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Termination of Parental Rights The Legal Aspects A
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rePiliblatieR ot PaPetted,U S DEPARTMENT Of EDUCATION. NATIONAL INSTITUTE OF EDUCATION,EDUCATIONAL RESOURCES INFORMATION. CENTER ERICI,SThis document has been reproduced as. received from the person or organization,originating it. Minor changes have been made to improve,reproduction quality.
Points of view or opinions stated in this docu,ment do not necessarily represent official NIE. position or policy,Ceutter 4rteja Sala,4 en treate Ikbeirs4. Prift41 tgrlioeis,TERMINATION OF PARENTAL RIGHTS,THE LEGAL ASPECTS. A Training Manual,Frank J Kopecky Director,Associate Professor of Legal Studies. Rebecca S Wilkin Research Associate,Center for Legal Studies.
Sangamon State University, Center for Legal Studies Sangamon State University Springfield. Illinois 62708 Training manual developed under a contract with. the Region V Child Welfare Training Center University of Illinois. School of Social Work Urbana Illinois throUgh funds provided by. the U S Department of Health and Human Services OHD 90 CT 1951 03. TERMINATION OF PARENTAL RIGHTS THE LEGAL ASPECTS,TABLE OF CONTENTS. I About this Manual 1 1,II Termination of Parental Rights Workshop 2 1. Curricula Design,Summary of Workshop Units,Workshop Formats. General References,III Unit Descriptions and Materials 3 1.
Unit One Barriers to Termination 3 1,Unit Training Objectives. Summary of Training Content and Methodology,Module 1 Introduction to Workshop. Module 2 Barriers to Termination Lecture,Module 3 Best Interest Unfitness Exercise. Unit Comments,Unit References,Unit Materials 3 6,Lecture Outline Barriers to Termination. Article Reprint The Ghosts in Permanency Planning,Resource Paper U S Supreme Court and the Family.
Resource Paper and Handout Santosky v Kramer Brief. Handout Raymond v Cotner Case,Handout Painter v Bannister Case. Unit Two Grounds for Termination 3 35,Unit Training Objectives. Summary of Training Content and Methodology,Unit Comments. Unit References,Unit Materials 3 37,Lecture Outline Proving the Case in Court. Handout Type of Information Needed to Establish, Example Termination Statute in Conceptual Categories.
Handout State Statutes on Termination Grounds,Resource Paper State Statutes and Case Law. Termination of Parental Rights,Annotated Termination Case The Woods Case. Unit Three Termination Cases and Legal Process 3 82. Unit Training Objectives,Summary of Training Content and Methodology. Unit Comments,Unit References,Unit Materials 3 84,Lecture Outline Termination Cases and Legal. Unit Four Evidence for Social Workers 3 87,Unit Training Objectives.
Summary of Training Content and Methodology,Module 1 Evidence for Social Workers. Module 2 Hearsay Exercise,Unit Comments,Unit References. Unit Materials 3 89,Lecture Outline Evidence for Social Workers. Worksheet Hearsay Exercise,Unit Five Preparing for Court 3 93. Unit Training Objectives,Summary of Training Content and Methodology.
Module 1 Preparing for Court The Baker Case,Module 2 Preparing for Court The Prosecuting. Unit Comments,Unit References,Unit Materials 3 96,Hypothetical Case The Baker Case. Handout Request for Court Action,Unit Six Testimony 3 107. Unit Training Objectives,Summary of Training Content and Methodology. Module 1 Courtroom Testimony,Module 2 Developing Courtroom Testimony.
Unit Comments,Unit References,Unit Materials 3 110. Lecture Outline Courtroom Testimony,Lecture Outline Testimony Direct and Cross. Examination,Handout Direct Testimony Exercises,IV Supplemental Training Units 4 1. Supplemental Unit One The Due Process Hearing 4 1,Unit Training Objectives. Summary of Training Content and Methodology,Unit Materials 4 3.
Worksheet Reading Case Law,Supreme Court Opinions Goldberg v Kelly. In Re Gault Stanley v Illinois,Handouts Analyzing Case Law. Supplemental Unit Two Special Topics 4 24,Unit Training Objectives. Summary of Training Content and Methodology,Unit Materials 4 26. Special Topic Unit Voluntary Relinquishment,Resource Paper Indian Child Welfare Act.
