(These Questions should be asked in Court to the caseworker and GAL/Kids Attorney) At the first hearing

             After reviewing the Service Plan you delivered a number of issues must be resolved in order for us to move forward in completing an effective and appropriate Service Plan.

             In accordance with your wishes for me to work with the children’s Caseworker and development of a plan I want to be assured that the plan meets the letter and federal intent of the Child Welfare Act and other applicable law. It is of paramount importance that you respond to my request for information in order to complete a service plan. I am asking that all your responses be in writing.      

             First, the construction of a case plan must keep within the intent and objectives of (1356.21(f) 475(5)(B)) subsequent reviews that will specifically;           

(1)      determine the safety of the child, the continuing need for and appropriateness of the placement,

(2)      determine the extent of compliance with the case plan,

(3)      determine the extent of progress made towards alleviating or mitigating the causes necessitating the placement, and

(4)      project a likely date by which the child may be returned and safely maintained at home or placed for adoption or legal guardianship.

475(1)(B) includes a plan for assuring that the child receives safe and proper care, and services are provided to the parent(s) in order to improve the conditions in the parent's (parents') home to facilitate the child's return to his/her own safe home or the permanent placement of the child;  

In order to meet these sections of law, all the issues that have caused my children to be removed must specifically be written as part of the case plan. Establishing this base will enable us to more clearly measure the level of progress made towards alleviating or mitigating the causes necessitating the placement of the children, and to determine if sufficient progress was made toward the goal of returning home all the children at the earliest time possible.

            I trust you will appreciate my efforts as set forth below in narrowing the scope to only issues effected by law dealing with child protection matters, most specifically those laws pertaining to the core issue of  “serious harm” as defined in law.

In your proposed Service Plan you state the following:

These are the problems that the Department believes or the Court has found are affecting the child/ren’s safety and well-being:

The Department believes that Parent’s Name failed to protect her children, and those of Parents Name, from both physical and emotional abuse from Parent’s Name.

The Department understands that there is a long history of domestic  violence between Childs Name and Parent’s Name.

The Department believes that Childs Name does not demonstrate an understanding of her children’s needs for safety. The family is blaming  Put Name Here  for their DHS involvement.

The court has found the children to be in immediate risk of serious harm for the following reasons:

Court: Parent’s Name has been both physically abusive and emotionally abusive to Children’s Names.  Parents Name has failed to protect the children from said abuse; she continues to deny that the abuse occurred, and cannot be relied upon to protect the children. DHS attempted a safety plan whereby children were to remain with Parent’s Name, provided she allowed no contact between any of them and Parent’s Name. Parent’s Name did not comply with said safety plan. 

             As to your claim that:

The Department believes that Parent’s Name failed to protect her children, and those of Parent’s Name, from both physical and emotional abuse from Parent’s Name.       

1)      Specifically state how I failed to protect my child Childs  Name from physical abuse; when said physical abuse occurred; how often said physical abuse occurred; rate the severity of the physical abuse; define the physical evidence exhibiting said physical abuse, and explain to me how and why each of your claims of said physical abuse met the legal threshold of “serious harm” as defined in State law. 

2)      Specifically state how I failed to protect my child Childs  Name from emotional abuse; when said emotional abuse occurred; how often said emotional abuse occurred; rate the severity of the emotional abuse; define the evidence exhibiting said emotional abuse, and explain to me how and why each of your claims of said emotional abuse met the threshold of “serious harm” as defined in State law.

3)      Specifically state how I failed to protect Childs  Name from physical abuse; when said physical abuse occurred; how often said physical abuse occurred; rate the severity of the physical abuse; define the physical evidence exhibiting said physical abuse, and explain to me how and why each of your claims of physical abuse met the legal threshold of “serious harm” as defined in State law.

4)      Specifically state how I failed to protect Childs  Name from emotional abuse; when said emotional abuse occurred; how often said emotional abuse occurred; rate the severity of the emotional abuse; define the evidence exhibiting said emotional abuse, and explain to me how and why each of your claims of said emotional abuse met the threshold of “serious harm” as defined in State law.

5)      Specifically state how I failed to protect my child Child’s Name  from physical abuse; when said physical abuse occurred; how often said physical abuse occurred; rate the severity of the physical abuse; define the physical evidence exhibiting said physical abuse, and explain to me how and why each of your claims of said physical abuse met the legal threshold of “serious harm” as defined in State law.

