Summer 2010 Volume 9, Number2 Edited by Nathan Goins, CFCRB Public Relations Committee Chair

Childrens Advocacy Day and Legislative Update

By Charlene Greer, CFCRB Past State Chair

The 6th Annual Childrens Advocacy Day was held on February 18, 2010 at the Capitol in Frankfort. Childrens Advocacy Day began in 2004 as an effort to unite advocates throughout Kentucky to raise their voices together on behalf of childrens and families safety, health, education, and economic well-being. This event provides an opportunity for hundreds of advocates from across the state to bring childrens needs and solutions to state legislators. The following CFCRB volunteers participated in this years event: Paula Atkins, Muhlenberg County; Donna Breeden, Shelby County; Martha Hargrove, Muhlenberg County; Larry

CFCRB volunteers at the Capitol for Childrens Advocacy Day. Left to right: David Saier, Region 8 Regional Representative; Charlene Greer, Past State Chair; Larry Perkins, Legislative Committee Co-Chair; Joyce Spaulding, Region 4 Regional Representative; Paula Atkins, State Vice Chair and Legislative Committee Co-Chair; Connie Wooten, Fayette B Chair; Martha Hargrove, Muhlenberg County CFCRB; and Laverne Tarrants, Secretary.

Perkins, Franklin County; David Saier, Fayette County; Joyce Spaulding, Jefferson County; Laverne Tarrants, Muhlenberg County; Connie Wooten, Fayette County, and myself, Charlene Greer, Daviess County. The Citizen Foster Care Review Board program was one of the sponsors of the event, as well as of the legislative reception later that evening at the Capitol Plaza Hotel.

Child Advocates entering the Capitol for Childrens Advocacy Day 2010.

The CFCRB Legislative Committee, headed by Co-Chairs Paula Atkins and Larry Perkins, plus committee member Donna Breeden, led our contingency in meeting with Senator David Boswell, Representatives Ron Crimm, Jim Glenn, and Brent Yonts. We were successful in getting our CFCRB legislative recommendations incorporated into House Bill 463. These were the provisions of House Bill 463: Amend KRS 600.020 to establish a new definition for "independent living" as it relates to a child committed to the custody of the Commonwealth to include the development of plan for independent living to be approved by the court before a youth ages out of care; Amend KRS 620.140 to establish that a child committed to the custody of the Commonwealth may request, no later than 12 months after attaining the age of 18 years, to extend or reinstate the commitment;

Amend KRS 620.250 to allow local CFCRBs to have access to the educational records of children committed to the custody of the Commonwealth via any electronic portal or system maintained by the Kentucky Department of Education. Unfortunately, House Bill 463 was sent back to committee and was not

signed into law, but how exciting it was to see our legislative recommendations make it this far in the legislative process with the support of the CFCRB Legislative Committee and the enormous support of Sara Boswell Dent, Family Services Administrator. I look forward to next years Childrens Advocacy Day with the hope of doubling our CFCRB attendance at the event, in addition to the hope of getting our legislative recommendations adopted into a bill once again. Hopefully, next year the bill will pass.

State Vice Chair Paula Atkins at the registration table for Childrens Advocacy Day.

National Indian Child Welfare Association (NICWA) and its implications in Kentucky
By Tara Metts, Family Services Coordinator

According to NICWA, there are no federally recognized Native American tribes in Kentucky. However, according to the 2000 US Census, Kentucky has a relatively large urban Native American population; there are about 25,000 American Indian/Alaska Natives (AI/AN) in the Commonwealth. While there are no federally recognized tribes, Kentucky does recognize two tribes at the state level. The Southern Cherokee Nation of Kentucky was first recognized via proclamation by Governor John Y. Brown in 1893 and again by Governor Fletcher on November 20, 2006. This tribe is based in Henderson, Kentucky. The Ridgetop Shawnee was recognized by the State House of the Kentucky General Assembly on February 26, 2009, under HJR-15. The Tribe plans to seek formal recognition in 2010; it is based in Eastern Kentucky. There are various organizations across the state that observes Native American cultural practices, but none of these organizations have been recognized by the state government. Originally, Kentucky had a rich Native American heritage, comprised of the Shawnee, Cherokee, Chickasaw and Yuchi tribes. However, most Native Americans were forced to leave Kentucky during the Indian Removals of the 1800's. These tribes are not extinct, but they do not live in Kentucky anymore. They were moved to Indian reservations in Oklahoma. Only the descendants of Kentucky Indians who escaped from Removal remain in Kentucky today. What does this mean for the Citizen Foster Care Review Board? While reviewing files, volunteers may see notations about assessing the childs heritage for membership in a Native American tribe. This is because some tribes do not allow or recognize termination of parental rights or adoption. According to the Indian Child Welfare Act of 1978 (ICWA), the federally recognized tribes have the authority to dictate where a child is placed, if he/she belongs to one of those

