LEGACY FAMILY COURT OF DALLAS COUNTY - TRAINING

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1 LEGACY FAMILY COURT OF DALLAS COUNTY - TRAINING HON. TENA T. CALLAHAN Judge, 302 nd Family District Court State Bar of Texas SEX, DRUGS & SURVEILLANCE January 10-11, 2013 Houston CHAPTER 5.2

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3 TABLE OF CONTENTS POWER POINT PRESENTATION - LEGACY FAMILY COURT OF DALLAS COUNTY - TRAINING... 1 i

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5 Legacy Family Court of Dallas County-Training TRAINING SPONSORED BY: Dallas County 302 nd Family Court Dallas CASA Dallas County Family and Protective Services Special Thanks to CASA of Dallas County for allowing training to be held at their wonderful facility 1

6 THE MISSION OVERVIEW OF THE FAMILY DRUG COURT The Legacy Family Court of Dallas County represents a unique effort to support families with substance abuse addiction issues in their recovery process. The ultimate goal of the united effort is to facilitate recovery from substance abuse addictions and encourage parents to raise their children and establish safe and healthy homes. THE GOALS: 1) To develop a collaborative relationship between court and community agencies who serve families at risk of having their parental rights terminated. 2) To protect children from abuse and neglect precipitated by substance abuse. 3) To reduce abuse/neglect precipitated by substance abuse. 4) To improve parental skills that demonstrates safe care and supervision of children. 5) To decrease the number of out-of-home placements for children and increase family reunification. 6) To improve the psychological well-being of parents and children. 2

7 LEGACY FAMILY COURT PARTNERS Dallas Council on Alcohol & Drug Abuse Forensic DNA Drug Testing Nexus Recovery Center of Dallas Dallas County District Attorney Parents LEGACY FAMILY COURT PARTNERS 302 nd Family District Court Child and Family Guidance Center Nexus Recovery Center of Dallas Texas Department of Family and Protective Services Dallas Public Defenders Office Court Appointed Special Advocates (CASA) Homeward Bound 3

8 Consequences of Drug and Alcohol use: Children of parents who abuse substances are 3 times likelier to experience abuse and 4 times likelier to be neglected (Wells & Wright, 2004) The National Center of Addiction and Substance Abuse at Columbia University (CASA, 1999) suggests that parental substance abuse is the precipitating risk factor in up to 90 percent of all child welfare investigations Consequences of Drug and Alcohol use con t: For the 2010 Fiscal Year Dallas County CPS had 1,517 removals Out of those removals 113 of those cases involved Drug and Alcohol Abuse by the parents/caretakers The numbers of CPS cases involving Drug and Alcohol abuse continue to rise 4

9 Key Components of Drug Courts Integration of alcohol and drug treatment services with judicial intervention Using a non-adversarial approach, prosecution and defense counsel promote public safety while protecting participants due process rights Participants are identified early and promptly placed in the program Drug courts provide access to a continuum of treatment and rehabilitation services Abstinence is monitored by frequent alcohol and other drug testing We must remember: Drug Courts-Use a non-adversarial approach, prosecution and defense counsel promote public safety while protecting participants due process rights 5

10 Eligibility Criteria for Legacy Family Court Included in the LFC are: families who are referred to the court via CPS for allegations of abuse and/or neglect precipitated by substance abuse; parents 18 years or older parents who have had no more than one previous baby who was born drug exposed; non-violent offenders; and parents who voluntarily consent to the LFC program and Parents who are willing to follow all treatment recommendations Excluded from the LFC are those who have: a criminal history of violent felony acts (conviction: probation and deferred); current felony charges other than drug charges; history of registration of sex offense; and/or profound MR (under 60), or mental health disorders that prevent the client from working the FDC program. Expectations of Parents Participating in Legacy Family Court 1) Voluntarily sign Agreement and Waiver and all consents 2) Frequent and random drug testing 3) Weekly Administrative Hearings 4) Regular Judicial Reviews 5) Comprehensive Drug Assessment 6) Mental Health Assessment 7) Participation in treatment and attendance at aftercare support services 8) Cooperate with all providers, including CASA and case manager 9) Participate in Family Group Conferences 10) Plan for safe permanent home with child 6

11 CPS contact LFCC and DA s office CPS Removal/FGC Screen LFC Coordinator completes eligibility screening Child remains in out of home plcmt Ex-parte hearing If not eligible, refer for traditional services OSAR-CFG assessment Child returns home LFCC review BHIPS LFCC submit report to Judge Client enters LFC ICM services begin 14- day Hearing (Show cause) Client declines LFC Enter LFC Refer to traditional services Legacy Family Court and The Role of CASA Role of the Guardian ad Litem *Discuss GAL role vs other CASA roles in CPS cases *Serve as advocate for child s best interests *Gather information and share on child s behalf *Explain contact with the child and others involved *Report to the Court 7

