Order Regarding Case Plan1 IN THE DISTRICT COURT OF THE ^^^^^ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ^^^^^ IN THE MATTER OF: ) ) ) ) ) ) [A Child][Children] Under Eighteen ) Years of Age.___________________________ ) Case No. ^^^^^ ORDER REGARDING CASE PLAN This case came before the court on _____________________________, for a case plan hearing pursuant to the Child Protective Act, Idaho Code Title 16, chapter 16. The court makes the following findings of fact, conclusions of law, and order, based on the record at the hearing. 1.2 a. The following parties were present for the hearing, represented by the following counsel: ___________________________________________________ _____________________________________________________________________. b. The following parties were not present for the hearing: _________ _____________________________________________________________________. c. The file shows that notice was given to ______________________ [the absent party] in the following manner: ___________________________________. [OPT] d. The following parents and/or legal guardian of the child have not appeared, the court file does not show that service of process has been completed, and further steps to identify, locate, and serve these persons are necessary: _______ _______________________________________________________________________. ORDER REGARDING CASE PLAN PAGE 1 American LegalNet, Inc. www.FormsWorkflow.com e.3 [OPT] The child is not an Indian Child [children are not Indian children] within the meaning of the Indian Child Welfare Act, 25 U.S.C. §§ 1901 – 1963. [ALT] e. The child is an Indian child [children are Indian children] within the meaning of the Indian Child Welfare Act, 25 U.S.C. §§ 1901 – 1963. The child is a member [children are members] of or is [are] eligible for membership in the __________ Tribe. [The court file contains proof that notice has been given to the Indian custodian, Indian Tribe, or Secretary of the Interior, as required by the Act.] [The court file does not contain proof that notice has been given in accordance with the Indian Child Welfare Act; further steps are necessary to serve process in accordance with the Act and to document completion of service in the court’s file.] [ALT] e. At the present time, it cannot be determined whether the child is an Indian child [children are Indian children] within the meaning of the Indian Child Welfare Act, 25 U.S.C. §§ 1901-1963. Further steps are necessary to determine whether the child is an Indian child [children are Indian children]. 2.4 The case plan is [approved] [approved with the following modifications: _____________________________________________________________________.] [ALT] 2. The case plan is rejected. The case plan is insufficient in the following respects: _____________________________________________________________ _____________________________________________________________________. 3.5 This order is entered based upon the following. ORDER REGARDING CASE PLAN PAGE 2 American LegalNet, Inc. www.FormsWorkflow.com a. This order is entered consistent with the stipulation of the parties. The court finds that all parties entered into the agreement knowingly and voluntarily and that the stipulation has a reasonable basis in fact. b. This order is based upon the information set forth in ______________, prepared by ___________________, and dated _______________, which is incorporated by reference in this order. c. Specifically, the court finds and concludes as follows: _____________________________________________________________________ _____________________________________________________________________. 4.6 a. IDHW and all parties7 will comply with [the case plan] [the case plan as modified by this order.] The case plan is incorporated by reference in this order. Failure to comply with the plan may result in a finding of contempt, which is punishable by up to five days in jail and a fine of up to $5000.00. The parent’s [parents’] failure to comply with the plan could result in the filing of a petition to terminate parental rights. b. A review hearing is scheduled for [date, time, and location.] At the review hearing, the court will review the parties’ progress on the plan and determine whether any modifications need to be made to the plan. IDHW and the GAL will prepare written reports as to the parties’ progress on the plan, including any suggested modifications to the plan. The petitioner and the GAL will file the report with the court and serve copies of the report on the parties at least five days prior to the review hearing. [ALT] 4. a. This planning hearing is continued to [date, time and location]. ORDER REGARDING CASE PLAN PAGE 3 American LegalNet, Inc. www.FormsWorkflow.com b. IDHW is ordered to prepare a new case plan. The new plan will address the problems identified in paragraph 3 above. The petitioner will file the plan with the court and serve copies of the plan on the parties, at least five days prior to the hearing. [OPT] 5. a. The [^^^^^ County Deputy Prosecutor][Deputy Attorney General] and/or the Idaho Department of Health and Welfare will take all reasonable steps to identify, locate, and serve process upon the following persons: _________________________________________. If service of process is completed, the petitioner will file proof of service of process with the court. If service of process