Chapter 2 Documentation & Confidentiality Legal Responsibility and Integrity 1. 2. 3. 4. 5. Tips for Documentation Family Finding Forms Forms Kinship Care Confidentiality Why is it documentation so important? • • • • • • If it is not documented, it didn’t happen! Court testimony requires documentation of CASA’s activities Good CASA program quality assurance Texas and National CASA standards require it Funding and grants require it Future ability to advocate for children Tips for Documenting Your Work • • • A good rule for documentation is to keep in mind that you are creating a paper trail. Write it as though the person reading it has no knowledge of the case, who the parties are, or how they’re related to each other. Get it documented as soon as possible!! Let’s take a closer look at the documents. Documentation There are 9 documents that are crucial to a Family Finding Case. These are: 1. 2. 3. 4. 5. 6. 7. 8. 9. Family Finding Intake Form* Child Consult Form Contact Sheet Relative Information Form Relative Interest Form (DFPS) Kinship Release of Information and Acknowledgment (DFPS) Genogram Final Narrative Report Follow-Up Assessment Page | 38 1. Family Finding Intake Form This document is completed by the CASA Child Advocate Specialist or CASA volunteer. It contains case information and contact information for the child advocates. The Intake Form is used to refer a case to the Family Finding Program. The Family Finding Specialist uses the form to document the case and to create other forms used in the process. (Intake Form, next page, is online: casatravis.org in the volunteer log-in section.) Page | 39 CASA OF TRAVIS COUNTY, INC. 7701 N. Lamar Blvd. Suite #301 Austin, Texas 78752 (512) 459-2272 FAX (512) 459-4550 Cause No. D-#-FM-##-###### CASA Family Finding Intake Form IN THE INTEREST OF: IN THE DISTRICT COURT OF Jane Doe TRAVIS COUNTY, TEXAS CHILD/CHILDREN [ ] JUDICIAL DISTRICT DATE OF HEARING: May 15, 2014 _____________________________________________________________________________________ Case Status: Date Entered Care: Date Referred: PMC mm/dd/yyyy mm/dd/yyyy Name of Child DOB Sex Language Ethnicity Jane Doe F English Caucasian Presiding Judge: Permanency Plan: Hathaway Relative Adoption CASA Staff: CASA: DFPS Caseworker: DFPS Supervisor: Attorney ad Litem: ************** ************** ************** ************** ************** Phone# Email FAMILY KNOWLEDGE AND CONNECTIONS Please list a summary of known contacts and any information regarding the family dynamic, including the child(ren)’s wishes. Page | 40 2. CASA Family Finding Youth Consult Form This document serves as a guideline when talking with a child about his/her family history. Ideally, a Family Finding Volunteer will only meet with a youth once, so it is important that all information is gathered at that time. CASA Volunteers may use this tool when speaking with his/her CASA child(ren). (Form is online at casatravis.org, volunteer log-in section.) A child may get upset at this interview, as it is a tough topic. Family Finding Volunteers can conduct this interview so that the CASA/child relationship remains intact. It is acceptable and reasonable that a child would get upset when talking about this topic, Please do not ignore this topic. Page | 41 CASA OF TRAVIS COUNTY, INC. 7701 N. Lamar Blvd. Suite #301 Austin, Texas 78752 (512) 459-2272 FAX (512) 459-4550 Cause No. D-#-FM-##-###### CASA Child Consult Form IN THE INTEREST OF: Jane Doe CHILD/CHILDREN DATE OF HEARING: May 15, 2014 Explain the nature of your work. Describe CASA’s role and, more specifically, the role of the Family Finding Program. Explain that you are interested in getting the child’s perspective and learning more about the child’s family. Keep expectations low by stating that you are here to simply gather as much information as possible so that good decisions can be made for the child and that you want the child to be part of the process. Remember: This is a delicate conversation. Allow the child to lead the conversation. Here are some sample questions: Checking Questions to make sure you understand what the child is saying. Is that what you mean? As I understand it, you would like this? Is that correct? Are you saying that was a negative/positive experience? Tell Me More Questions if you think the child can elaborate on a topic. Can you be more specific? Then what happened? PERMISSION QUESTIONS Are there any questions you have about the process before we begin the interview? Would you like anything before we begin? A glass of water? A toy? A pen and paper? FACTUAL QUESTIONS What grade are you in? Page | 42 What grade are you in at school? What activities do you like? Sports? Art? Reading? Music? How long have you attended this school? TELL ME ABOUT QUESTIONS Tell me about your time in foster care. What do you know about why you came into care FEELING QUESTIONS How did you feel when you came into foster care? What do you like best about your current situation? What do you like least? How do you feel about talking about your family? WHAT THE CHILD WANTS Where do you want to live? Who would you like to contact? What do you want to know about your family? Can you name your relatives? Do you have pictures of your family? Would you like pictures? Who do you have contact with now (even if you are not supposed to have contact)? If PMC, how do you feel about adoption? IN CLOSING Is there anything else you would like me to know? How do you feel about what we talked about today? After the interview, let the child know he/she is brave for having this conversation. Tell the child you know it can be difficult to talk about the past, but that CASA’s goal is to create a better future for him/her. Thank the child for their time and notify the caregiver when you are finished. Page | 43 3. CASA Family Finding Contact Sheet This document serves as an overview of the individuals considered or contacted as part of the Family Finding process. Some contact information most likely will be updated throughout the process. For this reason, it is recommended that you maintain this as an electronic file. Form is online at casatravis.org, volunteer log-in section. The Contact Sheet will be filed with the court for the record to report findings for the purpose of decision making. Page | 44 CASA OF TRAVIS COUNTY, INC. 7701 N. Lamar Blvd. Suite #301 Austin, Texas 78752 (512) 459-2272 FAX (512) 459-4550 Cause No. D-#-FM-##-###### CASA Family Finding Contact Sheet IN THE INTEREST OF: IN THE DISTRICT COURT OF Jane Doe TRAVIS COUNTY, TEXAS CHILD/CHILDREN [126TH] JUDICIAL DISTRICT DATE OF HEARING: May 15, 2014 ______________________________________________________________________________ NAME: Relationship: Address: Phone: Email: Notes: NAME: Relationship: Address: Phone: Email: Notes: NAME: Relationship: Address: Phone: Email: Notes: NAME: Relationship: Address: Phone: Email: Notes: (Contacts can be added throughout the process) Page | 45 4. Relative Interest Form (DFPS) This form allows relatives to state their interest and level of involvement the relative is willing to give to a child(ren) in foster care. The following are the options giving to relatives: I am interested in having this child(ren) place in my home (for up to 12-18 months). I am interested in becoming a kinship caregiver and learning more about supportive services. I am interested in becoming a foster parent for this child and learning more about supportive services. If parent’s rights are terminated, I am interested in adopting this child. I am interested in learning about Adoption Assistance Payments. If the parent’s rights are not terminated, but the child is not reunified, I am interested in becoming this child’s legal and permanent conservator. I am interested in learning more about Permanency Care Assistance. I cannot serve as a placement for the child(ren) at this time, but I am interested in supporting the child(ren) in one or more ways, This form can be confusing to lay people who are not familiar with the DFPS system. Page | 46 Relative Interest Form I, [relative’s name] understand that [Child(ren)’s Name(s)] placed in the legal custody of Texas Department of Family and Protective Services (DFPS), and may be in need of a temporary or permanent caregiver. Please Return this form ASAP, but no later than 30 days from receipt to the name and address at the bottom of this form. Please check those that apply: I am interested in having this child(ren) placed with me in my home (for up to 12 – 18 months) I am interested in becoming a kinship caregiver and learning more about supportive services I am interested in becoming a foster parent for this child and learning more about supportive services If the parent’s rights are terminated, I am interested in adopting this child I am interested in learning about Adoption Assistance Payments If the parent’s rights are not termination, but the child is not reunified, I am interested in becoming this child’s legal and permanent conservator I am interested in learning more about the Permanency Care Assistance Program I cannot serve as a placement for the child(ren) at this time, but am interested in supporting the child(ren) in one or more ways. If you do not return this form or contact the caseworker, DFPS will assume that you are currently unable to provide a family connection or a home for the child/ren to live. If you are unsure of the assistance you can provide and would like to discuss the child/ren’s needs and options available to you, please contact __________________________________ Caseworker/phone number ____________________________________________________ ____/____/____ SIGNATURE DATE (_____) __________________________ ___________________________________ HOME PHONE NUMBER EMAIL ADDRESS (_____) __________________________ CELL PHONE NUMBER Please return this page to: Worker's Name: Worker's Address: Street Address: City, State, Zip RELATIVE SEARCH INFORMATION DFPS is currently attempting to identify and/or locate all parents, grand-parents, great-grandparents, aunts, uncles, and adult siblings of the child. To assist us in this effort, please provide any known information regarding the names or whereabouts of these relatives. Additionally, please list the contact information of other family members or persons who have a longstanding and significant relationship to the child that you are aware of that we may contact. Name of Person Completing Form ________________________________________________________ Page | 47 Child/ren’s Name(s) ___________________________________________________________________ Name ____________________________________________________________________________ Street ____________________________________________________________________________ City ______________________________ State __________________ Zip ____________________ Home Phone (______) _____________________ Cell/Work Phone (______) ___________________ Email Address ______________________________________________________________________ Name ____________________________________________________________________________ Street ____________________________________________________________________________ City ______________________________ State __________________ Zip ____________________ Home Phone (______) _____________________ Cell/Work Phone (______) ___________________ Email Address ______________________________________________________________________ p Paternal Name ____________________________________________________________________________ Street ____________________________________________________________________________ City ______________________________ State __________________ Zip ____________________ Home Phone (______) _____________________ Cell/Work Phone (______) ___________________ Email Address ______________________________________________________________________ Please use the back of this form or a separate sheet to add additional relatives. Page | 48 5. Kinship Release of Information and Acknowledgment (DFPS) This document serves as the detailed view of a specific relative, symbolic relative, or household. The Family Finding Volunteer should complete this sheet for as many relatives and symbolic relatives or households as possible. The form includes information about: • • • • • • Current and former contact information Current and former employment Current and former marriages Other relationships, such as children, parents, siblings, etc. Type of involvement/frequency with child(ren) Other notes DFPS uses this form for authorization to run criminal background checks and DFPS checks. The relatives give information such as: Name Maiden and any other name used Driver’s license number (Texas and any other state) Address Date of birth Gender Race Number of years in Texas Other states lived in the past 10 years By signing the form, relatives agree that any information gathered can be share with: Authorized DFPS employees DFPS designees Attorneys and/or guardian ad litems Court staff CASA Private child-placing agency staff Anyone else authorized or permitted by law The information that may be shared includes: Background check results Health information or status Financial Information Information about family relationships History of personal abuse or neglect Reasons for being a relative placement option