tribes. Often times, the tribe mandates that the child be placed within the tribe, with a Native American family, as opposed to being placed in foster care. While Kentucky is not home to organized groups of members from federally recognized tribes, ICWA applies to any children in care who are members of, or eligible for membership in, one of the federally recognized tribes. So a child is protected by the ICWA in Kentucky even if the tribe is located in another state. Therefore, it is important for reviewers to understand the implications of Native American heritage, as it pertains to the placement of children in care. If you come across a case of such a child, one whose case contains an assessment of heritage for purposes of the ICWA, note it in the findings so the judge is aware.

For more information, contact NICWA @ www.nicwa.org or the Kentucky Native American Heritage Commission at http://heritage.ky.gov/knahc or 502-564-7005.

Services for Older Youth

By Melissa Huffman, Family Services Coordinator

In 2008, the Fostering Connections to Success and Increasing Adoptions Act was signed into law. One important aspect that came out of this law is the Transition Plan. The Case Plan for all youth ages 17 and over, will include a Transition Plan that is reviewed during the case planning conference and thereafter at subsequent Periodic Reviews. This Transition Plan includes specific options for housing, health insurance, education, local mentors and continuing support services, work force support and employment services. It is to be completed within 45 days of the youth turning 17. The purpose of this plan is to prepare and transition youth aging out of foster care. If you review the case of child who has been 17 for more than 45 days, do a quick search for this plan. If its not there, make a suggestion that it be included for the next review. They have been through such hardship as children; lets make sure they get a strong start as adults! It might also be useful to know that there are several funding benefits for training and education that are available for older youth who have extended commitment or exited care. Tuition assistance is covered by state general funds for children who have extended commitment with the Commonwealth of Kentucky. They must have extended their commitment, be enrolled in a postsecondary education or training, and maintain academic eligibility. Expenses which are covered under this plan include those that are not covered by federal or state financial assistance, KEES, or private scholarships. The expenses can include school-provided health insurance, books, housing, food, transportation, and childcare expenses. Tuition is waived for foster and adopted children who are enrolled in a Kentucky public post-secondary education. The child must be currently in states custody and in custody on their 18th birthday. This waiver is for undergraduate

study only. They must maintain full or part-time status and academic eligibility. The eligibility time frame is for five years from first entry into school.

Federal funding provides education and training vouchers for children who aged out of care on or after their 18th birthday or were adopted on or after their 16th birthday. They must be enrolled in a post secondary education or job training, be a full or part-time student, and maintain academic eligibility. If the child is in good standing academically at age 21 the federal funding can continue until age 23.

2010 CFCRB Regional Trainings Mark your calendars the CFCRB Regional Trainings are fast approaching! If you have not already received a registration form for the regional trainings, contact your Family Services Field Coordinator.

The dates and locations are as follows:

August 18 Lexington Imani Baptist Church September 11 Prestonsburg Floyd County Extension Office September 18 Highland Heights Campbell County Extension Office September 25 Owensboro Audubon Area Community Services (the 1700 West 5th Street location) September 25 Somerset Pulaski County Public Library October 9 Eddyville First Baptist Church of Eddyville October 16 Louisville St. Josephs Childrens Home

Topics range from Fostering Connections, to the Judges Corner, and Family Preservation/Reunification Services. Lunch will be provided along with volunteer recognition, plus legislative, placement counting, and Interested Party Review updates. This training offers an excellent opportunity to obtain the six hours of annual continuing education.

We hope to see you at the regional training located in your area!

Congratulations to Patrick Yewell

In April 2010, Patrick Yewell, Executive Officer of the Administrative Office of the Courts Department of Family and Juvenile Services, was selected by the University of Kentuckys College of Social Work Hall of Fame Committee as the 2010 Hall of Fame inductee. Patrick was inducted into the hall in May and is the 15th individual to become a member since the hall started in 1999. Those chosen for the hall of fame are deemed outstanding in the social work profession by their colleagues and are selected by a committee of their peers for induction. Patrick earned his bachelors and masters degrees in social work at UK. Patrick exemplifies the vision and mission of UKs social work alumni program. Patrick has devoted his professional career to improving the lives of children and families across the commonwealth. Congratulations to Patrick on receiving this high honor!

