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A New Way Forward

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CONFERENCE ON CHILD

WELFARE AND THE COURTS

SEPTEMBER 22-24, 2021

Virtual Conference

A New Way Forward

Advance registration is required to attend. Please register at the following link:

Participants are encouraged to attend as a multidisciplinary team, which may include:

judicial officers, attorneys (prosecutors, adversary counsel, guardians ad litem), and

child welfare directors and supervisors. Each county and tribe will have time to meet

during the conference to develop strategies to implement in their community.

The Children's Court Improvement Program (CCIP) and the Department of Children and

Families (DCF) invite you to attend the 2021 Conference on Child Welfare and the

Courts: A New Way Forward. This free event will focus on policy initiatives, legislative

changes, and promising strategies in child welfare and youth justice.

Wednesday, September 22nd

Thursday, September 23rd

Friday, September 24th

UPDATE:

CONFERENCE WILL BE

HELD VIRTUALLY

CONFERENCE INFORMATION

DATES LOCATION

REGISTRATION

While every attempt will be made to accommodate all persons interested in attending

the conference, in-person space is limited. Priority will be given to judicial officers,

county and tribal agency management, and attorneys involved in child welfare and

youth justice. If registrations exceed available space, a wait list will be maintained.

Attendees will receive a confirmation email by August 11th.

https://whova.com/web/pcwcc_202109/

CONFERENCE MATERIALS

CONTINUING EDUCATION CREDITS

WORKSHOP PRACTICE AREAS

Judicial

Legal

Conference materials will be provided to attendees in electronic format only. These

materials will be made available prior to the conference.

QUESTIONS

Please contact Justin Wolff at [email protected] or (608) 266-1557

or Bridget Bauman at [email protected] or (608) 267-1958.

Judicial Education credits, Continuing Legal Education (CLE) credits, and Continuing

Education Hours (CEH) for social workers will be offered to attendees.

Child Welfare

All Disciplines

AGENDA AT A GLANCEDAY 1 Wednesday, September 22nd

Thursday, September 23rd

9:00 AM - 9:15 AM Welcome

10:30 AM - 11:45 AM Workshop A

12:45 PM - 2:00 PM Workshop B

2:15 PM - 3:15 PM Plotting the Course for Change in Your Child Welfare System

3:15 PM - 3:30 PM Setting the Stage for Team Meetings

3:30 PM - 4:45 PM County and Tribal Team Meetings

8:30 AM - 8:45 AM Announcements

8:45 AM - 9:45 AM Unconscious Bias

10:00 AM - 11:15 AM Workshop C

1:15 PM - 2:30 PM Workshop D

2:45 PM - 3:45 PM Termination of Parental Rights and Adoption: Brave Conversationsand Holistic Advocacy for Children

3:45 PM - 4:00 PM Closing Remarks

Friday, September 24th

9:00 AM - 12:00 PM(with break)

Seminar Sessions

S-1: A Deep Dive into Termination of Parental Rights through a LegalPerspective

S-2: Identifying, Understanding and Building Rapport with ExploitedYouth

S-3: Let’s Be Smart: How Effective Use of Limited Resources Allowsus to Reach Out to All Families and Prevent Child Maltreatment

9:15 AM - 10:15 AM Building a New Way, Together!

11:15 AM - 12:15 PM County and Tribal Team Meetings

Setting the Stage for Team MeetingsHon. Jason Rossell - Kenosha County Circuit CourtDevon L. Syrjanen - Bureau of Compliance, Research, & Analytics,Department of Children and Families

Team Meetings

AGENDADAY 1 Wednesday, September 22nd

9:00 AM - 9:15 AM Welcome Hon. Jason Rossell - Kenosha County Circuit CourtDr. Martha Stacker - Dane County Department of HumanServices, Division of Children, Youth, & Families

9:15 AM - 10:15 AM Building a New Way, Together!Amelia Franck Meyer - Alia InnovationsWe understand more now than ever what children need for healthy

development and well-being — an uninterrupted sense of belonging.