Other related information Page | 49 KINSHIP RELEASE OF INFORMATION AND ACKNOWLEDGEMENT Case Name:__________________________________________ Case ID:_____________________________________________ Thank you for applying to be a kinship caregiver. As part of the process, you must provide the Texas Department of Family & Protective Services (DFPS) with information about you and your family. DFPS will use this information to decide if it can or should place children with you. By signing this form, you agree that: You are frelly participating in this process. You understand DFPS employees, or its designees, will ask personal questions and use your answers to form an opinion about you, your home and your family. You are being hones and open with DFPS employees or its designees. If you are not honest and open, DFPS will not place any children with you. You approve that the person doing the home assessment can talk with your family and friends about you and your family. By signing, you give DFPS permission to do a criminal history check on you through the Texas Department of Public Safety. If you have lived in Texas three years or less, you will also need to get a Federal Bureau of Investigation (FBI) Fingerprint report. You also give DFPS permission to check its DFPS records for abuse/neglect history. DFPS may contact other states where you lived for abuse/neglect history. By signing this form, you give DFPS permission to share information it gets during the home assessment process with: Authorized DFPS employees, DFPS designees, Attorneys or guardian ad litems, Court staff, Court appointed special advocates (CASAs), Private child-placing agency staff, and Anyone else authorized or permitted by law to have this information. DFPS may share the following: Background check results, Health information or status, Financial information, Information about family relationships, History of personal abuse or neglect, Your reasons for being a kinship caregiver, and Other related information. Page | 50 By signing you are not waiving any rights you may have to hearings, appeals, or any other administrative processes to contest abuse/neglect findings issued in Texas. Full Name ____________________________ Phone Number_____________ Maiden Name_____________________ Other Names Used ________________ TX Driver's License# ___________________ Any Other State Driver's License Issued? Yes or No License# ________________ Address___________________________ __________________________________ Date of Birth_______________________ Race ___________ Sex _______ Number of Years in Texas _____________ Other states lived in past 10 years _______________________________________ ____________________________ ________________ Kinship Caregiver's Signature Date Full Name ____________________________ Phone Number_____________ Maiden Name_____________________ Other Names Used ________________ TX Driver's License# ___________________ Any Other State Driver's License Issued? Yes or No License# ________________ Address___________________________ Date of Birth_______________________ Race ___________ Sex _______ Number of Years in Texas _____________ Other states lived in past 10 years _______________________________________ ____________________________ ________________ Kinship Caregiver's Signature Date Page | 51 Kinship Care What is Kinship Care? For generations, extended families have played significant roles in the rearing of children when parents are having a difficult time. Referred to as kinship care – or relative care – in DFPS, these caregivers provide children more stability of care when they can’t live with their birth parents. Kinship caregivers can serve as either verified foster parents or as assessed unverified caregivers. What are the benefits of Kinship Care? Provides love and care in a familiar setting; Provides parents with a sense of hope that children will remain connected to their birth families; Enables children to live with people they know and trust; Reinforces a child’s sense of cultural identity and positive self-esteem; Helps a child make and sustain extended family connections; Continues lifelong family traditions and memories; Supports the child in building healthy relationships within the family; Support the child’s needs for safety and well-being; and Creates a sense of stability in a child’s life. What needs to happen before a child can live with a kinship caregiver? The kinship care placement must be in the child’s best interest, and be court ordered. For custody placement, the child’s DFPS worker or contract worker must complete a written assessment of the home that addresses the caregiver’s ability to safely care for the child and report back to the court. This assessment will include criminal history and abuse/neglect history checks on all household members 14 years of age and older. What is expected of kinship caregivers? Make a commitment to provide a safe and loving home for the child; Meet the needs of the children placed in the home, with DFPS staff support; Communicate with DFPS on an ongoing basis, so you can support the stability of the child’s placement; Work closely with DFPS staff to plan a permanent living arrangement for the child; and Request information about the child from the DFPS caseworker that will help you provide care for the child. If serving as a verified foster home, continue to meet the minimum standards requirements for foster homes. What assistance and financial resources does DFPS have to offer assessed unverified kinship caregivers? Kinship Care Adult Support/Education groups; Case management services while DFPS has legal responsibility for the child; Page | 52 Information and referral services; Child care to eligible children and kinship families; Supportive family counseling services; Referral to and assistance in applying for public assistance benefits; Limited financial assistance through integration payments and annual reimbursement for eligible caregivers, as funding is available; and As funding is available, limited financial assistance through annual reimbursement for three years or until the child turns 18 (whichever one comes first) after obtaining permanent custody of the child. What assistance and financial resources does DFPS have to offer kinship caregivers who become verified foster parents? Kinship Care Adult Support/Education groups; Case management services while DFPS has legal responsibility for the child; Information and referral services; Child care to eligible children and kinship families; Supportive family counseling services; Monthly foster care reimbursement checks. After being verified as a kinship foster home, if children