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A. filing of a juvenile petition alleging abuse, neglect, or depenency and juvenile summons
B. requesting an order for non-secure custody
C. parents’ appointment of counsel / Appointment of rule 17 guardian ad litem
D. appointment of the guardian ad litem (GAL)
E. Day one conferences or CHILD PLANNING conferences (CPC)
The information that follows in this section is a general step-by-step examination of the most typical juvenile court actions that child welfare workers will encounter. Because Termination of Parental Rights (TPR) is such a complex issue, that process will receive a closer examination in a separate section within this chapter. While every effort has been made to accurately reflect the overall juvenile court process, the process each agency experiences may vary from district to district and possibly among cases within the same district. Just as every assessment and subsequent casework with every family is different and may even differ from one intervention to the next, the same may be said of juvenile court involvement. Circumstances with each court case may cause the case to take a path different from the one outlined in this chapter with various stages of the cases occurring in a different order that may be outlined here. Frequently, local rules play a definitive role in determining how cases are handled within the court district. The impact of these local rules may cause similar cases to appear very dissimilar from district to district. County agencies are strongly encouraged to learn more about the local court rules that may be applicable for their district. The local rules for each county can be found on the Administrative Office of the Courts website: http://www.nccourts.org/courts/crs/policies/localrules/default.asp.
Additionally, circumstances within each case may cause cases that appear to be similar in nature to take differing paths from one another. Developing a thorough understanding of the overall process enables the worker to remain flexible (and more successful) when cases do take alternate paths from those expected.
For the purposes of this section, any references to a petition are in relation to the Juvenile Petition (Abuse / Neglect / Dependency) and not the Petition of Obstruction of or Interference with Juvenile Investigation or the Petition for Expunction. For more detailed information on this type of a petition, refer to the section of this chapter entitled Refusal to Cooperate with / Obstruction of a CPS Assessment or Family Services Manual Volume I; Chapter VIII; Section 1427 – Expunction.
In her examination of juvenile petitions, Janet Mason13, with the University of North Carolina at Chapel Hill’s School of Government, explains:
The filing of a petition begins a juvenile proceeding in the district court. Only a county director of social services (or the director’s representative) can file an abuse, neglect, or dependency petition.
Juvenile proceedings are civil actions (that is, they are not criminal prosecutions). They focus on the condition and needs of the child, not the guilt or innocence of the parent or anyone else.
County departments of social services file petitions in only a small percentage of the cases in which they substantiate that a child is abused, neglected, or dependent.
Usually this is because
• the family accepts services voluntarily,
• the family and the department agree on a “protection plan” that provides for the child to stay with a relative or for other steps to protect the child,
• the person who abused or neglected the child is out of the home, or
• the department’s assessment indicates that it is safe for the child to remain in the home.
A full PDF version of her text can be found at: http://ncinfo.iog.unc.edu/pubs/electronicversions/rca/rca.htm.
When an assessment results in a determination that a petition is needed for the protection of a child alleged to be abused, neglected, or dependent, the petition shall be drawn by the director or his designee, verified before an official authorized to administer oaths, and filed by the clerk, recording the date of filing.
When preparing the Juvenile Petition alleging abuse, neglect, and/or dependency, N.C.G.S. § 7B-402 states, “The petition shall contain the name, date of birth, address of the juvenile, the name and last known address of the juvenile’s parent, guardian, or custodian, and allegations of facts sufficient to invoke jurisdiction over the juvenile.”
Using the Administrative Office of the Courts (AOC) Juvenile Petition (form AOC-J-130)14 ensures that all of the information required is captured. County departments of social services are strongly encouraged to record the allegations of fact regarding the caregiver’s neglectful or abusive behavior in a plain, concise, and objective manner along with allegations of fact of the harm this neglectful or abusive behavior has caused to the children. This should also be stated in a plain, concise, and objective manner. Petitions should also state the severity of harm and explain how the behavior of the caregiver has resulted in the children’s condition using the same plain, concise, and objective manner and should also state the ability and willingness of the caregiver to adequately care for the child and, if appropriate, any services the parents have been offered but have refused. Petitions should also specifically state the efforts the agency made with the family to prevent the need for removal of the child. Finally, the petition should state clearly that the children are in need of the court’s protection by citing any relevant statutes.
Any petition initiated by the agency, shall clearly state all of the conditions that would invoke the court’s jurisdiction. The allegations shall also contain enough information to make a legally valid case. These allegations should be broad enough to allow introduction of all evidence that the agency considers important to the case. Allegations should only include what the agency believes to be facts in the case, not observations or opinions held by others. Workers should be aware that while only those allegations that rise to level of abuse, neglect, or dependency are to be included on the petition, some allegations might fit in more than one category. For example, one set of facts that the agency feels meet the level of abuse may also meet the level of neglect. Workers should, in consultation with their agency’s legal counsel, thoughtfully examine the benefits and the drawbacks to pleading in the alternative in cases where allegations may fit within multiple adjudicatory categories. Additionally, while it is clear that some families commit multiple acts that rise to the level of abuse, neglect, or dependency, workers and their agency’s attorney should also be very strategic about which allegations are included on a petition. “Shotgun petitioning” is seen as a way of including every allegation the family has ever committed that rises to the level of abuse, neglect, or dependency (the figurative “throwing the book at someone”). While this approach may increase the number of chances to reach adjudication it may also reduce an agency’s credibility or decrease focus on the issues(s) that brought the child into custody. A close examination of the benefits and drawbacks of this approach is warranted.
Juvenile Petitions should also include information relative to the agency’s knowledge about issues specified under N.C.G.S. § 7B-506(h) including:
• paternity or information on absent / missing parent(s)
• known relatives able and willing to provide care for the child(ren);
• ICWA related issues
• MEPA related issues
• siblings or other juveniles remaining in the home and any specific findings of the assessment of the juveniles or any actions taken to secure the protection of the juveniles
Along with Juvenile Petitions, a Juvenile Summons must also be filed (form AOC-J-142)15. N.C.G.S. § 7B-406 reads, “Immediately after a petition has been filed alleging that a juvenile is abused, neglected, or dependent, the clerk shall issue a summons to the parent, guardian, custodian, or caretaker requiring them to appear for a hearing at the time and place stated in the summons.” In addition, the juvenile summons also contains the following information:
• a parent’s rights to legal representation;
• in many districts, information relative to the date, time, and location of a prehearing conference or child planning conference;
• if the agency has assumed custody of the child or children when filing a petition, information related to the hearing on need for continued non-secure custody (7-day hearing);
• information that the dispositional order (or any subsequent order) may require certain activities of either the parent or the juvenile or may even remove the juvenile from the parent’s custody;
• information related to the local law enforcement officer’s ability or inability to serve the summons, petition, affidavit as to the status of a minor child, and order for non-secure custody (if applicable) on the persons identified within the summons;
• a notice to parents, guardians, or caretakers that they may be held in contempt of court if they fail to show, without reasonable cause, at the hearing specified;
• an additional notice that with the service of the summons on the parents, guardians, or caretaker the court system has obtained jurisdiction over them and that their failure to comply with any court order may result in the court issuing a show cause order for contempt.