However, our child protection systems were not originally designed

based on this knowledge. Instead, they were designed to rescue

children and punish parent behavior. Together with families and

communities, we can redesign a new way of work; one that supports

and strengthens families and keeps children safely with their family,

not from their families. This session will discuss the mounting

evidence for change and the inspiring efforts to work together to

build a better way.

10:15 AM - 10:30 AM Break

10:30 AM - 11:45 AM Workshop A

11:45 AM - 12:45 PM Lunch Break

12:45 PM - 2:00 PM Workshop B

2:00 PM - 2:15 PM Break

2:15 PM - 3:15 PM Plotting the Course for Change in Your Child WelfareSystemHon. Trent Favre - Hancock County, Mississippi Youth CourtThe child welfare system is undergoing a transformation with the

courts leading initiatives for change. Judge Trent Favre will share

proven strategies he has implemented in his courtroom to help

reduce the number of children in out-of-home care.

3:15 PM - 3:30 PM

3:30 PM - 4:45 PM

Judicial

Building Parent PartnershipsShrounda Selivanoff - Birth Parent National NetworkJefferson County Parents Supporting Parents Program

A-5

A-7

Chronic Neglect Prevention: Challenges and OpportunitiesDr. James "Dimitri" Topitzes, Dr. Joshua Mersky, & Dr. Colleen Janczewski - Helen Bader School ofSocial Welfare, UW-Milwaukee

A-6

Embrace the Change: Developing High-Quality Parent Representation ProgramsMimi Laver - American Bar Association, Center for Children and the LawMelissa Michaelis Thompson - Colorado Office of Respondent Parent Counsel

A-4

WORKSHOP SESSION AWednesday, September 22nd 10:30 AM - 11:45 AM

Engaging Families to Promote Safe Return Home in Child Welfare ProceedingsBeth Smetana - University of Wisconsin Extension Institute of Health and Well-BeingHon. Maria Lazar - Waukesha County Circuit Court

A-1

Using the System to Fight the System: Operationalizing PreventionAmelia Franck Meyer - Alia Innovations Vivek Sankaran - University of Michigan Law School

Court Transitions During Community Crisis: Reflections on System Resilience and Reforms -A Focus on Cases Involving AbuseJenny Talancon - National Council of Juvenile and Family Court Judges

A-2

A-3 The Medicolegal Intersection of Emotional Harm in Child MaltreatmentDr. Kristen Iniguez - Marshfield Clinic Health SystemStephanie Chiarelli - Milwaukee County District Attorney's Office

What is chronic neglect and what can we do about it? This workshop will define neglect and explain why it is one ofthe most prevalent and harmful yet least understood forms of childhood trauma. Evidence will be presented tosupport increased investment in prevention, including two-generation strategies that have the potential to interruptthe intergenerational transmission of trauma. Promising approaches for addressing chronic neglect in Wisconsinwill be discussed, including treatment courts, home visiting programs, and trauma screening protocols.

The family defense community has ensured that children flourish in the safety of their own homes throughadvocacy by parent defenders across the country. Presenters will share best practices, exciting changes, andpersuasive data about how family defenders impact positive outcomes for children and families; specificallyfocusing on the development and approaches of the Colorado Office of Respondent Parents’ Counsel. This sessionwill provide concrete tools and a space for participants to learn about advocacy on both the case and system level,and how advocacy can impact racial disparity and other inequities in the child welfare system.

This session will discuss the evidence against family separation and new ways to support parents to prevent systeminvolvement. The case will be made for the important role courts and attorneys can play in prevention; beginningwith shifting our mindset from surveillance, compliance, and punishment to one of empathy, support, andcompassionate accountability. The presenters will bring together the ways in which all stakeholders can worktogether to ensure that children can live safely with their own families.

Parents navigating the system are often frightened, confused, angry, and alone. Parents Supporting Parents (PSP)provides these parents with information, supports, and hope during one of the most challenging times of their lives.Through peer support from parents who have successfully exited the CPS system, PSP provides early outreach.Participants will also hear about Jefferson County's experience implementing the PSP program.

