pribbernow hearing

[danger and damage]

But here's the other half of the 'damned if you do, and damned if you don't' dilemma you have with CPS. On the one hand, since you're in an adversarial relationship with CPS, the best legal advice would be for you to assert your rights. On the other hand, CPS wields the ultimate awesome power of being able to take your child with the vaguest of accusations, the most minimal of evidence, and only the very weakest system of due process in place to protect you. And that right there is the catch. The double bind you are in. The terrible injustice and the near tyranny of CPS power.

The legal and evidentiary constraints on CPS powers are so minimal, that if you do assert your rights to CPS, the CPS worker can easily retaliate against you using the system's virtually unchecked power against you. The worker can easily make vague and prejudiced accusations against you such as 'instability','alienating your child from the other parent','failure to protect','should have known about the abuse', or 'engaging in domestic violence' even though you're the victim of the violence.(None of which accusations are crimes.) And then the worker can support that accusation against you in the juvenile court with the smallest tidbit of evidence, even the most bogus of evidence, or with evidence that wouldn't even be admissible in a criminal court. And with that the CPS system can take your child.

(Remember, the CPS/juvenile court system operates on the 'preponderance of the evidence' standard, 51% of the evidence, the lowest judicial standard of evidence. This means that all CPS has to do is present to the court 1% more evidence on their side than you present on your side, and CPS wins. So once CPS makes an accusation against you, it is extremely difficult for you to defend

[danger and damage]

So here are a couple tips for asserting your rights with CPS

All the above adds up to the fact that you have to make some very careful and difficult decisions about if, when, and how you want to assert your rights with CPS. The goal is for you to get the most benefit and protection from asserting your rights while at the same time remaining cooperative enough to keep from triggering CPS into making new accusations against you. Our general advice is that if or when you do assert your rights, be sure to do so in a tone that is cooperative, professional, and polite.

Here are some suggestions for different degrees of asserting your rights:

a. In a situation where a CPS worker intrudes on you and you want to temporarily back them down and keep the situation more under your own control.

For example, if a CPS worker knocks on your door and wants to come into your home, instead of saying, "Show me a search warrant or take a hike!", try this. Give the worker a friendly greeting, and say, "I'm sorry but this time won't work for me. I'm already late getting to an appointment. Please call me tomorrow morning and I'll make an appointment with you."

Or if a CPS worker calls you on the phone, tell the worker you can't talk right now. Tell the worker you'd like to make an appointment later. Or if you're asked a question you don't want to answer, don't say, "That's none of your damn business," no matter how offensive the question. Tell the worker you don't feel the question is relevant, or that you'd like to answer the question at another time. Or, better yet, tell the worker you'd like to answer the question in writing. This gives you time to think through your answer. It guarantees your words won't get misrepresented. And at the same time, it shows your willingness to cooperate.

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Keeping meeting times under your control at least gives you psychological advantages as well as the benefit of being able to prepare for your interactions with CPS. It also sends a clear message to the CPS worker that you won't be easily trampled upon. But remember that one rule to live by to make this work best for you is to always keep your manner of communication cooperative, professional, and polite.

Another rule to live by is this. Try not to get upset if the worker gets intimidating or threatening.

For example, if a worker says to you, "Either you let me into your home now, or next time I come back it will be to take your child," don't take the bait! Don't panic. Don't say, "Over my dead body!" Instead, take a breath. Be confident in standing your ground. And just repeat your position, "I'm sorry, I'm late for an appointment. Call me tomorrow and I'll be happy to make an appointment! Remember, CPS workers are fully aware of your rights, so don't let them goad you into relinquishing those rights, or into responding in a way that can later be used against you.

NOTE 1: Yes, there's no doubt about it. It's very difficult to keep your balance emotionally when you're dealing with CPS because just the thought of losing your child strikes at the core of your being. And the thought of losing your child to an unjust abuse of power, ignites every cell in your body into panic and rage. Holding back your instincts in these moments is a near unbearable act of restraint. So you need to remind yourself again and again and again. The best way to save your child is to maintain your cool in all interactions with the CPS system.