V Bibliography,I ABOUT THIS MANUAL,PROJECT PURPOSE. It is generally recognized that social workers need to know more about. the legal system This is particularly true of the child welfare worker. who must deal regularly with juvenile court and child custody cases. Termination of parental rip rs cases are within one of the more difficult. areas of family law These rases are often highly contested and because. of the nature of the proceedings generally require that complicated legal. procedures be followed before termination of parental rights may be. allowed It has been recognized that many children remain in foster care. too long Delay in processing cases through the courts has been identified. as a factor causing the phenomena often termed foster care drift. This training was designed to promote permanency for children The. training is designed to encourage and facilitate decision making in the. child welfare field Court action is generally required whether the. permanency plan is to return the child home or to seek court action for. adoption This court procedure should be viewed as a safeguard to protect. the rights of all parties to the proceedings It should not be viewed as a. barrier to action on the case Unfortunately too often the courts are. viewed as barriers to permanency The training is designed to increase the. social workers understanding of the legal process knowledge of the law. and skills in case preparation for co irt, The curricula manuals and training materials on termination of. parental rights and child abuse and neglect were prepared by the Center for. Legal Studies at Sangamon State University under a contract from the Region. V Child Welfare Training Center at the University of Illinois School of. Social Work The Center agraed to design training materials on two topics. involving the legal aspects of child welfare practice Following a survey. of the child welfare departments of the six states in Region V Illinois. Indiana Michigan Minnesota Ohio and Wisconsin it was determined that. the states greatest training interests were in the areas of termination of. parental rights and in child abuse and neglect court preparation Training. materials were developed in both areas, The Center for Legal Studies has produced this training manual on. termination of parental rights and a similar manual on child abuse and. neglect court preparation These manuals contain the lesson plans. teaching materials visual aids and handouts for conducting the workshops. The manuals also contain selected reference material and bibliographic. information for additional reading Videotapes have also been prepared for. training in both topic areas, In order to encourage the use of the training materials telephone. consultations consultation visits and demonstration training sessions were. made available to each state in Region V The goals of the consultation. visits and the demonstration training sessions were to identify and train. prospective trainers on the material teaching methodology and alternative. ways to use the materials Several attorneys attended the training. sessions in all states In addition each session was evaluated by both. prospective trainers and a trainee group in attendance to aid in curricula. development Only the termination of parental rights workshop package was. demonstrated in each state due to time and budget constraints. PROJECT PERSONNEL, Frank J Kopecky J D and Director of the Center for Legal Studies.
was project director and Rebecca Wilkin M A Legal Studies and research. associate in the Center for Legal Studies were the principal personnel. Frank Kopecky Associate Professor has taught in the legal studies program. at Sangamon State seven years He is an attorney with considerable. experience in the child welfare field having served as director of a Legal. Services Agency in Illinois specializing in juvenile and family matters and. as chief counsel for the Illinois Department of Children and Family. Services He currently teaches juvenile welfare and administative law. He has written several articles and developed several child welfare and. juvenile law training projects He currently is project director of the. Probation Officer Training Project for all Illinois probation officers. Rebecca Wilkin has worked on several research and training projects in the. child welfare field She has worked on research projects focusing on the. relationship of juvenile court and child welfare personnel in the field and. on the Illinois judiciary She has assisted on past training projects. including the development of curriculum material on child protective. service investigations and delinquency prevention, Several Center for Legal Studies personnel participated in the project. at various times Assistance was provided for legal reseach curricula. design and development of the training manuals by Center graduate. assistants Ada Melton Barbara Olson and Stephen Bremseth Clerical. assistance was provided by Janice Hurley Miki Glass and Brenda Todd. Miki Glass also assisted in the production of the videotape and. photographic materials Ada Melton Barbara Olson and Brenda Todd. appeared in the videotape produced by the project for the termination of. parental rights workshop,ACKNOWLEDGMENTS, This project was funded by the Region V Child Welfare Training Center. at the University of Illinois School of Social Work with funds made. available by the U S Department of Health and Human Services Joan Van. Hull and Gary Schaffer of the Region V Child Welfare Training Center. deserve special thanks for their support and encouragement Vic Edwards. social worker and trainer with the Center for Legal Studies was consulted. from time to time on training aspects of the project. The training coordinators of the child welfare departments of each. Region V state deserve special recognition for their assistance and. willingness to facilitate the use of the training materials within their. states The Illinois Department of Children and Family Services staff. deserve special recognition for their assistance in the development of the. training materials and for providing the trainee staff for the initial. presentation and evaluation of the materials,II TERMINATION OF PARENTAL RIGHTS WORKSHOP. CURRICULA DESIGN, The curricula for the termination of parental rights workshop was. designed to increase the child welfare workers 1 understanding of the. legal system 2 knowledge of law legal procedure terms and concepts. and 3 decision making skills and skills needed for court preparation. Underlying the curricula design is the assumption that children remain in. foster care too long partly because courts do not actively and periodically. review cases of children who are in foster care The training in designed. to give child welfare workers the ability to effectively prepare cases so. that they can take the initiative in the decision making process Child. welfare workers must have an understanding of the legal system and their. role and the role of others in the legal process in order to be active and. effective participants, The training curricula is divided into six units It is designed to.