cannot be reunified with their parents, and if parental rights have been terminated, the kinship family may be eligible to sign an adoption assistance agreement with DFPS and may qualify for monthly financial assistance until the child turns 18 or, in some circumstances, 21. Kinship caregivers who become verified foster parents may be eligible for Permanency Care Assistance, described below, if they assume permanent custody of the child in their care. What is Permanency Care Assistance? After serving as a kinship foster home for six months, if children cannot be reunified with their parents, and if adoption has been ruled out, the kinship family may be eligible to obtain permanent legal custody (permanent managing conservatorship, PMC) and receive Permanency Care Assistance, which helps to cover the costs of obtaining legal custody and provides monthly financial assistance and continued medical coverage on behalf of the child until the child turns 18 or, in some circumstances, 21. Can Kinship Caregivers adopt a child for whom they have provided care? YES! If children cannot be reunified with parents and parental rights are terminated, kinship caregivers may be eligible to adopt the child and receive “Adoption Assistance“, which helps to cover the costs of the adoption and provides monthly financial assistance and continued medical coverage on behalf of the child until the child turns 18, or in some circumstances, 21. Page | 53 Foster/Adopt Families Basic Requirements The prospective foster/adoptive parents may be single or married and must: be at least 21 years of age, financially stable, and responsible mature adults, complete an application (staff will assist, if desired), share information regarding their background and lifestyle, provide references from relatives and non-relatives, show proof of marriage and/or divorce (if applicable), have a high school diploma or a G. E. D. high school equivalency, or adequately complete a competency screening including basic reading, writing and math skills, agree to a home screening which includes interviews with all members of the family in and out of the home, complete and meet requirements related to a criminal history and a child abuse/neglect history check on all people in the household age 14 and older, complete and meet requirements related to a fingerprint-based FBI criminal history check for all adults, 18 years and older, in the household, and attend a 25 to 35 hour training to learn about issues of abused and neglected children. Prospective foster/adoptive parents generally train together. There is no charge for the training, however there are some fees associated with the verification process. The training lets family and DFPS assess whether foster care or adoption is best for the family. The family may withdraw from the training and verification process at any time. In addition to the basic requirements, foster parents must: have adequate sleeping space, allow no more than 6 children in the home including the family’s own children and children for whom the family provides day care, agree to a nonphysical discipline policy, permit fire, health, and safety inspections of the home, vaccinate all pets, obtain and maintain CPR/First Aid Certification, obtain TB testing for household members, and Attend 20 hours or more of training each year. Responsibilities of Foster and Adoptive Families Foster Parents: provide daily care and nurturing of children in foster care, provide for children’s emotional, mental, physical, social, educational, and cultural needs, according to each child’s developmental age and growth, advocate for children in their schools and communities, Page | 54 inform the children's caseworkers about adjustments to the home, school, and community, as well as any problems that may arise, including any serious illnesses, accidents, or serious occurrences involving the foster children or their own families, make efforts as team members with children's caseworkers towards reunifying children with their birth families, provide a positive role model to birth families, and help children learn life skills. Adoptive Parents: provide permanent homes and a lifelong commitment to children into adulthood, provide for the short-term and long-term needs of children, provide for children's emotional, mental, physical, social, educational, and cultural needs, according to each child's developmental age and growth, and may become verified as a foster family and accept children who are not legally free for adoption, but whose permanency plan is adoption. Can foster families adopt? Yes! Many families are interested in both fostering and adopting, and must agree with the agency that the children's needs come first. In most cases, this means helping prepare children for going back to their birth family, mentoring the birth parents, or working toward a relative or kinship placement. When a court determines that terminating parental rights is in the children's best interest and adoption is the plan, foster parents who have cared for the children may be able to adopt them. Dual verification of parents, to both foster and adopt, speeds up the placement process, reduces the number of moves a child makes, and allows relationships to evolve with the initial placement process. Nearly half the children in DFPS foster care are adopted by their foster families. Can adoptive families provide foster care? Yes! Adoptive families who are willing to accept placement of children who are not yet legally qualified for adoption but, plan to adopt, can also become foster families (called “verified foster families”). This dual verification increases the opportunities for successful adoptions. In some parts of the state, experienced foster families “mentor” new foster parents Through this program, experienced foster families who understand the challenges and rewards of foster parenting, share experiences and give support. Page | 55 Permanency Care Assistance What is Permanency Care Assistance? The Permanency Care Assistance (PCA) program was created to help children and youth who could not be reunited with their parents or adopted. It will give another permanency option for children and youth who might otherwise grow up in foster care. This program requires that relatives and close family friends become the child's verified foster parents for at least 6 months, along with other requirements (see below) before they sign a PCA agreement, and the court grants them Permanent Managing Conservatorship. The benefits include monthly financial assistance and health care assistance to help raise the child to adulthood. Older Youth and Permanency