Summer 2003 Articles Section

Editor's Note: The Summer 2003 Articles Section of POY is dedicated to the hundreds of thousands of youth in foster care, the countless adults that have "graduated" from the foster care system, and the thousands of interdisciplinary professionals that make a difference in the lives of youth in foster care every day.
Perspectives On Permanency Planning
Child and Family Service Review Final Reports: An Assessment of States' Success in Involving Children and Families in Case Planning
Prepared by Pamela Diaz and Madelyn Freundlich

Perspectives On Foster Care Legislation
An Overview of Recent Legislation Affecting Foster Care In New York State
By Joi Kohlhagen

Perspectives on Innovative Foster Care Programs
Voices of Youth: A Model of Success
By Jennifer Nelson, Jill Nilson and Kim Wilks

Perspectives on Foster Parenting
Fostering
By Father Dallas and Cynthia Decker

Perspectives on Foster Care Data
Recent United States Government Reports

Perspectives on Recently Published Books on Foster Care
Book Reviews by Youth Today Magazine

Perspectives on The Youth Experience in
The Foster Care System

Articles by Youth in Foster Care


  If you prefer to read this article separately from the other articles listed in this section, please
 

Perspectives on Permanency Planning
Child and Family Service Review Final Reports:
An Assessment of States' Success in Involving Children
and Families in Case Planning*

Prepared by Pamela Diaz** and Madelyn Freundlich***

One aspect of the federal Child and Family Service Reviews is an assessment of states' success in involving children and families in case planning. In the category of Permanency, the Child and Family Service Reviews include Item #18 which assesses "whether parents and children (if age appropriate) had been involved in the case planning process, and if not, whether their involvement was contrary to the child's best interest. A determination of involvement in case planning required that a parent had actively participated in identifying the services and goals included in the case plan."

The Child and Family Reviews define a case plan as a written document between the family and the state agency that outlines a plan of services and is clearly and easily understood by the involved parties. The service plan specifies the expectations negotiated with the family regarding participation in services and completion of tasks that support the family member's ability to effect these changes. The plan should be developed with the involvement of family, age appropriate children, the foster parents, service providers, social workers and other involved parties.

This report reviews the results of the Child and Family Service Reviews with the twenty-two states for which final reports had been issued as of February 2003. In Part I, the findings for each state are detailed. Part II provides a synthesis of the findings.

Part I: State Specific Findings

Alabama
Reviewed 50/50 cases.
State assessment: Needs Improvement. 36% of cases did not include parents or children in case planning efforts.

Strengths

An Individualized Service Plan is used where workers bring together all relevant parties in a case at least every 6 months to assess case progress and current family strengths and service needs. This meeting includes biological parents, foster parents, children, attorneys, guardians ad litem, private providers, teachers and other professionals.
In some cases children in foster care are knowledgeable about the contents of their services plan.
Agency policy and training of staff emphasize identification of fathers and other relatives in the case plan development process.

Areas Needing Improvement

Children of appropriate age are not always involved in their case plan.
Meetings can be difficult to schedule because of the large number of people included in case plan meetings.
A sufficient effort is not being made to locate family members, especially non-custodial parents and paternal relatives.

Arkansas
The number of cases reviewed is not available in the report.
State assessment: Needs Improvement.

Strengths

There was evidence in the case records that notices of case plan meetings were sent to parents.
There were some cases where teens, parents, and family members were involved in case planning.
Case plans were revised and amended when new issues or goals surfaced.

Areas Needing Improvement

In some cases families and children were not involved in case planning.
No effort was being made to involve fathers in the case planning process.
Some cases were developed without input from the child and the family, did not include signatures and one family did not have a case plan developed.
Some case plans were mailed to the family without review or discussion.

Arizona
Reviewed 46/50 cases.
State assessment: Needs Improvement. 33% of cases did not include parents and children in case planning efforts.

Strengths

Arizona has implemented a program, the Family Group Decision Making Program, which facilitates the communication between parents and the agency. This program has been successful in increasing parental control in case planning in the areas of safety, placement, and services planning.
Successful cases had parent and/or caregiver participation in case planning, made efforts to encourage parental participation and made parents aware of services in the case plan.
Used focus groups and surveys to understand issues and concerns of parents. Parents expressed that they have been able to participate in case planning during meetings, court hearings, and case manager contacts.