6)      Specifically state how I failed to protect my child Child’s Name  from emotional abuse; when said emotional abuse occurred; how often said emotional abuse occurred; rate the severity of the emotional abuse; define the evidence exhibiting said emotional abuse, and explain to me how and why each of your claims of said emotional abuse met the threshold of “serious harm” as defined in State law.

7)      Explain why the “Department’s belief” that I “failed to protect” is not misconstrued with “failed to understand a legal threshold” regarding “serious harm”.

8)      Give facts as to why Reasonable Efforts to immediately return any or all of the children back home to my care could not be accomplished, particularly if the department provided me a one hour course that would clearly define the legal threshold approaching “serious harm” to which I would adhere in order to prevent physical or emotional abuse.

9)      There were never any allegations let alone findings of abuse or neglect regarding Child’s Name . Specifically state why, in the absence of a court order, you placed my child Child’s Name  in foster care.

             As to your claim that:

The Department understands that there is a long history of domestic violence between Childs Name and Parent’s Name.

10)  Specifically state how I failed to protect my child Childs  Name from physical abuse as a result of said domestic violence; when said physical abuse as a result of said domestic violence occurred; how often said physical abuse as a result of said domestic violence occurred; rate the severity of the physical abuse as a result of said domestic violence; define the physical evidence exhibiting from physical abuse as a result of said domestic violence, and explain to me how and why each of your claims of said physical abuse as a result of said domestic violence met the legal threshold of “serious harm” as defined in State law.

11)  Specifically state how I failed to protect Childs  Name from physical abuse as a result of said domestic violence; when said physical abuse as a result of said domestic violence occurred; how often said physical abuse as a result of said domestic violence occurred; rate the severity of the physical abuse as a result of said domestic violence; define the physical evidence exhibiting from physical abuse as a result of said domestic violence, and explain to me how and why each of your claims of said physical abuse as a result of said domestic violence met the legal threshold of “serious harm” as defined in State law.

12)  Specifically state how I failed to protect my child Child’s Name  from physical abuse as a result of said domestic violence; when said physical abuse as a result of said domestic violence occurred; how often said physical abuse as a result of said domestic violence occurred; rate the severity of the physical abuse as a result of said domestic violence; define the physical evidence exhibiting from physical abuse as a result of said domestic violence, and explain to me how and why each of your claims of said physical abuse as a result of said domestic violence met the legal threshold of “serious harm” as defined in State law.

             As to your claim that:

The Department believes that Childs Name does not demonstrate an understanding of her children’s needs for safety. The family is blaming  Name  for their DHS involvement.

13)  Specifically state how I failed to demonstrate an understanding of my Childs  Name needs for safety; when said failures occurred; how often said failures occurred; rate the severity of said failures resulting in physical or emotional abuse that reached the threshold of “serious harm” as defined in State law; define the physical or emotional evidence exhibiting said failure as a result of my lack in demonstrating and understanding my child Childs  Name needs for safety.

14)  Specifically state how I failed to demonstrate an understanding of Childs Name’s needs for safety; when said failures occurred; how often said failures occurred; rate the severity of said failures resulting in physical or emotional abuse that reached the threshold of “serious harm” as defined in State law; define the physical or emotional evidence exhibiting said failure as a result of my lack in demonstrating and understanding Childs Name’s needs for safety.

15)  Specifically state how I failed to demonstrate an understanding of my child Child’s Name needs for safety; when said failures occurred; how often said failures occurred; rate the severity of said failures resulting in physical or emotional abuse that reached the threshold of “serious harm” as defined in State law; define the physical or emotional evidence exhibiting said failure as a result of my lack in demonstrating and understanding my Childs Name needs for safety.

As to your claim that:

The family is blaming  Name  for their DHS involvement.

16)  Specifically state how the above (IE:) “family disagreement” reaches the threshold of “serious harm” as defined in State law. (Note: Caseworker told Child’s Name  at the park during an interview (while referring to  Name ), “She’s not lying, Child’s Name .” Caseworker then stated,

“Shut up, Child’s Name .” (According to Child’s Name ’s story when she returned home that day.) State how caseworker disagreement and statement to “Shut up, Child’s Name ” is not harmful, but your claim that a disagreement from a sibling or parent reaches the threshold of “serious harm”? (Note: In our family of seven, six of us concur that  Name  is not truthful about claims she made to DHS regarding abuse. The school has put me on notice in the past that  Name  is a habitual liar. The foster mother wanted  Name  out of her house because she stated that  Name  was a liar, and felt threatened that she would lie again and cause problems. Name stated that the GAL and caseworker both told her that they don’t believe her. The state is trying to make a case that all the children (except  Name ) and I are liars. Explain how DHS involvement has not harmed or made matters worse for this family as a result of their involvement and method of working with our family?