NOTE 2: Always write up notes for yourself on these interactions with CPS right after they occur.

b. Set conditions on your dealings with CPS.

Another way of asserting your rights and shifting the balance of power a little more in your favor is by setting conditions on your dealings with CPS. One condition that we highly recommend is that you only meet with CPS if you are permitted to tape record the meetings. Another condition that we highly recommend is that you always have a support person accompany you in all your interactions with the CPS system.

Before you set such conditions, think it through ahead of time. Think it through a couple of moves so that you don't get caught off guard. And so that you can keep things moving in the direction that most suits your needs. What do you want to do if the CPS worker says,'no, you can't tape record the meeting'? Do you want to give in at that point and go ahead with the meeting? Do you want to go to the worker's supervisor? Do you want to ask that the meeting be postponed until the issue gets resolved? Or do you want to simply walk away and refuse to meet? The only right answer to these questions is the answer you come to after thinking it over ahead of time.

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If you want to protest a refusal of any of your conditions, do so in writing. Write a short note to the worker's supervisor or other ranking official. Explain that you want to cooperate, but that you also want the worker to respect your rights. Keep it short. Keep a copy. And remember: cooperative, professional, polite!

NOTE: In California, you have a right to tape record in person meetings either openly or clandestinely, but you do not have a right to secretly tape record telephone conversations. Be sure and check the laws in your state.

c. In situations where you want to fully assert your fundamental rights, always try to do so in writing.

If you want to fully assert your fundamental right to remain silent, or to absolutely refuse unwarranted entry into your home, or to assert any other of the many rights you have, do so as much as possible in writing. Date, write, and sign a very short statement. Make copies for yourself to keep in a safe place. Then deliver, mail, or fax your statement to both the CPS worker and to the head of CPS.

There are a number of form letters on the Internet for asserting your rights with CPS. You can use those letters. Or your notification can be as simple as the following:

Dated

To CPS worker Nancy Wilson,

I am very concerned about my own and my child's welfare. With that concern I am choosing to assert my right to remain silent in this process. I will not have any further conversations with you regarding this case.

Signed
Tricia Martinez,
Mother of Gabriela Martinez

[speaking truth t power]

Monday, November 9, 2009
Speaking TRUTH to POWER
The phrase "speaking truth to power" goes back (at least) to 1955, when the American Friends Service Committee published Speak Truth to Power, a pamphlet proposing a new approach to the Cold War.

The phrase has become popularized; Anita Hill entitled her memoir of her sensational charges of sexual harassment against Supreme Court nominee Clarence Thomas, Speaking Truth to Power.

Yet Quakers date it back to the eighteenth century. Their intent is clarified specifically as:
We speak to power in three senses:

To those who hold high places in our national life and bear the terrible responsibility of making decisions for war or peace.

To the American people who are the final reservoir of power in this country and whose values and expectations set the limits for those who exercise authority.

To the idea of Power itself, and its impact on Twentieth Century life.

While our issues are not of war and peace in the traditional sense, we are certainly fighting a war on the sanctity of the family whose separation in some instances has meant a difference between life and death.

We unquestionable need to speak truth to the powers that allow, promote and encourage - with government tax incentives and the like - unregulated control of baby brokers to permanetly sever families for no other reason than their profit andgreed.

[speaking truth t power]

We need to speak to our truth to those who use religion as weapon against single mothers and their fear of abortion to believe and propagate lies about secrecy in adoption.

We need to speak truth to all who beleive that adoption is a warm fuzzy win-win.

And, we need to speak truth to wmpower ourselves.

There is no time like National Adopotion AWARENESS Month to speak our truth and make all AWARE of that truth!

A recent comment by Joan on The Adoption Feminists: Grieve Your Adoption Month speaks to this:

Adoptees: let your adoptive family know how you feel about being adopted. I mean that. Adoptees are used to be cowering in the corner or not wanting to hurt anyone's feelings, but be real to yourself. This past March, while I sobbed in therapy, my counselor asked, "Does your mother know how you feel?"

