c8 CPM

Mediation: A Tool for Promoting Permanency: 

Mediation: A Tool for Promoting Permanency NYS Unified Court System The New York Society For The Prevention of Cruelty To Children

Child Welfare in NY State: 

Child Welfare in NY State State supervised: NYS Office of Children and Family Services Locally administered: 58 Local Departments of Social Services (57 Counties + NYC Administration for Children’s Services) Approximately 27,000 Children in Care (NYS); 16,000 (NYC)—[2005 figures]

Development of Permanency Mediation Pilots: 

Development of Permanency Mediation Pilots Long history of the use of mediation in child custody/access issues (CDRC Programs) Court Improvement Projects of the Permanent Judicial Commission on Justice for Children Model Courts Project of the National Council of Juvenile and Family Court Judges OCFS Program Improvement Plan

Development of Permanency Mediation Pilots: 

Development of Permanency Mediation Pilots PJC, ADR and OCFS decide to jointly fund several pilots (April 2003 – March 2005) Local stakeholder planning process Implementation Study conducted by the National Council of Juvenile and Family Court Judges Outcome evaluation conducted by OCFS

New York City Program: 

New York City Program Stakeholder groups Partnership with NYC Family Court Phased program opening in each county Identifying program office space in Court

Program Funding: 

Program Funding OCFS Contract New York Community Trust Other Foundation Grants

Program Staffing: 

Program Staffing In-house Mediator Model Qualifications Family Court Mediators NYSPCC Mediators Program Coordinators Supervision

Training: 

Training Basic Child Permanency Legal Topic Training Adolescent Issues

Outreach Activity: 

Outreach Activity Advisory Committees Program Presentations Meetings with Judges/Referees Court Case Consultations

Child Protective (Dependency) Proceedings: 

Child Protective (Dependency) Proceedings New York State Family Court Act Article 10 Determine need for removal of child from home or supervision of home by protective services Fact-finding of abuse or neglect-sexual/physical abuse, excessive corporal punishment, drug/alcohol abuse, mental illness, ed. neglect, etc. Disposition upon adjudication of abuse or neglect-placement, release, supervision, etc. Permanency Hearings

Other Proceedings: 

Other Proceedings Termination of Parental Rights Surrender/Conditional Surrender Post termination permanency hearings Adoption

Parties to Proceedings: 

Parties to Proceedings Child Protective Service (Administration for Children’s Services ACS) Contracted Foster Care Agencies Parents/Other Persons Legally Responsible Attorneys ACS, Law Guardian, Parents, Foster Care Agencies, Foster Parents

Who Can Refer Cases?: 

Who Can Refer Cases? Judge Court Attorney Referee Attorneys Parties

Mediated Issues: 

Mediated Issues Service Plans Permanency Goal Adolescent Issues Interpersonal Issues Between Parties Post TPR/Adoption Issues

Case Postures at Referral: 

Case Postures at Referral Pre-fact-finding (includes: services, interpersonal issues, placement disputes etc.) Pre-disposition (includes: services, interpersonal issues, placement disputes etc.) Permanency TPR/Surrender Post-TPR Adoption Related Adolescents Custody Petitions (within an Article 10)

Who Attends Mediation Sessions?: 

Who Attends Mediation Sessions? Co-Mediators Parents / foster parents Children (if appropriate) Foster care and ACS caseworkers Attorneys (for child, parents, ACS/agency and foster parents) Therapists and other service providers Observers

Confidentiality: 

Confidentiality Mediation communications (including phone calls and notes taken during sessions) cannot be used as evidence in court or administrative proceeding Exceptions - new allegations of abuse/neglect, imminent risk of serious harm or consensus for disclosure Confidentiality encourages open, broad thinking dialogue between parties

Opening Statement: 

Opening Statement Case development Mandatory vs. voluntary Reveal issues Brainstorm solutions Caucuses – meetings with a few parties Agreements Multiple mediation sessions

Service Plans: 

Service Plans Individualized Realistic Meeting Timeframes Interconnected With Other Services or Systems

Adolescent Issues: 

Adolescent Issues Disagreement Over Permanency Goal Treatment Plans School Attendance or Educational Needs Mental Health Needs Wanting To Be Heard at the Table Independent Living and Supportive Adults for the Youth/Teen

Interpersonal Issues of Dispute: 

Interpersonal Issues of Dispute Trust/Distrust Among Parties Communication Break-downs Prior relationships damaged by an adversarial process and an overburdened system Role Expectations Empowerment Conditional Surrender/Post Adoption Contact

Permanency Goal: 

Permanency Goal Permanency Plan Current Placement Concurrent Planning A.S.F.A (Adoption and Safe Families Act)

Case Examples: 

Case Examples

Compliance Impact: 

Compliance Impact “Mediation significantly impacts the overall compliance structure observed in parents at the conclusion of the child protection intervention process. …Parents who are offered mediation felt less coerced into going along with plans against their will, and were more likely to feel a commitment to the potential value of the intervention for them and their children.”

Compliance Impact cont.: 

Compliance Impact cont. This meant that caseworkers and other interveners could focus more on relieving the stress on the family and intervening in family dynamics and less on dealing with parental resistance and alienation” Mayer, Bernard; Mediation in Child Protection Cases: The Impact of Third-Party Intervention on Parental Compliance Attitudes. Mediation Quarterly, no. 24 San Francisco, Jossey-Bass, Summer 1989