Care Assistance For youth who are between the ages of 16 and 18 when Permanency Care Assistance (PCA) agreements are signed, the relative or fictive kin who then take legal custody of these youth can continue to receive PCA support until the youth turns 21 years of age, so long as certain educational and/or employment eligibility requirements are met by the youth. Youth in this category can also apply for educational training vouchers (ETVs) for vocational or college pursuits, by contacting regional Preperation for Adult Living (PAL) staff. College Tuition Waiver Children and youth who leave DFPS care on or after September 1, 2009, when someone other than the birth parents are given legal custody of them, are eligible for college tuition waivers at a state supported higher education institution. Requests and questions should be routed to the regional PAL staff. What are the eligibility requirements for Permanency Care Assistance? To be eligible to sign a Permanency Care Assistance (PCA) agreement with DFPS and receive PCA benefits, kinship families must first become verified as foster families and serve as such for the child for at least six consecutive months prior to the transfer of PMC. In addition: DFPS must determine that reunification and adoption are not appropriate permanency options for the child. The child must demonstrate a strong attachment to the kinship caregiver. The kinship caregiver must have a strong commitment to caring permanently for the child. Older youth must be consulted about the PCA plan. The caregiver must negotiate, sign, and abide by a PCA agreement, which takes effect on the date that PMC is transferred. The child must be in the temporary or permanent managing conservatorship of DFPS on the day before PMC is transferred. Subsequent to signing the PCA agreement, the kinship caregiver must be named in court as the permanent managing conservator for the child. Page | 56 Assuming all the requirements above are met, PCA payments can begin the first of the month following the month in which PMC is transferred to the kinship caregiver. If the agreement is not signed prior to the transfer of PMC, eligibility is lost permanently. What is the amount of the Permanency Care Assistance monthly payment? For Permanency Care Assistance payments, the maximum monthly payment amount depends upon the child's authorized service level (ASL) at the time the permanency care agreement is signed. The PCA payment ceiling for a child whose service level is Basic Care is $400 per month; the payment ceiling for a child whose service level is Moderate, Specialized or Intense is $545 per month. These payments are similar to adoption assistance payments. What about SSA Benefits and Child Support? While kinship families serve as foster parents, they receive a monthly foster care payment form DFPS. If the child in the kinship family's care receives Social Security Administration (SSA) benefits or if child support monies have been court ordered, DFPS receives and uses these funds to offset the cost of the child's foster care payments. The kinship family will receive the foster care payments in lieu of the child's SSA benefits or child support they may have previously received from DFPS. When the court gives legal custody (permanent managing conservatorship or PMC) to the kinship family and PCA benefits begin, the kinship family would have to apply with the SSA to become the representative payee of the child's SSA benefits and arrangements would have to be made for the kinship family to receive any child support payments that have been court ordered. Questions For questions or additional information, ask your caseworker for how to contact the regional DFPS kinship or foster/adopt (FAD) staff. Additional Information is also found on the DFPS Web site at: http://www.dfps.state.tx.us/Child_Protection/Fostering_Connections/default.asp Page | 57 6. Genogram The purpose of the genogram, or family tree, is to provide a visual representation, or map, of the child(ren)’s family and key information about them. Genograms can be developed in several ways. Below is a sample family tree from Ancestry.com Page | 58 7. Search Log and Narrative Record all your work on the case in a form that works for you that contains the following information. If you are reading files, conducting searches, or doing other work that does not involve contacting people, each entry should include the following: • • • Date Summary of activity Time spent If you are contacting people, each entry should include the following: • • • • • • Date Person Contacted Relationship to child(ren) Method of contact (or attempted contact) and contact information used Summary of Contact Time Spent Page | 59 8. Final Narrative Report This is the report that will be filed with the court and be shared with the parties on the case. The report will outline the history of a child’s time before and during care. It will identify the efforts made to contact and engage relatives, descriptions of the relatives, contact information for the relatives, as well as the youth’s perspective on the family finding efforts (benefits/anger/anxiety). Guidelines/ Special Situations The focus of the report should be to identify safety concerns and offer recommendations toward achieving the permanency plan. Why can’t the child return home today? Why hasn’t the adoption been consummated? The case summary should support the concerns listed and the resulting recommendations. Reports should be between 3 - 5 pages, with longer reports reserved for larger sibling groups. Reports should include only information gathered since the last hearing. Feel free to add case specific sub-headings as appropriate. Bold important information. When reporting information, you should identify the source and date whenever possible. Be as specific as possible. Placement Confidentiality: Unless the child is placed with their parents or biological relatives, the placement nor the school should not be identified by name. Recommendations: The recommendations should be specific and able to be ordered by the Court. Generally, all cases are reviewed every four months. Recommendations can address specific services for the child and/or parents that are not addressed on their service plans. Do not combine recommendations. Juvenile Criminal Involvement: Since the DFPS record cannot be sealed, caution is taken in expressing their juvenile status. Therefore, secure facilities and specific charges should not be identified. (i.e. Johnny is placed in a secure facility. CASA will further discuss his legal issues at this hearing.) Sexual Abuse: If there are allegations regarding sexual