DEFENDING PARENTS
Building a Healthy Child Welfare System
Starting from the Beginning
Colorado Children’s Code C.R.S. §19-1-102
Legislative Declaration:
1. The general assembly declares that the purposes of this title
are:
To secure for each child subject to these provisions such care and
guidance, preferably in his own home, as will best serve his
welfare and the interests of society;
b) To preserve and strengthen family ties whenever possible, including
improvement of home environment…
a)
2. To carry out these purposes, the provisions of this title shall be
liberally construed to serve the welfare of the children and the
best interests of society.
Department Investigation

Mandated Reporters


Child Abuse Hotline


By law, certain professionals are required to call the hotline for any suspected
cases of child abuse or neglect, such as medical personnel, school and daycare
employees, social workers, etc.
Many investigations of child abuse or neglect begin with a call to the child
abuse hotline by someone concerned about a child or children’s wellbeing.
Founded/Unfounded/Inconclusive

Based on their investigation, the department makes a determination as to
whether to mark the report as founded (substantiated), unfounded
(unsubstantiated), or inconclusive.

Reports are confirmed if they are supported by preponderance of the evidence.
Defense Tip: Appeals of Department
Findings
 How
it can help family once court involved:
Volume 7.202.604, Notice to the Person
Found to be Responsible for Child Abuse or
Neglect
7.202.605 State-Level Appeal
Appeal forms online at
www.colorado.gov/cs/satellite/DPAOAC/OAC/1214473755413
Founded Reports: Several Choices for the
Department






Voluntary case
Involuntary case, or court action
Remove or not remove
Court action
See Volume 7.202.5 Investigation Procedures
See Volume 7.202.62, Provision of Ongoing Child
Protection Services
Defense Tip: Colorado Assessment
Continuum

What is it?




Three instruments used by Department workers according to Volume 7 policy:
 Safety Assessment
 Risk Assessment
 North Carolina Family Assessment Scale (NCFAS and NCFAS-R)
Who completes it?

Safety Assessment: Typically, the intake worker

Risk Assessment: Either the intake worker or the ongoing work

NCFAS: Ongoing worker
When is it completed?

Safety Assessment: Completed within 7 days of contact, documented in Trails within 30 days of
referral. Required in all cases, except abandonment.

Risk Assessment: Also in Trails within 30 days of referral. Used in cases with goals of remain home or
return home. Must be completed prior to return home or when closing the case.

NCFAS: Must be done within 30 days of assignment. Used with return home or remain home goals.
The NCFAS-R (reunification), is completed prior to reunification
How can we use it? Treatment plan development, Reunification, Increasing services
Court Action


Governing Law: Colorado Children’s Code (C.R.S.
Title 19).
First Hearing: Shelter Hearing, Temporary Protective
Custody Hearing
 Purpose
 This
first hearing is to review the ex parte court hold, if the
child was removed, or any ex parte temporary protective
orders that the court issued.
 Timing
 The
hearing happens within 72 hours, excluding weekends
and holidays.
Adjudication


Purpose:

Court will determine whether to sustain or dismiss the petition.

If the petition is sustained, then the child is adjudicated dependant or neglected.
Timing:


Adjudicatory hearings must be held as quickly as possible, and not later than 90 days
after the petition has been served. If the child is younger than six, then the adjudicatory
hearing must be held within 60 days unless the court finds that it is in the child’s best
interest to grant a delay.
Evidence:

At the Adjudicatory hearing , the Department must prove by a preponderance of the
evidence the allegations in the petition. If it is an ICWA case, then the standard of proof
is clear and convincing evidence, including expert testimony.
Treatment Plan/ Dispositional Hearing

Purpose:


Timing:


The purpose is to determine a treatment plan that is reasonable, intended to
address the condition or conditions that led to the adjudication, and to address
every party.
The dispositional hearing, also called the treatment plan hearing, can either
follow immediately after the finding of adjudication or it can be continued for
up to 30 days after adjudication in an expedited permanency planning (EPP)
case (45 in a regular case).
Evidence:

The evidence at the treatment plan hearing is the treatment plan written by the
caseworker.
Expedited Permanency Planning


Children under the age of 6
Faster timelines
For example, the
adjudicatory hearing has to
happen within 60 days of
service of the petition. The
dispositional, or treatment
plan hearing, has to
happen within 30 days. In
addition, the child has to be
in a permanent placement
within 12 months of
removal from his or her
home
Permanency Planning Hearing