In cases in which custody of the child has to be removed from the caregiver due to the immediate safety needs of the child, the agency is authorized to file an order for non-secure custody under N.C.G.S. § 7B-502 which reads, “In the case of any juvenile alleged to be within the jurisdiction of the court, the court may order that the juvenile be placed in nonsecure custody pursuant to criteria set out in G.S.7B-503 when custody of the juvenile is necessary.”
Per N.C.G.S. § 7B-503 the court has the authority to issue non-secure custody orders. The criteria for issuing non-secure custody orders shall be met only when there is a reasonable factual basis to believe that the matters alleged in the petition are true and that:
• the juvenile has been abandoned; or
• the juvenile has suffered physical injury or sexual abuse; or
• the juvenile is exposed to a substantial risk of injury or sexual abuse due to the actions or inaction of the parent, guardian, or custodian; or
• the juvenile is in need of medical treatment to cure, alleviate, or prevent suffering serious physical harm which may result in death, disfigurement, or substantial impairment of bodily functions and the parent, guardian, or custodian is either unable or unwilling to provide or consent to treatment; or
• the parent consents to continuation of the non-secure custody order; or
• the juvenile is a runaway and consents to non-secure custody; and
• that there is a factual basis to believe that no other reasonable means are available to protect the juvenile.
N.C.G.S. § 7B-504 explains that the Order for Non-Secure Custody shall be in writing (form AOC-J-150)16 and directs a local law enforcement officer the authority to assume custody of the juvenile and to give a copy of the custody order to the juvenile’s caregiver. N.C.G.S. § 7B-505 designates the place of non-secure custody. This statute provides specific guidance on the location a juvenile may be placed, to which workers shall adhere. Prior to placement with a relative outside North Carolina, the placement must be in accordance with the Interstate Compact on the Placement of Children. For more information on the Interstate Compact Placement of Children refer to the Family Services Manual Volume I, Chapter XI – Interstate/Intercounty Services to Children.
In cases where the Juvenile Petition alleges that a juvenile is abused, neglected, or dependent, the parent has the right to counsel, and to appointed counsel in cases of indigence, unless the parent waives that right.
In addition to the right to appointed counsel set forth above, a Guardian ad Litem shall be appointed in accordance with the provisions of N.C.G.S. § 1A-1, Rule 17, to represent a parent in the following cases:
• where issues related to a parent’s diminished capacity are present, the court or any party may make a motion for the court to appoint a Rule 17 GAL to assist defense counsel with protection of due process; or
• where the parent is under the age of eighteen (18) years.
The judge may appoint a guardian to the juvenile when no parent appears in a hearing with the juvenile or the judge finds it would be in the best interest of the juvenile. A juvenile alleged to be within the jurisdiction of the court has the right to be represented by counsel in all proceedings. If the GAL is not an attorney, the judge shall also appoint an attorney in order to assure protection of the child’s legal rights through the dispositional phase of the proceedings, and after disposition when necessary to further the best interests of the child. The GAL and the Attorney Advocate have standing to represent the juvenile in all Juvenile Court actions where they have been appointed. N.C.G.S. § 7B-601 mandates that once a Juvenile Petition is filed alleging abuse or neglect, a Guardian ad Litem is appointed to represent the juvenile before the court. In a dependency matter, the judge may appoint a Guardian ad Litem but is not required to do so.
The mission statement of the North Carolina Guardian ad Litem program most appropriately summarizes the role of a GAL volunteer:
The mission of the N.C. Guardian ad Litem program is to provide trained, independent advocates to represent and promote the best interests of abused, neglected and dependent children in the state court system and to work expediently toward a plan that ensures that these children are in a safe, permanent home.17
The individuals that comprise a local Guardian ad Litem office may vary but may include: a District Administrator, a Program Supervisor, an Attorney Advocate (a contracted or staff attorney from the local bar association that represents the juvenile in court) and the GAL volunteer. Some GAL Programs may also have local office staff (usually called a Program Assistant). Volunteers are individuals from the community who receive thirty or more hours of intensive training, are sworn in before the court, and who represent the best interest of the child. The GAL volunteer also receives supervision from the GAL administrative staff and consults with GAL attorney advocates on legal matters.
The training manual for GAL volunteers may be viewed, downloaded and printed from: http://www.nccourts.org/citizens/gal/workbook.asp. This link provides access to the workbook training manual by chapter (in Microsoft® Office Word) as well as a PDF version of the entire workbook. (DOWNLOAD WARNING! THIS IS A LARGE FILE - APPROXIMATELY 96 MB).
Per N.C.G.S. § 7B-601 the duties of the Guardian ad Litem Program:
shall be to make an investigation to determine the facts, the needs of the juvenile, and the available resources within the family and community to meet those needs; to facilitate, when appropriate, the settlement of disputed issues; to offer evidence and examine witnesses at adjudication; to explore options with the court at the dispositional hearing; to conduct follow-up investigations to insure that the orders of the court are being properly executed; to report to the court when the needs of the juvenile are not being met; and to protect and promote the best interests of the juvenile until formally relieved of the responsibility by the court.
The Guardian ad Litem Program and the county department of social services often share common goals, while sometimes representing differing perspectives. The GAL focuses on the best interests of the child and also reports to the court the wishes or preferences of the child. Both the GAL and the agency focus on the safety, permanency and well-being of the child and the need to achieve these goals in a timely manner. The agency has the additional focus on strengthening of the family both during the court process and beyond.
Prior to each hearing, it is in the best interest of all parties for the agency and the GAL Program to collaborate by communicating with each other their perspective on the case, what their intentions are regarding presentation of evidence, and recommendations they intend to make in court. Collaboration between the GAL program and the agency is essential. This collaboration assures that, when possible, disputed issues are resolved prior to court hearings, thus better meeting the needs of the child and the family by moving the case more quickly toward resolution.
The GAL volunteer has the statutory authority under N.C.G.S. § 7B-601(c) to obtain any information or reports, whether confidential or not that may, in the GAL Program’s opinion be relevant to the case. The exception to this is in regards to federally protected information such as substance abuse diagnosis and treatment records. For additional information refer to the section entitled “Obtaining Substance Abuse Records by Court Order” within this chapter. The GAL volunteer should present his or her Order of Appointment to access the information, and the social worker should place a copy of the order in the child’s record. The GAL and the agency shall share any information that is not otherwise federally protected and that will assist each in understanding the full issues of the case so that the child and family receive maximum benefit from the two services (for additional information on re-disclosure and confidentiality of records please refer to Family Services Manual Volume I; Chapter VIII; Section 1428 – Confidentiality and Release of Information)
Day One Conferences or Child Planning Conferences can be an invaluable strategy to all parties involved, especially the family. While not conducted statewide, these conferences are usually instituted in either Family Court or in Court Improvement Project (CIP) districts and are facilitated by court staff and may be the first hearing in which the parents are given the first opportunity to be present.
Conferences are held either the day following (in the case of Day One Conferences) or within a few days (in the case of Child Planning Conferences) of the agency’s filing a juvenile petition alleging abuse, neglect and/or dependency. The purpose of these conferences is to get the court case moving quickly and to assist the agency with court related issues of the case.
To move the court process forward, the Case Coordinator informs parties present of their rights, ensures there is counsel for parents and a Guardian ad Litem volunteer appointed for the child, ensures that the Juvenile Petition and Juvenile Summons is served and sets the next hearing date. To assist the agency with the case, the Case Coordinator makes inquiries concerning the circumstances of the case; looks at issues such as the child’s current placement; early parental visitation; availability of placement with relatives, extended family or family friends; and immediate service needs of the family.