abuse between siblings, the specific abuse should not be identified. These issues will be addressed verbally. (i.e. Johnny and Suzy are placed separately because of allegations of inappropriate behavior.) Page | 60 CASA OF TRAVIS COUNTY, INC. 7701 N. Lamar Blvd. Suite #301 Austin, Texas 78752 (512) 459-2272 FAX (512) 459-4550 Cause No. [D-1-FM-06-123456] CASA Family Finding Narrative Report IN THE INTEREST OF: IN THE DISTRICT COURT OF [Children’s Names-Oldest down to Youngest] TRAVIS COUNTY, TEXAS CHILD/CHILDREN [126TH] JUDICIAL DISTRICT DATE OF HEARING: [June 1, 2010] *The number of the Judicial District should be the same district where the Original Petition was filed. CHILD/SITUATION Child/Children’s Name, date of birth, and age (in 3 separate columns, oldest to youngest) If siblings are represented in another cause number or by a separate CASA, they should be identified in this section as well. If CASA has knowledge of additional siblings that are not in care, they could be identified here. Conservatorship – TMC or PMC and when achieved (or none if applicable); can find in DFPS report under “Legal Status” section or from latest PC notes (if recent); when in doubt- ask your Supervisor Do not say a child is “under” the Conservatorship of DFPS; use the word “in” Current placement – what type of placement and whether it is in or out of the Austin area; if out of the Austin area, include the approximate distance Be sure to update the child’s age from the previous court report if applicable Include the dismissal date, extended deadline, or return and monitor status as applicable PERMANENCY PLAN The current DFPS Permanency Plan is [Family Reunification] with a concurrent plan of [Permanent Placement with a Relative]. CASA is in agreement with this plan. DFPS Permanency Plan can be found in the DFPS court report, on the Service Plan, or you can obtain the information from the caseworker or at the PC meeting Standard DFPS Permanency Plan options are as follows: Family Reunification, Family Preservation, Permanent Placement with a Relative, Adoption (Relative or Non-Relative, APPLA: Independent Living (Another Planned Permanent Living Arrangement) Page | 61 Be sure to state whether or not CASA agrees with the plan; if not in agreement, state what CASA feels the plan should be; bold CASA’s plan if different from DFPS SUMMARY OF CONTACTS SINCE LAST REVIEW (to be completed by volunteer) Include people whom you have attempted to contact (with dates) even if you have not reached them (should be documented in your case notes as well). Do not include names; refer to them as “the foster mother” or “the foster parents”, “the Science teacher”, etc. CASA read the case file on mm/dd/yy SUMMARY FINDINGS (to be completed by volunteer) Child’s Name, age Summary of findings from search Current contact with relatives AREAS OF CONCERN (to be completed by the volunteer) Concerns should be bulleted Do not mention a concern in this section unless you have provided an explanation in the CASE SUMMARY section RECOMMENDATIONS Based on the above summary and observations, CASA of Travis County, Inc. respectfully recommends: __________________________________ Your Name CASA Family Finding Volunteer ___________________ Date __________________________________ CASA Family Finding Specialist ___________________ Date __________________________________ CASA, Guardian ad Litem ___________________ Date _________________________________ CASA Child Advocacy Specialist ___________________ Date __________________________________ Team Leader ___________________ Date Page | 62 Placed before Court Report 8. Follow-Up Assessment This form will be filled out by the Family Finding Specialist 4 months after the family finding team submits the final narrative report to the CASA volunteer and Child Advocacy Specialist. • • • • • Youth name Name of person completing the survey Date Team members who continue to support the youth Persons who have been added as supporting adults as a result of family finding efforts: • Parents • Relatives • Teachers • Foster Parents • Services being provided as a result of family finding services; • Therapy • Joint therapy with relative/parent/sibling • Sibling visits • Relative visits • As a result of family finding efforts, the family members now • Communicate with DFPS • Attend court • Began contact with youth • Sent photos • What new contacts have been made since the family finding efforts? Page | 63 PART II Confidentiality Family Finding Volunteers will not discuss the case with any party of the lawsuit except for the CASA Volunteer and CASA Child Advocacy Specialist, unless otherwise approved by the volunteer and specialist. Family Finding Volunteers are, however, privileged to confidential information through records and in communicating with the CASA volunteer and other child advocates. It is of utmost importance for family finders to remember the task of the family finding program is to GATHER information through records and communication with relatives. It is not to disseminate information. Confidentiality & the CASA Volunteer When a CASA and/or a Family Finding Volunteer are assigned a case, he/she will be responsible for understanding what is meant by confidentiality. The CASA and Family Finding Volunteer may not release this information except to the child, CASA program staff, and the attorney on the case, the caseworker, the court, and others as instructed by law or local court rule. There are strict guidelines about who can have access to confidential information. By law, CASA volunteers must keep all information regarding the case confidential and make no disclosure, except by court order or unless provided by law. Mistakes in handling confidential information can be detrimental to the children involved and can bring criminal action against the people who misuse the information. When in doubt, discuss any confidentiality concerns with your supervisor! What information should be shared with the child? One role of the CASA is to ensure that the child(ren) is/are appropriately informed about relevant case issues, considering both the child’s age and developmental level. The child is informed in an age-appropriate manner of impending court hearings, the issues to be presented, the recommendations of the volunteer, and the resolution of those issues. If there is any question about what information should be shared with the child, ask your supervisor. Family Finding Volunteers will work with the CASA to decide what information is appropriate to share with the child(ren). What is confidential? As a CASA or Family Finding Volunteer, you must regard as confidential any information