CFCRB Public Relations Committee Chair Nathan Goins and Department of Family and Juvenile Services Administrative Support Hanna Harvey Recognized April 30, 2010

Congratulations to Citizen Foster Care Review Board Public Relations Committee Chair Nathan Goins and Department of Family and Juvenile Services Administrative Support Hanna Harvey for receiving the Kentucky Law Related Education Award on April 30. Nathan received his award for his dedication to the CFCRB program and children in care, as well as his work with civic education. Hanna received her award for her work with civic education and the CFCRB program. This prestigious award honors individuals who are committed to educating youth and professionals about the fundamental principles that underlie our constitutional democracy.

Nathan Goins and Hanna Harvey, 2010 Law Related Education Award recipients.

Volunteers Honored at 2009 Regional Trainings

Over 200 Citizen Foster Care Review Board volunteers attended the seven regional trainings that were held across Kentucky between August 22 and October 17, 2009. Training topics included: Attachment Disorder, Children Parenting Children, and Children Born Addicted; the last two topics were presented as panel discussions. Each regional training included recognition to honor the CFCRB volunteers for their dedication to the children they serve. Seven volunteers were presented with the Outstanding Volunteer Award and are as follows: June Bell, Daviess A and Green River Interested Party Review; Becky Edmondson, Union County Interested Party Review; Jean Ellis, Casey County Interested Party Review and Lake Cumberland Interested Party Review; Maxine McLean, Johnson County, Magoffin County, Lawrence County, FIVCO, and Big Sandy Interested Party Review Boards; Elaine Perkins, Harrison/Pendleton CFCRB; Linda Smith, Scott County CFCRB; and Jenny Souers, Jefferson 4 CFCRB. In addition, five-year and ten-year volunteer service pins were presented at the regional trainings. Congratulations to these very deserving award winners! A big thank you goes out to all CFCRB volunteers for their dedication to and many hours spent advocating for Kentuckys children in care!

Left to right: June Bell, Daviess A and Green River Interested Party Review Board, recipient of the Outstanding Volunteer Award presented by Honorable Margaret R. Huddleston, Warren County Family Court Judge

Left to right: Linda Smith, Scott County CFCRB, recipient of the Outstanding Volunteer Award presented by Honorable Catherine Rice Holderfield, Warren County Family Court Judge

Left to right: Becky Edmondson, Union County Interested Party Review Board, recipient of the Outstanding Volunteer Award presented by Honorable Jill Clark, Chief District Judge, Caldwell, Livingston, Lyon, and Trigg Counties

Left to right: Honorable Jill Clark, Chief District Judge, Caldwell, Livingston, Lyon, and Trigg Counties shares a moment with Past State CFCRB Chair Charlene Greer and State CFCRB Chair Tom Stevenson at the Grand Rivers Regional Training.

Farewell Miss Joyce

By Eric Sexton, Family Services Coordinator

On Tuesday, December 15th, 2009, the McLean County CFCRB board met for their last review of the year. It was a bittersweet meeting as this was also the last review for Joyce Sutton, long time board member and chair. Joyce began her service as a CFCRB volunteer in February of 1997. During most of her 12 years of service Joyce chaired the local board and was always willing to go above any beyond for the children of the Commonwealth. Joyces background in education made her the perfect candidate for the job of volunteer. Her extensive expertise of the county and children served will be greatly missed. At their last review the board and members of the local Cabinet office presented Joyce with a plaque and reception for her dedicated service to the program. Stories and warm wishes were exchanged while everyone fellowshipped and enjoyed some refreshments. While we will certainly miss Joyce, we wish her well in all her future endeavors!

Left to right: Debbie Knight, McLean County DCBS; Tonya Logsdon, McLean County CFCRB; Joyce Sutton, McLean County CFCRB; Linda Edds, McLean County CFCRB; Carol Robertson, McLean County DCBS; April Purtle, McLean County DCBS; Emilee Miller, McLean County DCBS; Kim Smith, McLean County DCBS; and Tonya McManaway, McLean County DCBS.