Yes, she does. It's been well-over 30 years since the beginning of my reunion and my mother has not acknowledged my pain. Only hers, and how I hurt her by participating in a reunion, or that I knew my siblings during my childhood and lied to my adoptive parents about it. Really? How could my adoptivemother twist the evil deeds around to make me out to be the one who lied? She and my adoptive father lied about my siblings,about my father, about my entire natural family being right within a five mile radius of our home. I was deliberately prevented from knowing my own siblings by my so-called "loving" adoptive parents.

So, adoptees, come right out and tell your adoptive parents and autns, uncles and cousins how you feel about being adotped and lied to. Lete them know how you feel. Don't save it for the therapy sessions. Get right in the abusers faces and tell them what they did to you and the emotional trauma left in your soul because of adoption. Put the blame of pain right where it belongs

[speaking truth t power]

Here's another idea: Write to legislators and to the President to telll them that our birth certificates are legal lies. Falsified birth certificates should be made illegal because this is identity theft.

This applies equally for mothers who lost children to adoption. Many of us have major issues with our parents, especially our mothers, who were forceful, instrumental, complicit - or stood by in silence - in our time of loss. While we do not have the a fear of rejection rooted in feeling like we had been rejected once at birth that adoptees harbor...we do have a deep-seeded internalized feeling of having hurt our parents, and causing them shame. These keep us mute.

Our parents, like the adoptive parents described in this comment, often also turn things around and feel that they are the victim, not us! Accepting that puts us in the position of victim and the villain; the sinner who deserves the lifelong pain cast upon us by our loss. My parents went to their graves beleiving themselves to be the victims of my loss. It was all about them and, I was told specifically that, my search for my daughter was my choosing to cause them additional hurt!

Confrontation is not about hurting those who have hurt us. But still, it is not right for everyone or in every circumstance. If it is what you need to do to free yourself of the chains that bind you, by all means consider it. You have the key to set yourself free.

[speaking truth t power]

If you cannot confront them because they are too frail, or deceased, or you just don't see the point...it's OK. You can do "empty chair" type therapy and you can take back your power by recognizing your Truth even if it is not spoken to "them" - and speak it to all others!

Cast off any and all remnants of your cloak of "sin" and "shame" and "guilt" and stand tall and proud and know that you did the best you could given the information and options you had at your disposal - which were few to none. Give the sin and shame and guilt right back to whomever cast it on you: social workers, clergy, your Mom...either literally or figuratively.

And then, having shared your honest pain, feel sorrow and forgiveness for those who chose to hold onto their false beliefs and cannot accept what is true for you....pity them, they know not what they do. Pity their deluded thinking, their ignorance and their inability for compassion for fear it will weaken them. Show them - and yourself - the compassion they are unable to.
Posted by AdoptAuthor at 9:58 AM 0 comments Links to this post
Labels: adoption loss, truth to power

[michigan child abuse]

Michigan Child Abuse Defense Attorneys
Children’s Protective Services Defense
Being accused of abusing or molesting a child will change your life forever. The only thing you can do to offer yourself the best chance at avoiding the many harsh and permanent consequences of a child abuse conviction is to work with a defense lawyer who can aggressively assert your rights in criminal court.

No matter the specific child abuse charges that you may face, the Michigan criminal defense attorneys at Kronzek & Cronkright may be able to help you. We have nearly 70 years of combined legal experience and a track record of proven success that shows how effective our representation can be. Our attorneys are not afraid to protect our clients’ rights even in the face of the most heinous and shocking accusations.

[michigan child abuse]

Michigan Children’s Protective Services
In Michigan, the Department of Human Services (DHS) has a special program dedicated to investigating allegations involving child abuse and neglect. This is Children’s Protective Services, or CPS, and Michigan Child Protection Law provides the framework for what CPS must do to achieve this task. Children’s Protective Services is committed to safeguarding children and protecting them from abuse and neglect.

If you have been accused of child abuse or child neglect, Michigan Children’s Protective Services is likely to become involved. You may face criminal charges and may lose custody of your child or children.