According to the North Carolina Court System:18
A Child Planning Conference (CPC) is a formal meeting between court staff, respondents and community agencies to discuss the case history, make recommendations, and determine what is in the best interest of the child. If all parties agree to the recommendations, all the parties and a Family Court Judge sign an order that stipulates the conditions.
WHAT ARE THE STEPS THAT PRECEDE THE CHILD PLANNING CONFERENCE?
1. Department of Social Services (DSS) determines that removal is in the best interest of the child.
2. DSS files a petition with the court.
3. The Juvenile Court Case Manager receives a copy of the petition and notifies attorneys and participants of the date and time of the CPC.
4. Hearing date is confirmed in three ways:
o Social Worker will leave notification when children are taken into custody, if possible.
o At the first non-secure hearing
o The assigned attorney will confirm information with their clients.
5. Parents are encouraged to bring supportive family members or friends to the CPC.
WHAT HAPPENS AT THE CHILD PLANNING CONFERENCE?
1. The Juvenile Court Case Manager provides a brief overview of the process, sets expectations, and discusses potential benefits and outcomes and introduces all participants.
2. The Juvenile Court Case Manager facilitates discussion regarding placement, services, visitation and tentative case plan.
3. Parties discuss concerns and identify points of agreement.
4. Issues are negotiated with participants actively participating.
5. When the conference is completed, the parties will be given a copy of any agreements.
6. After the conference, the court will:
o Enter any agreement into record.
o Rule on any issues not resolved.
o Conduct a non-secure custody hearing or first appearance hearing if no agreements have been reached unless the hearing is waived by the parties.
WHAT ARE THE GOALS OF THE CHILD PLANNING CONFERENCE?
1. To focus on what is in the best interest of the children.
2. To reach an agreement on services to the family, visitation and placement.
3. To gather input from the extended family members and friends.
4. To discuss possible amendments to the petition and/or stipulation.
5. To move the parties and the process from adversarial to cooperative roles.
6. To provide the family with information about the court process.
7. To reach an agreement on the case plan process.
8. To identify possible relative and kinship placement early in the case.
9. To identify all family resources and needs early in the case.
“An increasing number of juvenile courts across the country are using mediation and other nonadversarial dispute resolution methods, such as family group conferencing, to settle child maltreatment and TPR cases. The mediation process usually is called ‘dependency mediation’ and is similar in many ways to settlement conferences, except that there is a skilled and trained mediator facilitating the discussion.” 19
As with Child Planning Conferences, not all 100 counties will operate in court districts where mediation is used. Like CFT meetings, these meetings are facilitated and involve the family and their supports (which, in this situation may include their attorney, the Attorney Advocate for the GAL and the agency’s attorney). The North Carolina General Assembly enacted legislation in 2006 to provide for mediation services in juvenile court to resolve issues in cases in which a juvenile is alleged or has been adjudicated to be abused, neglected, or dependent, or in which a petition or motion to terminate a parent’s rights has been filed. This service is not currently available in all counties, but the legislation calls for the Administrative Office of the Courts to establish permanency mediation in phases in all judicial districts in the state.
Mediation is a valuable tool for judges in juvenile court. Mediation is a process whereby a neutral third party, a mediator, acts to encourage and facilitate the resolution of a dispute between parties. It is informal and non-adversarial processes with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. The mediator is not a judge, lawyer, or counselor; rather the mediator is a trained, skilled facilitator who assists in defining and clarifying issues, helps reduce obstacles to communication, and provides the opportunity for exploring possible solutions to reaching agreement.
Local court rules in each judicial district determine the specific process that the judge will use to order the parties to participate in permanency mediation. The parties in permanency mediation consist of, at a minimum, each parent, the parent(s) attorney, agency social worker assigned to the case, permanency/foster care agency supervisor, agency attorney, attorney advocate, and GAL staff and/or volunteer. North Carolina uses a co-mediation model (two mediators) which takes into account the large number and diversity of people present, the complexity of the work, and the demands of negotiating a petition and producing agreements to be written and signed off on in the session.
Mediation provides the opportunity for increased parental involvement in the development of a case plan tailored to the family’s specific needs, as well as an opportunity for the agency to clearly articulate their expectations early in the case. By assisting to move a case to permanence more quickly, permanency mediation provides cost savings to both the foster care and court systems. Perhaps more importantly, moving to permanence provides emotional and physical stability for a child.
A thorough explanation is provided by N.C.G.S. § 7B-202, which explains:
(a) The Administrative Office of the Courts shall establish a Permanency Mediation Program to provide statewide and uniform services to resolve issues in cases under this Subchapter in which a juvenile is alleged or has been adjudicated to be abused, neglected, or dependent, or in which a petition or motion to terminate a parent's rights has been filed. Participants in the mediation shall include the parties and their attorneys, including the guardian ad litem and attorney advocate for the child; provided, the court may allow mediation to proceed without the participation of a parent whose identity is unknown, a party who was served and has not made an appearance, or a parent, guardian, or custodian who has not been served despite a diligent attempt to serve the person. Upon a finding of good cause, the court may allow mediation to proceed without the participation of a parent who is unable to participate due to incarceration, illness, or some other cause. Others may participate by agreement of the parties, their attorneys, and the mediator, or by order of the court.
(b) The Administrative Office of the Courts shall establish in phases a statewide Permanency Mediation Program consisting of local district programs to be established in all judicial districts of the State. The Director of the Administrative Office of the Courts is authorized to approve contractual agreements for such services as executed by order of the Chief District Court Judge of a district court district, such contracts to be exempt from competitive bidding procedures under Chapter 143 of the General Statutes. The Administrative Office of the Courts shall promulgate policies and regulations necessary and appropriate for the administration of the program. Any funds appropriated by the General Assembly for the establishment and maintenance of permanency mediation programs under this Article shall be administered by the Administrative Office of the Courts.
(c) Mediation proceedings shall be held in private and shall be confidential. Except as provided otherwise in this section, all verbal or written communications from participants in the mediation to the mediator or between or among the participants in the presence of the mediator are absolutely privileged and inadmissible in court.
(d) Neither the mediator nor any party or other person involved in mediation sessions under this section shall be competent to testify to communications made during or in furtherance of such mediation sessions; provided, there is no confidentiality or privilege as to communications made in furtherance of a crime or fraud. Nothing in this subsection shall be construed as permitting an individual to obtain immunity from prosecution for criminal conduct or as excusing an individual from the reporting requirements of Article 3 of Chapter 7B of the General Statutes or G.S. 108A-102.
(e) Any agreement reached by the parties as a result of the mediation, whether referred to as a "placement agreement," "case plan," or some similar name, shall be reduced to writing, signed by each party, and submitted to the court as soon as practicable. Unless the court finds good reason not to, the court shall incorporate the agreement in a court order, and the agreement shall become enforceable as a court order. If some or all of the issues referred to mediation are not resolved by mediation, the mediator shall report that fact to the court.