Check It Out!
By Theresa Zanchi, Administrative Support

Are we doing our part to ensure that all children are having their basic needs met? At the top of each review form is a small section titled Childs Needs. This section does on occasion go unmarked. By leaving this area blank we are not providing important information to the judges. It is in the Childs Needs section that we should indicate if these needs are in fact being met. As outlined in both, U.S. Code 42, Ch.7, IV, E and KRS 620.010, children have certain fundamental rights that must be protected and preserved. Including, but not limited to physical, mental, educational needs and independent living skills. We cannot assume that because the child has been placed in foster care that all of these needs are being met. If we do not provide the judge with a completed review form, are we fulfilling our commitment to these children? At your next review make sure you are doing your part by completing the Childs Needs section. This information is located in the case plan under the out of home care objectives. If a childs physical needs are not being met, check no. If a child is receiving mental health services, check yes. Are the educational services lacking? Is the child learning age appropriate independent living skills? If any box on a review form is checked no, be sure to include why in your findings. For any information that cannot be located in the file or is unclear, take a minute to fill out a question response form. If we dont make sure that each child is having these basic needs met, who will? Ensure that each child is given the same opportunity for success by making complete recommendations. CFCRB volunteers are called to make a difference, The Caring Difference, in the lives of our children. So make sure to check it!

Message from State Chair Tom Stevenson

The past few months have been quite interesting with some wonderful highs and definitely several lows. Although the Judicial Branch Budget passed the General Assembly, the budget was significantly lower than anticipated, leaving the Court of Justice with a $6.8 million shortfall. As difficult as our decisions as an organization are, consider the plight of the children in care. Our local DCBS office has seen its caseload increase dramatically. I wish I could say that this is just a local trend, but we all know better. The Union County CFCRB has recently purchased three toddler car seats and three booster car seats to assist our local DCBS office in transporting our children in care. I know all of the DCBS offices around the state have the same financial concerns. I am sure local DCBS offices would appreciate your board asking if there is a need the board could fill or assist in filling. I can only thank everyone for all you have done. We are the voice of the foster children of Kentucky. Lets keep them being heard.

Message from Executive Officer Patrick Yewell

Greetings Citizen Foster Care Review Board Members! I hope this finds everyone well. While the General Assembly did approve the 20112012 Judicial Branch Budget prior to its adjournment, Chief Justice John D. Minton stated:
The estimated deficit for our Court Operations and Local Facilities Fund for FY 11 (July 1, 2010 June 30, 2011) is $33.3 million. That is the difference between what we were appropriated and what it will cost to operate the courts. We will have a one-time carry-forward of $26.5 million due to reductions made in the last 18 months and judicial center projects that were not completed as quickly as projected. That will help offset the $33.3 million deficit and leave a $6.8 million shortfall.

As you might expect, a $6.8 million shortfall has caused the implementation of a budget reduction plan across all four levels of the court system. Within our own department, Family and Juvenile Drug Court programs across the state will be abolished effective January 1, 2011. The Chief Justice and Director have provided a 7-month transitional period for the children, families, and staff impacted by the loss of such valuable programs. We understand the difficult decisions that have been made during these difficult budget times and truly appreciate the Chief Justices leadership. The Judicial Branch budget will still be short $1.1 million for FY 11 and will require creative approaches to maximize our limited resources and provide continual support and services to each local board. One example of cost-savings measures is conducting the Executive Committee meetings as conference calls and/or GoTo Meetings. CFCRB committees are also meeting in this manner. Many thanks to State Chair Tom Stevenson and each committee chair for their leadership and vision in instituting this practice. We greatly appreciate your support during these tough times.

Legislation Since Kentucky has completed its legislative session this year, we would like to applaud the CFCRB Legislative Committee for their diligence in developing and advocating for House Bill 463. As filed, HB 463 would have provided for the following: The establishment of a new definition of independent living as it relates to a child committed to the custody of the Commonwealth; The amendment of KRS 620.140 to establish that a child committed to the custody of the Commonwealth may request, no later than 12 months after attaining the age of 18 years, to extend or reinstate the commitment; and, The amendment of KRS 620.250 to provide the CFCRB with a copy of the most recent educational record of the child supplied by the cabinet and obtained through any electronic portal or system maintained by the Kentucky Department of Education and provided to the cabinet free of charge, which includes the childs grades, absences, homework, suspension, expulsion, detention hall, or other disciplinary measures taken by the school, and any individual education plan relating to the child before the courts jurisdiction. The CFCRB Legislative Committee accomplished a great deal with this proposed legislation. Unfortunately, HB 463 did not become law. For your records, below is an update on the bills we had previously mentioned and tracked during this session: House Bill 49 o would have required an adjudication hearing for all children placed out of their homes for 45 days, whether in the Cabinets custody or in a relatives custody o did not pass out of the Senate Judiciary Committee. House Bill 84 o would have permitted tuition fee waivers for foster children taking dual credit or dual enrollment classes in high school o did not pass out of the Senate Education Committee. House Bill 260 o would have required appointment of the guardian ad litem prior to the temporary removal hearing

