In collaboration with the Concord Center and Nebraska Office of Dispute Resolution, the Sarpy County team led by Judge Bob O’Neal and Judge Larry Gendler has secured funding from DHHS for a pilot mediation project beginning in October 2009. The pilot project will involve two types of structured facilitated discussion: Pre-Hearing Termination of Parental Rights Conference (PHTPR) and Permanency Pre-Hearing Conference (PPHC). Over 20 current cases have been selected to be included in the pilot, which is expected to run through June 2010. The goal is to replicated this pilot project in five other juvenile court settings. Mediators from the Concord Center will lead the structured facilitated discussions. Both mediations are governed by Neb. Rev. Stat. section 43-247.01, in that all discussions are considered confidential and privileged.
Permanency Pre-Hearing Conference
In Nebraska, a Permanency Hearing is required by federal law to be held at 12 months after the child enters foster care to determine what the permanency plan will be, namely reunification, guardianship or adoption. However, attorneys, caseworkers and others involved with the child at this critical juncture have, in many cases, not given the Permanency Hearing the focus, intensity and preparation required by law and necessary for the child’s well-being. Instead, the 12-month Permanency Hearings have often been a routine review of the events since the family was last in court. The PPHC is meant to make the Permanency Hearing more meaningful.
The process of the PPHC is similar to that introduced by the Sidney/Kimball team at the Children’s Summit in Grand Island. Its purpose is to bring parties together to gather information and determine what information is still needed prior to the Permanency Hearing so that (a) the court has sufficient information to make a permanency plan decision and (b) the parties have the opportunity to discuss what permanency plans will be proposed to the Court and what steps need to be made to accomplish the plans. The PPHC should be attended by the parents and their attorneys, older children and youth, caseworker, guardians ad litem, relatives, foster parents, the county attorney and the family support worker.
During the PPHC, the mediator will guide the parties through the following stages:
1. Introduction
2. Updates on the children – placement, education and health information, services provided, sibling contact
3. Updates on the parents – services provided, progress and issues still needing to be addressed
4. Discussion of Permanency Plan recommendation(s)
5. Addressing Permanency Plan Questions
6. Discussion of Next Steps
A full discussion of these steps and a list of the Permanency Plan Questions are available in the PPHC Protocol.
The PPHC may result in, but need not, agreement of the parties. The PPHC will be scheduled approximately 6-8 weeks prior to the Permanency Hearing so that there is sufficient time to parties to provide any missing information and ensure all services have been provided. At the conclusion of the PPHC, it will be determined what information should be provided to the Court and by whom.
Pre-Hearing Termination of Parental Rights Conference
When a Petition or Motion for Termination of Parental Rights is filed, the Court typically sets court dates for the Pre-Trial Hearing and Trial. In many cases, agreements are reached by the parties after the Petition is filed but prior to the order of termination of parental rights. However, valuable court time is often wasted and the child lingers in foster care awaiting permanency. The purpose of the PHTPR is to bring the parties together soon after the Petition or Motion is filed to gather information and determine whether the case is ready for trial regarding terminating parental rights and to provide the parties an opportunity to explore non-trial alternatives, such as voluntary relinquishment.
The PHTPR should be held within 14 days of the filing of the Petition or Motion for Termination of Parental Rights, and 6 to 8 weeks prior to trial to ensure sufficient time to provide missing information. The PHTPR may be attended by the parents and their attorneys, older children and youth and their attorneys, the caseworker, relatives, foster parents and the county attorney.
During the PHTPR, the mediator will guide the parties through the following stages:
1. Introduction
2. Updates on the children: current placement and sibling contact
3. Updates on the parents: services provided, progress and lack thereof
4. Discussion of recommendation of termination of parental rights: filing party explains why and other parties have opportunity to express agreement or disagreement
5. Addressing Permanency Plan Questions
6. Discussion of Next Steps
A full discussion of these steps and a list of the Permanency Plan questions are available in the PHTPR Protocol.
The PHTPR may, but need not, result in agreement among the parties. At the conclusion of the PHTPR, it will be decided who will be responsible for next steps and what information will be provided to the Court.
