RESOURCE GUIDELINES
RESOURCEGUIDELINESImprovingCourt Practicein Child Abuse& Neglect CasesNATIONAL COUNCIL OF JUVENILEAND FAMILY COURT JUDGESReno, Nevada
RESOURCEGUIDELINESImprovingCourt Practicein Child Abuse& Neglect Cases2Authored by the Publication Development CommitteeVictims of Child Abuse ProjectHonorable David E. Grossmann, ChairmanSpring 1995National Council of Juvenileand Family Court JudgesLouis W. McHardy, Executive DirectorUniversity of Nevada, RenoApproved by National Council of Juvenile and Family Court JudgesOfficers and Board of TrusteesJanuary 1995This document was supported by Grants No. 92-CT-CX-0001 and No. 95-CT-FX0001 from the Office of Juvenile Justice and Delinquency Prevention, Office ofJustice Programs, U.S. Department of Justice. Points of view or opinions in thisdocument are those of the authors and do not necessarily represent the officialposition or policies of the U.S. Department of Justice.Support for the development and publication of this document also was receivedfrom The Edna McConnell Clark Foundation of New York City.National Council of Juvenile and Family Court Judges University of Nevada,Reno, P.O. Box 8970, Reno, Nevada 89507. 1995 by the National Council of Juvenile and Family Court Judges. All rights reserved.Reproduction of this publication for educational purposes is encouraged, withattribution to “RESOURCE GUIDELINES -Improving Court Practice in Child Abuseand Neglect Cases, published by the National Council of Juvenile and Family CourtJudges, Reno, Nevada.”
TABLE OF CONTENTSI. INTRODUCTION . 9A. Need for Guidelines . 10B. Purpose of Guidelines . 11C. Scope of Guidelines . 11D. Key Principles Underlying Guidelines . 121. Avoiding Unnecessary Separation of Children and Families . 122. Reunification . 133. When Reunification is Not Feasible . 134. The Need to Make Timely Decisions in Child Abuse andNeglect Litigation . 145. The Oversight Role of the Juvenile and Family Court . 14E. Endnotes . 16II. GENERAL ISSUES . 17A. Authority of the Juvenile and Family Court andthe Role of the Judge . 18B. Calendaring for One Family-One Judge . 19C. Case Flow Management . 191. Judicial Commitment and Leadership . 202. Standards and Goals . 203. Monitoring and Information System . 204. Scheduling for Credible Court Dates. 205. Court Control of Continuances . 21D. Judge-Supervised Judicial Officers . 21E. Access to Competent Representation . 221. Attorneys . 222. Guardians ad Litem/Court Appointed SpecialAdvocates (GAL/CASAs) . 23F. Court Facilities . 24G. Voluntary Agreements for Care . 24H. Emergency Orders . 251. Child Protection . 252. Speedy Issuance of Orders . 263. Procedural Protections in Emergencies . 264. Advancing the Litigation in Emergencies . 265. Procedure for Emergency Hearings . 27I. Endnotes . 27III. PRELIMINARY PROTECTIVE HEARINGS . 29A. Introduction . 30B. Who Should Be Present . 33C. Filing the Petition . 36D. Key Decisions the Court Should Make at thePreliminary Protective Hearing . 373
Table of ContentsE. Additional Activities at the Preliminary Protective Hearing . 39F. Submission of Reports to the Court. 40G. The Court’s Written Findings of Fact and Conclusionsof Law at the Preliminary Protective Hearing . 40H. Conclusion. 41I. Resource Guideline . 42J. Preliminary Protective Hearing Checklist . 43K. Endnotes . 444IV. ADJUDICATION HEARINGS . 45A. Introduction . 46B. Timing of Adjudication . 47C. Admissions and Agreements . 47D. Who Should Be Present . 48E. Key Decisions the Court Should Make at theAdjudication Hearing . 49F. Additional Decisions at the Adjudication Hearing . 50G. The Court’s Written Findings of Fact and Conclusionsof Law at the Adjudication Hearing . 50H. Conclusion. 50I. Resource Guideline . 51J. Adjudication Hearing Checklist . 52K. Endnotes . 52V. DISPOSITION HEARINGS . 53A. Introduction . 54B. Need for Separate Proceeding at Disposition . 54C. Timing of Disposition . 55D. Agreements by the Parties . 55E. Who Should Be Present. 55F. Submission of Reports to the Court. 56G. Key Decisions the Court Should Make at theDisposition Hearing . 57H. The Court’s Written Findings of Fact and Conclusionsof Law at the Disposition Hearing . 60I. Conclusion. 61J. Resource Guideline . 62K. Disposition Hearing Checklist . 63VI. REVIEW HEARINGS . 65A. Introduction . 66B. Timing of Review . 67C. Agreements by the Parties . 68