[michigan child abuse]

Child Abuse and Neglect Defense Lawyers in Michigan
Don’t take any chances in the face of child abuse or child neglect charges. Michigan law is harsh in dealing with alleged child abusers, and you do not want to live with this label and the penalties associated with this offense for the rest of your life. A Michigan child abuse defense lawyer at our firm can help you. We make ourselves available 24/7 to answer your questions and address your immediate concerns regarding your case.

A defense attorney at our firm may be able to offer you defense against charges and Children’s Protective Services in the face of many types of child abuse and child neglect allegations, including:

•Munchausen Syndrome by Proxy
•Brittle Bone Disease
•Shaken Baby Syndrome
•Sexual Allegations
Contact a Michigan child abuse defense attorney at Kronzek & Cronkright to begin protecting your future immediately.

[michigan child abuse]

Under Michigan Law there are several different degrees of Child abuse and neglect all carrying substantial criminal penalties. You can be charged with Child abuse and neglect for intentional, knowing, willful, negligent and reckless acts.

First Degree Child Abuse is the most serious offense in the spectrum of Child Abuse and Neglect. In order to prove this charge the prosecutor must show that the parent/guardian of a child (under the age of 18) who had care or custody of a child or authority over the child while the abuse occurred either knowingly or intentionally caused serious physical harm or serious mental harm to the child.

! Serious physical harm requires a physical injury to the child that seriously impairs the child=s health or physical well-being. This includes but is not limited to, brain damage, skull or bone fracture, subdural hemorrhage or hematoma, dislocation, sprain, internal injury, poisoning, burn or scald, or severe cut.

! Serious mental harm requires injury to a child=s mental condition that results in visible signs of impairment to the child=s judgement, behavior, ability to recognize reality, or ability to cope with the ordinary demands of life.
Not only must the prosecutor prove that you knowingly or intentionally injured the child but that you also intended or knew that the result of your actions would cause serious harm to the child.

Often times when a child has an unexplained serious injury the parent will be charged with abuse. As skilled defense attorneys, we realize that there are many ways for a child to receive an unexplained injury, including certain medical conditions, injury at the hands of another caregiver or sibling, or an accident where the parent was not present. Despite the fact that there are many possible explanations for an unexplained injury, the prosecutor will focus on the parent as the wrongdoer because they are the easiest target. It is important to quickly obtain competent representation to assist in defending claims of abuse or neglect.

Second Degree Child Abuse includes:

! willfully failing to provide food, clothing or shelter necessary for the welfare of the child and that it resulted in serious harm

[michigan child abuse]

committing a reckless act that resulted in serious physical harm to the child;

! knowingly or intentionally committing an ack likely to cause serious physical or mental harm to the child (even if the child was not actually harmed); or

! knowingly or intentionally doing a cruel act to the child.(Acruel@ means brutal, inhuman, sadistic, or that which torments, even if the child is unharmed by the act.)

Third Degree Child Abuse requires only a knowing or intentional act against a child that caused physical harm. Unlike First Degree Child Abuse, there is not requisite showing of serious harm to the child, the prosecutor must simply show that the child has been harmed in some way.

Finally, Fourth Degree Child Abuse, while still a very serious charge is the least severe of the child abuse crimes. Fourth Degree Child Abuse requires either of the following:

! showing that the parent/guardian willfully failed to provide food, clothing, or shelter necessary to the child and that the child suffered physical harm as a result; or

! showing that the parent/guardian committed a reckless act that resulted in physical harm to the child.

Again, unlike First Degree and some of the Second Degree crimes, serious harm is not required in order to show Fourth Degree Child Abuse. Often times if the alleged act is a sexual crime against a child, you will be charged under one of the offenses of Criminal Sexual Conduct rather than Child Abuse/Neglect laws. For more information see www.sexcrimeattorneys.com


PARENTAL DISCIPLINE

Contrary to popular belief, corporal punishment or punishment by force is not illegal. However, this does not mean that a parent is entitled to use any amount of force. The law permits a parent to use only that force which is reasonable. If you have been charged with abuse for using excessive force on your child the prosecutor must prove beyond a reasonable doubt that the force used was not reasonable as discipline. Effective counsel is imperative for people charged with using excessive force to discipline their child.