A juvenile cannot be held in non-secure custody for more than seven (7) calendar days without a hearing on the merits or a hearing to determine the need for continued custody. The first hearing to determine the need for continued custody may be continued for up to ten (10) business days with the consent of parent, guardian, or custodian and, if appointed, the Guardian ad Litem. In addition, the court may require consent of additional parties or may schedule a hearing despite a party’s consent to a continuance. The court must also make Reasonable Efforts findings required under N.C.G.S. § 7B-507 at all similar hearings and all review hearings.
If the judge determines that a juvenile meets criteria for non-secure custody and should continue in custody, the judge issues an order to that effect. The Order on Non-Secure Custody20 shall be in writing with appropriate findings of fact and signed and entered within thirty (30) days of the completion of the hearing. Findings of fact include the evidence that was relied upon to reach the decision, goals, and purposes that continued custody are to achieve. The order shall detail the reasonable efforts made by the agency to avoid or eliminate need for placement and whether such efforts should continue.
As per N.C.G.S. § 7B-506 a second hearing on continued non-secure custody shall be held within seven (7) business days after the first hearing is held. Hearings thereafter shall be held at intervals of no more than thirty (30) calendar days. All of these subsequent hearings may be waived only with the consent of the juvenile’s parents and the juvenile’s Guardian ad Litem. Additionally, the statute specifies that at every hearing to determine the need for continued non-secure custody, the court shall:
The adjudicatory hearing shall be a judicial process designed to adjudicate the existence or nonexistence of any of the conditions alleged in a petition.
N.C.G.S. § 7B-802 explains, “The adjudicatory hearing shall be a judicial process designed to adjudicate the existence or nonexistence of any of the conditions alleged in the petition.” Adjudication means making a judgment (i.e., legally deciding whether something did or did not occur) based on either the evidence presented or either party agreeing (stipulating) to the existence or non-existence of the conditions of abuse, neglect, or dependency. In the adjudicatory hearing, the court shall protect the rights of the juvenile and the juvenile's parent to assure due process of law (N.C.G.S. § 7B-802). The adjudicatory hearing must be held within sixty (60) days of the filing of the petition unless the judge orders that it be held later (N.C.G.S. § 7B-801). The allegations stated in the petition must be proven by clear and convincing evidence (N.C.G.S. § 7B-807). The judge may continue the hearing, for good cause, for as long as is reasonably required to receive additional evidence, reports or assessments requested by the Court or other information needed in the best interest of the juvenile. The rules of evidence in civil cases apply in these proceedings. All adjudicatory and dispositional hearings shall be recorded.
If the judge finds that the allegations in the petition have been proven, he or she shall so state. If the judge finds that the allegations have not been proven, he or she shall dismiss the petition with prejudice and the juvenile will be released from non-secure custody.
The Order on Adjudication21 shall be reduced to writing, signed, and entered no later than thirty (30) days following the completion of the hearing. If the order is not entered within thirty (30) days following completion of the hearing, the clerk of court for juvenile matters shall schedule a subsequent hearing at the first session of court scheduled for the hearing of juvenile matters following the 30-day period to determine and explain the reason for the delay and to obtain any needed clarification as to the contents of the order. The order shall be entered within ten (10) days of the subsequent hearing required by this subsection.
Following the adjudicatory hearing, the judge shall proceed to the dispositional hearing upon receipt of sufficient medical, social, psychiatric, psychological and educational information. The dispositional hearing (held only after an adjudication of abuse, neglect, or dependency has been made) outlines primarily the child’s needs and then examines the parents’ resources available and their barriers preventing the meeting of the child’s needs. The dispositional hearing should occur immediately following the adjudicatory hearing if the court has sufficient information to proceed. If the court does not have sufficient information to proceed to the dispositional stage of the case, the case should be re-calendared as soon as possible thereafter once the court has sufficient information but must occur within thirty (30) days of the conclusion of the adjudicatory hearing (N.C.G.S. § 7B-901).
N.C.G.S. § 7B-807 states:
If the court finds that the allegations in the petition have been proven by clear and convincing evidence, the court shall so state. If the court finds that the allegations have not been proven, the court shall dismiss the petition with prejudice, and if the juvenile is in non-secure custody, the juvenile shall be released to the parent, guardian, custodian, or caretaker.
The purpose of the disposition is to design an appropriate plan to meet the needs of the juvenile and to achieve the objectives of the State in exercising jurisdiction. The initial approach, if possible, should be to safely maintain the juvenile in his or her own home and to use appropriate community resources. The judge may order community-level services for the juvenile and family. The dispositional hearing may be informal. The judge may consider written reports or other evidence concerning the needs of the juvenile. The juvenile and parent, guardian, or custodian may present evidence and advise the judge on the best interests of juvenile.
N.C.G.S. § 7B-903 provides a thorough examination of dispositional alternatives available to judges. Upon adjudication, the judge may dismiss the case or may order that appropriate community level services be provided to the child and his family in order to strengthen the family situation. The following alternatives for disposition shall be available to any court exercising jurisdiction, and the court may combine any of the applicable alternatives when the court finds the disposition to be in the best interests of the juvenile.
1. The court may dismiss the case or continue the case in order to allow the parent, guardian, custodian, caretaker or others to take appropriate action.
2. In the case of any juvenile who needs more adequate care or supervision or who needs placement, the court may:
a. require that the juvenile be supervised in the juvenile’s own home by the agency in the juvenile’s county, or by other personnel as may be available to the court; or
b. place the juvenile in the custody of a parent, relative, private agency offering placement services, or some other suitable person; or
c. place the juvenile in the custody of the county department of social services in the county of the juvenile’s residence, or in the case of a juvenile who has legal residence outside the State, in the physical custody of the agency in the county where the juvenile is found so that the agency may return the juvenile to the responsible authorities within the juvenile’s home state. The director may, unless otherwise ordered by the court, arrange for, provide, or consent to needed routine or emergency medical or surgical care or treatment.
If a juvenile is removed from the home and placed in the custody or placement responsibility of a county department of social services, the director shall not allow unsupervised visitation with, or return of physical custody of the juvenile to the parent, guardian, custodian, or caretaker without a hearing at which the court finds that the juvenile will receive proper care and supervision in a safe home.
N.C.G.S. § 7B-905 requires that when a juvenile is placed in the custody of a county department of social services, the court may order the agency to arrange, facilitate, and supervise a visitation plan expressly approved by the court. The statute also makes clear that if the director makes a good faith determination that the visitation plan outlined in the court order is not in the juvenile's best interest (because, for example, the juvenile is being abused during the visitation), the Director can temporarily suspend all or part of the visitation plan until further review by the court. The agency must document with clear and convincing reasons why the action was in the child's best interest and present evidence to the court at the next hearing or request an earlier review of the case.
In placing a juvenile in out of home care under this section, the court shall first consider whether a relative of the juvenile is willing and able to provide proper care and supervision of a juvenile in a safe home. If the court finds that a relative is willing and able to provide proper care and supervision in a safe home, then the court shall order placement of the juvenile with the relative unless the court finds that the placement is contrary to the best interests of the juvenile. The Initial Kinship Care Assessment (DSS-5203) shall be completed prior to placement and the Kinship Care Comprehensive Care Assessment (DSS-5204) shall be completed no later than 30 days following placement. Placement of a juvenile with a relative outside of this State must be in accordance with the Interstate Compact on the Placement of Children. For more information on the Interstate Compact Placement of Children refer to the Family Services Manual Volume I, Chapter XI – Interstate/Intercounty Services to Children.
