Minnesota and Wisconsin CHIPS processes

Family Assessment:

Family assessment has been implemented in all 87 Minnesota Counties

Family assessment is an alternative to the Child protection investigation process.

Avoids “confrontation and intrusion of child protection investigation”.

Family assessment assesses safety and risk of maltreatment

Family Assessment:

Assesses and builds on strengths of families Partners with families to find solutions to

problems they are facing Not used in cases of concern of imminent danger

(i.e. injuries, sexual abuse, serious neglect. Involves community agencies and organizations

in providing support, and intervention before situation becomes more serious.

Family Assessment:

Allows CPS flexibility to meet the needs of the family when child abuse and neglect is reported

Enables parents to receive services with minimal negative labeling

Meets individual family needs Elicits community participation to support

families and keep children safe.

Family Assessment:

Short-term case management If improvement in situation is not made,

case goes to traditional investigation.

Minnesota CHIPS process

Traditional investigation Traditional investigations are conducted when

there are concerns of imminent danger or sexual abuse

Investigations conducted in coordination with law enforcement

If safety concerns exist, CHIPS petition filed

Minnesota CHIPS

If child is taken into custody, Law enforcement takes into “police protective custody” for up to 72 hours

Child protection has this time to file a CHIPS petition to keep the child in custody

Child is placed in Emergency Protective Care (EPC)

CHIPS hearing must be held within 10 days of EPC hearing

Minnesota CHIPS

Petition may be filed with child in Emergency placement or with child remaining in home

If child is placed outside of home, may be in relative care or foster care

Minnesota CHIPS

At initial hearing, parents may admit or deny the allegations in the petition

If deny, then the case may to go a trial by judge, most resolve before that time

Guardian Ad Litems are appointed in any case involving a child

Minnesota CHIPS

GAL is a trained and certified volunteer from the community, appointed by the court to be the child’s representative in the court process

GAL evaluates actions taken by all parties and makes recommendations based on the best interest of the child

Minnesota CHIPS

When case is opened goes to dispositional order, parents are ordered to complete certain conditions to regain placement of their children

90 day review of case in court if child is in placement, 6 month if child is at home

Child may remain in their home or return home If child cannot return home, Termination of

Parental Rights Hearing may be filed.

Children’s Justice Initiative

Collaboration between the Minnesota Judicial branch and Minnesota DHS.

Objective is to form a partnership between courts, SS agencies, attorneys, public defenders, courts, GAL and other stake holders to improve CPS cases.

“timely safe, stable, permanent homes for abused and neglected children, first through reunification with the child’s parents that if that is safe or, if not, through another permanent placement option.”

Goals of the Children’s Justice Initiative Operating through the “eyes of a child” Timeliness of cases Safety and stability of the child Permanent, nurturing, family for each child Recognition of cultural, social and economic

differences System accountability Due process in court system

Wisconsin CHIPS

When a report is received, if screened in assigned for investigation

Investigations usually conducted with law enforcement

If impending danger threats/safety concerns exist CHIPS petition may be filed

If child is taken into custody child placed with relative or in foster care

Wisconsin CHIPS

Law Enforcement or Social Worker may take child into custody

CPS/delinquency Social workers are state certified to take child into custody

If child is taken into custody TPC hearing must be held within 48 hours, (excluding holidays and weekends)

CHIPS petition is filed at the TPC hearing

Wisconsin CHIPS

After TPC hearing, initial plea hearing must be held within 30 days

At this time, parents may admit or deny the petition

If admit, dispositional hearing must be scheduled in 30 days

If deny, scheduled for fact-finding within 10 days May go to trial by jury if parents do not agree Most situations resolve before trial

Wisconsin CHIPS

GAL is assigned any proceeding involving a child. If child is over the age of 12 they are assigned adversary counsel

GAL are attorneys, appointed by the court When case is opened goes to dispositional

order, parents are ordered to complete certain conditions to regain placement of their children

Wisconsin CHIPS

CHIPS may be in-home or out of home Court may order 30-60 day court reviews of

cases If child is placed out of the home, 6 month

permanency review hearings are required Child may remain in their home, or return home If child cannot return home, Termination of

Parental Rights Hearing may be filed.

Wisconsin vs. Minnesota

Wisconsin social workers may take into custody Minnesota only law enforcement GAL in Minnesota may be community professional GAL in Wisconsin must be an attorney Time lines for reviews may vary Minnesota has Family Assessment, Wisconsin only

traditional investigation Minnesota follows Chapter 260 of the Minnesota Statues Wisconsin follows Chapter 48 of the Wisconsin Statutes

Federal Legislation-Adoption and Safe Families Act All states are mandated to follow the Adoption

and Safe Families Act When a child is placed in out of home care

(relative or foster care) “the clock starts ticking”. States are mandated to file for Termination of

Parental Rights if a child has been in out of home care for 15 out of 22 months unless case meets certain exceptions

Federal legislation

ASFA also states that if a parent has not made “substantial progress” in the first 6 months of the case, CPS agency may file for termination of parental rights.

ASFA requires 6 month review of permanency plan for child

ASFA requires a “concurrent plan” for children when they enter out of home care

Concurrent Planning

Dual track for child to plan for permanency If child cannot be reunified with their family

of origin, have another plan ready to go when decision is made

Foster parents and relative placements are working with families to reunify, also prepared to adopt the child if reunification is not possible

Family Based Services

Services offered to families focus on the needs of the family

Family Group Decision Making In-home family counseling Intensive parenting education One-on-one parenting education Family interaction- supervised/in foster home,

family settings when possible as frequently as possible