the problem and the solution.
• Set specific, achievable goals.Set specific, achievable goals.
• Identify steps to achieve goals.Identify steps to achieve goals.
• Assign responsibility for completing steps.Assign responsibility for completing steps.
• Build in monitoring and accountability.Build in monitoring and accountability.
• Remain flexible.Remain flexible.
• Celebrate successes all along the way.Celebrate successes all along the way.

NCJFCJNCJFCJ 3636
To Whom Does the Case PlanTo Whom Does the Case Plan
Belong?Belong?
• The agencyThe agency
• The judgeThe judge
• The court staffThe court staff
• The parentsThe parents
• The parents’ attorneyThe parents’ attorney
• The child?The child?
• The child’s attorneyThe child’s attorney
• The CASAThe CASA
• The Service ProvidersThe Service Providers
• Foster parentsFoster parents

NCJFCJNCJFCJ 3737
What should drive the developmentWhat should drive the development
of a reunification case plan?of a reunification case plan?
The case plan should be driven by theThe case plan should be driven by the
identified needs of the family and not byidentified needs of the family and not by
the readily available resources of thethe readily available resources of the
Agency and community.Agency and community.

NCJFCJNCJFCJ 3838
PEANUTSPEANUTS

NCJFCJNCJFCJ 3939
WHEN DOES CASEWHEN DOES CASE
PLANNING BEGIN?PLANNING BEGIN?
• Permanency planning begins the first moment the child welfarePermanency planning begins the first moment the child welfare
agency touches the case.agency touches the case.
• The first important step in terms of case planning is to thoroughlyThe first important step in terms of case planning is to thoroughly
investigate the case to determine the reasons that the child cannotinvestigate the case to determine the reasons that the child cannot
be maintained at home safely.be maintained at home safely.
• It is the responsibility of the agency to dig deep into the history andIt is the responsibility of the agency to dig deep into the history and
dynamics of the child, the family, and the environment to determinedynamics of the child, the family, and the environment to determine
the root causes of the alleged deprivation.the root causes of the alleged deprivation.
• Without a thorough investigation on the front end, permanency willWithout a thorough investigation on the front end, permanency will
be delayed as the underlying problems are discovered later in thebe delayed as the underlying problems are discovered later in the
process and the plan revised, or the child may be returned homeprocess and the plan revised, or the child may be returned home
prematurely and therebyprematurely and thereby placed at risk of a subsequent removal, orplaced at risk of a subsequent removal, or
worse.worse.

NCJFCJNCJFCJ 4040
What is the foundation of a goodWhat is the foundation of a good
case plan?case plan?
• The Court is the gatekeeper of the child welfare system.The Court is the gatekeeper of the child welfare system.
• The Court should never, consciously or through inaction,The Court should never, consciously or through inaction,
abdicate its responsibility as gatekeeper.abdicate its responsibility as gatekeeper.
• The Court should never accept stipulations of deprivation.The Court should never accept stipulations of deprivation.
• The foundation of a good case plan is the court’sThe foundation of a good case plan is the court’s
determination of the reason that the child cannot bedetermination of the reason that the child cannot be
maintained at home safely.maintained at home safely.
• That finding should be made at the first hearing, which isThat finding should be made at the first hearing, which is
the 72-hour hearing.the 72-hour hearing.

NCJFCJNCJFCJ 4141
What is the foundation of a goodWhat is the foundation of a good
case plan?case plan?
• The finding should be based on evidence presented inThe finding should be based on evidence presented in
open court, at the hearing, with full recognition that theopen court, at the hearing, with full recognition that the
standard of proof at that hearing is probable cause, andstandard of proof at that hearing is probable cause, and
that hearsay evidence is admissible.that hearsay evidence is admissible.
• Of course, the plan may have to be amended after theOf course, the plan may have to be amended after the
adjudicatory hearing to the extent that the evidence doesadjudicatory hearing to the extent that the evidence does
not support the prior findings, or that the evidencenot support the prior findings, or that the evidence
establishes other or additional reasons why the childestablishes other or additional reasons why the child
cannot be returned home safely.cannot be returned home safely.

