FWSN-advisorybd-repo.. - The Connecticut Juvenile Justice Alliance

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community-based service, abiding by a curfew, requiring school attendance, complying with school rules, requiring obedience of the parent’s rules and a variety of other orders which seek to reduce at risk behaviors. Chart 5 describes the dispositional options available to the judge. Chart 5 COURT PROCESS DISPOSITIONAL OPTIONS Adjudicated FWSN Disposition Written warning of consequences for violations of court orders DCF Voluntary Services FWSN Supervision YSB/Community Service Commit to DCF for not more than 18 months – if least restrictive alternative available The dispositional option of commitment to DCF is for a period of time not greater than eighteen months. Under the federal Adoption and Safe Families Act, 18 the court is required to make “reasonable efforts” findings and hold a permanency review hearing twelve months from the date of placement for a child who is committed as a child from a FWSN. “The regulations clarify that delinquents and status offenders placed in Title IV-E eligible placements must meet the same requirements as dependent children.” 19 Current state law is silent on this issue and Connecticut risks loss of federal funds that are reimbursed for the cost of care to the General Fund for failure to comply. The Advisory Board is recommending changes to Section 46b-149 to include the requirement for permanency plan reviews for committed FWSN children to ensure compliance. (For detailed proposed statutory changes see Appendix IX.) 18 The Adoption and Safe Families Act (ASFA) incorporates the 1997 amendments to Title IV-B and IV-E of the Social Security Act, 42 U.S.C. §§ 620-632, 670-679. The regulations promulgated by the US Department of Health and Human Services related to ASFA govern federal reimbursement for certain Title IV-B out of home placements. 19 Debra Raterman Baker, Howard Davidson, Heidi Redlich Epstein, Cecilia Fiermonte, Mark Hardin, Veronica Hemrich, Molly Hicks, Eva Klain, Anne Marie Lancour, Mimi Laver, Jennifer Renne Making Sense of ASFA Regulations: A Roadmap for Effective Implementation, (Washington, D.C...American Bar Association), 2001, 17. 43
DCF may petition the court for an extension of the commitment of the child for not more than an additional eighteen months. To extend, the court must find that the extension is in the “best interest” of the child and that no suitable less restrictive alternative is available. Additionally, DCF may seek to discharge a committed child at any time. A parent may seek to revoke the commitment, but not more than once every six months following the date of the commitment. F. FWSN Post Adjudication Process 1. Violation of a Court Order (VCO) A major reform implemented on October 1, 2007 was the prohibition of the placement, by the court, of an adjudicated child in detention for a violation of a court order. Previously, a FWSN child violating a court order would be treated as a delinquent. P.A. 07-4 now treats a violation of a court order as an additional FWSN allegation and requires the filing of a new petition alleging such a violation. Such a violation no longer constitutes a delinquent act. Under P.A. 07-4, section 32(a), if a child from a Family with Service Needs violates a valid order of the court, a juvenile probation officer may file a petition alleging the violation based on receipt of a complaint setting forth the facts alleging the violation or based on the juvenile probation officer’s own motion or knowledge of the violation. The child is entitled to an attorney and an evidentiary hearing on the allegations. If no violation is found, the case is dismissed and erased. If a violation is found, the court determines the least restrictive alternative available to meet the child’s and the community’s needs. The court may order the child to remain in the child’s home or in the custody of a relative or any other suitable person. If the court finds that there is no less restrictive alternative appropriate to meet the needs of the child and the community, the court may enter an order that directs or authorizes a peace officer or other appropriate person to place the child in a staff-secure facility 20 for not more than forty-five days. If the child is placed in a staff-secure facility, the court must review the case every 15 days to consider whether continuing the placement is appropriate. At the end of the period of placement in the staff-secure facility, the child must be returned to the community and may be under the supervision of the juvenile probation officer. A third alternative is that the court may order the child committed to the care and custody of DCF for placement for a period not to exceed eighteen months and further order the child to cooperate with DCF. The Advisory Board is recommending substantive changes in Section 32(a) of P.A. 07-4, which are not yet codified, as the process for handling violation of a court order as articulated in P.A. 07-4 lacks certain basic due process protections and is inconsistent with other FWSN provisions. The act requires that a new petition be filed alleging the violation of court order. There is no provision for service of process. The standard of 20 See section on CSSD funded Families with Service Needs Center 44
Page 1 and 2: Families with Service Needs Advisor
Page 3 and 4: VI. Other Key Recommendations Relat
Page 5 and 6: Report to the General Assembly from
Page 7 and 8: In addition, minor changes to the r
Page 9 and 10: RECOMMENDATION THREE PROVIDE FUNDS
Page 11 and 12: RECOMMENDATION FIVE MAKE NEEDED CHA
Page 13 and 14: The Advisory Board is recommending
Page 15 and 16: ased preventive programs 4. Flex fu
Page 17 and 18: B. Recommendations related to Truan
Page 19 and 20: D. System-wide Prevention Strategie
Page 21 and 22: Intervention for DCF youth residing
Page 23 and 24: gender responsive programming to as
Page 25 and 26: and organizations represented inclu
Page 27 and 28: and to added referral to community
Page 29 and 30: C. Young FWSN Children In 2006 ther
Page 31 and 32: • Juvenile Review Boards (JRB) A
Page 33 and 34: are truant. The focus is to provide
Page 35 and 36: Presently, there is no data collect
Page 37 and 38: Juvenile probation officers provide
Page 39 and 40: The Family Support Center provides
Page 41 and 42: achievement and reentry. The progra
Page 43: Once the child is adjudicated as a
Page 47 and 48: ‣ Current Services for Court Invo
Page 49 and 50: hearing held every fifteen days. At
Page 51 and 52: IV. Lessons Learned from National L
Page 53 and 54: continuum of effective strength-bas
Page 55 and 56: E. Other programs include: Mediatio
Page 57 and 58: CORE RECOMMENDATION # 2: FUND AND E
Page 59 and 60: 2. Grades 6-8 3. Grade 9 a. In addi
Page 61 and 62: FWSN referrals submitted to court.
Page 63 and 64: CORE RECOMMENDATION # 5: MAKE NEEDE
Page 65 and 66: 4. Systemic, longitudinal evaluatio
Page 67 and 68: 3. Crisis/risk determination traini
Page 69 and 70: SDE’s Secondary School Redesign D
Page 71 and 72: truant students who attend school r
Page 73 and 74: Handling of FWSN cases. Confidentia
Page 75 and 76: In response to Special Act 04-5, DC
Page 77 and 78: for all DCF Social Workers and CSSD
Page 79 and 80: IX. APPENDICES Table of Contents Ap
Page 81 and 82: Appendix II FAMILIES WITH SERVICE N
Page 83 and 84: FWSN ADVISORY BOARD - TRUANCY SUBCO
Page 85 and 86: LEGISLATIVE DRAFTING SUBCOMMITTEE M
Page 87 and 88: States continue to struggle with th
Page 89 and 90: Appendix IV Detailed Population Dem
Page 91 and 92: Chart 1 shows a detailed analysis o
Page 93 and 94: Most of the assessed children score
Page 95 and 96:
Appendix V Highlights of Other Prog
Page 97 and 98:
The programs also provide preventio
Page 99 and 100:
Appendix VII Evaluation of FWSN sys
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Table of Contents Introduction Page
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considered “gender-specific” or
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filed during the months of April, M
Page 107 and 108:
or guardian, the child, parent or g
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general statutes, as amended by thi
Page 111 and 112:
X. GLOSSARY OF TERMS ADP - Alternat
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