is not completed, the steps to identify, locate, and serve these persons will be documented in a written report to be filed with the court prior to the next scheduled hearing. [Reasonable steps will include, but are not limited to, the following: _______________________________________________________________________ ______________________________________________________________________.] [OPT] b. The petitioner and the Idaho Department of Health and Welfare will take all reasonable steps to determine whether the child is an Indian Child [children are Indian children], within the meaning of the Indian Child Welfare Act. If it is determined that the child is an Indian child [children are Indian children], the petitioner will serve process in accordance with the Indian Child Welfare Act and file proof of service of process with the court. The efforts to determine whether the [child is and Indian child] [children are Indian children] will be documented in a written report to be filed with the court prior to the next scheduled hearing. [Reasonable steps will include, ORDER REGARDING CASE PLAN PAGE 4 American LegalNet, Inc. www.FormsWorkflow.com but are not limited to, the following: _______________________________________________________________ ______________________________________________________________________.] 6.8 [Other] DATED this _____ day of ____________________, 20___. ______________________________ Magistrate Judge CERTIFICATE OF SERVICE I certify that on the _____ day of _______________, 20_____, I served true and accurate copies of the foregoing document on the following persons, either by deposit in the U.S. Mail, addressed as follows and with the correct first-class postage affixed thereto, or by deposit in the designated courthouse mailbox, or by fax to the number indicated below, or by hand-delivery, as indicated below: Name: Served by: [ ] Hand-delivery [ ] Deposit in the designated courthouse mailbox [ ] By fax to: ____________________ [ ] By deposit in the U.S. Mail addressed as follows: Name: Served by: [ ] Hand-delivery [ ] Deposit in the designated courthouse mailbox [ ] By fax to: ____________________ [ ] By deposit in the U.S. Mail addressed as follows: ORDER REGARDING CASE PLAN PAGE 5 American LegalNet, Inc. www.FormsWorkflow.com Name: Served by: [ ] Hand-delivery [ ] Deposit in the designated courthouse mailbox [ ] By fax to: ____________________ [ ] By deposit in the U.S. Mail addressed as follows: Name: Served by: [ ] Hand-delivery [ ] Deposit in the designated courthouse mailbox [ ] By fax to: ____________________ [ ] By deposit in the U.S. Mail addressed as follows: ____________________________ Deputy Clerk Last updated January 20, 2007. Click http://www.isc.idaho.gov/childapx.htm for most current version. 1 The Case Plan and Case Plan Hearing are governed by Idaho Code §16-1621 and IJR 44. Permanency Planning is discussed in Chapter VI of the Idaho Child Protection Manual. Chapter VI of the Manual contains a detailed discussion of the permanency planning process. The Case Plan Hearing, including the key decisions that must be made by the court, and the court’s order are discussed in the Manual at §VI.B. 2 If a parent, guardian, or other custodian fails to appear, the order should include findings that notice was served on the person who failed to appear. If a parent (including a putative father), guardian, or other legal custodian has not appeared and not been served, then the court should enter orders as necessary to ensure that the missing parties are identified, located, and served as early as possible in the proceedings, and that the court file contains documentation of service of process. Paternity testing may be necessary to confirm that a putative father is a child’s actual father. The importance of finding and including all parents whose rights have not been terminated, particularly in achieving permanency for the child, is discussed in the Idaho Child Protection Manual at §V.D.2. 3 The court should determine whether the child is an Indian child within the meaning of the Indian Child Welfare Act as early as possible in the proceedings. The court should continue to address this issue at each hearing until any issue as to the child’s status as an Indian child has been resolved, and if it is determined that the child is an Indian child, until the file continues documentation of notice in accordance with ICWA. The importance of compliance with ICWA, particularly in achieving permanency for the child, is discussed throughout the Idaho Child Protection Manual and in Chapter XI of the Manual. 