Additionally, it is important for agencies to keep the Guardian ad Litem Program informed of any changes in the juvenile’s status (specifically, the juvenile’s placement). Per N.C.G.S. § 7B-905(d):
When a county department of social services having custody or placement responsibility of a juvenile intends to change the juvenile's placement, the department shall give the guardian ad litem for the juvenile notice of its intention unless precluded by emergency circumstances from doing so. Where emergency circumstances exist, the department of social services shall notify the guardian ad litem or the attorney advocate within 72 hours of the placement change, unless local rules require notification within a shorter time period.
3. Examinations of the Child and Professional Testimony
In any case, the court may order that the juvenile be examined by a physician, psychiatrist, psychologist, or other qualified expert as may be needed for a court to determine the needs of the children.
a. Upon completion of the examination, the court shall conduct a hearing to determine whether the juvenile is in need of medical, surgical, psychiatric, psychological, or other treatment and who should pay the cost of the treatment.
b. If the court believes, or if there is evidence presented to the effect that the juvenile is mentally ill or is developmentally disabled, the court shall refer the juvenile to the director of the Mental Health / Developmental Disabilities / Substance Abuse Services Local Management Entity (LME) serving the agency’s county for appropriate action. A juvenile shall not be committed directly to a state hospital or mental retardation center. The Mental Health / Developmental Disabilities / Substance Abuse Services LME serving the agency’s county is responsible for arranging an interdisciplinary evaluation of the juvenile and mobilizing resources to meet the juvenile's needs.
c. When the court has found that a juvenile has suffered physical abuse and that the individual responsible for the abuse has a history of violent behavior against people, the court shall consider the opinion of the mental health professional that performed the mandated evaluation prior to returning custody of the juvenile to that individual.
As a part of the dispositional hearing, the district court has the authority over parents to:
According to N.C.G.S. § 7B-905, the Order on Disposition22 shall be reduced to writing, signed, and entered no later than thirty (30) days from the completion of the hearing and shall contain findings of fact and conclusions of law. The order:
For children whose placement is in foster care, the dispositional order shall contain:
1. findings that the juvenile’s continuation in or return home would be contrary to the juvenile’s best interest;
2. findings as to whether reasonable efforts were made to prevent or eliminate the need for placement in foster care; and
3. required services or other efforts aimed at returning the juvenile promptly to a safe home.
4. Any order that places a juvenile in the custody of the agency shall state that the placement and care of the juvenile are the responsibility of the agency.
If the court finds through written findings of fact in the Order on Disposition that efforts to eliminate the need for placement of the juvenile in custody clearly would be futile or would be inconsistent with the juvenile’s safety and need for a safe, permanent home within a reasonable period of time, the court shall specify in the order that reunification efforts are not required or order that reunification efforts cease.
According to N.C.G.S. § 7B-1001 and N.C.G.S. § 7B-1002, appeals on certain orders may be made by the juvenile (through the Guardian ad Litem), parent, guardian or custodian, state or county agency or any TPR petitioner. These appeals are heard by the North Carolina Court of Appeals. Notice of appeal shall be given in writing within thirty (30) days after entry of the order. However, if no disposition is made within sixty (60) days after entry of the order, written notice of appeal may be given within seventy (70) days after such entry. An expedited appeals process in juvenile abuse, neglect, and dependency exists under Rule 3A of the North Carolina Rules of Appellate Procedure.
According to N.C.G.S. § 7B-906, “In any case where custody is removed from a parent, guardian, custodian, or caretaker the court shall conduct a review hearing.” The timeframes for the hearings as well as notification requirement are also outlined in that statute. The timeframes and notices are as follows:
The court may waive or forego review hearings; may require written reports to the court by the agency in lieu of review hearings; or order that review hearings be held less often than every six (6) months if the court finds by clear, cogent, and convincing evidence that:
At every review hearing, the court shall consider information from the agency, the juvenile, the parents or person standing in loco parentis, the custodian, foster parents, the Guardian ad Litem, and any public or private agency. In each case, the court shall consider and make written findings regarding:
1. the efforts that the agency has made to reunite the family, whether the judge determines those efforts to be reasonable or whether efforts to reunite the family clearly would be futile or inconsistent with the juvenile’s need for a safe, permanent home within reasonable period of time;
2. where return home is unlikely, efforts which the agency has made to finalize or achieve some other plan for permanence and whether those efforts were reasonable;
3. goals of placement and the appropriateness of the foster care plan;
4. a new foster care plan, if continuation of out-of-home care is sought, that addresses the role the current foster parent will play in planning for the juvenile;
5. an appropriate visitation plan;
6. if the juvenile is 16 or 17 years of age, a report on an independent living assessment of the juvenile and, if appropriate, an independent living plan developed for the juvenile;
7. reports on the placements the juvenile has had and any services offered to the juvenile and parents;
8. when and if termination of parental rights should be considered; and
9. any other criteria the court deems necessary.
The court, after making any findings of fact, may appoint a guardian of the person for the juvenile pursuant to N.C.G.S. § 7B-600 or may make any disposition authorized by N.C.G.S. § 7B-903, including authority to place child in the custody of either parent or any relative found by the court to be suitable and in the juvenile’s best interest. The court may enter an order continuing the placement under review or providing for a different placement as is deemed to be in the best interests of the juvenile. The order (either the Order on Ninety-Day Review23 or the Order on Six Month Review24) must be reduced to writing, signed, and entered within thirty (30) days of the completion of the hearing. If at any time, custody is restored to a parent, guardian, custodian, or caretaker the court shall be relieved of the duty to conduct judicial reviews of the placement.
At a hearing designated by the Court, but at least within twelve (12) months after juvenile’s placement, a review hearing shall be held and designated as a Permanency Planning Hearing. When notice is given to the parties, the notice of the hearing shall inform the parties that this hearing is specifically designated as the Permanency Planning Hearing and the general purpose of the hearing.
The purpose of the Permanency Planning Hearing is to develop a plan to achieve a safe, permanent home for the juvenile within a reasonable period of time. If the juvenile is not returned home, the judge shall make specific findings as to the best plan of care to achieve a safe, permanent home for the juvenile within a reasonable period of time and shall enter an order consistent with those findings.
A thorough examination of permanency placement options can be found in the Permanency Planning portion of the Family Services Manual Volume I, Chapter IV: 1201 – Child Placement Services but portions of that text are also discussed here:
Although there is never a guarantee of permanence, it is the intention that all work with the child, the family, the community, and the agencies involved targets a plan that supports permanence. At a very basic level, permanence is most probable when the legal parent is also the emotional parent, as well as the parenting figure in the child’s life. The following permanent resolutions are most possible when relevant questions can be answered and the underlying issues they suggest have been addressed. There are only five possible permanent plan goals: reunification, adoption, legal guardianship (with relatives or other kin), legal custody and Another Planned Permanent Living Arrangement (APPLA). These options should all be considered and addressed from the beginning of placement and continuously evaluated. Although one option (reunification) may appear to be the primary plan, the other options should also be explored and planned concurrently. Some children in foster care will exit the system through other avenues.