Table of ContentsD. Who Should Be Present. 68E. Key Decisions the Court Should Make at theReview Hearing . 70F. Submission of Reports to the Court. 72G. The Court’s Written Findings of Fact and Conclusionsof Law at the Review Hearing . 73H. Conclusion. 73I. Resource Guideline . 74J. Review Hearing Checklist . 75K. Endnotes . 76VII. PERMANENCY PLANNING HEARINGS . 77A. Introduction . 78B. Timing of Permanency Planning Hearings . 79C. Agreements By the Parties . 80D. Who Should Be Present. 80E. Key Decisions the Court Should Make at thePermanency Planning Hearing . 80F. Submission of Reports to the Court. 82G. The Court’s Written Findings of Fact and Conclusionsof Law at the Permanency Planning Hearing . 83H. Conclusion. 84I. Resource Guideline . 84J. Permanency Planning Hearing Checklist . 85K. Endnotes . 86VIII. TERMINATION OF PARENTAL RIGHTS HEARINGS . 87A. Introduction . 88B. Petition and Notice . 89C. Voluntary Relinquishment of Parental Rights. 90D. Pretrial Proceedings . 911. Case Flow Management . 912. Appointment of Counsel . 923. Discovery . 934. Pretrial Conferences and Meetings. 935. Submission of Reports to the Court . 93E. Timing of the Termination Hearing . 94F. Who Should Be Present. 94G. Key Decisions the Court Should Make at theTermination of Parental Rights Hearing . 95H. The Court’s Written Findings of Fact and Conclusionsof Law at the Termination of Parental Rights Hearing . 95I. Post-Termination Placement Plan and Judicial Monitoring . 955
Table of ContentsJ.K.L.M.Conclusion. 97Resource Guideline . 98Termination of Parental Rights Hearing Checklist. 99Endnotes . 99IX. ADOPTION HEARINGS . 101A. Introduction . 102B. Adoption Hearings . 102C. Who Should Be Present . 102Persons Who Should Always Be Present at theUncontested Adoption Hearing . 102Persons Who Should Always Be Present at theContested Adoption Hearing . 103Persons Whose Presence May Also Be Needed at theContested Adoption Hearing . 103The Court’s Written Findings of Fact and Conclusionsof Law at the Adoption Hearing . 103D. Conclusion. 104E. Resource Guideline . 104F. Adoption Hearing Checklist . 1056MASTER CHECKLISTS . 107GLOSSARY . 121APPENDIX A: Time Resource Calculations . 125APPENDIX B: Alternatives to Contested Litigation inChild Abuse and Neglect Cases . 131APPENDIX C: “Improving Implementation of the Federal AdoptionAssistance and Child Welfare Act of 1980” . 139
PUBLICATION DEVELOPMENT COMMITTEE MEMBERSJudge David E. GrossmannChairmanPublication Development CommitteePresident-ElectNational Council of Juvenileand Family Court JudgesHamilton County Juvenile CourtCincinnati, OhioJudge William E. GladstoneRetired JudgeDade County Juvenile CourtMiami, FloridaJudge E. Preston GrissomChesapeake Circuit CourtChesapeake, VirginiaJudge Sophia H. HallCircuit Court of Cook CountyChicago, IllinoisJudge Sharon P. McCullyThird District Juvenile CourtSalt Lake City, UtahJudge David B. MitchellCircuit Court of Baltimore CityBaltimore, MarylandJudge Gerald E. RouseFifth Judicial District CourtColumbus, NebraskaJudge Paul R. WohlfordBristol County Juvenile CourtBristol, TennesseeCONSULTANTS AND ADVISORSSteve BaronSuperior Court of CaliforniaSanta Clara CountySan Jose, CaliforniaReferee Paul DeMottHamilton County Juvenile CourtCincinnati, OhioJudge Leonard P. EdwardsSuperior Court of CaliforniaSanta Clara CountySan Jose, CaliforniaJudge