Emotional harm is a serious consequence of all forms of child maltreatment. If not recognized and mitigated early,the effects on the child victim can be debilitating. Unfortunately, emotional harm is under recognized and is rarelyraised as a charging pathway in prosecutions. The aim of this session is to educate participants about recognitionand sequelae of emotional harm as well as explore legal interventions.

This session will detail the collaborative process created to explore the challenges faced by courts throughout themany phases of the pandemic and how courts adapted to continue to meet the needs of families experiencingabuse. The project E-ToolKit content will be highlighted as a new resource for the field.

This session will discuss how judicial officers, as well as attorneys, can have more meaningful discussions withfamilies involved in child welfare proceedings to promote the behavior changes necessary to have their childrensafely returned to the home. Attendees will be introduced to the principles of partnership and solution-focusedstrategies along with concrete examples to use in child welfare court proceedings.

All

Disciplines

Legal

Child

Welfare

WORKSHOP SESSION BWednesday, September 22nd 12:45 PM - 2:00 PM

Effective Tools for Authentic Engagement with Parents and ChildrenHon. Trent Favre - Hancock County, Mississippi Youth Court

Be “SMART” When Drafting Conditions for Return Kristen Wetzel - Children's Court Improvement Program

Preventing Unnecessary RemovalsVivek Sankaran - University of Michigan Law School

This session will demonstrate how to link impending danger threats to conditions for return using the child safetydecision-making framework. Stakeholders will be introduced to SMART goals as a way to define a tailored conditionfor return, which leads to better reunification outcomes. The Tailored Dispositional Orders Project is currently beingpiloted in three counties. The presenters will provide examples, accomplishments, and challenges from the pilot sites.

This session will explore strategies for preventing unnecessary removals; highlighting the research demonstratingthe impact of family separation on children and parents, and detailing innovative strategies for lawyers, judges, andother stakeholders to ensure that children only enter foster care when absolutely necessary.

This workshop will review actions that can lead to building authentic, collaborative relationships with families in thedependency court system. Participants will learn how to incorporate tools to improve child welfare outcomes andreduce the number of children in out-of-home care.

B-1

B-2

Litigating Race: Using Legal Tools and Resources to Combat Implicit Bias in Child Welfare andJuvenile ProceedingsDawne Mitchell & Shomari Ward - The Legal Aid Society of New York

Effective Use of § 48.9795 Guardianships Inside and Outside of the Formal Child Welfare System Beth Lauck - Kids Matter Inc.Courtney Roelandts - Legal Aid Society of Milwaukee

It is important for legal practitioners to understand the role that race and racial bias play in their practice, particularlywhen representing the interests of children from impoverished Black communities. More important is having thetools necessary to confront the systematic racism stacked against their indigent, Black clients. This session will aim toequip practitioners with legal tools to combat racism, among other markers, in the child welfare and youth justicesystems. These tools include fact-gathering techniques; client counseling tips; review of case law; and a brief historyof racism in the systems that directly impact children from poor Black communities.

This presentation will give an overview of minor guardianships under § 48.9795, including legal procedure; changesto the GAL role and responsibilities; ICWA applicability; and the limitations on guardianships in formal CHIPSproceedings. Tips will be provided on how these guardianships can be used both inside and outside of the childwelfare system through the lens of common challenges that relative and other caregivers may face. The presenterswill also share practice considerations gained since these types of guardianships became available.

B-3

B-4

Establishing Relationships Between Tribes and County AgenciesTania Cornelius & Stephanie Lozano - Department of Children and FamiliesHeather Halonie - Wisconsin Child Welfare Professional Development System

Bridging the Gap: Foster Parents-Birth Parents Building ConnectionsChauncey Strong - Strong Family Training and ConsultingThis interactive workshop highlights the work in child welfare related to building and maintaining relationships andcommunication between birth parents and foster/adoptive parents. The Family First Prevention Services Act movesjurisdictions to increase in-home services, while emphasizing reunification as soon as possible, should removal benecessary. This workshop will provide tools and services to support families during reunification to prevent re-entryinto the foster care system.