Purpose:


At the permanency planning hearing, the court must choose one of 4 permanent
options for the child: reunification with the parents, adoption, allocation of
parental rights (APR)/guardianship, or other planned permanency living
arrangement .
Timing:

The permanency hearing typically happens about 90 days after the
dispositional hearing in all cases, but is only required this quickly in EPP cases. In
all other cases the court is required to have a permanency hearing within 12
months of when the child entered foster care. In cases where the disposition is
that no treatment plan can be devised, then a permanency hearing must be held
within 30 days.
Termination of Parental Rights

C.R.S. § 19-3-602

Purpose:


Timing:


The Department or the GAL may also choose to file a motion to terminate the
parent-child legal relationship and free the child for adoption.
This requires a separate motion and a separate hearing within 120 days, unless
good cause is shown.
Evidence:

The Department has the burden of proving, by clear and convincing evidence,
the cause of action for termination.

In an ICWA case, the burden of proof is beyond a reasonable doubt, proven by
expert testimony.
Child Welfare System Stakeholders

Department

Caseworkers, supervisors, managers

General v. Specialized:


Each county will organize its workers in its own way, but most counties separate workers into areas
of specialty, such as an adolescent unit, an investigation or intake unit, an ongoing unit, etc. Some
counties, however, prefer to have all workers do all aspects of case management – so the workers
are generalists.
Training:

Caseworkers complete 40 hours of training up front and then 40 hours per year.
Counsel for the Department



Who They Are:

The larger Departments are represented by the County Attorney’s office.

In smaller counties the legal work for the Department is often handled by a contracted prosecutor.
Role:

Agency Model: the attorney represents the Department

Prosecutorial Model: the attorney represents the State or the People
Training:

Twice a year; not public.
Children’s Advocates

GALS

Who They Are:


Role:


Represent child’s best interests
Training:


Guardians ad litem (GAL) are lawyers appointed to represent what is in the best interests of
the child client who is the subject of a dependency and neglect (D&N).
Must be experienced practitioner, ongoing training offered by OCR
CASA

Who They Are:


Role:


Court appointed special advocates, or CASAs, are lay volunteers generally appointed to
work with the children.
Advocate for the child’s best interests
Training:

Varies, but typically 40 hours before assigned to first case
Judicial Officers and Court Staff

Who They Are:



District court judges, magistrates, law clerks and division clerks, family court
facilitators
 Some districts have judicial officers dedicated to the juvenile law docket,
while others, particularly in smaller jurisdictions, have judges with general civil
dockets.
Role:

Many of the larger courthouses use magistrates for most types of hearings,
except for jury trials and termination hearings.

Family court facilitators play different roles. In some jurisdictions they are used
administratively while in others they mediate dependency and neglect cases as
well.
Training:

Judicial conferences and annual trainings
Professional Culture

Collaboration: CIP, Best Practice Teams, Lead
Judges



Court Improvement Program (CIP) – federally funded grant
administered by State Judicial to improve outcomes for children, youth
and families through collaboration of child welfare stakeholders at the
local and state levels.
Best Practice Court Teams (BPC Teams) – Each judicial district in
Colorado has a multi-disciplinary, judge-led team of local child welfare
stakeholders who effect systems change in dependency and child
welfare arenas.
Lead Judges – are dependency court judicial officers appointed in each
judicial district by the Chief Judge. It is the Lead Judge who organizes
and convenes BPC Teams.
Professional Culture, continued




Institutional players
Informality
Low pay, high caseloads
Confidentiality – protecting privacy or creating lack
of accountability?
Colorado Practice Standards
Colorado Standards for RPC
 Training
 Competent
Representation
 Communication
 Documentation
Colorado Practice Standards, continued
 Investigation:
facts and timing
 Agency Advocacy: services and placements
 Client Location: keeping track
 Cultural Awareness: impact on case success
 Appeals
Client Location
Several sources:
 Federal parent locator service:
http://www.acf.hhs.gov/programs/cse/newhire
(accessible by DSS)
 Colorado Corrections: www.doc.state.co.us/oss. Need
DOB or DOC number.
 Criminal background checks: www.cbirecords.com
 To find any person: www.switchboard.com
 ICON access at:
https://www.jbits.courts.state.co.us/pas/pubaccess/inde
x.cfm
ABA Standards of Practice for
Attorneys Representing Parents
General Principle:
Understand and protect the parent’s rights to information
and decision-making while the child is in foster care.
Relationship With The Client:


Advocate for the client’s goals and empower the client to
direct the representation and make informed decisions based
on thorough counsel.
Provide the client with contact information in writing and
establish a message system that allows regular attorney-client
contact.
Relationship With Client, continued

Meet and communicate regularly with the client well before
court proceedings. Counsel the client about all legal matters
related to the case, including specific allegations against the
client, the service plan, the client’s rights in the pending
proceeding, any orders entered against the client and the
potential consequences of failing to obey court orders or
cooperate with service plans.
Relationship With Client, continued





Work with the client to develop a case timeline and tickler system.
Act in a culturally competent manner and with regard to the socioeconomic
position of the parent throughout all aspects of representation.
Take diligent steps to locate and communicate with a missing parent and
decide representation strategies based on that communication.
Be aware of the unique issues an incarcerated parent faces and provide
competent representation to the incarcerated client.
Be aware of the client’s mental health status and be prepared to assess
whether the parent can assist with the case.
Investigation and Discovery



Conduct a thorough and independent investigation at every
stage of the proceeding.
Review the child welfare agency case file.
Obtain all necessary documents, including copies of all
pleadings and relevant notices filed by other parties, and
information from the caseworker and providers.
Court Advocacy





Develop a case theory and strategy to follow at hearings and
negotiations.
Engage in case planning and advocate for appropriate social
services using a multidisciplinary approach to representation
when available.
Aggressively advocate for regular visitation in a familyfriendly setting.
Identify, locate and prepare all witnesses.
Identify, secure, prepare and qualify expert witness when
needed. When permissible, interview opposing counsel’s
experts.
Court Advocacy, continued




Actively participate in jury selection and drafting jury
instructions.
Request closed proceedings in appropriate cases.
Request the opportunity to make opening and closing
arguments.
Prepare proposed findings of fact, conclusions of law and
orders when they will be used in the court’s decision or may
otherwise benefit the client.
Post Hearings/Appeals:



Review
 Make a record
 What is an appealable order?
 Adjudication not appealable until disposition: C.R.S. Section 19-1-19(2)(c), People in the Interest of E.A., 638 P.2d 278 (Colo. 1981).
Discuss options for appeal with client
File: C.A.R 3.4 requires Notice of Appeal and Designation of Record be
prepared and signed by trial counsel.
 Notice of Appeal must be signed by client or specifically authorized.
 Appeal must be filed even without regard to the likelihood of success on
appeal
National Support
The National Project to Improve Representation for
Parents Involved in the Child Welfare System

A collaboration between the American Bar Association Center on Children
and the Law, Casey Family Programs, the Annie E. Casey Foundation, the
Child Welfare Fund, and the Steering Committee for the National Parents’
Counsel Organization.

www.abanet.org/ child/parentrepresentation

National Listserv: child-parentsattorneys@mail.abanet.org
Mission
To strengthen representation of parents in the child
welfare system through:
 training
and technical assistance for parents’ attorneys,
courts and legislators;
 networking opportunities --a listserv and national
conference focused on parent representation;
 providing resources to improve parent representation;
and
 supporting system reforms that ensure parents and their
attorneys are given a voice in the child welfare system.
www.abanet.org/
child/parent
representation
Parent Support

Parent advocates and mentors: National Coalition for Parent Advocacy in
Child Protective Services: http://www.parentadvocacy.org

RISE magazine: www.risemagazine.org

Others in the community
Colorado System Reform
Colorado Court Improvement Project
Respondent Parent Task Force 2005-2007:
Statewide Needs Assessment, April 2007 (online at
http://www.courts.state.co.us/userfiles/File/Court_
Probation/Supreme_Court/Committees/Court_
Improvement/CORPCFinalNeedAssesExeSum.pdf)
 Listserv: contact Bill Delisio at
William.delisio@judicial.state.co.us

Consider Self Evaluation



Can lead to improved practice
Greater job satisfaction
Helps identify system barriers
How to Do a Self Evaluation

Elizabeth Thornton, “Tools for Evaluating Parent
Attorney Performance,”
 Peer,
judge, and client surveys;
 Activity logs focused on compliance with practice
standards; and
 Data review and comparisons of case outcomes for
your clients.
Overview of the Child Welfare System
Review
Questions and Answers