Areas Needing Improvement

There was lack of active parental involvement in the creation of the case plan. Age appropriate children were not involved in case planning development, and goal changes were not made to the case plan during appropriate time frames.
Worker turnover did not allow for a comprehensive service plan to be developed.

Connecticut
Reviewed 50/50 cases.
State assessment: Needs Improvement. 38% of the cases did not include parents or children in case planning efforts.

Strengths

Agency workers engage families using teleconferencing. Use of teleconferencing for foster parents and providers makes the process more inclusive.
One of the sites does focus on families in case plan development and is usually effective in achieving this goal.

Areas Needing Improvement

Not consistently encouraging and supporting the active participation of parents in the development of case plans according to policy requirements.
Scheduled meetings during work hours made it difficult for working families to be present in meetings.
Too much focus on compliance within prescribed timeframes and not enough on meaningful parent and provider participation in the review and redevelopment process of the plan.
Workers developed case plans and only then presented them to families.
Active participation of the family generally depended on how assertive the family was.
If the family is resistant to participate, the agency does not make greater efforts to engage them.

Delaware
The number of cases reviewed is not available in the report.
State assessment: Strength.

Strengths

Parents and foster parents were aware of case issues and were involved in case planning.
Workers engaged parents in the case planning by printing copies of the case plan form, working on it with parents and then entering the information into the Family and Child Tracking System.

Areas Needing Improvement

Need for additional training for workers in order to ensure more involvement of families and children in case planning.
At one site during the review process a quarter of the cases did not have case plans available.


District of Columbia
Reviewed 50/50 cases.
State assessment: Needs Improvement. 55% of cases did not include parents or children in case planning efforts.

Strengths

The agency instituted a Supervisory Review System that monitors compliance with policy.
Older youth in Independent Living were found to be involved in their case plan.
When the Family Group Decision Making process was used the review found that it was a significant avenue to involve families in case planning.

Areas Needing Improvement

Staff more focused on completing a document rather than engaging all the parties involved.
Agency lacks management/coordination between family, service providers, foster parents, children, caseworkers, judges, and attorneys.
Parents had signed case plans but were not involved in the actual development of the plan.
Most updated cases were not filed in a timely basis.
Some case plans were found to be incomplete and not signed.
Services that were requested by parents and children were at times not included in the case plan.

Florida
Reviewed 50/50 cases.
State assessment: Needs Improvement. 47% of cases did not include parents and children in case planning efforts.

Strengths

Workers made efforts to schedule parents for case plan visits.
Agency workers involved families and children in the service plan.

Areas Needing Improvement

Older children were not included in the development of the case plan.
In some of the case planning conferences fathers were absent and workers did not do enough to engage them in the process.
Comprehensive assessment for the family was not completed on a consistent basis.
Parents signed case plans without engaging in the development process.
Worker turnover rates and high caseload contributed to low attendance at case plan conferences.

Georgia

The number of cases reviewed is not available in the report.
State assessment: Needs Improvement.

Strengths

There were some examples where workers explained to the parents and the child what was needed from them in order to develop the case plan. Parents also understood the contents of the case plan.
In two sites, families were involved in the case planning process. Case plans from these sites were found to be individualized and to address the issues associated with the case and were comprehensive with the inclusion of services requested by parents.

Areas Needing Improvement

There were some cases where case planning was completed without the families' input.
Need to focus on continued family involvement in case planning.
In general there was a lack of active involvement by children and families, in some cases older children were not involved at all in case planning.
Case managers developed case plans and then presented them to parents.
Fathers were not included in the case planning process.
The agency did not make a sufficient effort to reach out to family members.
The use of family group conferencing was not clearly reflected in the cases reviewed.
There was no evidence of the agency setting goals on how to improve the strengths, needs and services to be provided to children involved in the system.

Indiana
Reviewed 50/50 cases.
State assessment: Needs Improvement. 40% of cases did not include parents and children in case planning efforts.

Strengths

Use family group conferencing as a mechanism to engage children and parents in case planning.