PARENTAL

[michigan child abuse]

PARENTAL KIDNAPPING

A parent may not take or keep a child for more than 24 hours with the intent of keeping or concealing the child from the another parent or legal guardian or other persons who had legal custody or visitation rights at the time.(Parental kiddnapping does not apply if the person taking the child has had his or her parental rights terminated). It is not considered Parental Kidnapping if you can prove that the purpose of taking the child was to protect the child from an immediate and actual threat of physical or mental harm, abuse, or neglect.



CHILD PROTECTIVE SERVICES

In addition to criminal penalties for the crimes enumerated above, a parent who has been arrested for child abuse or neglect or child sex crimes risks termination of his or her parental rights. Even the casual comment made by a your child, a neighbor=s child, a complaint by a student, a patient-doctor relationship gone bad or a difficult divorce can all result in potential CPS investigation and possible termination of your parental rights. It is you and your attorney alone who can turn the tide in your direction.

It is possible that you could be acquitted of all criminal charges against your child and still be investigated by CPS. The reason for this is that the standard of proof in a CPS case is different from a criminal case, and the state is in a very powerful position to take your children away.

In any CPS case you can expect that there will be multiple people working against you, including the prosecutor, the guardian ad litem, the CPS investigator, social workers and sometimes court appointed psychologists/psychiatrists and medical doctors. The system is completely unbalanced in favor of the state which is why charges and or complaints of sexual crimes or other crimes of abuse and neglect against a child must be taken seriously and defended aggressively. Your attorney must not be afraid to challenge the CPS investigation or charges at every stage of the process.
In Michigan, CPS uses very coercive and bullying tactics. They will often threaten to take your children away immediately if you fail to cooperate with their investigation. While they may promise you that they will try to keep your family together, they will be persistent in gathering information that can be used to tear your family apart. Any officer, county agent, or probation officer may, without court order, may immediately take a child into custody if the child=s Asurroundings are such as to endanger his or her health, morals, or welfare ...@ MCL 712A.14(1). Moreover, you must be aware that allegations of abuse against one child may be used as evidence to remove or terminate your parental rights of another child, even an unborn fetus.

Even if CPS fails to terminate your parental rights, they may be able to keep your family within the jurisdiction of the court for a substantial amount of time only allowing you to see your children for short periods of time and under constant supervision. Before you consider a guilty plea or consent to the jurisdiction of the court based on a promise that the state will not pursue termination of your parental rights be sure you fully understand all of the consequences of your plea.

The vast majority of lawyers who handle these cases are court-appointed attorneys who are terrified of CPS and do not adequately protect the rights of their clients. At Kronzek & Cronkright, we=re not afraid of CPS. Our attorneys have a track record of success in CPS cases, and we are prepared to stand firm and protect your rights. Call or e-mail us today.

[michigan child abuse]