A panel of tribal and county child welfare professionals will engage in a facilitated discussion about how to build acollaborative relationship between agencies. Topics such as challenges to relationship-building and methods toworking effectively together will be explored. Participants will be invited to ask questions and will leave with practicaltips and advice on improving relationships between tribal and county agencies.

B-5

B-6

All

Disciplines

B-7

Child

Welfare

Legal

Judicial

Closing Remarks

AGENDADAY 2 Thursday, September 23rd

8:30 AM - 8:45 AM Announcements

8:45 AM - 9:45 AM Unconscious BiasHon. Derek Mosley - Milwaukee Municipal CourtJudge Mosley will look at how biases reveal themselves in the

judicial and child welfare systems. The impact of unconscious biases

can be reduced by becoming aware of them and taking steps to

alter our responses. Judge Mosley will provide participants with tools

and strategies for reducing unconscious bias in the systems.

9:45 AM - 10:00 AM Break

10:00 AM - 11:15 AM Workshop C

11:15 AM - 12:15 PM

Lunch Break

1:15 PM - 2:30 PM Workshop D

2:30 PM - 2:45 PM Break

2:45 PM - 3:45 PM Termination of Parental Rights and Adoption: BraveConversations and Holistic Advocacy for ChildrenHeather Wilson - Children's Law Center of CaliforniaThis interactive session will have participants recognize parental loss

through TPR, understand how adoption finalization is bittersweet, and

why it is important to further study and explore how children, from

newborns to youth, may express this experience. Attendees will hear

about the TPR and adoption journey from the viewpoint of child

adoptees, adoptive parents, and biological parents. Further, resources

will be shared for attorneys, social workers, and others, to address the

mental, emotional, and physiological needs of these children. Finally,

participants will craft the brave conversations that advocates should

be having with prospective adoptive parents, to better equip them to

raise and love the children they plan to adopt.

3:45 PM - 4:00 PM

Team Meetings

12:15 PM - 1:15 PM

C-7

WORKSHOP SESSION CThursday, September 23rd 10:00 AM - 11:15 AM

The Family First Prevention Services Act: Requirements, Lessons Learned, and the Road AheadAllison Green - National Association of Counsel for ChildrenHon. Laura Crivello - Milwaukee County Circuit Court

Compassionate CommunicationDr. Bridgett E. Ortega - Atlanta's John Marshall Law School

Rethinking Risk: Judicial Placement Decisions During the Pandemic and Beyond - Research-Informed Practice to Protect Youth and CommunitiesMelissa Sickmund - National Center for Juvenile JusticeHon. Todd Ziegler - Monroe County Circuit Court

Dr. Ortega has worked with courts and behavioral health systems around the country, giving system players solidtools to improve family engagement and collaboration with partners. This interactive, informative, and FUNworkshop will help you to see people you interact with through a compassionate lens and provide you with usefulcommunication techniques. Participants will learn how to approach various areas and attitudes in our thinking thatcan make or break your engagement and collaboration efforts.

Presenters will discuss considerations regarding youth confinement during COVID-19, a synthesis of research onrisk assessment and reduction in judicial decisions, tools for structuring juvenile placement decisions, andstrategies to safely reduce youth confinement during the pandemic and beyond. Presenters will share the mostrecent Census of Juveniles in Residential Placement data. Participants will be asked to discuss their confinementdecision-making during COVID and beyond and contrast that with their child welfare placement decision-making.

FFPSA creates a new role for the court in overseeing out-of-home placements of children. Attendees will learnhow to translate the law’s mandates into daily courtroom practice. Specifically, the court processes to reviewQRTP recommendations that advance safety, permanency, and well-being at each stage of the case. Participantswill gain skills to leverage the language and spirit of Family First on behalf of children, parents and caregivers.