o would have specified that the appointment would include actions through the first annual permanency review o would have set fees for guardians ad litem, o did not pass out of the House Judiciary Committee. House Bill 407 o would have created procedures to permit a limited number of courts participating in a pilot project to open court proceedings which otherwise would be closed, such as dependency, neglect, and abuse proceedings o passed the House and was received in the Senate, but never passed out of the Senate Judiciary Committee. House Bill 285 o would have renamed shaken baby syndrome as pediatric abusive head trauma o would have established guidelines regarding training on this topic o signed by each presiding officer of the House and Senate and was delivered to the Governor to be signed into law. However, the provisions of this legislation requiring and/or encouraging training on pediatric abusive head trauma for physicians, prospective adoptive parents, and guardians ad litem, were deleted before the bill was passed. Nonetheless, requirements for training for law enforcement and urgent care facilities staff remained in the bill. Training An innovative and cost-efficient training tool has become available for CFCRB volunteers and staff. The Eastern Kentucky University (EKU) Training Consortium, Training Resource Center, has finalized the form that provides CFCRB volunteers access to its online training resources. The online courses that are available for our use are those also utilized by the Department for Community Based Services. AOC staff has accessed the training courses and have provided positive reviews of the training application. Training topics

include: Domestic Violence, Understanding Substance Use Disorders in Kentucky Families, Child Development and Forensic Interviewing. Our goal is to have all volunteers enrolled in the online tutorials by July 1, 2010.

Also, a Family Services staff training was held in February to review program policies, child protection statutes, and the Adoption and Safe Families Act guidelines. Special attention was given to the Court Performance Measures recently released by the National Council of Juvenile and Family Court Judges. The Court Performance Measures provide guidance to ensure Kentucky courts are meeting the needs of all children and families involved in child abuse and neglect cases. CFCRB Training and Development Committee Chair Beth Lucas also provided information for the staff training regarding different learning styles. The Family Services Coordinators are also playing an integral role in coordinating the Guardian ad Litem (GAL) training program. The Department of Family and Juvenile Services has been facilitating the GAL training program since 1994. Increasing the Family Service Coordinators role in these trainings has increased the community and local support. These sessions have been approved by the Kentucky Board of Social Work for 6 (six) hours of continuing education units. All CFCRB volunteers are welcome to attend these trainings. Best Practices The Civil Rules Initiative continues to make great strides. A presentation was made to the Kentucky Supreme Court on April 15. The goal of the Initiative is the adoption of uniform family law rules of procedure which focus on best practices in family law cases. Department staff has been intimately involved in this project and continues to work closely with Supreme Court Justice Mary Noble regarding the implementation of the changes to rules of practice in family law cases. One of the ultimate goals of this initiative is to ensure best practices and consistency across the state. The proposed rules, entitled Family Court Rules of Procedure and Practice (FCRPP) are being published in the upcoming edition of the Bench & Bar, the bi-monthly legal publication of the Kentucky Bar Association. This publication is subscribed to by all attorneys licensed to practice in the Commonwealth of Kentucky. Comments and concerns regarding the proposed FCRPP will be heard during the Supreme Court Rules Hearing at the Kentucky Bar Convention on June 18, 2010. The proposed FCRPP, including any changes resulting from the Supreme Court Rules Hearing, will be up for a vote with the Kentucky Supreme Court this fall. Upon adoption of the FCRPP by the

Supreme Court, training will be planned for these rules, which are expected to become effective January 1, 2011. In keeping with the Civil Rules Initiatives focus on best practices in family law cases, the Department of Family and Juvenile Services continues to support best practice initiatives in Jefferson and Fayette Counties. In addition, the department has partnered with the National Council of Juvenile and Family Court Judges to encourage additional jurisdictions to adopt standards of best practice. The two newest jurisdictions to join these efforts are Hardin County and Daviess County, led respectively by Honorable Brent Hall and Honorable Lisa Jones. These judges are in the process of developing local multidisciplinary teams that will work together to examine and identify areas for improvement in their local family law practices. CFCRB volunteers are being invited to be part of this process. In closing, we appreciate your devotion to Kentuckys children in out of home care and your dedication to your local boards.