Areas Needing Improvement

The case plan is not user friendly. It is lengthy and complex which has made it difficult for most family members to understand.
Parents and children did not participate in the development of the case plan.
High turnover rate results in a lack of experienced employees engaging families in the case planning process.
Foster parents felt that they could not reveal unpleasant information during family case conferences in an open and honest way.

Kansas
The number of cases reviewed is not available in the report.
State assessment: Strength.

Strengths

Majority of families participated in the case planning process.
Workers made an effort to conduct case planning meetings in the home of the parent if necessary.
In some instances workers rescheduled meetings when the parents could not make it.
Most families receive timely notice of case planning meetings.
Tribal representatives are notified of case planning conferences and have participated in conferences.

Areas Needing Improvement

Staff members need training on how to engage parents in the case planning development since parents are not always active participants in the planning process.

Massachusetts
Reviewed 47/50 cases.
State assessment: Needs Improvement. 34% of cases did not include parents and children in case planning efforts.

Strengths

Agency workers engaged families in case planning.
Areas Needing Improvement
Case plans were completed without child and parental input and presented to a parent for signature.
There is a lack of paternal participation in case planning development.
In some case-specific interviews parents felt that there was a lack of respect for them in the case planning process.

Minnesota
Reviewed 49/50 cases.
State assessment: Needs Improvement. 31% of cases did not include parents and children in case planning efforts.

Strengths

Evidence of involvement by families and children in case planning.
Older children and their birth parents were more likely to be involved in case planning when it was either an ICW case with ITO advocating for the family or a case where family group conferencing was used.

Areas Needing Improvement

Although parents signed the case plans, there were many instances in which the parents were not involved in their development. Since a Minnesota Supreme Court ruling requires a case plan to be submitted at the hold hearing that is held within 72 hours of the child's removal from the home, there is little opportunity for child and parental involvement in the initial case planning process.
There were inconsistencies in case planning from case to case and from county to counties.

New Mexico
Reviewed 50/50 cases.
State assessment: Needs Improvement. 20% of cases did not include parents and children in case planning efforts.

Strengths

Majority of cases were found to have parent and child involvement during case planning.

Areas Needing Improvement

Parents and children were not actively involved in case planning.
Although they were present at meetings, parents, children, significant parties, and stakeholders were not actively involved and engaged in the planning process.
Age appropriate teens and teen parents were not participating in the case planning process.

New York
Reviewed 49/50 cases.
State assessment: Needs Improvement. 12% of cases did not include parents and children in case planning efforts.

Strengths

There were 43 (88%) of the 49 cases in which the area was rated as strength.
In cases in which children remained in their homes, parents were actively engaged in service planning, while in those cases in which children were in foster care the parents were not actively engaged in developing case plans. There is active engagement of parents in service planning on preventive cases more than on foster care cases.
In cases involving children age 10 or older, case records reflected that the children were involved in case planning activities.

Areas Needing Improvement

6 (12%) of 49 applicable cases were rated as needing improvement.
Workers did not effectively engage parents that were categorized as "challenging," specifically parents with cognitive disabilities.
There is some concern as to whether workers are making an effort to include parents in the decision making process and engaging the active participation of parents in case planning, specifically those issues affected by the termination of parental rights.
There is a lack of active involvement of some foster parents and prospective adoptive parents in case planning activities.

North Carolina
Reviewed 50/50 cases
State assessment: Needs Improvement. 30% of cases did not include parents and children in case planning efforts.

Strengths

Parents, foster parents and age appropriate children were active participants in case planning.
At one site a professional mediator is available if disagreements occur on case plans in court.
Some parents and children were involved in case planning and plans were adjusted accordingly.
A greater number of participants in the case planning process are more involved in its development and have a comprehensive understanding of the case plan from beginning to end.

Areas Needing Improvement

Some cases did not involve teenage children, there was a failure to involve parents and some did not have a completed plan.
A large number of caseloads at times prevented the inclusion of parents and children in case planning.
Parents and children were present at the development of the plan but were often not actively participating in identifying issues and had to assert themselves to have their input included.

North Dakota
Reviewed 47/49 cases.
State assessment: Needs Improvement. 19% of cases did not include parents and children in case planning efforts.