Reunification means that the biological/adoptive parent(s) or caretaker from whom the child was removed regains custody of the child. In most cases reunification is the primary permanent resolution sought, and reasonable efforts to reunify the child with the parent must be demonstrated and documented to the court. Reunification is appropriate when the parent is capable of providing minimum sufficient level of care, even when there are areas of concern. A return to even marginally adequate parents is a better alternative than years in foster care, as long as the safety of the child can be ensured.
Reunification should be considered when:
Reunification should not be considered when the court has found that such efforts would be futile or would be inconsistent with the juvenile’s need for a safe, permanent home within a reasonable period of time.
The agency is responsible for working with the parents to help them gain capacity to provide care for their children. This includes:
Agency Requirements Towards Reunification
The agency’s efforts and the results of involvement must be documented in the case record and court review documents in order to demonstrate to the court that the agency has made efforts toward reunification that may reasonably be expected to achieve the desired result.
A child who has been removed from the custody of a parent (or person acting in loco parentis) by a court order because of abuse or neglect may not be returned for any period of time without judicial review and findings of fact to show that child will receive proper care and supervision. A supervised visit does not fall within the meaning of the term “return” as long as a social worker is present at all times. The agency should work with its juvenile court to determine how the local judges interpret the law on trial visits.
In addition to the required time frames for court reviews, parents, the Guardian ad Litem and the respective agency have a right to ask for a motion for review so that the court may re-evaluate the plans for the child. Whenever there is a significant change in circumstances, a motion for review shall be filed by the agency. It is strongly recommended that a motion for review be filed with the court in all cases in which it is proposed that a child be returned, even on a trial basis, to a parent residing in another state. Parents have a legal right to ask the court for the return of their child even if the agency does not consider the situation appropriate. The agency may, of course, recommend against the return of the child at the time of the court hearing. The Court maintains the right to return the child against agency recommendations if it so determines. If a child was accepted for placement as a result of a court order, the Court must be kept informed of the child’s progress.
Adoption is the permanent plan offering the most stability to the child who cannot return to his/her parents. Factors to consider include whether or not the child is likely to return home and whether the child can be freed for adoption. In order for the child to be adopted, both parents must voluntarily relinquish their parental rights or their parental rights must be terminated by the court. The agency shall file a petition for termination of parental rights within sixty (60) calendar days of the agency’s decision that the permanent plan is adoption or within sixty (60) calendar days of the hearing that determines that the plan is adoption unless the court makes other findings, as per N.C.G.S. § 7B-907(e). There must be legal grounds to terminate each parent’s rights.
If an American Indian parent or custodian relinquishes his or her rights or consents to the plan of adoption, the consent is not valid unless procedures of the American Indian Child Welfare Act are followed. This includes certification that the Indian parent or custodian fully understood the nature of their relinquishment of rights and that interpreter services were provided if necessary. (A copy of the Indian Child Welfare Act is appended to the Adoption Services chapter of the Family Services Manual and the Indian Child Welfare Compliance Checklist is form DSS-5291.)
When the child is legally freed for adoption, the agency shall make every effort to locate and place the child in an appropriate adoptive home. When adoption becomes the plan for a child, the agency shall develop a child-specific written strategy for recruitment of an adoptive home within thirty (30) days. At a minimum, the plan shall document the child-specific recruitment efforts such as the use of state, regional, and national adoption exchanges including electronic exchange systems to facilitate orderly and timely in-state and interstate placements.
Adoption by relatives or kin may be an option to consider if the relative or kin are willing to adopt and can provide a safe home. Care should be taken in assessing this option to consider whether there may be conflict or divided loyalties between the parent of the child and the adopting relatives and how these issues would be handled. If an adoption by relative or kin can be achieved, the child’s sense of identity and family history can be preserved.
Adoption by foster parents is often an appropriate plan, especially if the child has developed a close relationship with the foster family. Such a plan has the benefit of providing continuity for the child with a family that they already know without requiring an additional move. Increasingly, foster families are being recruited and trained to provide foster care, to work with the team toward reunification efforts, and to be willing to consider committing to the child permanently through adoption if reunification is not possible. These parents are sometimes referred to as “permanency planning families.” Recruiting and training these families are key components of concurrent planning. Sometimes the child’s parent(s) recognize that they cannot be the permanent family for the child. When they know and respect the care that their child is receiving from the foster family, they may voluntarily relinquish their parental rights so that the child can be adopted by that family. The advantage in this situation is that it allows for the possibility that the child and birth parent continue some relationship while the child is raised by a committed and caring adoptive family.
When adoption by a relative, kin, or foster parent is not an option, the agency should place the child in an approved adoptive home. There may be approved families waiting that may be appropriate for the child, or potential adoptive families may need to be recruited specifically for the child. Recruitment activities should include the use of media resources. The faith community is another valuable resource when recruiting potential adoptive families. The County Departments of Social Services shall have current information available for prospective adoptive families that describes the kind of children needing placement, the availability of Adoption Assistance, and procedures for referring families they are unable to serve to other child placing agencies. In any case, all children who are free for adoption and who are not in their identified adoptive home shall be referred for listing on the North Carolina Adoption Exchange and in the North Carolina Photo Adoption Listing Service (PALS) book.
When adoption is being considered as a permanent plan, satisfactory answers to the following questions are needed:
Agency Requirements Towards Adoption
• When adoption becomes the primary permanency plan for a child, the agency shall within thirty (30) days develop a child-specific written strategy for recruitment of an adoptive home. At a minimum, the plan shall document the child-specific recruitment efforts such as the use of state, regional, and national adoption exchanges including electronic exchange systems to facilitate orderly and timely in-state and interstate placements. The agency shall document its diligent and consistent efforts to locate and place the child in an appropriate adoptive home.
• When adoption is the alternative or secondary permanency plan for a child, the agency shall search for an appropriate adoptive family. Both in-state and out-of-state options must be considered when making reasonable efforts to place the child in accordance with the permanency plan and to finalize the permanency plan.
• If adoption by a relative, kin, or foster parent is not an option, the agency should recruit an appropriate adoptive home for the child. Children and youth who are able to do so should be asked for their recommendations regarding potential adoptive families, since they may know individuals or families with whom they are comfortable.
• The agency shall conduct or arrange for an adoptive home study in accordance with agency policy.
• The agency shall have face to face contact with the child or youth at least monthly and shall keep the child appropriately informed about the agency’s progress.
• Children who are free for adoption and who are not placed in their probable adoptive home shall be referred by the agency for listing in the North Carolina Adoption Exchange and the North Carolina Photo Listing Service book, as well as regional and national adoption exchanges including electronic exchange systems, in order to facilitate matches between persons interested in adoption and the children who are available.
• If the agency is unsuccessful in locating a person willing to adopt the child within one year, the permanency plan shall be changed unless the agency is able to justify to the court why the plan should remain “adoption”. Justification will include the agency’s progress toward locating a person willing to assume legal responsibility for the child.
• Youth who are reluctant to consider adoption shall be given an opportunity to talk in a facilitated Child and Family Team Meeting about their concerns. Other permanency options shall be offered, and the adolescent’s preferred plan should be given strong consideration whenever feasible. Adolescents who wish to reunite with their birth families should be given an opportunity to visit them under decreasing supervision, and provided with 24-hour access to emergency support should an unsupervised visit become untenable. The social worker shall work with the adolescent to process the visitation experience and to develop strategies to cope with problems that may come up in future visits.