NCJFCJNCJFCJ 4242
Characteristics ofCharacteristics of
a Good Case Plana Good Case Plan
SIMPLICITYSIMPLICITY
SPECIFICITYSPECIFICITY
ACCOUNTABILITYACCOUNTABILITY
RELATIVITYRELATIVITY
DOABILITYDOABILITY

NCJFCJNCJFCJ 4343
SIMPLICITYSIMPLICITY
• Simplicity means the property,Simplicity means the property,
condition, or quality of beingcondition, or quality of being simple.simple.
Absence of luxury or showiness;Absence of luxury or showiness;
plainness; absence of affectation orplainness; absence of affectation or
pretense.pretense.
The American Heritage Dictionary, Second College Edition
• Georgia law uses the term “clear”Georgia law uses the term “clear”
O.C.G.A. Section 15-11-58(c)(3)O.C.G.A. Section 15-11-58(c)(3)

NCJFCJNCJFCJ 4444
SPECIFICITYSPECIFICITY
• Specific means explicitly set forth; definite;Specific means explicitly set forth; definite;
special, distinctive, or unique, as a qualityspecial, distinctive, or unique, as a quality
or attribute; intended, for, applying to, oror attribute; intended, for, applying to, or
acting upon a particular thing.acting upon a particular thing.
The American Heritage Dictionary, Second Edition
• Georgia law actually uses the term
“specific”.
O.C.G.A. Section 15-11-58(c)(3)

NCJFCJNCJFCJ 4545
ACCOUNTABILITYACCOUNTABILITY
In order to have accountability, eachIn order to have accountability, each
component of the plan:component of the plan:
• Must be specific and simply stated as theMust be specific and simply stated as the whatwhat
has to be done.has to be done.
• Must be specific and simply stated as toMust be specific and simply stated as to whowho
needs to do it.needs to do it.
• Must be specific and simply stated as toMust be specific and simply stated as to whenwhen
it needs to be done.it needs to be done.

NCJFCJNCJFCJ 4646
RELATIVITYRELATIVITY
 Must bear a rational relationship to theMust bear a rational relationship to the
reason that the child cannot bereason that the child cannot be
maintained safely at home.maintained safely at home.
 Georgia provides that services andGeorgia provides that services and
actions not directly related to theactions not directly related to the
circumstances necessitating separationcircumstances necessitating separation
cannot be made condition of the casecannot be made condition of the case
plan.plan.
O.C.G.A. Section 15-11-58(c)(3)O.C.G.A. Section 15-11-58(c)(3)

NCJFCJNCJFCJ 4747
““DOABLILITY”DOABLILITY”
Above all, it must beAbove all, it must be “doable.”“doable.”
O.C.G.A. Section Common Sense 101

NCJFCJNCJFCJ 4848
General CommentsGeneral Comments
1.1. Plan should be driven by needs of thePlan should be driven by needs of the
family, and not dictated by thefamily, and not dictated by the
availability of existing resources.availability of existing resources.
2.2. Remember that we operate in a worldRemember that we operate in a world
of minimum standards.of minimum standards.
3.3. Limitations which impair the ability ofLimitations which impair the ability of
any participant to accomplish goals orany participant to accomplish goals or
to complete specific action steps mustto complete specific action steps must
be dealt with in the case plan.be dealt with in the case plan.

NCJFCJNCJFCJ 4949
How is the Case Planning ProcessHow is the Case Planning Process
Linked?Linked?
1.1. The case plan must state theThe case plan must state the reasonsreasons
why the child cannot be adequatelywhy the child cannot be adequately
protected in the home.protected in the home.
2.2. The case plan mustThe case plan must identify theidentify the
changeschanges that must be made in order forthat must be made in order for
the child to be safely returned home.the child to be safely returned home.
3.3. The case plan must describe theThe case plan must describe the specificspecific
actionsactions to be taken by the parents andto be taken by the parents and
thethe specific servicesspecific services to be provided into be provided in
order to effect the identified change.order to effect the identified change.