Strengths

Evidence from case records and interviews indicted that parents and age appropriate children participated in case planning in both foster care and in-home cases.
When some parents live out of state or are incarcerated, the agency will set up conference calls with those parents.

Areas Needing Improvement

Parents had been given case plans to sign without having been involved in their development.
No discussion of either the parents' or the child's service needs occurred until after the case plan had been developed.
Parent participation varies—parental presence does not guarantee their participation.

Oklahoma
Reviewed 48/50 cases.
State assessment: Needs Improvement. 40% of cases did not include parents and children in case planning efforts.

Strengths

Families are more involved in the initial development of strengths and needs assessment process, which then drives the development of the case plan.
Family group conferencing model is being piloted to enhance permanency planning efforts and is considered to be a highly effective tool for involving families in case planning as well as keeping everyone focused on permanency.

Areas Needing Improvement

There is a lack of consistency with regard to involving families in developing case plans.
Case plans are developed for families without their input and then presented to them for signature.
Reviewers expressed the opinion that the case planning process was confusing and not clear.

Oregon
Reviewed: 45/50 cases.
State assessment: Needs Improvement. 9% of cases did not include parents and children in case planning efforts.

Strengths

In 41 out of 45 cases reviewed, parents and children were appropriately involved in case planning.
Cases with active involvement in case planning were more likely to have had family decision meetings or family unity meetings. These meetings were recognized as a key element in successful planning with families.

Areas Needing Improvement

A few families reported that they were told what to do.
Parents reported that their needs or the needs of their children were not addressed in the case plan.

South Dakota
Reviewed 47/50 cases.
State assessment: Needs Improvement. 36% of cases did not include parents and children in case planning efforts.

Strengths

Workers are encouraged to discuss the case plan with the family to gather information for the plan.

Areas Needing Improvement

Stakeholders varied in their perceptions of parent involvement in case planning. Foster parents suggested that they often have input into case planning, but that their involvement depends on how assertive they are rather than on any systemic policy on the part of CPS (child protective services).
No formal process exists for involving families in the case plan and workers are not consistent in this regard.
Most workers develop case plans and then present them to families for review and signature.

Tennessee
Reviewed 46/50 cases.
State assessment: Needs Improvement. 35% of cases did not include parents or children in case planning efforts.

Strengths

The agency is making an effort to introduce family conferencing and a new permanency plan format.

Areas Needing Improvement

Case plans are not individualized and parents have little or no input in their development.
Parents and other relatives are not meaningfully involved in the planning process.
Stakeholders were divided on the level of involvement of age appropriate children in the planning process with some noting that children are not involved and others reporting that children are involved in the planning process.

Texas
Reviewed 48/50 cases.
State assessment: Needs Improvement. 21% of cases did not include parents and children in case planning efforts.

Strengths

High level of parental and child involvement in case planning, particularly with respect to parental participation in PPT sessions.

Areas Needing Improvement

Most often the excluded person from the case planning process was the father or the child.
There continue to be cases in which parents and or children are not actively involved in the planning process; it is more to hear what the State and other professionals have to say. The parents and children are not themselves instrumental in deciding the goals and objectives of the plan.

Vermont
Reviewed 45/50 cases.
State self-assessment: Needs Improvement. 15% of cases did not include parents and children in case planning efforts.

Strengths

Most children in custody are assigned a treatment team, which meets monthly. Parents often participate in these teams. Case planning is most often a function of these treatment team meetings.
Stakeholders and agency staff described the case planning process as inclusive with parents, children/youth, foster care providers, treatment providers and other important case participants.

Areas Needing Improvement

One stakeholder described the case planning process as a formality which families at times have limited participation.

Part II. Synthesis of Findings
The following synthesizes the results of this review in three parts. First is a listing of all the states and the findings regarding each state's compliance with the requirement of family and child involvement in case planning. Second is a synthesis of the strengths that were identified in states' practice in this area. Third is a synthesis of the areas in need of improvement with regard to states' practice.