C-1

C-2

Pediatric Drug Testing for AttorneysDr. Hillary Petska - Children's Hospital of Wisconsin

Pre-Petition Advocacy: An Innovative Multidisciplinary Approach Combining Civil Legal Aid, SocialWork, and Parent Peer MentorshipMatt Boyle, Gina Cumbo, & Tami Rean - Center for Children and Youth Justice, Washington

Pediatric drug exposure is a significant public health issue. This lecture will review the health and safety implicationsof drug exposure in children and discuss best practices in pediatric drug testing including different types of drugtests available and the indications for and limitations of commonly used drug tests.

This presentation will highlight an innovative service model to keep children safe and stable within their families andminimize the emotional trauma associated with removal; focusing on child welfare cases where an unresolved legalissue may lead to removal and/or filing of a petition. A multidisciplinary team composed of an attorney, socialworker, and parent ally provide legal guidance, representation and/or social work services and peer support.Participants will be provided with an overview of pre-petition advocacy, how attorneys can help families avoid formalsystems involvement, the critical role of parent allies, and the ethical implications for attorneys.

C-3

C-4

Effective Engagement of Child Welfare Affected Families in Family Court: Considering the Effectsof Historical Trauma, Systemic Racism and Anti-Poverty SentimentDr. Tricia Stephens - Hunter College, Silberman School of Social Work

Child Welfare TeleconsultingDr. Sandeep Narang - Children's Hospital of WisconsinThe application of telemedicine/teleconsulting for clinical health care is becoming more ubiquitous in today’stechnology age. This lecture will define telemedicine/teleconsulting/telehealth, briefly review its history, discuss itsapplication, feasibility, and challenges in child maltreatment cases, and examine the potential for child maltreatmentteleconsulting in Wisconsin.

A majority of families involved in the child welfare system have experienced some form or combination of historicaltrauma, systemic racism, or poverty. Currently, systems-affected parents report feeling marginalized and silenced intheir interactions with child welfare stakeholders; losing important opportunities for meaningful collaborations thatcould potentially support family stability. This session will provide an overview of the research on the livedexperiences of parents in child welfare proceedings.

C-5

C-6

All

Disciplines

Child

Welfare

Legal

Judicial

Judicial

D-7All

Disciplines

WORKSHOP SESSION DThursday, September 23rd 1:15 PM - 2:30 PM

Compassionate JurisprudenceDr. Bridgett E. Ortega - Atlanta's John Marshall Law School

ICWA Litigation Trends and Practice ConsiderationsKathryn Fort - Michigan State University College of Law

Raising the Bar: High-Quality Legal Representation in Child Welfare ProceedingsAllison Green - National Association of Counsel for Children

This session will discuss the national picture regarding the Indian Child Welfare Act (ICWA) litigation trends andlessons learned for practice. The session will focus on areas where ICWA and WICWA are being challenged and whatcaseworkers, attorneys, and judges need to know to avoid challenges in their jurisdiction. This session will alsoinclude coverage of the biggest challenge to ICWA yet, Brackeen v. Haaland.

High-quality legal representation for children makes a difference; ensuring young people have a voice in theproceedings that impact their lives and improving foster care outcomes. But what does “high-quality” lawyeringreally mean? How can judges ensure due process and positive results? Where should attorneys for childrenprioritize their limited time to make the biggest impact? This session will provide key knowledge, skills, and bestpractices that research links to better outcomes for children and families. Attendees will leave the session withconcrete tips and renewed commitment to “raise the bar” for children’s lawyering in their court.

Compassionate Jurisprudence (CJ) is a paradigm that links humanistic, judge-centered practices with goal-focusedstrategies to promote accountability and change. CJ practices hold participants accountable and foster lastingchange in court participants by creating an interpersonal atmosphere of acceptance, compassion, and hope. CJimplements judicial behavior to impact a participant’s willingness to change; strategically uses judicial behavior toachieve accountability; and improves the participant’s confidence and ability to influence factors within his or hercontrol by getting to know and understand their back stories.