Michigan Juvenile Crimes Attorneys
Juvenile criminal charges are those brought against a minor who is less than 17 years old. If your child is facing juvenile charges for any crime--referred to under Michigan law as a "delinquency action"--you need an persistent, knowledgeable team of expert, juvenile attorneys on your side. Juvenile criminal charges are in many ways just as serious as charges against an adult. In addition, while defendants in juvenile court enjoy some advantages over adult defendants in criminal court, they also are exposed to potential hazards that adults do not have to consider.
The criminal penalties juveniles face can be significant and long-lasting. This is so even though minors are not officially considered under Michigan law to be "criminals" (since their actions are technically "acts of delinquency".) Juvenile acts of delinquency range from "status crimes" which are activities made illegal by the mere fact of the child's age -- curfew violations, possession of tobacco and/or alcohol, etc.-- to "criminal conduct" which encompasses activities that would be illegal regardless of the defendants' age -- assault, theft, vandalism, drug crimes, sex assaults, theft, etc. While all juvenile criminal charges should be taken seriously, it is especially important to consult with an attorney if your child is facing charges of criminal conduct. If your child is accused of serious criminal conduct (usually major felonies), he or she can be charged and sentenced as an adult. Under Michigan law, the Prosecuting Attorney can choose to “waive” a juvenile up into adult court for certain specified felony cases.
If Your Child is Facing Criminal Charges
Parents need to be proactive if their son or daughter is in danger of facing juvenile criminal charges. Many parents take a "wait and see" attitude toward the possibility that their child will be subject to the juvenile criminal justice system. Sometimes this passive approach is based on the fact they think their child is innocent, that the juvenile criminal justice system will be lenient toward a minor defendant, or that even a conviction of a minor is "no big deal."
But these attitudes are often inaccurate: the juvenile criminal justice system prosecutes just as zealously as the adult system, and juvenile convictions can result in very harmful, long lasting consequences to your child’s educational and professional futures When parents wait until their child is arrested (or even later) before consulting with a juvenile criminal defense attorney, they make their child's situation more complicated and difficult than it needs to be. Therefore, at the first sign that your child is being investigated or suspected of criminal behavior, immediately contact legal counsel.
Our Defense of Juvenile Charges
The most important step your juvenile criminal defense attorney can make is keeping your child's case in juvenile court. Juveniles accused of a crime typically must appear at preliminary inquiry in juvenile court. If the crime is serious enough, juvenile defendants over 14 years old may be subject to "waiver" into adult court. Having your child's case tried in adult court is not to your advantage. Cases in juvenile court cases generally remain confidential, while adult court cases may be made public, become and part of your child's permanent record, and/or result in more severe punishment for the convicted defendant.
In addition, juvenile court often uses more flexible sentencing. Juveniles are never “convicted” of a crime in juvenile court. Instead, they are “adjudicated.” Obviously, you want your child to

[michigan child abuse]

The most important step your juvenile criminal defense attorney can make is keeping your child's case in juvenile court. Juveniles accused of a crime typically must appear at preliminary inquiry in juvenile court. If the crime is serious enough, juvenile defendants over 14 years old may be subject to "waiver" into adult court. Having your child's case tried in adult court is not to your advantage. Cases in juvenile court cases generally remain confidential, while adult court cases may be made public, become and part of your child's permanent record, and/or result in more severe punishment for the convicted defendant.

In addition, juvenile court often uses more flexible sentencing. Juveniles are never “convicted” of a crime in juvenile court. Instead, they are “adjudicated.” Obviously, you want your child to avoid incarceration, and if your child goes to adult court, jail is a more likely alternative. Penalties in juvenile court are more likely to include probation, fines, counseling, and community services although they sometimes include “confinement.” Under Michigan law, the most severe penalty issued by the juvenile court is usually "juvenile detention" until the age of 19 or 21, depending on the crime. Our experienced team of skilled juvenile criminal defense attorneys will work hard to protect the rights of your child and to ensure that their case remains in juvenile court

[new info]

New Report Recommends Widespread Reforms to Bring New York City Foster Kids Home Faster to Permanent Families

Posted: 10 Nov 2009 05:23 AM PST

NEW YORK CITY – An in-depth new study of the New York City child welfare system, conducted by the national advocacy group Children’s Rights in collaboration with the New York City Administration for Children’s Services (ACS) and the Legal Aid Society Juvenile Rights Practice (JRP), has brought together an unprecedented partnership in an effort to reduce the overly long time many children remain in foster care while waiting to be returned to their parents or adopted.

A report released today on the study’s findings, titled The Long Road Home: A Study of Children Stranded in New York City Foster Care (PDF), says the child welfare system (including ACS, the Family Court, nonprofit foster care agencies, and others involved in handling these cases) has lacked a sense of urgency in its efforts to bring children home to permanent families — and this, combined with inadequate resources and too little accountability has resulted in many children remaining in foster care for a very long time.

New York’s problems in this area are among the worst in the nation: the state (63 percent of whose foster care population is composed of children in New York City) ranks 40th of 47 measured by the federal government on timeliness of children’s return home from foster care. On timeliness of adoption, the state ranks 44th.

[new info]

Today, ACS announced a renewed citywide campaign to quicken the pace of permanency for all children in New York City foster care.