NCJFCJNCJFCJ 5050
Inappropriate goals and steps for aInappropriate goals and steps for a
Reunification Plan.Reunification Plan.
• No change should be required that does not reduce the risk factorsNo change should be required that does not reduce the risk factors
that make it unsafe for the child to return home, and no steps shouldthat make it unsafe for the child to return home, and no steps should
be required unless the completion of those steps is reasonablybe required unless the completion of those steps is reasonably
calculated to bring about the identified changes.calculated to bring about the identified changes.
• Too many case plans include goals and steps that bear no rationalToo many case plans include goals and steps that bear no rational
relationship to one another or to the reasons the child cannot berelationship to one another or to the reasons the child cannot be
returned home safely, and become unnecessary barriers toreturned home safely, and become unnecessary barriers to
reunification.reunification.
• They also often overwhelm the parents so much that they are unableThey also often overwhelm the parents so much that they are unable
to complete those steps that are properly part of the reunification plan.to complete those steps that are properly part of the reunification plan.
• They statutory authority for this proposition is found at O.C.G.A.They statutory authority for this proposition is found at O.C.G.A.
Section 15-11-58(c)(3), which provides that, “...all services and actionsSection 15-11-58(c)(3), which provides that, “...all services and actions
required of the parents which are not directly related to therequired of the parents which are not directly related to the
circumstances necessitating separation cannot be made conditions ofcircumstances necessitating separation cannot be made conditions of
the return of the child without further review.”the return of the child without further review.”

NCJFCJNCJFCJ 5151
Questions to ask about every goalQuestions to ask about every goal
and every step.and every step.
• Is it simple so as to be understood by all?Is it simple so as to be understood by all?
• Is it specific as to who, what, where and when?Is it specific as to who, what, where and when?
• Does it allow for accountability?Does it allow for accountability?
• Does it relate directly to the reason the childDoes it relate directly to the reason the child
cannot be maintained safely at home?cannot be maintained safely at home?
• If all of the steps are achieved, will the risk to theIf all of the steps are achieved, will the risk to the
child be reduced to a level that will allow thechild be reduced to a level that will allow the
children to return home?children to return home?
• Is it doable?Is it doable?

NCJFCJNCJFCJ 5252
The two critical questions for beforeThe two critical questions for before
submission of a case plan to thesubmission of a case plan to the
court:court:
• When the parents complete all of theWhen the parents complete all of the
steps on the case plan, will you besteps on the case plan, will you be
comfortable allowing the children to gocomfortable allowing the children to go
home?home?
• Is there any step in the case plan that, ifIs there any step in the case plan that, if
not completed, will keep you from allowingnot completed, will keep you from allowing
the child to go home?the child to go home?

NCJFCJNCJFCJ 5353
Efficiency and TimelinessEfficiency and Timeliness
• Time is a precious commodity in the life ofTime is a precious commodity in the life of
a child.a child.
• There is no more important time than theThere is no more important time than the
present.present.
• Don’t put off to tomorrow what you can doDon’t put off to tomorrow what you can do
today.today.
• It saves time in the long run.It saves time in the long run.

NCJFCJNCJFCJ 5454
Relapse PlanningRelapse Planning
• A much neglected component of the caseA much neglected component of the case
plan.plan.
• Re-entry.Re-entry.
• Every reunification plan should include aEvery reunification plan should include a
relapse plan designed to reduce therelapse plan designed to reduce the
likelihood of relapse, and to ensure thelikelihood of relapse, and to ensure the
safety of the children in the home in thesafety of the children in the home in the
event of a relapse.event of a relapse.
• Success partner.Success partner.

NCJFCJNCJFCJ 5555
PART THREEPART THREE
VISITATION OR FAMILY TIMEVISITATION OR FAMILY TIME

NCJFCJNCJFCJ 5656
Visitation is aVisitation is a
Critical Part of Case PlanningCritical Part of Case Planning
• Legal requirement – a reasonableLegal requirement – a reasonable
visitation schedule that allows the parentsvisitation schedule that allows the parents
to maintain meaningful contact with theto maintain meaningful contact with the
child through in person visits, phonechild through in person visits, phone
contact and letterscontact and letters
• Practical applications – The VisitationPractical applications – The Visitation
ProtocolProtocol

