Pre-filing

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Pre-filing
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Pre-filing Family Preservation Court
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In A Nutshell

• Discuss what a pre-filing family preservation
  court is.
• Justification for a pre-filing family
  preservation court.
• Components of a family preservation court.
• Establishing a pre-filing family preservation
  court.

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Family Preservation Court
is
Dependency Drug Court
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Family Preservation Court(or whats in a name?)
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Family Preservation Court
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What is Family Preservation Court?
An intensified, minimum of one year,
court-supervised substance abuse recovery program
designed to enhance the sobriety efforts of
parents in dependency matters to enable their
children to be safely maintained or returned to
them.
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So, what is Pre-filing Family Preservation Court?
An intensified, minimum of one year,
court-supervised substance abuse recovery program
designed to enhance the sobriety efforts of
parents prior to filing a dependency petition to
enable children to be safely maintained together
with their parent(s).
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In short
Pre-filing families attend Family Preservation
Court!
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The Need for a Pre-filing Family Preservation
Court
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Why We Need A Family Preservation Court?
Approximately 70 to 75 of the abuse and neglect
cases filed with the juvenile court involve
issues of
Substance Abuse!
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Pre-placement Preventative Effort Requirement
Requirement to make reasonable efforts to prevent
or eliminate the need for removal of children.
WIC 319(d)(1) CRC Rule 1446(c)(1)
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So, what are reasonable efforts?
Efforts reasonably calculated to eliminate the
problem causing the abuse and or neglect of
children.
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Pre-placement Preventative Efforts
Drug Court (FPC)
Pre-Filing Drug Court (FPC)
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Problems with Current System

1. Unavailability of treatment and other required
   services.
2. Inadequate time to provide treatment.
3. Untreated substance abuse problem likely to
   result in removal of children.
4. Overburdened social workers, attorneys and
   courts.
5. Cycle of abuse/generational.

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Advantages of Pre-filing Family Preservation Court

1. Provides immediate treatment.
2. Allows longer period of treatment.
3. Preserves integrity of the family.
4. Prevents issues caused by removing children.
5. Eliminates social worker reports.

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Justification for a Pre-Filing Family
Preservation Court
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Justification to whom?

• The Court
• Social Services
• Substance abuse treatment provider
• Your mom

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Motivating Your Court
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Not another boutique court!
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Pre-filing Family Preservation Courts Save
Resources!
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Saving Court Resources

• Judicial resources
• Filing costs
• Appointment of counsel

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Pre-filing Family Preservation Court is, in
effect, a Alternative Dispute Resolution (ADR)
Program!
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Need to Deal with Increasing Dependency Caseloads
YEAR (Jan-Dec) OF CASES FILED INCREASE OVER PRECEDING YEAR
2001 3724
2002 4109 10
2003 4155 1
2004 4779 15
2005 6302 38
2006 6898 11
Total 75 increase in 6 years.
Original Subsequent Petitions
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Legal Basis for a Pre-filing Family Preservation
Court
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Welfare Institutions Code 301 360(a)
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Pre-placement Preventative Effort Requirement
Requirement to make reasonable efforts to prevent
or eliminate the need for removal of children.
WIC 319(d)(1) CRC Rule 1446(c)(1)
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Partnering with Social Services to Establish and
Use a Family Preservation Court To Achieve Common
Goals.
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• Social Services and Court partnership improves
  child safety while supporting parental recovery.
• Court Officer is active on court team and is
  primary liaison between FPC Team and Social
  Services.

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Opportunity for Social Workers to Provide
Families with Early Intervention and Prevention
Services
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Components of Pre-filing Family Preservation Court
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Substance Abuse TreatmentMental Health Systems,
Inc.

• Immediate access to treatment
• Parenting and child education
• Relapse prevention/recovery plan for entire
  family
• Bi-lingual services
• Intensified supervision
• Drug testing

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Substance Abuse TreatmentMental Health Systems,
Inc

• Nurturing Families
• Life skills
• Access to state and federal child care programs
• Cultural competency
• Gender responsiveness
• C.C.I.S.C.(Comprehensive Continuous Integrated
  System of Care)

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Nurturing Families Program

• The Nurturing Families Program for Families in
  Substance Abuse Treatment and Recovery (an
  adaptation of the Nurturing Family Programs).
• It specifically addresses parenting domains known
  to be associated with drug abusing parents.
• The focus of the program is on relationships and
  emotional issues and the impact of drug abuse.

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Client Supervision

• Frequent court appearances
• Frequent FPC Team Meetings
• Judicial Intervention
• Home checks by Drug Endangered Children (Sheriff)
• Public Health Nurse evaluations of family
• Immediate Incentives and Sanctions
• Atmosphere of caring

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Funding a Pre-filing Family Preservation Court
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Funding Pre-filing Family Preservation Courts
(Riverside)

• Three year - 1.2 million dollar SAMHSA grant
  pays for treatment, case management, drug
  testing, educational components, evaluation, and
  training.
• Other grants to apply for Calif Wellness, Calif
  Endowment, Annie E Casey Foundation, State and
  local foundations for families.
• Check out Department of Health and Human
  Resources for family funding opportunities -
  http//www.acf.dhhs.gov/grants.html

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Program Sustainability
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Components for Obtaining Grant Funding for a
Pre-filing Court

• Focus on goals and objectives outlined in your
  counties System Improvement Plan and the United
  Way Community Needs Assessment for your county.
• Incorporate Drug Endangered Children program into
  your program
• Include educational components for whole family
• Curriculum for treatment and family education
  should be best practice
• Create and develop your collaboration of county
  agencies, court and community

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Role of the FPC Steering Committee

• During monthly meetings, the FPC Steering
  Committee
• Evaluates the programs progress
• Identifies new members to help support the
  program
• Advises in the design and operation of the
  program
• Consistent committee meetings ensures ongoing
  collaboration and transfer of knowledge from a
  variety of agencies and programs.

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LONG TERM FUNDING

• Community volunteers and donation of cloths,
  food, furniture, bedding, etc.
• Donation of funding through a 501 3c
• CAP, PSSF and CalWORKs funding
• Prop 36 agreement with DC Oversight that
  clients attend the FPC to meet Prop 36
  requirements fees go to FPC
• Dept of Public Social Services Family
  Maintenance
• Funding through Calif Department of Social
  Services for System Improvement Plans

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Community Outreach
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Family Preservation Court Community Outreach

• We can no longer effectively go it alone!
• Cannot expect community involvement if we do not
  tell them
• What we do (What is Family Recovery Court?).
• How they can become involved (help).

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The Need for Community Involvement Education
Our objectives are to

• Educate the community.
• Invoke community support and involvement.
• Develop community support systems to promote
  long-term sobriety.

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Service Organizations Non-profits
Faith Based Institutions Government
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Child Protective Services
Mental Health Systems, Inc.
Community
Family Preservation Court
Working Together for Life-time Recovery
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Questions
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Want a copy of our procedures and forms?
Want to share this presentation with someone else?
Go to our website at http//www.courts.co.rivers
ide.ca.us/famprescrt