12 Legacy Family Court and Family Group Conferencing Family Group Conferencing staff will be notified of LFC case Initial FGC will be conducted within two weeks FGC re-conferences will be conducted at LFC transitioning phases instead of PC s FGC may be offered at any significant point in the Legacy Family Court Phase 1: Intensive Inpatient/Intensive Treatment PHASE 1: INTENSIVE INPATIENT The focus of PHASE 1 is to encourage your choice to work toward a drug and alcohol free life, establish a foundation of abstinence, and create a healthy and safe home environment for your family. This phase may last 30 days or longer. Requirements for Advancement: 1) Remain drug and alcohol free 2) Attend one Drug Court hearing (in addition to required FPS hearings), unless excused by the LFC Team 3) Demonstrate progress on your Family Plan of Service 4) Successfully complete intensive substance abuse treatment and demonstrate at least four weeks of sobriety following admission to the program 5) Obtain a temporary sponsor and cooperate with that sponsor 6) Submit to all drug screens as required 7) Attend all scheduled meetings and cooperate with FPS Caseworker, LFC Case Manager, and LFC Supervisor 8) Consistently attend and engage in appropriate visitation with your children and cooperate with their caregivers 9) Attend and provide proof of daily attendance to NA/AA meetings Intensive Case Management Daily contact 10) The LFC Team must recommend advancement to Phase 2 8

13 Legacy Family 2: Stabilization PHASE 2: STABILIZATION The focus of PHASE 2 is to continue to abstain from drugs and alcohol. This is the second phase toward your recovery. This phase is concerned with: 1) teaching you how to maintain your recovery and sobriety, and 2) helping you work on other issues that support your recovery and prepare you for the return of your children. Services in Phase 2 will include mental health evaluation and treatment, housing, education, and parent training. This phase may last from Month 2 to Month 4 of your participation in LFC. Requirements for Advancement: 1) Remain drug and alcohol free 2) Attend LFC hearing every other week, unless excused by LFC team 3) Continue participating in treatment until successful discharge 4) Demonstrate progress on your Family Plan of Service 5) Maintain sobriety for a substantial time while in Phase 2 6) Obtain a permanent sponsor and work with that sponsor on steps 7) Submit to all drug screens as required 8) Attend all scheduled meetings and cooperate with FPS Caseworker, LFC Case Manager, and LFC Supervisor 9) Consistently attend and engage in appropriate visitation with your children and cooperate with their caregivers 10) Attend and provide proof of daily attendance to NA/AA meetings 11) The LFC Team must recommend advancement to Phase 3 Legacy Family Family Court Phase 3: Family Reunification & Skills Building PHASE 3: FAMILY REUNIFICATION & SKILLS BUILDING The focus of PHASE 3 is to reunify you with your children and to continue your progress in recovery. This phase will focus on teaching you: 1) coping skills; 2) relapse prevention techniques; and 3) other daily living skills, such as finding and maintaining employment, financial management, and how to maintain a sober and productive lifestyle. This phase may last from Month 5 to Month 12 of your participation in Legacy Family Court. Requirements for Advancement: 1) Remain drug and alcohol free 2) Attend LFC hearings every other week until month 7 or 8 of your participation in LFC - at that time, the Judge will determine how often you will be required to attend LFC hearings 3) Obtain stable employment or a reliable income source 4) Continue participating in treatment, if required 5) Demonstrate progress on your Family Plan of Service 6) Maintain sobriety for a substantial period while in Phase 3 7) Maintain a sponsor and work with that sponsor on steps 8) Submit to drug screens as required 9) Attend all scheduled meetings and cooperate with FPS Caseworker, LFC Case Manager, and LFC Supervisor Intensive Case Management Weekly contact 10) Attend and provide proof of frequent and consistent attendance at NA/AA meetings 11) The LFC Team must recommend advancement to Phase 4 9

14 Legacy Family Court Phase 4: Foundation for the Future PHASE 4: FOUNDATION FOR THE FUTURE The focus of PHASE 4 is to empower you to remain drug and alcohol free while raising your children in a safe, secure environment. Phase 4 focuses on your success and celebrates your many accomplishments. During this phase, you will focus on your family s future and how to maintain sobriety for a lifetime. This phase may last from Month 12 to Month 18 of your participation in LFC. Requirements for Advancement: 1) Remain drug and alcohol free 2) Attend LFC hearings as ordered 3) Successfully complete all requirements of your Family Plan of Service 4) Secure and maintain appropriate housing 5) Obtain and maintain stable employment or other stable source of income 6) Maintain sobriety for a substantial period of time during Phase 4 7) Maintain a sponsor and work with that sponsor on steps 8) Submit to drug screens as required by FPS Caseworker 9) Attend all scheduled meetings and cooperate with FPS Caseworker and LFC Supervisor (the LFC Case 10) Maintain custody of your children with no further validated FPS referrals and demonstrate appropriate parenting skills 11) The LFC Team must recommend graduation from LFC Urinalysis Monthly 10