Ninian M. EdwardsRetired JudgeSt. Louis County Circuit CourtClayton, MissouriJudge James M. Farris317th District CourtBeaumont, TexasJudge Carmen A. FerrantePresidentNational Council of Juvenileand Family Court JudgesSuperior Court of New JerseyPaterson, New JerseyJudge Richard J. FitzGeraldJefferson County District CourtLouisville, KentuckyPeter W. ForsytheConsultantDover, New HampshireMark HardinAmerican Bar AssociationCenter on Children and the LawWashington, D.C.Judge Martin A. HermanSuperior Court of New JerseyWoodbury, New JerseyJudge Thomas E. Hornsby15th Judicial Circuit CourtDixon, IllinoisJoe KrollNorth American Councilon Adoptable ChildrenSt. Paul, MinnesotaJudge B. Thomas LeahyRetired JudgeSuperior Court of New JerseyNewark, New JerseyJudge J. Dean Lewis15th District Juvenile andDomestic Relations CourtFredericksburg, VirginiaJudge John F. MendozaRetired JudgeEighth Judicial District CourtLas Vegas, NevadaMichael PirainoNational Court Appointed SpecialAdvocate (CASA) AssociationSeattle, WashingtonJudge Gerald E. RadcliffeCommon Pleas CourtProbate and Juvenile DivisionsChillicothe, OhioJudge W. Donald ReaderFifth District Court of AppealsCanton, OhioJudge Philip H. RoseVinton County Court of Common PleasMcArthur, OhioMaria E. SchmidtNational Center for State CourtsArlington, Virginia7
Barbara SeibelDirector of Court ServicesHamilton County Juvenile CourtCincinnati, OhioJustice Charles E. SpringerNevada Supreme CourtCarson City, NevadaJudge John P. SteketeeKent County Juvenile CourtGrand Rapids, MichiganChief Justice Gerald W. VandeWalleSupreme Court of North DakotaBismarck, North DakotaJudge Roy B. Willett23rd Judicial Circuit CourtRoanoke, VirginiaJudge Marshall P. YoungDistrict JudgeFederal CourtDistrict of South DakotaRapid City, South DakotaPUBLICATION STAFFRENONational Council of Juvenileand Family Court Judges8Louis W. McHardyProject Director, Victims of ChildAbuse Act ProjectExecutive Director, NCJFCJ, andDean, National College of Juvenileand Family LawCheryl M. DavidekSenior Administrative AssistantKrista R. JohnsDirector of CurriculumMary Volpa MentaberryProject Manager, Assistant EditorRobert PrakstiProject Director, PermanencyPlanning for Children ProjectArne L. SchoellerAssociate Director, Planning andDevelopmentThelma K. SekiguchiSenior Administrative AssistantM. James TonerAssociate Director of ContinuingJudicial EducationPatricia J. WhiteSenior State Training SpecialistPublication EditorPITTSBURGHNational Center forJuvenile JusticeE. Hunter Hurst IIIDirector, National Center forJuvenile JusticeRichard GableDirector of Applied ResearchGregory HalembaResearch AssociateE. Hunter Hurst IVResearch AssistantPatricia TorbetResearch AssociateACKNOWLEDGEMENTThese guidelines were developed bya committee of the National Council ofJuvenile and Family Court Judges, comprised of active member judges whowere joined by representatives from theNational Conference of Chief Justicesand the American Bar Association Judicial Administration Division. Staff ofthe National Council of Juvenile andFamily Court Judges and its researcharm, the National Center for JuvenileJustice, worked in conjunction withcommittee members and consultants todevelop these recommendations to helpguide the acquisition and allocation ofjudicial resources.Special thanks go to Mark Hardinof the American Bar AssociationCenter on Children and the Lawand Barbara Seibel, Director ofCourt Services of the HamiltonCounty Juvenile Court in Cincinnati, Ohio, for their significant contributions to this project. These Resource Guidelines are recommendedfor use by judges, court personnel, social service workers, attorneys and related professionals. Readers are urgedto use this information to ensure thatas many children as possible havestable, caring, and supportive families,not only during their early years, butfor a lifetime.