In your proposed Service Plan you further state the following:

These are the things the Department/Court believes must be done:

Substance abuse evaluation and follow through with recommendations.

Psychological evaluation to include a parental capacity assessment and follow the recommendations of that evaluation.

Random drug testing.

                                    Family Builders services.

As to the issue of:                                                                                    

Substance abuse evaluation and follow through with recommendations.

17)  Specifically state how the department’s claim of substance abuse has resulted in serious physical harm to each of my children, Child’s Name , or to Childs  Name.

18)  Specifically state when each claim of substance abuse resulted in serious physical harm, as defined by State law, to each of my children Child’s Name , or to Childs  Name.

19)  Specifically state how often substance abuse resulted in serious physical harm, as defined by State law, to each of my children Child’s Name , or to Childs  Name.

20)  Rate the severity of each claim of substance abuse that resulted in serious physical harm, as defined by State law, to each of my children Child’s Name  or to Childs  Name,

21)  Define the physical evidence exhibiting serious harm as a result of substance abuse as defined by State law, to each of my children Child’s Name  or to Childs  Name.

22)  Specifically state how substance abuse evaluation is going to alleviate or mitigate the cause necessitating the placement of my children Child’s Name  and Childs  Name in foster care.

23)  Specifically define the substance abuse base you believe to establish and the measurable goals you are to use in order to return the children back to their home.

24)  Explain how your request for substance abuse evaluation is not a witch hunt, a fishing expedition, or ploy – used to violate my rights to privacy, frustrate, stall or impede my rights to have my children returned home in a timely manner, or to give a false impression that the Department is engaged in providing proper and meaningful services absolutely required in order to alleviate or mitigate the causes for necessitating the placement of my children in foster care.

25)  Explain why Reasonable Efforts to offer and provide substance abuse evaluation cannot be made while the children are placed at home with me?

             As to the issue of:

Psychological evaluation.

26)  Specifically state the psychological pathology the Department claims has resulted in serious harm, as defined by State State law, to each of my children Child’s Name , or to Childs  Name.

27)  Specifically state the psychological or pathological symptoms the department identified that suggest the need for a psychological evaluation.

28)  Explain how your request for psychological evaluation is not a witch hunt, a fishing expedition or ploy – used to violate my rights to privacy, frustrate, stall or impede my rights to have my children returned home in a timely manner, or to give a false impression that the department is engaged in providing proper and meaningful services, absolutely required in order to alleviate or mitigate the causes for necessitating the placement of my children in foster care.

29)  Explain why Reasonable Efforts to offer and provide a psychological evaluation cannot be made while the children are placed at home with me?

As to the issue of:

                        Parental capacity assessment.

30)  Specifically state what claims the Department is making in determining that a parental capacity assessment is necessary. If the claim is that a substantial deficiency in parental capacity exists, then state specifically the facts and methods used in making such a determination. If the claim is that a specific rather than a substantial deficiency in parental capacity exist, then specifically identify that deficiency.

31)  Explain how any deficiency in parental capacity has caused serious harm, as defined by State State law, to each of my children Child’s Name , or to Childs  Name.

32)  Specifically state how a parental capacity assessment is absolutely required in order to alleviate or mitigate the causes for necessitating the placement of my children in foster care.

33)  Specifically state what measurable goals will be set forth in order to determine that the parental capacity deficiency claimed by the Department, which caused or necessitated the placement of my children Child’s Name  and Childs  Name in foster care, has been alleviated or mitigated to a level that will allow all the children to return home.

34)  Explain how your request for parental capacity evaluation is not a witch hunt, a fishing expedition or ploy – used to violate my rights to privacy, frustrate, stall or impede my rights to have my children returned home in a timely manner, or to give a false impression that the Department is engaged in providing proper and meaningful services, absolutely required in order to alleviate or mitigate the causes for necessitating the placement of my children in foster care.