NCJFCJNCJFCJ 5757
What is the Visitation ProtocolWhat is the Visitation Protocol
Project?Project?
• Project of the Georgia Court ImprovementProject of the Georgia Court Improvement
Initiative and the National Council ofInitiative and the National Council of
Juvenile and Family Court JudgesJuvenile and Family Court Judges
• Joint Project of the Permanency PlanningJoint Project of the Permanency Planning
Department and the Domestic ViolenceDepartment and the Domestic Violence
Department of the National CouncilDepartment of the National Council
• Multi-Disciplinary WorkgroupMulti-Disciplinary Workgroup
• Work in ProgressWork in Progress

NCJFCJNCJFCJ 5858
What is “Family Time”?What is “Family Time”?
• ““Visitation” does not adequately describeVisitation” does not adequately describe
the time families need together, eitherthe time families need together, either
quantitatively or qualitatively.quantitatively or qualitatively.
• ““Family Time” should be frequent,Family Time” should be frequent,
consistent, and as “family-like” as possibleconsistent, and as “family-like” as possible
given the state of disruption within thegiven the state of disruption within the
family.family.

NCJFCJNCJFCJ 5959
Goals of the ProjectGoals of the Project
• Reach consensus for minimum familyReach consensus for minimum family
time;time;
• Identify innovative practices;Identify innovative practices;
• Identify the roles of various persons andIdentify the roles of various persons and
agencies with reference to visitation; andagencies with reference to visitation; and
• Develop a decision model to ensure thatDevelop a decision model to ensure that
all relevant factors are considered andall relevant factors are considered and
properly weighed in setting family time.properly weighed in setting family time.

NCJFCJNCJFCJ 6060
Core PrinciplesCore Principles
• Whenever children are removed from theirWhenever children are removed from their
homes by state action, the state has a legalhomes by state action, the state has a legal
responsibility to provide meaningful and saferesponsibility to provide meaningful and safe
visitation.visitation.
• There is value in having a beginning point in theThere is value in having a beginning point in the
decision making process that is research-based.decision making process that is research-based.
• Family time plans should be based on theFamily time plans should be based on the
unique facts of each case, allowing for variationunique facts of each case, allowing for variation
from the default provisions where certain factors,from the default provisions where certain factors,
or “special circumstances”, are present.or “special circumstances”, are present.

NCJFCJNCJFCJ 6161
Core Principles, ContinuedCore Principles, Continued
• Although it is generally true that whatever isAlthough it is generally true that whatever is
good for the parent is good for the child, whengood for the parent is good for the child, when
there is a conflict between what is in the bestthere is a conflict between what is in the best
interest of the child and what is in the bestinterest of the child and what is in the best
interest of the parents, the best interest andinterest of the parents, the best interest and
well-being of the child shall always takewell-being of the child shall always take
precedence.precedence.
• An initial opportunity for family time should beAn initial opportunity for family time should be
made available within the first five (5) workingmade available within the first five (5) working
days following physical removal of the childdays following physical removal of the child
from the home.from the home.

NCJFCJNCJFCJ 6262
• Within thirty (30) to forty-five (45) days followingWithin thirty (30) to forty-five (45) days following
removal of the child from the home, if the childremoval of the child from the home, if the child
remains in care, the agency should develop aremains in care, the agency should develop a
more case-specific family time plan, taking intomore case-specific family time plan, taking into
account the facts as they have developed in theaccount the facts as they have developed in the
case, and seeking input from the parents, thecase, and seeking input from the parents, the
child, and the CASA or other child advocate.child, and the CASA or other child advocate.
• Whenever possible, involvement of the parentsWhenever possible, involvement of the parents
and the foster parents together in theand the foster parents together in the
development of the family time plan is important.development of the family time plan is important.

NCJFCJNCJFCJ 6363
• Throughout the life of the case,Throughout the life of the case,
circumstances change and facts becomecircumstances change and facts become
known that previously had not beenknown that previously had not been
considered in developing the family timeconsidered in developing the family time
plan.plan.
• Family time plans must never be used asFamily time plans must never be used as
a threat or form of discipline to the childa threat or form of discipline to the child
or to control or punish the parent.or to control or punish the parent.
• Family time decisions are not made in aFamily time decisions are not made in a
vacuum, so decisions regarding familyvacuum, so decisions regarding family
time need to be made with considerationtime need to be made with consideration
given to where the child is placed.given to where the child is placed.