I. INTRODUCTIONINTRODUCTIONTABLE OF CONTENTSI. IntroductionA. Need for Guidelines . 10B. Purpose of Guidelines . 11C. Scope of Guidelines . 11D. Key Principles Underlying Guidelines . 121. Avoiding Unnecessary Separationof Children and Families . 122. Reunification . 133. When Reunification isNot Feasible . 134. The Need to Make Timely Decisionsin Child Abuse and NeglectLitigation . 145. The Oversight Role of theJuvenile and Family Court . 14E. Endnotes . 169
I. IntroductionA. Need for Guidelines10Victims of child abuse and neglectcome before juvenile and family courtjudges for protection from further harmand for timely decision-making for theirfuture. In response, judges make critical legal decisions and oversee socialservice efforts to rehabilitate and maintain families, or to provide permanentalternative care for child victims. Theseoversight responsibilities require a largeportion of the court’s attention,workload and resources as the reportednumber of child abuse and neglect casesgrows each year. Public awareness ofthe tragedy of physical and sexual abuseof children has led to a recent explosionin court referrals. The problem has beenexacerbated by poverty, the impact ofdrug-exposed mothers and infants, HIVSyndrome, the continuing dissolution ofthe family unit, and the growing recognition that child victims are often foundin violent families.Throughout the United States, childabuse and neglect proceedings in thejuvenile and family courts have beentransformed by new demands placedupon the courts. These demands haveincluded escalating judicial caseloads,increasingly difficult cases, and a significant new role assigned to juvenile andfamily courts in abuse and neglect cases.In the 1970’s, juvenile and familycourts were expected only to determinewhether a child had been abused or neglected and, if so, whether the childneeded to be removed from home orplaced under court or agency supervision. At present, however, courts are expected to make sure a safe, permanent,and stable home is secured for eachabused or neglected child. This changehas been brought about by major federal foster care reform legislation, theAdoption Assistance and Child WelfareAct of 1980—boxed at right on page 11 ,(P.L. 96-272) and major revisions in statelaws.As a result of recent changes in federal and state law, juvenile and familycourts now take a far more active role indecision-making in abuse and neglectcases. More complex issues are nowdecided in each case, more hearings areheld, and many more persons are in-volved. To perform their expandedoversight role, courts need to understand how public child welfare agencies operate and what services are available in the community for endangeredchildren and their families.Unfortunately, many courts have neither the ability nor the resources tomeet these new demands. Judicialcaseloads have actually risen at thesame time that the number of issues,hearings, and parties have increased.As a result, in many jurisdictions, thequality of the court process has gravelysuffered. Hearings are often rushed inchild abuse and neglect cases. Thereare also frequent and unfortunate delays in the timing of hearings and decisions, causing children to grow upwithout permanent homes. Manycourts know little about relevant agencyoperations or services. All too often,child welfare agency employees spendunnecessary hours waiting for courthearings while they could be “out working in the field.”The nation’s juvenile and familycourts need a clear description of waysto fulfill their responsibilities in childabuse and neglect cases. This description must explain the decision-makingprocess in these cases and describe resources needed to create such a process.What is needed is a clear vision of juvenile and family court procedures inchild abuse and neglect cases, basedupon the experiences of demonstrationcourts which already have been relatively successful in performing theirnew role. The new vision must be realistic, clarifying the resources necessaryto meet 21st century demands.The increased responsibilities and resultant administrative tasks which P.L.96-272 requires of judges are taxing already overburdened people and systems. Juvenile and family court judgesare the gatekeepers of our nation’s foster care system. They must ultimatelydecide whether a family in crisis will bebroken apart and children placed in foster care or whether placement can besafely prevented through the reasonable efforts of our social service system.