35)  Explain how your request for a parental capacity evaluation is not big government interference with my right to raise my family in the manner I choose within the limits of the law, and that said parental capacity evaluation is absolutely necessary to return all the children back home.

36)  Explain why Reasonable Efforts to offer and provide a parental capacity assessment cannot be made while the children are placed at home with me?

             As to the issue of:

                        Random drug testing.

37)  State the specific serious harm, as defined by State State law to each of my children Child’s Name , or to Childs  Name that was a result of drug usage,

38)  Specifically state the symptoms, identified by the Department, that suggest the need for random drug testing, and how the identified symptoms raised the Department’s concern to the level of serious harm, as defined in State State law.

39)  Specifically state what measurable goals from random drug testing will be established, in order to determine that a drug problem claimed by the Department, which caused or necessitated the placement of my children and Childs  Name in foster care, has been alleviated or mitigated to a level that will allow all the children to return home.

40)  Explain why Reasonable Efforts to offer and provide random drug testing cannot be made while the children are placed at home with me?

As to the issue of:

           Family Builders services.

41)  Specifically state what claims the Department is making in determining that family builder service is necessary, define what serious harm as defined by State State law to my children Child’s Name , or to Childs  Name that was the result of a deficiency from the lack of family builders services to which family builder services intends to fulfill in order to alleviated or mitigated the need that led up to the placement of my children Child’s Name  or Childs  Name.

42)  If the Departments claim is that a substantial deficiency from a lack of family builders services exist, then state specifically the facts and methods used in making such a determination.

43)  If the claim is that a specific, rather than a substantial deficiency exists, then specifically identify that deficiency, and how that deficiency has resulted in serious harm as defined in State State law to my children Child’s Name , or to Childs  Name.

44)  Specifically state what measurable goals from family builder services will be established in order to alleviated or mitigated the level of serious harm defined by State State law that resulted in the foster care placement of my children Child’s Name  and Childs  Name, and allow all the children to return home.

45)  Explain why Reasonable Efforts to offer and provide family builder services cannot be made while the children are placed at home with me?

In your proposed Service Plan you further state the following:

This is the support the Department will provide to make it safe for the child/ren (Including services to be authorized and paid for; visitation; transportation; caseworker activities):

                        Visitation.

Transportation.

Referrals for services.

Case management services.

Alternative placement for children.

Relative studies for potential placement.

As to the issue of:

           Visitation

46)  Please provide a detailed visitation plan in writing that meets all the elements of the written laws, rules and regulations authorized by State and Federal legislation that meet the intent of the various provisions of law.

47)  Explain what written laws rules and regulations authorized by State and Federal legislation you rely upon that appears to contrary to the family rights to the least restrictive most family like setting.

48)  Explain what written laws rules and regulations authorized by State and Federal legislation you rely upon to restrict family visitation to 90 minutes per week, limit phone calls to 5 minutes per day, restrict visitation to supervised visits, prevent the children from meeting with their best friends, restricting my children from freely visiting their grandmother, restricting my children from freely visiting any of their relatives, restricting all my children to monitored phone calls.

As to the issue of:

           Transportation

49)  Please provide a detailed transportation plan that you plan to provide “to make it safe” for my children.

             As to the issue of:

                        Alternative placement for children.

50)  Please provide an alternative placement plan in writing so I may promptly respond to your proposal.

             As to the issue of:

                        Relative studies for potential placement.

51)  Please provide the questionnaire you will be using to study the potential relative placement for my children and how you intend to complete this study in a timely fashion.

52)  The relative placement plan must include the following advantage:

A)    Prevent trauma caused by a child being placed in a strange setting;

B)     Keep the child integrated with the immediate as well as the extended family;

C)    Allow the extended family to become a resource for the family in need;

D)    Allow for relatives to question any negative effect or harm the department may have caused any of the children;

E)     Increases the chances of the children living within close proximity to the child’s school, church, close neighbors and friends, and other familiar settings etc.

F)     Comply with the family’s right to be placed in the least restrictive setting in close proximity to their home.

53)  In order to comply with 1356.21(g)(3) and 475(5)(A). After receiving and reviewing your answers to the above questions I will be contacting you for a meeting which “includes a discussion of how the case plan is designed to achieve a safe placement for the child in the least restrictive (most family-like) setting available and in close proximity to the home of the parent(s) when the case plan goal is reunification and a discussion of how the placement is consistent with the best interests and special needs of the child”.