NCJFCJNCJFCJ 6464
• The failure to provide for meaningful family timeThe failure to provide for meaningful family time
for children removed by state action, early andfor children removed by state action, early and
throughout the life of the case, may constitute athroughout the life of the case, may constitute a
failure to make reasonable efforts to reunifyfailure to make reasonable efforts to reunify
families or to effect and finalize an alternatefamilies or to effect and finalize an alternate
permanency plan.permanency plan.

NCJFCJNCJFCJ 6565
Default Provisions-Default Provisions-
Working AssumptionsWorking Assumptions
• Focus on duration and frequency.Focus on duration and frequency.
• Contemplate only supervised visitation atContemplate only supervised visitation at
this point in the project (originally).this point in the project (originally).
• Driven by the needs of the children andDriven by the needs of the children and
families, not controlled by readily availablefamilies, not controlled by readily available
resources, but influenced by an overlay ofresources, but influenced by an overlay of
reasonableness.reasonableness.
• Reunification is the permanency goal.Reunification is the permanency goal.

NCJFCJNCJFCJ 6666
Troup County’s ProtocolTroup County’s Protocol

NCJFCJNCJFCJ 6767
• The children shall be provided meaningful and safe
Family Time from the time they enter care until the
reunification is accomplished or until further order of the
Court. The Agency shall provide as much Family Time
as possible consistent with the best interests of the child,
both in terms of frequency and duration, and to provide
that opportunity in such a place and manner so as to
make it as natural as possible.
• The Family Time Default Provisions contained herein are
merely as the minimum Family Time and, when possible
and appropriate, provision of more Family Time shall be
made.

NCJFCJNCJFCJ 6868
• Family Time Plans should be based on the unique facts
of each case, allowing for variation from the Default
Provisions where certain factors, or “special
circumstances”, are present. However, whenever there
is a variance from the Default Provisions that result in
less family time, the reason for the variance should be
articulated to all relevant parties to the case, factually
based, appropriately documented, and approved by the
Court.
• Should there be a conflict between what is in the best
interest of the child and what is in the best interest of the
parents, the best interest and well-being of the child shall
always take precedence in developing and implementing
the Family Time Plan.

NCJFCJNCJFCJ 6969
• Wherever used herein, the term “Family Time Plan” shall
mean and refer to the schedule developed and
implemented for the time the child, parents, and, where
applicable, siblings spend together.
• An initial period of Family Time, consistent with the
duration provided for in the Default Provisions, should be
made available within the first five (5) working days
following physical removal of the child from the home.

NCJFCJNCJFCJ 7070
• At the shelter care hearing, the court shall put in place,
or ensure that the agency has put in place, a meaningful
Family Time Plan. This Family Time Plan shall remain in
place until adjudication or until the plan is changed in
accordance with the decision model provided for herein.
Except to the extent special circumstances that justify a
variance are established at the shelter care hearing, the
pre-adjudication family time plan should, at a minimum,
provide for family time substantially in accordance with
the Default Provisions.
• In developing the Family Time Plan, there shall be a
presumption that the Family Time shall not be
supervised. The presumption may be rebutted based on
evidence presented at the 72-hour hearing or any other
subsequent hearing where Family Time is addressed.

NCJFCJNCJFCJ 7171
• Within thirty (30) to forty-five (45) days following removal
of the child from the home, if the child remains in care,
the Agency shall develop a more case-specific Family
Time Plan, taking into account the facts as they have
developed in the case, and seeking input from the
parents, the child, and the CASA or other child advocate.
• Family time plan should be developed in a family
conference with as many of the following participants
present and/or consulted: (1) the parents; (2) the child;
(3) the CASA and/;or attorney for the child; (4) family
members with whom the child has a significant
attachment; (5) foster parents; (5) service provider who
is in a position to offer constructive comment in regard to
Family Time; (6) any provider who has assessed the
child; and (7) other persons demonstrating a significant
attachment or commitment to the child.