I. IntroductionDuties Imposed by the AdoptionAssistance and Child Welfare Actof 1980 (P.L. 96-272) on StateJuvenile and Family CourtsFederal Requirements Applicable toState Juvenile and Family Courts: Evaluation of reasonableness ofservices to preserve families. Periodic review hearings in fostercare cases. Adherence to deadlines forpermanency planning decisions. Procedural safeguards concerningplacement and visitation.Indirect Impact on Courts ofFederal Requirements: More termination of parentalrights cases. More adoption, custody, andrelative placement cases.Some Additional DutiesOften Imposed on Juvenile andFamily Courts By State Statuteor Court RuleEverything Specified by Federal Law,Plus the Following: Prompt review of emergencyplacements. Strict deadlines for adjudication(trial). Strict deadlines for disposition. Oversight of agency case planning. Periodic review in all cases. Stricter deadlines for permanencyplanning decisions. Procedural safeguards stricter thanthose specified by federal law andprovided through the courts. More termination of parental rightsproceedings due to updated grounds. Oversight of agency efforts to placeabused or neglected children withrelatives.Source: M. Hardin, Judicial Implementation of PermanencyPlanning Reforms: One Cour t That Works (ABA 1992).If reasonable efforts to preserve or reunify families are not evaluated and ensured through effective judicial review,then families and children are unnecessarily harmed.Note: Additional information on P.L.96-272 is provided in Appendix C. “Improving the Implementation of the Federal Assistance and Child Welfare Actof 1980,” by the Hon. Leonard P.Edwards, superior court judge in SantaClara County, California.B. Purpose of GuidelinesThe purpose of these resource guidelines is to set forth the essential elementsof properly conducted court hearings.The guidelines describe the requirements of juvenile and family courts infulfilling the role now placed upon themby federal and state laws. These guidelines also describe how court calendarscan be efficiently managed to achieveefficiency and avoid delays; explain thecourt staffing and organization necessary to make the judicial process runsmoothly; and clarify costs associatedwith such reforms.These guidelines are meant to influence future administrative and fundingdecisions concerning juvenile and family courts. They are intended to helpcorrect the gaping discrepancies thatpresently exist between legislative demands and judicial resources for childabuse and neglect cases.C. Scope of GuidelinesThese guidelines set forth the elements of a high-quality judicial processin child abuse and neglect cases. Theyspecify the necessary elements of a fair,thorough, and speedy court process incases brought for the protection ofabused and neglected children. Theguidelines cover all stages of the courtprocess, from the preliminary protectivehearing until juvenile and family courtinvolvement has ended. These guidelines assume that the court will remain11
I. Introduction12involved until after the child has beensafely returned home, placed in a new,secure and legally permanent home —whether through adoption or legal custody — or has reached adulthood.These guidelines address the processitself rather than substantive law. Theydo not offer criteria for state agency orcourt intervention in the lives of families, but are limited to matters of judicial procedure, organization, staffing,and finances. The guidelines do not attempt to define child abuse and neglect,describe what kinds of child abuse orneglect justify a child’s removal fromhome, specify when children can safelybe returned home, or set forth suggested grounds for the termination ofparental rights.Instead of focusing on the criteria forjudicial decisions, these guidelines setforth the characteristics of each hearing itself. The guidelines outline neededprocedural steps for each hearing, describe key decisions that must be made,specify when each hearing needs to takeplace, and the role of each participant.The guidelines outline neededprocedural steps for each hearing,describe key decisions that mustbe made, specify when eachhearing needs to take place,and the role of each participant.The guidelines also explain the necessary preconditions for conductingthorough, meticulous, and timely hearings. For example, courts need certainadministrative supports to effectivelymanage the pace of litigation. To conduct proper hearings, courts must meetcertain personnel