4 In determining whether to approve, modify, or reject the case plan, the court should consider: ___ Whether the current foster care placement is the least disruptive environment and most family-like setting that meets the needs of the child. ORDER REGARDING CASE PLAN PAGE 6 American LegalNet, Inc. www.FormsWorkflow.com ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ Whether the plan identifies services to be provided to the child and the foster family, including services to identify and meet any special medical, educational, emotional, physical, or developmental needs of the child, to assist the child in adjusting to the placement, or to ensure the stability of the placement. Whether the reunification plan identifies all issues that need to be resolved before the child can safely be returned home without agency supervision. Whether the reunification plan specifically identifies the tasks to be completed by the agency, the parents, or others to address each issue, including services to be made available by the agency to the parents and in which the parents are to be required to participate and deadlines for completion of each task. Whether the reunification plan includes appropriate terms for visitation and child support (including sibling visitation where siblings have been placed separately). Whether the alternative permanency plan addresses all options for permanent placement of the child. Whether the alternative permanency plan assesses the advantages and disadvantages of each option in light of the child’s best interest. Whether the recommended option is in the child’s best interest. Whether the alternative permanency plan specifically identifies the actions necessary to implement the recommended option and deadlines for those actions. Whether the alternative permanency plan addresses options for maintaining the child’s connection to the community, including individuals with a significant relationship to the child and organizations or community activities with which the child has a significant connection. What further efforts are needed to finalize the alternative permanency plan or to implement the plan. What further efforts are needed to address any element of the case plan. Where legal custody of the child is vested in IDHW, the court should inquire into IDHW’s proposed placement for the child, to ensure that it will be the least disruptive placement available, and in the most family-like setting that meets the needs of the child, in accordance with Idaho Code § 16-1629(11). The court does not, however, have authority to order a specific placement for a child placed in IDHW custody. See Idaho Code §16-1629(8). If the proposed placement is unacceptable, the court can reject the plan and require filing of a new plan with an acceptable proposed placement. Options for permanence in the alternat permanency plan, in order of priority, are: termination of parental rights and adoption, guardianship, and long-term foster care. Adoption and guardianship can include placement with a family member. Where reunification is not in the child’s best interest, then the objective is to determine and facilitate a placement that will provide the child with a permanent family relationship that will last throughout the child’s lifetime, with full and permanent responsibility to the new caregiver(s), that is legally secure from modification, and without ongoing state intervention or monitoring. Termination and adoption is the best option for permanence, but there may be other factors affecting the child’s best interest that outweigh the goal of permanence, and therefore warrant one of the other placement options. If guardianship is chosen, the court should determine, and the plan should document, why guardianship better meets the child’s best interest than termination of parental rights and adoption. If long-term foster care is chosen, the court should determine, and the plan should document, the compelling reasons why long-term foster care better meets the child’s best interest than the higher priority options. 5 The order should include findings and conclusions sufficient to support the court’s actions. The more severe the action, or the more contested the proceedings, the more detailed the findings should be. In addition, IJR 38 sets forth the requirements for stipulations in child protection cases. The rule requires the court to find that the parties entered the agreement knowingly and voluntarily, that the stipulation has a ORDER REGARDING CASE PLAN PAGE 7 American LegalNet, Inc. www.FormsWorkflow.com reasonable basis in fact, and that the agreement is in the best interest of the child. The rule further states that an order based on a stipulation must include all case-specific findings required by state or federal law. 6 Review hearings must be held at least once every six months after entry of the decree. Idaho Code §161622(3). Review hearings should be held at least once every three months, unless there is good reason why more frequent review is unnecessary. The CPA does not require IDHW or the GAL to submit written reports for a review hearing, but the court can require them to do so. Filing of review reports is recommended as best practice, to document the parties’ progress in the court record, and to support later court actions. 7 The phrase “IDHW and all parties” is used in this form because there is a pending, unresolved debate regarding whether the department is a party or a participant in child protective act cases. 8 The order should include any other matters that need to be addressed to provide for the welfare of the child, to promote resolution of the case, or to prepare for the review hearing. For example: ___ Other parties who need to be served and joined (other parent, Indian tribe) ___ Orders needed for examination, evaluation, other services, pending the review hearing ___ Orders needed for release of information (medical records, school records) ___ Paternity testing ___ Other persons to be summoned for the review hearing ___ Potential for mediation ___ Transport orders (if parent or child is in detention, jail, or prison) ORDER REGARDING CASE PLAN PAGE 8 American LegalNet, Inc. www.FormsWorkflow.com