54)  In order to maintain compliance with 475(5)(A)(i) please give a detailed reason to the following: “if the child has been placed in a foster family home or child-care institution a substantial distance from the home of the parent(s), or in a different State, sets forth the reasons why such a placement is in the best interests of the child”.

55)  In order to comply with 475(1)(B) please provide the following assurances in writing: “includes a plan for assuring that services are provided to the child and foster parents in order to address the needs of the child while in foster care.”

56)  Please give me an explanation of what will happen to my children if the State does not substantially comply with the laws, rules and regulations required in the service plan the family relies on to become reunited?

57)  Please provide proof that the Department has fully complied with the following Tile IV-E State Plan requirements:

                        STATE CERTIFICATIONS

Famoral integrity

1356.21(g)(1)

is a written document which is a discrete part of the case record,  in a format determined by the State, which is developed jointly with the parent(s) or guardian(s) of the child in foster care; and

1356.21(g)(2)

is developed within a reasonable period, to be established by the State, but in no event later than 60 days from the child’s removal from the home; and

1356.21(g)(4)

includes a description of the services offered and provided to prevent removal of the child from the home and to reunify the family; and

475(1)(A)

includes a description of the type of home or institution in which the child is placed; and

475(1)(A)

includes a discussion of the safety and appropriateness of the  placement and how the responsible agency plans to carry out the judicial determination made with respect to the child in accordance with 472(a)(1) of the Act; and

475(1)(B)

includes a plan for assuring that the child receives safe and proper care, and services are provided to the parent(s) in order to improve the conditions in the parent's (parents') home to facilitate the child's return to his/her own safe home or the permanent placement of the child; and

475(1)(B)

includes a plan for assuring that services are provided to the child and foster parents in order to address the needs of the child while in foster care; and  

1356.21(g)(3)

475(5)(A)

includes a discussion of how the case plan is designed to achieve a safe placement for the child in the least restrictive (most family-like) setting available and in close proximity to the home of the parent(s) when the case plan goal is reunification and a discussion of how the placement is consistent with the best interests and special needs of the child; and

475(5)(A)(i)

if the child has been placed in a foster family home or child-care institution a substantial distance from the home of the parent(s), or in a different State, sets forth the reasons why such a placement is in the best interests of the child; and

475(1)(C)

a.            Incorporates the health and education records of the child, to the extent available and accessible, including:

(1)      the names and addresses of the child's health and educational providers;

(2)      the child's grade level performance;

(3)      the child's school record;

(4)      assurances that the child's placement in foster care takes into account the proximity to the school in which the child is enrolled at the time of placement;

(5)      a record of the child's immunizations;

(6)      the child's known medical problems;

(7)      the child's medications; and

(8)      any other relevant health and education information concerning the child determined to be appropriate by the State agency.

Case Review 1356.21(f)

475(5)(B)

a.            a review of each child's status is made no less frequently than once every six months either by a court or by an administrative review to:

(5)      determine the safety of the child, the continuing need for and appropriateness of the placement,

(6)      determine the extent of compliance with the case plan,

(7)      determine the extent of progress made toward alleviating or mitigating the causes necessitating the placement, and

(8)      project a likely date by which the child may be returned and safely maintained at home or placed for adoption or legal guardianship.

1356.21(b)

471(a)(15)(A)&(B)

PREVENTIVE AND REUNIFICATION SERVICES

Reasonable efforts. The State makes reasonable efforts to maintain the family unit and prevent the unnecessary removal of a child from his/her home, as long as the child's safety is assured; to effect the safe reunification of the child and family (if temporary out-of-home placement is necessary to ensure the immediate safety of the child); and to make and finalize alternate permanency plans in a timely manner when reunification is not appropriate or possible.  In determining reasonable efforts to be made with respect to a child and in making such reasonable efforts, the child's health and safety is the State's paramount concern.  

1356.21(b)(1)(I)&

(ii)

1.       Judicial determination of reasonable efforts to prevent a child's removal from the home.

a.            When a child is removed from his/her home, the judicial determination, as to whether reasonable efforts were made or were not required to prevent the removal, is made no later than 60 days from the date the child is removed from the home.

b.             If the determination concerning reasonable efforts to prevent the removal is not made as specified above, the child is not eligible under the title IV-E foster care maintenance payments program for the duration of that stay in foster care.