Summary of Case Reviews Regarding Compliance with the Requirement for Family and Child Involvement in Case Planning:

State Percentage of Cases Which Did Not Include Parents or Children on Case Planning Efforts
Alabama 36% (Needs Improvement)
Arkansas % Not Available (Needs Improvement)
Arizona 33% (Needs Improvement)
Connecticut 38% (Needs Improvement)
Delaware % not available (Strength)
District of Columbia 55% (Needs Improvement)
Florida 47% (Needs Improvement)
Georgia % not available (Strength)
Indiana 40% (Needs Improvement)
Kansas % not available (Strength)
Massachusetts 34% (Needs Improvement)
Minnesota 31% (Needs Improvement)
New Mexico 20% (Needs Improvement)
New York 12% (Needs Improvement)
North Carolina 30% (Needs Improvement)
North Dakota 19% (Needs Improvement)
Oklahoma 40% (Needs Improvement)
Oregon 9% (Needs Improvement)
South Dakota 36% (Needs Improvement)
Tennessee 35% (Needs Improvement)
Texas 21% (Needs Improvement)
Vermont 15% (Needs Improvement)

Strengths

The review of the listed strengths for each of the 22 states for which there is a final Child and Family Service Review Report indicates certain overall trends in the area of family and child involvement in case planning:

In almost 60% of the 22 reviewed states, reviewers noted efforts to actively involve parents in case planning. In some cases, however, the reviewers noted that these efforts were limited or were confined to certain groups of families (such as families in which the children remained in the home).
Seven of the 22 states are currently using or attempting to develop family group decision making in an effort to more fully involve families and children in case planning.
In about one-third of the states, strengths were noted in efforts to involve older children in decision making. In one of these states, the reviewers found this effort was strongest where family group decision making also was being used.

The other identified strengths appeared to be more specific to individual states. The strengths that were noted included:

Use of individualized service plans in connection with meetings that involved parents, other family members, and other relevant parties (Alabama)
A policy focus on identifying and involving fathers (Alabama)
A policy focus on identifying and involving other family members (Alabama)
Use of focus groups and surveys to better understand the concerns of parents (Arizona)
Use of teleconferencing (Connecticut and North Dakota)
Holding case planning meetings in the homes of parents (Kansas)
Rescheduling meetings to accommodate to parents' work schedules (Kansas)
Timely notice to parents of case planning meetings (Arizona and Kansas)
Notification to tribal representatives of case planning meetings (Kansas)

Areas in Need of Improvement

The review of the identified areas in need of improvement for each of the 22 states indicates certain common themes in the area of family and child involvement in case planning:

In 55% of the states, reviewers identified a lack of parental involvement in case plans in a significant number of cases.
In 45% of the states, reviewers found that social workers were simply presenting case plans to parents for their signatures without review or discussion or the parents' involvement in the development of the case plan.
In more than one-third (36%) of the states, reviewers noted that children (when age appropriate) were not regularly involved in developing the case plan.

The other areas in need of improvement appeared to be more specific to individual states. The areas needing improvement that were noted included:

A lack of sufficient effort to locate family members despite a policy that directs this effort (Alabama)
Inadequate efforts to involve fathers (Arizona, Florida, Georgia, and Texas)
Scheduling of meetings during parents' work hours (Connecticut)
Family involvement dependent on assertiveness of family (Connecticut and North Carolina)
A focus on document completion rather than family involvement (District of Columbia)
Unsigned case plans (District of Columbia)
Lengthy and complex case plans and/or case planning processes that make it difficult for families to understand the plan or process (Indiana, Oklahoma, and South Dakota)
Failure to involve "challenging" parents, particularly parents with cognitive disabilities (New York)
Failure to discuss parents' and children's service needs before the case plan was developed (North Dakota)

Among the systemic issues frequently identified in connection with the areas in need of improvement were: worker turnover that did not allow for a comprehensive service plan to be developed; worker turnover and high caseloads that resulted in a lack of experienced employees engaging families in the case planning process; and the absence of training on how to engage parents, extended family members and children in the case planning process.

*This report was reprinted by permission of CHILDREN'S RIGHTS, a national nonprofit organization, is at the forefront in the fight for the rights of poor children in the custody of child welfare agencies across the country. Children's Rights currently has six child welfare systems under some form of court supervision and five others before the courts.