• If a parent whose rights have been terminated has satisfactorily resolved the issues that led to termination and, along with the child/youth requests to re-establish a parental relationship, the agency shall evaluate their situation in a facilitated Child and Family Team meeting to determine whether or not the agency would support re-adoption by the birth parent.
Occasionally, a child may be placed in a “legal risk placement.” A legal risk placement is the placement of a child who is not legally cleared for adoption at the time placement occurs. The family selected for placement of a child in such situations should have completed the adoptive study process and be deemed suitable to meet the child’s needs. Prior to placement, the family should be fully informed of the child’s legal status and of the potential that the child will be removed from their home should legal clearance not be accomplished for some reason. The family should be given time to consider carefully and thoroughly all aspects of undertaking a legal risk placement.
The purpose of legal risk placement is to move the child into a permanent home as soon as possible without jeopardizing the legal or social well-being of the child. Since, in making a legal risk placement, the agency does not yet have authority to consent to the child’s adoption, the home in which the child is to be placed must be licensed as a foster home or approved by a court order. Legal risk placements are appropriate when the child is not yet legally free for adoption but there is a high probability that parental rights will be terminated. Legal risk placements have the advantage of providing an early transition for the child into the family where they are expected to live. The child and family can begin to form attachments with one another. Legal risk placements should only be used after careful consideration and preparation of the adopting family. It is strongly recommended that the agency consult with their attorney before pursuing this option.
When reunification efforts are determined to be contrary to the health, safety or best interest of a child who is in the legal custody or placement authority of the county department, the county shall assess relative or kinship placements as a permanency option, including the child’s birth father and paternal relatives. If the family is willing to provide a permanent home for the child but is not willing to adopt, then guardianship and custody should be offered to the family as alternatives. The court must order a specific visitation plan in any custody order (unless the specific findings support no visitation). When seeking guardianship, the agency is strongly encouraged to make a recommendation to the court regarding a specific visitation plan as many guardianship orders have been remanded on this issue since visitation is one of the specific rights that parents retain if guardianship becomes the permanent plan.
Juvenile Court Guardianship, as described in N.C.G.S. § 7B-600, assigns legal authority for the custodian to act on behalf of the child without further agency involvement, but with continued supervision of the court. The legal authority of the guardian includes:
• the care, custody and control of the juvenile,
• the authority to arrange placement for the juvenile,
• the right to represent the juvenile in legal actions before the court,
• the right to consent to actions on the part of the juvenile including marriage, enlisting in the armed forces, and enrollment in school;
• a guardian may consent to remedial, psychological, medical or surgical treatment for the juvenile.
The authority of the guardian continues until the court terminates the guardianship or until the child is eighteen (18) years of age or is emancipated by the court. A guardian may resign from the position of guardian, but his/her authority cannot be removed unless he is determined by the court to be unfit. Juvenile Court guardianship does not confer authority over the disposition of a child’s estate or management of his income
Persons assuming legal guardianship of children in the custody of the agency are not eligible for state foster care board payments. They are eligible for child support paid by the parents. The child may also be eligible for Medicaid, since the guardian’s income is not considered. Countable income includes Social Security benefits, child support payments and, if applicable Guardianship subsidy. If a person accepts guardianship of a child who was in foster care and later adopts that child, he will be able to receive adoption assistance payments on behalf of the child until the child is eighteen (18) years of age.
Agency Requirements Towards Guardianship
• Guardianship shall only be considered when reunification and adoption are ruled out as permanency options.
• The agency shall conduct and demonstrate diligent efforts to locate a suitable person who is willing to assume guardianship of the child. Both in-state and out-of-state options must be considered when making reasonable efforts to place the child in accordance with the permanency plan and to finalize the permanency plan. Such efforts shall be documented in the case record and the court report.
• If the agency is unsuccessful in locating a person willing to assume guardianship of the child within one year, the permanency plan shall be changed unless the agency is able to justify to the court why the plan should remain “guardianship.” Justification will include the agency’s progress toward locating a suitable person willing to assume legal responsibility for the child.
• The agency shall assess the suitability using the Comprehensive Assessment for Guardianship (DSS-5205) of the home for guardianship placement and shall recommend to the court based on their findings.
• The agency shall assist the prospective guardian through the court process and shall help him understand the responsibilities of guardianship.
• The agency will assure that the guardian is aware of resources that may be available to the family should they later decide to adopt the child.
• The agency shall remain available to provide follow-up services to the guardian on an as-needed basis for six months, in order to assure the stability and health of the placement. Please see the discussion regarding aftercare in the Family Services Manual Volume I; Chapter XIII: Child Welfare Funding Manual for information on how to fund these services.
In concurrent permanency planning, relatives and kin should be identified early and assessed for their potential as possible permanent placements for the child. North Carolina law requires the judge who orders a child’s placement or continued placement to consider whether an appropriate placement with a relative is available. If the judge finds that a relative is willing and able to provide proper care and supervision in a “safe home,” the judge must order placement of the child with the relative unless the court finds that the placement is contrary to the best interests of the juvenile. When placement with a relative for the purposes of foster care is made, consideration should be made as to the potential for that placement to become permanent through adoption or guardianship if reunification with the parent is not possible.
For relevant questions to be considered before identifying legal guardianship as the permanent plan, refer to the list of questions at the end of the discussion on legal custody. Legal guardianship can be given to a relative or any other person deemed suitable by the Court. Persons other than relatives to consider include foster parents or adults who have a kinship bond with the child, even if they are not related by blood.
Legal custody is another permanency option for children, although legal custody is less “legally secure” than adoption or guardianship. Custody may be terminated on the basis of a change in circumstances, regardless of the fitness of the guardian. The judge can order legal custody of a child to a relative, foster parent, or other adult person deemed suitable by the court. Legal custody has most of the same advantages and disadvantages as legal guardianship. The specific rights and responsibilities of a legal custodian, however, are defined by the court order rather than being fully defined in law. The custodian must show the court order to prove their right to act in a parental role.
Questions to consider when determining the recommendation for legal guardianship or legal custody are as follows:
While legal custody is not well defined in statute, it implies responsibility for the oversight of the child’s care, protection, training, and personal relationships. Neither guardianship of the person nor custody confers authority over the disposition of the child’s estate. If the child either has an estate or receives income, such as through the Social Security Administration (SSA), separate court action should be initiated to establish guardianship of the estate. For additional information on the appointment and responsibilities of the guardian of the estate, refer to N.C.G.S. § 35A-1250; N.C.G.S. § 35A-1252; and N.C.G.S. § 1253.
A judge can order legal custody of a child to a relative, foster parent, or other adult person deemed suitable by the court. The specific rights and responsibilities of the legal custodian are spelled out in the court order and may be as extensive as that of a guardian or limited. Again, the court must order a specific visitation plan in any custody order (unless the specific findings support no visitation). When seeking custody with a court approved caretaker, the agency is strongly encouraged to make a recommendation to the court regarding specific visitation plan as many custody orders have been remanded on this issue since visitation is one of the specific rights that parents retain if custody becomes the permanent plan.
Agency Requirements Towards Legal Custody
• The agency shall conduct and demonstrate diligent efforts to locate a suitable person who is willing to assume custody of the child. Both in-state and out-of-state options must be considered when making reasonable efforts to place the child in accordance with the permanency plan and to finalize the permanency plan. Such efforts shall be documented in the case record and the court report,
• If the agency is unsuccessful in locating a person willing to assume custody of the child within one year, the permanency plan shall be changed unless the agency is able to justify to the court why the plan should remain “custody”. Justification will include the agency’s progress toward locating a suitable person willing to assume legal responsibility for the child.