that the source deems confidential. If any source from which information is obtained requires the CASA or Family Finding Volunteer to produce the court order of appointment, or inquires about Page | 64 CASA’s interest and reason CASA is entitled to such information, the CASA or the Family Finding Volunteer should respectfully produce your court order and photo identification. The appointment order gives CASA the authority to obtain a great deal of confidential information.. The records of the Department of Family and Protective Services are confidential and are not available for public inspection. It is especially important that the name of any person who has made a report of suspected child abuse and/or neglect not be revealed. School records are also confidential. There are legal privileges that protect attorney/client, doctor/patient, priest/parishioner, psychologist/patient, and caseworker/client communications. Such communication, whether verbal or written, is all confidential and must remain so unless a court order specifically states otherwise. Conversations with neighbors and friends who voluntarily give information are not considered confidential. Also, if a teacher who is not providing confidential school records, but rather sharing impressions, these impressions would not be confidential unless the teacher requested that they be kept as such. This information, although not legally confidential, is still private and should not be shared except on a “need to know” basis, and then only with those people who need the information to better serve the child. An example would be sharing a previous teacher’s positive impressions of the child with a new teacher in order to increase the teacher’s sensitivity toward the child during a difficult time. Remember: There does not appear to be any legal requirement that you disclose to a source your intent to share information. It is important to be respectful of the source and to be honest about your intentions with regard to the use of the information. You can never promise that you will not share the information received. Ethical Conduct and Confidentiality CASA of Travis County upholds the credibility, integrity, and dignity of the CASA mission by conducting all business in an honest, fair, professional, and compassionate manner. Recognizing and respecting the sensitive nature of the work, maintaining confidentiality is paramount. The chief executive officer/program administrator, any staff, paid consultant, volunteer or governing board member of the CASA program serves in accordance with written policies governing conflict of interest, accountability and delegation of authority. An assigned CASA or Family Finding Volunteer is prohibited from being related to any parties involved in the case or being employed in a position and/or affiliated with an agency that might result in a conflict of interest. Page | 65 Maintaining Confidentiality CASA staff and volunteers respect the child's right to privacy by maintaining confidentiality. CASA volunteers take an oath of confidentiality upon completion of training and sign a statement of confidentiality upon acceptance of each case. CASA staff sign a statement of confidentiality upon hire. The CASA program demonstrates its compliance with applicable statutory requirements pertaining to confidentiality of client information by ensuring that its policies, procedures and practices are consistent with all applicable laws and regulations. Access to records is limited to the court, authorized agency personnel and others outside the agency whose request for access to confidential information is permitted by statute or the court. All confidential electronic and hard copy correspondence, files and records are safely and securely maintained. Controls exist that enable records to be located at any time. CASA Confidentiality Policy 1. All material copied from the DFPS case record must be kept in the family finding case file. 2. Before discussing any elements of the case, discuss with your supervisor who has the “need to know” and what information should be shared. 3. Communication with the DFPS caseworker is critical; let them know what information you are sharing. 4. Court reports are not privileged information and can be shared with parties to the lawsuit. 5. Although the court can release the name of a reporter of any alleged abuse, you may not divulge this information. 6. You may discuss concerns and progress with contract service providers who are performing work for the child or parents on your case. 7. You may provide necessary information to relatives about the child who is placed with them and about the child’s family to enable the relatives to care for the child. Page | 66 8. You may provide necessary information about the child and child’s family to foster and adoptive parents to enable them to care for the child. Criminal Records Check – you may request a criminal records check when necessary to complete a risk assessment, family assessment or other assessment (including home studies or child care arrangements) on any of the following parties: a. Persons with a role of alleged perpetrator, b. The alleged victim’s parents or other person legally responsible for the child; c. Or a person with whom the parent or other legally responsible person has placed an alleged victim or person who is being considered for placement. 9. You may share information about a person’s criminal history as follows: a. To the person whose history it is b. To an adult living with a child and the person whose history it is, if determined that the release of the information to the adult is necessary to ensure the safety or welfare of the child or adult; or c. To other persons with the consent of the person whose history it is or on court order 10. HIV Status – You may not share information about parent or relative’s HIV status 11. DFPS must release confidential information about child’s HIV status if they confirm that release is necessary to secure appropriate care and protection for the child and to protect other’s in the child’s environment for HIV infection. When in doubt, check with the Child Advocacy Specialist or Family Finding Specialist. Obtain consent: If parental rights are still intact, it may be necessary to obtain consent from a parent to obtain confidential information such as school and medical records. Obtain consent from the mother, either through her direct agreement (if you are allowed to speak with her), or through her attorney (if she has one), or through your attorney from the father, (as above, with mother) if they maintain custodial rights. Remember: CASA volunteers should