NCJFCJNCJFCJ 7272
• Whenever possible, the parents and the foster parents
should be involved in the development and
implementation of the Family Time Plan.
• The Family Time Plan should not be rigid, but should
allow sufficient flexibility for change as circumstances
warrant to ensure the safety and well-being of the child.
Provided, however, that when the family time plan is
changed, there should be safeguards in place to protect
the rights of all parties.
• Family time plans shall not be used as a threat or form of
discipline to the child or to control or punish the parent

NCJFCJNCJFCJ 7373
Troup County’s Protocol -Troup County’s Protocol -
Default ProvisionsDefault Provisions
• Age Birth to 6 Months- 30 to 60 minutes 3 timesAge Birth to 6 Months- 30 to 60 minutes 3 times
per week.per week.
• Age 6 to 18 Months- 1 hour 3 days per week.Age 6 to 18 Months- 1 hour 3 days per week.
• Age 18 months to 3 years- 1 ½ hours 2 times perAge 18 months to 3 years- 1 ½ hours 2 times per
week.week.
• Age 3 to 5 years- 2 or more hours 1 time perAge 3 to 5 years- 2 or more hours 1 time per
week.week.
• Age 5 to 12 years- 2 or more hours 1 time perAge 5 to 12 years- 2 or more hours 1 time per
week.week.
• Age 12 to 18 years- No specific recommendation.Age 12 to 18 years- No specific recommendation.

NCJFCJNCJFCJ 7474
Troup County’s Protocol –Troup County’s Protocol –
Special CircumstancesSpecial Circumstances
• The default provisions shall apply in every case unless,
based on the unique facts of each case, a variation from
the Default Provisions is warranted. In considering
whether to vary from the Default Provisions,
consideration shall be given to any special
circumstances which might exist including, but not
limited to the following:

NCJFCJNCJFCJ 7575
• Safety, which shall always be of paramount concern;
• Any special purpose for the Family Time based on the
facts of that particular case;
• The permanency plan for the child;
• Existence of a concurrent plan;
• Participation of siblings, including adults and children;

NCJFCJNCJFCJ 7676
• Presence of domestic violence;
• The schedules and activities of the children;
• The schedules and activities of the parents;
• The relationship between the child and the current
caregiver;
• The relationship between the child and the parents
before removal;

NCJFCJNCJFCJ 7777
• Transportation;
• The activities planned for Family Time;
• The reasons for removal of the child from the home;
• Other existing court orders;
• Placement of the child;
• Location of the parent; and

NCJFCJNCJFCJ 7878
Family Time for SiblingsFamily Time for Siblings
• The particular relationship between the siblings in
individual cases should always be considered because,
generally speaking, sibling contact is at least as
important as contact between children and their parents.
• If siblings cannot be placed together, the Family Time
Plan should make specific provisions for contact
between siblings. It is not necessary that all siblings be
present for all family time. Considering the children’s
ages and activities it may be perfectly appropriate to
have some family time as a complete family unit, and
some spent with various parts of the family unit.
Provided however that, the duration, length, or quality of
family time for one child or parent should not be
sacrificed on account of another child or parent.

NCJFCJNCJFCJ 7979
• In all matters relative to the establishment of a Family
Time Plan the work of the Visitation Protocol Project,
including the Domestic Violence Team Report from the
Project, as it progresses shall be considered.
• In any case where reunification is still the permanency
plan in the case and supervised visitation is still required
six months following the removal of the child from the
home, a hearing shall be held at the first available
hearing date to show cause why there is still a need for
supervised visitation.

NCJFCJNCJFCJ 8080
• At the first Citizens’ Panel Review held following removal
of the child from the home (usually held four months
following removal), if there is not a plan in place to move
to unsupervised visitation no later than six months
following removal from the home, the case shall be
referred to the Court for a review of the case generally
and of visitation specifically.

NCJFCJNCJFCJ 8181
Family Time MilestonesFamily Time Milestones
• Started as a part of the Visitation ProtocolStarted as a part of the Visitation Protocol
• Has become a permanency planning toolHas become a permanency planning tool
of its ownof its own

NCJFCJNCJFCJ 8282
Thank you.Thank you.
michael@kmglawfirm.commichael@kmglawfirm.com
Special thanks to Jim AndersonSpecial thanks to Jim Anderson
for legal research and ideas onfor legal research and ideas on
Reasonable EffortsReasonable Efforts

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