be conducted in two days A workshop schedule follows in this section. Unit One emphasizes affective learning and attitude change Units Two. Three and Four are designed primarily for cognitive learning through. materials designed to increase knowledge of the law and legal process. Units Five and Six are designed to increase legal skills Units Five and. Six focus on a hypothetical case situation which allows them to apply the. knowledge they have learned in previous units, A considerable amount of time is spent in Unit One examining attitudes. toward termination cases philosophy the roles of the various. participants and basic legal terms and concepts The training curricula. moves from these general theroetical issues to specific issues and finally. to the application of knowledge and skill development The trainees are. given a hypothetical case situation which allows them to apply the. knowledge they have learned in previous units, Units Two Three and Four the cognitive units could easily be. expanded to an entire workshop however this would be a mistake In order. for learning to take place the frustrations which many workers have with. the legal system must be addressed Once these emotional issues are. discussed positive learning of legal questions can proceed Also legal. rules and procedures make more sense if the person can understand the basic. theories behind the rules On the other hand the skills components of the. training can be shortened without losing a great deal from the learning. process The workshop could old with Unit Five Preparing for Court The. materials in Unit Six Testimony could be combined with the testimony. materials found in the child abuse and neglect training materials developed. by this project into a separate workshop on Courtroom Preparation and. These training materials were designed for child welfare workers with. at least one year of field experience Workers should have a general. familiarity with a state s juvenile court act and procedure The training. will be of most benefit to those workers who are assigned to termination of. parental rights adoption and foster care cases The training materials. could be incoporated into a total training workshop on foster care review. and permanency planning, A brief summary of the training units follows in this section. Detailed descriptions of the units and training materials for each unit are. found in Section III of this manual The descriptions include training. objectives lesson plans training materials and bibliographic references. Many of the units can be expanded for a more intensive study of a. particular topic Recommendations for expansion of topics are included in. several of the unit descriptions A third day of training can easily be. added Examples of a two day schedule and format and topics for a. three day workshop format are included in this section Section IV of this. manual Supplemental Training Units contains training materials which. could be used in a three day workshop format,SUMARY OF WORKSHOP UNITS. Unit One Barriers to Termination, The unit has an introductory overview of the two day workshop on the.
legal aspects of termination of parental rights The unit includes a. warm up exercise on the interrelationship of the court and social workers. The unit concentrates on those items which are often considered barriers to. permanency planning It emphasizes that both social workers and legal. professionals have difficulty dealing with termination of parental rights. It covers the legal foundations of family law and reviews definitional. procedural and substantive issues in termination cases. Unit Two Grounds for Termination, The unit is designed to review as thoroughly as possible the statutory. grounds for involuntary termination in the state The unit emphasizes the. difficulty in proving a termination case and the necessity of early and. thorough preparation to meet the requirements of the statutory grounds. The state termination statute is also analyzed around three conceptual. categories of grounds 1 abandonment desertion or lack of interest or. planning for child 2 parental conduct and 3 parental character The. general types of information necessary to prove each category of. termination ground are reviewed,Unit Three Termination Cases and Legal Process. The unit covers the court process involved in a termination case The. concept of due process theory of the adversary process and roles of the. court participants are introduced Voluntary relinquishment procedures are. overviewed The petition process is outlined with a perspective on. potential problem areas,Unit Four Evidence for Social Workers. The unit outlines the trial process and the parts of a trial The. importance of preparation of the case by the social worker and other. pretrial activities are emphasized The rules of evidence are examined. with an emphasis on specific evidentiary icsues which are of concern in the. child welfare field A written exercise on the hearsay rule and. admissibility is included in the unit,Unit Five Preparing for Court The Baker Case. The unit has the trainees apply the materials from lecture to a. hypothetical termination case the Baker Case The case is given out at. the beginning of the workshop with the trainees expected to carefully read. the case overnight The exercise emphasizes the importance of case. prenaration case review and potential weak points in the termination. case Rules of evidence and proof required to establish unfitness are. discussed The Baker Case also raises potential problem areas in a. termination case such as the issue of the putative father. Unit Six Testimony, The unit presents an overview of the procedure in the trial and.