** Pamela Diaz is a Research Assistant for Children's Rights
***Madelyn Freundlich is the Policy Director of Children's Rights

 

 
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Perspectives on Foster Care Legislation
An Overview of Recent Legislation Affecting Foster Care In
New York State
*
By Joi Kohlhagen**

It is often said that children are our society's most precious resource. Karl Menninger captured the importance of investing in our younger generation when he said, "What is done to children, they will do to society."

One of the most fundamental and proactive ways to protect and help children have a safe, secure, stable, and supportive environment is to set forth legislation aimed at fulfilling that objective.

Legislation that addresses issues of children in foster care is particularly important. Most children in foster care are there because of circumstances that have caused them tremendous harm and great pain. This often traumatic life experience follows them as they make their way through the foster care system, which often has them going from one foster or group home to another, and then another again. Many of these children have to wait in frustration as family court proceedings drag on for months, or in some cases, years. They live without consistency in the context of an uncertain future. Foster care provides them with food, clothing, and shelter, but for many children in foster care, the basic needs for love, affection, and attention go unfulfilled.

Legislatures across the country have a vital responsibility to set forth laws that are aimed at protecting and assisting foster children, giving them the opportunity for happiness and allowing them to have a "childhood," instead of the early adulthood that often, by necessity, is thrust upon them as they try to protect themselves while attempting to discern their stressful and confusing circumstances.

Legislation is just one piece of a very large effort across the country to find solutions. The legislative process and results are often gradual given the complex issues that surround foster care.

The following legislation passed the New York State Assembly, Senate or both Houses during 2003. The scope of each of these Bills goes beyond issues specifically relating to foster care. Given the specific nature of this article, discussion is limited to aspects of legislation that involve foster care.

Assembly Bill 4611/Senate Bill 1015:
This Bill amends the Abandoned Infant Protection Act. It specifically clarifies the term "abandoned infant" in the Family Court Act. Previously, social service agencies lacked concrete legislative guidance for abandoned new born babies. Sadly, many newborn infants are left in garbage cans, dumpsters, and sometimes, near an entrance to a hospital or police station. Newborns often languish in foster care, unable to be adopted for months, or in many cases, years.

The new legislation defines "abandoned infant" as a child, not more than five days old, that has been left by a parent in a manner which indicates intent to surrender and relinquish all responsibility for the care of the child. The legislation defines the protocol when social services learns of an abandoned infant and authorizes the court to appoint a law guardian for the infant. If the infant is deemed "abandoned" the baby becomes eligible to be legally and permanently adopted anytime after 60 days subsequent to the determination of abandonment. During the 60 days before a determination is made, the infant's biological parents are permitted to initiate custody proceedings.

This legislation allows babies to have the opportunity to find a permanent home, in lieu of being passed around the foster care system for years. It allows biological parents a reasonable period of time to initiate attempts to regain custody after abandoning an infant. Where parents do not come forward to gain custody, or where a parent or parents have been deemed unfit, it is often in a child's best interest to have the structure and stability of a permanent home.

Assembly Bill 7231 and Senate Bill 5242:
This Legislation shortens the amount of time some children will spend in foster care while waiting to be permanently placed or adopted. It removes obsolete language regarding the time-frames when permanency hearings must be held. Previously, if there was a need for subsequent permanency hearings, those hearings were held at 12 month intervals: after the first 12 months a child was placed in foster care and again at each 12 month interval thereafter. The new law significantly reduces the interval period to 6 months. Consistent with previously existing law, a foster child that has been "freed for adoption" is entitled to a hearing aimed at safe permanent placement.

Assembly Bill 1182 (No Senate Companion)
This Bill requires the Office of Children and Family Services to implement a fair hearing process to any person whose application to become an adoptive parent has been accepted, but the request to adopt a specific child-for example, a foster child, has been denied. This law standardizes a process by which such applicant adoptive parents can further attempt to adopt a specific child, in many cases a foster child that is currently residing or previously resided in the applicant's home.

Assembly Bill 8302-A/Senate Bill 4224
This legislation requires the social service office holding jurisdiction over a child that has been placed in foster care to conduct an immediate investigation to locate relatives of the child, including all grandparents. This requirement allows a removed child's relative to apply to be the child's foster parent. The law thus enables a child to possibly live with a relative, rather than in the home of a stranger or a group home. In cases where a placement with a relative would be in the best interests of the child, this legislation increases the likelihood that a fit relative will be found.