“A major effort is long overdue to solve the problems, from inadequacies in the child welfare workforce to severe delays in the Family Court, that have kept thousands of children growing up with government agencies as their parents,” said Marcia Robinson Lowry, executive director of Children’s Rights.“This report is a roadmap for overcoming the barriers and speeding kids’ progress toward permanent homes, and we call upon New York’s lawmakers, the Family Court, and child welfare officials to implement its recommendations without delay.”

John B. Mattingly, Commissioner of the NYC Administration for Children’s Services, said ACS has been making substantial reforms to the infrastructure of the child welfare system for the past five years to address both children’s safety and permanency.“We have increasingly been holding ourselves and our contract agency partners responsible for helping youth find permanency through a safe return home to their families, a kinship placement, or adoption,” Mattingly said.”We intend to work with all of our partners in child welfare to turn the structural improvements we have now made into the results we all want for children and families

[new info]

Mattingly said ACS and its provider agencies will begin a new campaign called One Year to Family to speed progress for both children entering New York City foster care and those now awaiting placement in permanent homes. Among the campaign’s objectives:

Ensure that as many children as possible who enter care will achieve permanency within one year through either safe return home or placement with a family willing to make a permanent commitment to them should they be available for adoption.
Establish specific plans by July 1, 2010, for children currently in foster care to achieve permanency within one year, to be developed through family team conferences and recommendations to the Family Court.
Ensure that no child age 18-21 leaves foster care without opportunities for stable housing, employment, medical coverage, a connection to a caring adult, and a support plan.
Strengthen the foster care provider agency workforce. Together with the state and federal governments, ACS will work to enhance federal funding for training of agency staff, develop minimum requirements for training systemwide, develop new recruitment and retention programs, and begin joint planning to develop a new funding design to better support all foster care providers

[new info]

Children’s Rights will track the efforts of ACS, the foster care agencies, and the Family Court toward increasing the pace of all children’s progress toward placement in permanent families.

The Long Road Home examines the case records of 153 children out of more than 4,000 in New York City who had, at the time of the study, remained in foster care for at least two years since they were slated for reunification with their parents or adoption. Their lengths of stay in foster care ranged from two years to nearly 17, and the average stay was 5.4 years. Nearly one-third of the children designated for reunification had been in foster care four or more years — and 10 percent had remained in care six years or more.

In addition to the case record review, researchers conducted interviews and focus groups with parents, foster parents, caseworkers, attorneys (for children, parents, and ACS), and Family Court judges and referees.

The Long Road Home pinpoints problems throughout the New York City child welfare system that contribute to delays in children’s progress toward permanent homes. High rates of caseworker turnover at contracted foster care agencies were prevalent throughout the cases studied. More than half the children in the study (51 percent) had three or more different caseworkers over a period of just two years. Three quarters of the agency workers interviewed for the study carried caseloads larger than the 11 to 12 children per worker recommended in a study commissioned by the state Office of Children and Family Services, and 43 percent said they were assigned caseloads before they received training.

Furthermore, the quality of the casework in many children’s cases was poor, as foster care agencies failed to engage families adequately or provide the intensity of contact and quality of services needed to return children home or get them adopted on a reasonable timetable. The agencies’ documentation of children’s and families’ progress was often incomplete or submitted late, contributing to delays in family court proceedings, and parents and foster parents who participated in the study said they did not receive the level of communication, respect, or support they needed from the agencies.

Equally troubling, most of the cases studied involved major delays in the Family Court. The average length of time between children’s removal from their homes and the court’s initial finding of whether abuse or neglect had taken place was 11 months. The average length of time from removal to disposition — the court’s decision whether to keep children in foster care or send them home — was 14 months, and took more than a year in 44 percent of the children’s cases. More than half the children in the study experienced delays in Permanency Hearings, required by state law every six months for all children in foster care, and court processes to legally free children for adoption were also slow. The average time to complete proceedings to terminate parental rights was almost two and a half years from the time termination petitions were filed.

“In my experience across the country, the standard for family courts in child welfare cases has been that both fact-finding and disposition should be completed within 90 days,” said Mattingly