develops the importance of complete threads of testimony to sucessfully. proving a case in court The rules and procedures for courtroom testimony. are reviewed The role of defense counsel and defense strategies are. pointed out An exercise on illustrating a typical pattern of testimony. for a witness is reviewed A 30 minute videotape developed by the project. is shown The videotape consists of a short lecture about testimony and. the Baker case and shows three trainees developing and role playing a. testimony script for the caseworker as a witness in court for the Baker. WORKSHOP FORMATS,Termination of Parental Rights,TWO DAY WORKSHOP FORMAT SUMMARY. Unit One P Arriers to Termination,1 Lecture Limited Discussion. 2 Introduction Hypothetical Case,3 Best Interests Unfitness Exercise. Unit Two Grounds for Termination,Unit Three Termination Cases and Legal Process. Unit Four Evidence for Social Workers,Unit Five Preparing for Court The Baker Case.
2 Hypothetical Case Analysis, Unit Five Preparing for Court The Prosecuting Attorney. 1 Court Report Exercise,Unit Six Testimony, 1 Brief lecture focusing on presenting a prima facie case and. potential defense tactics, 2 Introduce testimony material Limited group exercise. 3 Video Presentation,Center for Legal Studies Project Staff. Sangamon State University Frank 3 Kopecky Director. Springfield Illnois 62708 Rebecca S Wilkin,Phone 217 786 6343 Research Associate.
Child Welfare Training Project,Termination of Parental Rights Workshop. TRAINING SCHEDULE,9 00 9 30 a m UNIT I 1 Introduction to Workshop. 9 30 11 15 a m UNIT I 2 Barriers to Termination, 11 15 12 00 UNIT I 3 Best Interest Unfitness Exercise. 1 00 2 30 p m UNIT II Grounds for Termination, 2 30 4 00 p m UNIT III Termination Cases and Legal Process. 9 00 10 30 a m UNIT IV Evidence Court Preparation, 10 30 12 00 UNIT V 1 Preparing for Court The Baker.
1 00 2 00 p m UNIT V 2 Preparing for Court The,Prosecuting Attorney. 2 00 3 30 p m UNIT VI Testimony,3 30 4 00 p m Closure Evaluation. THREE DAY WORKSHOP FORMAT SUMMARY,Unit One Barriers to Termination. 1 Pre Test Warm Up, 2 Introduce Hypothetical Case Group Exercise Analyzing Facts for a. Case Review and Permanency Goal,3 Barriers to Termination Lecture.
4 Best Interests Unfitness Exercise,Unit Two Due Process Hearing. 1 Analyze Cases, 2 Greater Emphasis on Administrative Due Process and Case Review. 3 Analyze Leading Case on Termination in District,Unit Three Grounds for Termination. 1 Review Statute and Case Law interpreting each ground. 2 Emphasize evidence needed to prove each ground,3 Pitfalls on each ground. Unit Four Legal Procedure for Termination,1 Jurisdiction Due Diligence.
2 Petition Filing Process,3 Voluntary Relinquishment. Unit Five Evidence Court Preparation,1 Adversary Process. 2 Credibility,3 Rules of Evidence,Unit Six Snecial Topics optional. 1 One to two hour workshop on such topics as,a Voluntary relinquishments. b Case reviews,c Adoption process,d Indian Child Welfare Act.

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