This legislation is particularly significant for grandparents that have provided a home to a grandchild or grandchildren for many years, but lacked legal avenues to pursue legally recognized temporary or permanent custody where a parent is deceased, incarcerated, or in other significantly compelling circumstances.

Assembly Bill 1516 (No Senate Companion)
Most children are placed in foster care because of evidence and/or credible allegations that they were abused.

The purpose of this Bill is to further protect children from child abuse by expanding the list of mandated reporters of child abuse to include members of the clergy in addition to the previously existing list of mandated reporters: any physician; registered physician assistant; surgeon; medical examiner; coroner; dentist; dental hygienist; osteopath; optometrist; chiropractor; podiatrist; resident; intern; psychologist; registered nurse; emergency medical technician; hospital personnel engaged in the admission, examination; care or treatment of personnel engaged in the admission, examination, care or treatment of persons; a Christian Science practitioner; school official; social services worker; day care center worker; provider of family or group family care; employee or volunteer in a residential care facility or other child care or foster care worker; mental health professional; substances abuse counselor; alcoholism counselor; peace officer; police officer; district attorney or assistant district attorney; investigator employed in the office of a district attorney; or other law enforcement official.

While the legislation adds members of clergy to the list of mandated reporters, there is an exception for allegations learned through confidential communications to clergy that are privileged-unless the person confessing or confiding waives that privilege. However, the legislation requires a clergy member to report information obtained through a non-confidential communication and must meet any legal requirements to prevent further abuse.

This legislation also provides immunity from liability to mandated reporters that make good faith reports of suspected child abuse. However, the legislation sets forth criminal accountability for mandated reporters who do not report. Any mandated reporter who willfully fails to report suspected child abuse shall be guilty of a class A misdemeanor.

This legislation also specifically defines the term "abused child" as meaning a child under the age of eighteen years upon whom a person eighteen years of age or more who is legally recognized to be the child's parent or other person legally responsible for such child's care and who:

(i) intentionally or recklessly inflicts physical injury, serious physical injury or death, or
(ii) intentionally or recklessly engages in conduct which creates a substantial risk of such physical injury, serious physical injury or death, or
(iii) commits or attempts to commit against a against a child the crime of disseminating indecent materials.
(iv) engages in any conduct relating to a child that is prohibited by the New York State Penal Code.

This specific definition of child abuse is long overdue in New York State and helpful to state agencies that handle aspects of the investigation or prosecution of child abuse cases.

Many other Bills affecting foster care specifically, and children's issues generally, were proposed in the New York Legislature during 2003 but failed for a variety of reasons. Some will be reintroduced with or without revision in 2004 in addition to legislation that will be introduced for the first time.

Implementing legislation is an imperfect process with many variables. Legislators across New York State and the United States work hard to produce results within the confines and obstacles of the process. Legislators will continue to strive in the future to produce legislation to protect our nation's children.


*Many thanks to New York State Assemblyman Andrew P. Raia for providing reference material for this article.

**Joi Kohlhagen is the Founder and Editor of Perspectives On Youth.

 

 
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Perspectives on Innovative
Foster Care Programs

Voices of Youth: A Model of Success
A Program of Southwest Key


By Jennifer Nelson*, Jill Nilson** and Kim Wilks**

Voices of Youth was founded to make the foster care system more responsive to the needs of adolescents by advocating for their meaningful involvement and the inclusion of their perspectives in day-to-day operations. Voices of Youth (VOY) was established because there was a realization that the old strategies for providing services and supports to adolescents in foster care was not working. Today we have expanded our work to include the juvenile justice system, as well as the educational system. We believe these systems operate from a deficit focused orientation. Interventions are provided when a young person has a problem or when they are identified as "at risk", services are then focused on preventing or correcting a specific behavior. However, a non-pregnant, non-drop out, non-gang affiliated, non-drug abusing youth is not necessarily prepared to live a satisfying, self-fulfilled, healthy and productive life. These systems often fail to look at adolescents in a holistic fashion, to see them as individuals with problems, strengths, hopes and dreams. There is not flexibility in tailoring services to meet the needs of individual young people, and yet we know this is critical in order to provide the full range of supports necessary for a successful transition from adolescence that lays the groundwork for a healthy, satisfying adulthood.