D-1

D-2

Legal

Access to Juvenile Court and School Records: Who, What, When, and How Hon. Jason Rossell - Kenosha County Circuit CourtJulie Incitti - Wisconsin Department of Public Instruction

Lawyer Responsibilities When Working RemotelyTimothy Pierce - State Bar of WisconsinHon. Wendy Klicko - Sauk County Circuit Court

This workshop will provide an overview of the statutes and case law governing the confidentiality of juvenile courtand school records. The presenters will lay out what information can be shared, with whom, under whatcircumstances, and the procedure for accessing those records.

The COVID-19 pandemic has changed how lawyers work and represent their clients. Some of these changes may betemporary but others are likely part of a movement toward increased reliance on technology in the practice of law.As working remotely has become the new normal, lawyers must develop new skills and knowledge to comply withtheir core responsibilities. This session will provide a foundational approach to this new normal, as well as provideperspectives on the importance of ethical and effective remote representation in child welfare and juvenile courtproceedings. This workshop qualifies for CLE Ethics credits.

D-3

D-4

Prevention ProgramsKris Moelter - Wisconsin Child Abuse and Neglect Prevention BoardKenosha Preventative Services Network, La Crosse Area Family Collaborative, Dane County FACE

The Department of Children and Families: Strategic VisionWendy Henderson & John Elliott - Wisconsin Department of Children and Families

DCF will present information related to a strategic vision that “All Wisconsin children are safe and loved members ofthriving families and communities. The Wisconsin Child Welfare System will strengthen all Wisconsin families tosupport their children because children belong with their families.” Critical to achieving this vision is the articulationof a trauma-informed, comprehensive array of supports and services for families so that children can remain withtheir families. When not possible to serve children in-home, supporting and providing more community-basedplacements through increasing relative and family foster home placements is a key emphasis.

Prevention services can strengthen families and decrease the number of children entering the CPS system. Byworking together with other service providers, child welfare agencies can offer services to families before abuse andneglect occur. Come learn from a panel of programs from across the state about what is working for them.

D-5

D-6

Child

Welfare

AGENDADAY 3 Friday, September 24th

9:00 AM - 12:00 PM(with break)

Seminar Sessions

S-1: A Deep Dive into Termination of Parental Rights through a Legal Perspective

Hon. Thomas Walsh - Brown County Circuit Court

Eve Dorman - Dane County Corporation Counsel's Office

Matthew Giesfeldt - Office of the State Public Defender

This session will provide an in-depth, practice-oriented look at the termination of parental

rights (TPR) process from filing to disposition. This interactive session will be led by an

experienced judge and former GAL, child welfare prosecutor, and parent's attorney, as

they share their knowledge and guidance regarding publicly-filed TPR cases. The

presenters will share practical insights on both the foundational statutory provisions and

important case law surrounding TPR, as well as more nuanced analysis of how all

stakeholders may provide the highest level of representation and oversight in these high-

stakes cases.

S-2: Identifying, Understanding and Building Rapport with Exploited Youth

Det. Dawn Jones (ret.) - Consultant

This session will assist individuals with the skills and information needed to identify youth

that have been exploited, including tactics used by traffickers. Participants will receive

information and ideas through real life experiences which will assist with understanding

how exploited youth may be recruited and controlled by traffickers. The presentation will

also provide techniques for building rapport, teach many of the common terms used with

exploited youth, and the dos and don’ts when building that rapport. This presentation will

also assist in answering why youth may not initially disclose regarding the exploitation or

the trafficker exploiting them.

S-3: Let’s Be Smart: How Effective Use of Limited Resources Allows us to Reach Out

to All Families and Prevent Child Maltreatment

Wisconsin Child Abuse and Neglect Prevention Board

Wisconsin Department of Children and Families

What are the benefits of an upstream prevention system that strengthens families and

communities? How could Wisconsin’s family serving organizations and agencies coordinate

with county services to build a comprehensive system? A comprehensive prevention

approach encompasses all three levels, which results in a comprehensive service

framework focused on improving outcomes for children and families: primary prevention

directed at the general population to prevent maltreatment before it occurs, secondary

prevention targeted to individuals or families in which maltreatment is more likely, and

tertiary prevention targeted toward families in which maltreatment has already occurred.