have on hand blank consent forms from so that when an When toto locate a relative, may release on identifying adult istrying willing consent, the rightvolunteers form can be presented the spot. information about the parent including the parent's name, age, ethnic group, physical description, social security number, former address, former employer, and pertinent dates. Volunteers must not release information that is not needed to locate the parent. Volunteers may also release information to explain the reason for trying to locate the parent. Page | 67 Releasing or Using Children's Photographs or Images A photo or image of a child or youth in DFPS conservatorship may be released or otherwise used only if all of the following conditions are met: • • • • DFPS, as the managing conservator, gives written permission. The child, if old enough to read and write, gives written permission. Release or use of the photo is in the best interest of the child or youth. That is, its use poses no threat to the child’s health or safety, and the use is not for any commercial use, publicity, pecuniary benefit, or similar gain for another party. No reference is made to the fact the child or youth is in the conservatorship of DFPS, and the use does not stigmatize the child in any way. Not Requiring Child, Youth, or Caregiver Consent Uses not requiring child, youth, or caregiver consent are as follows: • • DFPS may release or provide a photograph or image of a child or youth to law enforcement officials, the county or district attorney, or the court, in order to protect the child from abuse, neglect, or other harm. If parental rights have been terminated and DFPS is named as the permanent managing conservator, the child’s or youth’s photograph may be used by DFPS without restriction for purposes of seeking an adoptive home for the child or youth. Not Requiring DFPS Consent but Requiring Verbal or Written Child or Youth Consent Uses not requiring DFPS consent but requiring verbal or written child or youth consent are as follows: • • • The child, or the caregiver with the child’s or youth's consent, may release or otherwise distribute a photo that includes the child to the child's friends or to the caregiver's friends or family, such as a school picture traded with peers or a family photo sent in a holiday card. The child or youth, or the caregiver with the child’s or youth's consent, may release or provide a photograph of him or herself to the child’s or youth's biological family. The child or youth, or the caregiver with the child’s or youth's consent, may release or allow a photograph that includes the child or youth to be used the photograph is used as a normal part of a school or extracurricular activity. Examples include photos published in the school yearbook or a church newsletter, photos of Honor Roll students published in the local newspaper, a group photo of a scout troop distributed to all the troop members and posted on a community youth center bulletin board, photos of the basketball team posted in a school showcase, or other similar publication. Page | 68 Releasing Information to Alleged Victims of Child Abuse or Neglect and to Their Adoptive Parents Texas Family Code requires DFPS to release records pertaining to the history of a child who was the subject of an investigation of abuse or neglect if either of the following parties requests them: • The child's adoptive parents, or • The child himself after he becomes an adult. DFPS is required to edit the child's records before releasing them in order to protect the identities of the child's biological parents and all other persons whose identities are confidential. Page | 69 Acceptance of Confidential Records Form I am a Family Finding Volunteer with CASA of Travis County, Inc. I have accepted a case to provide family finding services through CASA of Travis County, Inc. I have been given access to case records relating to this case, and further understand that I will receive additional case record information, both written and verbal as it becomes available. I understand that I have sworn to maintain confidentiality of all information that I receive. I will maintain confidentiality of these case records by: Keeping all written records in a secure place while in my possession Not discussing the case with anyone other than parties to the lawsuit and my CASA supervisory staff Following all CASA of Travis County, Inc., procedures regarding which records I may keep in my possession and which must remain in the CASA or DFPS office. Returning all my written case records to the CASA office within 10 days, either when my case closes, or at such time I resign from the case. I have been informed of the Texas Human Resources code (40.005) which provides that, a person who is authorized to receive confidential information shall maintain its confidentiality and shall prevent disclosure of the information to a person who is not authorized to receive the information. It is a Class A misdemeanor to disclose, without authorization, confidential information contained in the Texas Department of Protective and Regulatory Services records, papers, files, or communications Signed this _____________ Day of ________________ 20_____________ ______________________________ CASA Family Finding Volunteer _____________________________ CASA Family Finding Specialist Page | 70 CONSENT TO DISCLOSURE OF CLIENT RECORD INFORMATION Re: Cause #: ______________ Mother: _____________________________Father: __________________________________ Case Name: ___________________________________________________________________ Child(ren): ___________________________________________________________________ ______________________________________________________________________________ _____________________________________________________________________________ I hereby give my permission for CASA of Travis County, Inc., through Representative Volunteer: ________________________________________________________ and Supervisor: ________________________________________________________________ have access to information by obtaining any records; with the exception of _____________________________________________________________________________ and the ability to speak with the following persons or agencies: 1. ______________________________________________________________ 2. ______________________________________________________________ 3. ______________________________________________________________ _________________________________ Parent’s Signature __________________________ Date ___________________________________ Address ___________________________________ Phone Page | 71