Through Voices of Youth we advocate for the inclusion of adolescents in all aspects of service delivery, decision-making related to their lives, policy development and program operations. We have established vehicles for young people to meaningfully participate in the programs in which they are served by working in partnership with staff. These young people are also supported and provided training to advocate for broader systemic change.

In the fall of 2001, VOY developed a partnership with Southwest Key Program, Inc. The mission of Southwest Key Program, Inc. is to advocate for children worldwide, and to impact children, youth and families by empowering them to succeed. Southwest Key was founded out of a belief that troubled children do not fare well in institutions, and are helped much more significantly by community-based organizations that work with entire families and community support systems. Our partnership with Southwest Key has enabled Voices of Youth to increase our service delivery models and offers an extensive infrastructure enabling Voices of Youth to grow and expand.

Voices of Youth is a program based on the theories of a positive youth development model of practice. We operate our own youth-serving programs based on our philosophy of encouraging and creating opportunities for young people to be meaningfully involved in a variety of projects that meet their specific and unique needs. Our programs empower youth to actively engage in their own development while contributing to the larger community in which they live. These combined efforts are inextricably linked and in our experience demonstrate the greatest promise for achieving positive outcomes for adolescents both in the present and for the future. Resilience research shows that young people living in high-risk conditions are able to transcend their environments and overcome the odds and to lead successful lives. Youth who are socially competent, have problem solving skills that include critical and creative thinking strategies, a sense of identity, a sense of purpose and belief in a bright future have the traits that will enable them to successfully maneuver through difficult life circumstances. Voices of Youth seeks to nurture these Qualities in the young men and women who participate in the program.

What Is Youth Development?

Youth development is a process in which children and adolescents learn to meet their personal needs and build skills needed to function effectively in their daily lives. Rather than focus on problems and deficits, a youth development approach addresses the common causes of high risk behavior alcohol and drug use, emotional problems, family problems, violence, school failure and dropout, crime, pregnancy, etc. By working with youth to address issues such as self esteem, coping skills, appropriate use of time, building of adequate supports, identification of healthy relationships, setting of personal goals etc. the occurrence of the above mentioned high risk behaviors can be effectively minimized. By giving youth skills and support as well as the opportunities to practice these newly-learned skills and test the supports, youth will build additional protective factors while reducing risky behaviors.

In short, youth development is the ongoing process in which all youth are engaged in attempting to:

1) Meet their basic personal and social needs, and

2) Build skills and competencies that allow them to function and contribute in their daily lives.

For youth involved in systems of care, this is a radical new approach to service delivery. At Voices of Youth, we believe a young person must be actively and meaningfully involved in those systems in order to be a truly nurtured, empowered, and resilient youth able to effectively meet life's challenges. Youth must be active participants in the decisions that impact their lives, including those decisions that have direct impact on them as an individual as well as the systemic issues that impact the system in which they live.

What Is Voices of Youth?

Youth Voices are the vital contributions young people can and do make to their communities. It's also about giving young people the opportunity to make these contributions. Youth Voice doesn't mean talking loudly or shouting to be heard or drowning others out, but rather it is about considering the perspectives and ideas of young people, respecting what everyone has to say, taking risks, listening, sharing and working together.

Core Elements of a Positive Youth Development Approach

Promote Youth Involvement
Youth should be assigned meaningful roles, not just be given token opportunities. The young person is meant to learn from the experience since they contribute a unique and valuable perspective to the process. A commitment must be made to integrate their suggestions and follow up on ideas.

Value Individual Strengths
Programs must build on the strengths of the youth, their family, and their community. This begins with the recognition that every youth, family, and staff person has strengths, which must not only be identified in service plans but be clearly evidenced in steps for achieving goals. All services should be individually and developmentally based, and youth must be reached in a way that matters to them. Central to the idea of valuing individual strengths is the belief that we must help our youth to find their individual creativity. Often youth report that this creativity, whatever it may be, is a strength that is often overlooked when planning services for them.

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