requirements, provide necessary types of equipment, haveadequate facilities and work space, haveworkable caseloads, and provide fordiligent advocacy for the parties. Theseguidelines clarify such requirementswith specific reference to child abuseand neglect litigation in juvenile andfamily courts.These guidelines were not developedin a vacuum, but resulted instead fromthe working experience of many courts,most notably the Hamilton County Juvenile Court in Cincinnati, Ohio.Throughout the deliberations resultingin the final document, Hamilton Countyexperience was observed, measuredand documented to provide a base ofreality for understanding both the needfor good practice and the requirementsnecessary to assure it can occur.Technical information is provided inAppendix A - Time Resource Calculations to further guide court administrators and judges estimating docket time,judicial time and ancillary court stafftime necessary to implement the Resource Guidelines. Estimates are provided of the annual time requirementsfor new cases from initial dispositionthrough ongoing case review to termination.D. Key PrinciplesUnderlying GuidelinesThe most basic principle underlyingthese guidelines is the need for comprehensive and timely judicial action inchild welfare cases. These guidelinesrecognize the need to assure safe andpermanent homes for abused or neglected children and the prominent roleof the judiciary in this process. Otherkey principles include:1. Avoiding Unnecessary Separation of Children and FamiliesWhen
National Council of Juvenile and Family Court Judges Hamilton County Juvenile Court Cincinnati, Ohio Judge William E. Gladstone Retired Judge Dade County Juvenile Court Miami, Florida Judge E. Preston Grissom Chesapeake Circuit Court Chesapeake, Virginia CONSULTANTS AND ADVISORS Steve Baron Superior
Guidelines Heuristics (rules that are generally true) –have been developed for various manufacturing technologies. Some DFM guidelines –Guidelines for machining –Guidelines for assembly –Guidelines for injection molding –Guidelines for sheet metal processing –Guidelines for sheet die forming –Guidelines for casting
Analyzing the Capacity and Engagements Heatmap Blue –The resource’s engaged time is significantly lower than the resource’s overall capacity, and should be given more work. Green –The resource’s engaged time is roughly the same as the resource’s overall capacity Red - The resource’s engaged time is significantly higher than the resource’s overall
specialized & technical field; capacity accreditation can facilitate more active engagement in resource adequacy planning by regulators, stakeholders, and policymakers. Why do we also need a robust framework for capacity accreditation? Resource 1. Resource 2. Resource 3. Resource 4. Resource 5 Resource n. Total capacity requirement .
Resource 2. Sample Independent Evaluator Agreement Template Resource 3. Measurement Guidance Resource 4. Logic Model Resources and Template Resource 5. Local Evaluation Planning Guide: Diving Deeper Resource 6. Process Evaluation Plan Template Resource 7. Outcome Evaluation Plan Template Resource 8. Washington 21st CCLC Improvement Plan Template
guidelines, which presented a clinical ventilator allocation protocol for adults and included a brief section on the legal issues associated with implementing the guidelines. This update of the Guidelines consists of four chapters: (1) the adult guidelines, (2) the pediatric guidelines, (3) the neonatal guidelines, and (4) legal considerations.
Resource 2.4 “The Prologue to the Canterbury Tales” (Middle English Version) 22 Resource 2.5 Do-Say Chart 23 Resource 2.6 The Prologue – Text-dependent Questions 24 Resource 2.7 Wreck the Text Activity 25-26 Lesson 3: The Pilgrims Resource 3.1A Partner Pilgrim Analysis: Knight 27-28 Resource 3.2 Partner Pilgrim Analysis 29-30
Ans Human resource planning can be defined as the process of identifying the number of people required by an organization in terms of quantity and quality. All human resource management activities start with human resource planning. So we can say that human resource planning is the principle/primary activity of human resource management.
Resource Management Efficient and effective deployment and allocation of an organization’s resources when and where they are needed. Roles Resource Requestor (Demand Manager/Project Manager) –Requests Groups/Resources by creating resource plans. Resource Manager –Analyzes the impact of Resource