• The agency shall provide information to the potential custodian about more permanent and legally secure options, including adoption and legal guardianship.
• The Kinship Care Comprehensive Assessment (DSS-5204) shall be conducted to assure that the placement is physically appropriate.
• Potential conflicts with the birth parent shall be evaluated and discussed with the custodian.
5. Another Planned Permanent Living Arrangement (APPLA)
This plan shall only be an appropriate primary permanency goal for youth who are age 16 to 18, or as a concurrent permanency goal for youth who are age 14 to 18.
APPLA is:
• A permanent living arrangement for a youth age 14 or over who resides in a family setting which has been maintained for at least the previous six (6) concurrent months; and
• in which the youth and caregiver have made a mutual commitment of emotional support and
• the youth has been integrated into the family; and
• the youth and caregiver are requesting that the placement be made permanent; and
• other permanency options, including adoption, guardianship, and custody have been determined to be inappropriate for the situation due to the youth’s long-term needs;
• APPLA must be initially approved by the court and the Permanency Planning Action Team (PPAT) or within a CFT meeting prior to the change in the permanency plan and periodically reviewed by the court. The youth shall participate actively in court decisions regarding APPLA either through direct testimony or through written depositions to assure that the youth’s preferences are heard and respected.
APPLA may be appropriate for relative or non-relative placements in licensed or court-approved non-licensed homes when the above criteria are met. The agency retains legal custody of the youth for the period of the APPLA. If the family is a licensed caregiver or becomes licensed, they shall receive standard board payments to help support the placement. If they are not a licensed foster care facility, they shall be informed of and given the opportunity to become licensed.
Agency Requirements Towards APPLA
The agency shall be required to provide and document services as follows:
• Child Placement Services to ensure the child’s ongoing safety and well-being needs are met.
• Provision of relevant LINKS services, based on a written, objective assessment, and a plan developed with the youth (for additional information on LINK please refer to the North Carolina Links portion of the Family Services Manual Volume I; Chapter IV: 1201 – Child Placement Services).
• Access to resources for the youth through the LINKS program and other resources as appropriate;
• Diligent efforts to help the youth to establish a strong personal support network with friends and relatives; and
• Post-placement support for the caregiver in order to avoid placement disruption. Please see the discussion regarding aftercare in Chapter XIII: Child Welfare Funding Manual for information on how to fund these services.
• APPLA must be reviewed at least every six (6) months, or more often as needed, at a facilitated CFT meeting, which includes the youth and caregiver, and their supports, as well as the agency LINKS liaison. The CFT meeting shall review the plan and the agency’s effort to maintain the stability of the placement and to assist the youth in his transition to independence (for additional information on Child and Family Team Meetings, please refer to Family Services Manual Volume I, Chapter VII – Child and Family Team Meetings).
• Permanency planning hearings shall be conducted at required intervals and shall review agency recommendations and reports of the APPLA placement.
In discussing the Order on Permanency Planning Review25, N.C.G.S. § 7B-907(c) reads:
At the conclusion of the hearing, the judge shall make specific findings as to the best plan of care to achieve a safe, permanent home for the juvenile within a reasonable period of time. The judge may appoint a guardian of the person for the juvenile pursuant to G.S. 7B-600 or make any disposition authorized by G.S. 7B-903 including the authority to place the child in the custody of either parent or any relative found by the court to be suitable and found by the court to be in the best interest of the juvenile. If the juvenile is not returned home, the court shall enter an order consistent with its findings that directs the department of social services to make reasonable efforts to place the juvenile in a timely manner in accordance with the permanent plan, to complete whatever steps are necessary to finalize the permanent placement of the juvenile, and to document such steps in the juvenile's case plan. Any order shall be reduced to writing, signed, and entered no later than 30 days following the completion of the hearing. If the order is not entered within 30 days following completion of the hearing, the clerk of court for juvenile matters shall schedule a subsequent hearing at the first session of court scheduled for the hearing of juvenile matters following the 30-day period to determine and explain the reason for the delay and to obtain any needed clarification as to the contents of the order. The order shall be entered within 10 days of the subsequent hearing required by this subsection.
Emancipation
While emancipation is not a permanent placement option, and while very few youth pursue this (fewer still achieve), the process of emancipation is an issue that county departments may, at some point, be required to address. Therefore, a brief review is warranted. Emancipation occurs in a very few cases, whether through marriage, joining the armed forces, or emancipation by the court. Some youth will leave foster care without ever achieving a permanent family. It is the responsibility of the agency to prepare these children for self-sufficiency. It is also the responsibility of the agency to assist the child in forming a positive attachment to adults who can be a resource to that youth through the rest of their childhood and into adulthood. Efforts to achieve a permanent plan for the youth should always remain active.
If the director of the department of social services is asked to consent to marriage of a child in the agency’s custody, or to give permission for that child to join the armed services, exceptionally careful consideration shall be given to ensure that the child’s safety and needs will be provided. Under N.C.G.S. § 7B-3500 children ages 16-18 may petition the court for a judicial decree of emancipation while N.C.G.S. § 7B-3504 states that in determining the best interests of the petitioner, the court will make the following considerations:
After the final decree of emancipation, the petitioner has the same right to make contracts and conveyances, to sue and be sued, and to transact business as if he/she were an adult. The parent is relieved of legal duties and obligations owed to the petitioner and are divested of all rights with respect to the petitioner. The decree of emancipation is irrevocable. Again, emancipation is not a permanent placement option.
For organizational purposes this chapter explores the intersection between the juvenile court and child welfare up to the point of TPR (which is examined next in this chapter). For adoption policies relative to court issues, please refer to Family Services Manual Volume I; Chapter VI; Section 1302 – Legal Guides.
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For questions or clarification on any of the policy contained in these manuals, please contact your local county office. |
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13 Mason, J. (2003) Reporting Child Abuse and Neglect in North Carolina (2nd ed.). Chapel Hill: The University of North Carolina at Chapel Hill Institute of Government.
14 Refer to Attachment 4 (AOC-J-130)
15 Refer to Attachment 8 (AOC-J-142)
16 Refer to Attachment 5 (AOC-J-150)
17 North Carolina Guardian ad Litem Fact Sheet. (n.d.). Retrieved May 10, 2008, from http://www.nccourts.org/citizens/gal/factsheet.asp
18 Child Planning Conferences. (n.d.). Retrieved May 10, 2008, from http://www.nccourts.org/county/wayne/programs/family/cpc.asp.
19 Jones, W.G. (2006) Working with the Courts in Child Protection. Washington, D.C. United States Department of Health and Human Services, Administration for Children and Families.
20 Refer to Attachment 11 (Sample Order on Non-Secure Custody)
21 Refer to Attachment 12 (Sample Order on Adjudication)
22 Refer to Attachment 13 (Sample Oder on Disposition)
23 Refer to Attachment 14 (Sample Order on Ninety-Day Review)
24 Refer to Attachment 15 (Sample Order on Six-Month Review)
25 Refer to Attachment 16 (Sample Order on Permanency Planning Review)