Minnesota State Bar Association

MSBA Children & Law Meeting Minutes
September 11, 2003

Present: Louise Bruce, Robert Roby, Wendy Watson, Kimberly Weinacht, Erica Klein, Dan Ventres, Jody Alholinn, Marian Sakena, Tammy Pust. In attendance by teleconference were Chris Carney and Angela Mongomery-Montez.

The Section began with a discussion about the vacancies on the Council. Because we were unable to verify exactly which position(s) were open, we decided to lay this issue over until our next meeting for further discussion. In the meantime, Section staff will find the minutes from last year's final meeting so we can compare notes regarding vacant positions.

The Committee will meet every second Thursday over noon.

A motion was unanimously passed to add a regular agenda addition to discuss pending legislation at each meeting. There seemed to be an interest in developing a committee "stand" on more issues.

A motion was passed to find information about whether we can open the meetings to non-section members. There was a goal to get more involvement and greater attendance that has to be balanced with MSBA requirements. Louise is looking into MSBA policies.

There was agreement to use email and mail to publish notices and also to email other sections meeting notices as deemed appropriate.

Also, the year's CLE schedule was established:

October 9th: Topic will be the Hennepin County Early Evaluation Pilot Project. Dan Ventres is planning -- hopes to get Judge Swenson and reps from court services.

November 13th: Topic will be pending legislation. Plan is to get lobbyists to present. Being arranged by Tammy Pust. Tammy will contact Mark Fiddler and MSBA lobbyist to present, together with any agency representatives that are allowed to communicate their proposals with us at that time.

December 11th: Topic will be on child support / new formula to determine amount. Louise Bruce is arranging/presenting.

January 8th: Topic will be the New Juvenile Protection Rules that are pending before the MN Supreme Court for adoption. Marian Saksena is arranging.

February 12th: Topic will be the new collaborative project in Anoka that has county attorneys appearing on OFPs to get expedited support arrangements in place. Chris Carney from the Alexandria House is arranging.

March 11th: Topic will be "Special Education 101 and IDEA(Individuals with Disabilities in Education Act)" -- a nuts and bolts seminar on the law. Wendy Watson, an attorney/advocate from ARC is arranging.

April 8th: Topic will be a follow-up panel discussion on special ed law and IDEA (Individuals with Disabilities Education Act) reauthorization. Panelists will include a school district attorney and an attorney who represents families with special needs learners. Being arranged by Wendy Watson, Jody Alholinna and Tammy Pust.

May 13th: Topic will be ICWA (Indian Child Welfare Act) and its' developments. Bob Roby (staff atty from ECLS), Kimberly Weinacht and Angie Montgomery-Montez (appeals clerk) are arranging. Angie will arrange for Juv. Judges to come, Bob works with a tribe and Kimberely hoping to get our WSW to talk about things on the national committee level.

Elections
Chair: Heather McCleery
Co-Vice Chairs: Judy Nord and Marian Saksena
Secretary: Bridget Johnson
Treasurer: Mark Fiddler

Executive Council members:
Tonja Rolfson
Louise Bruce
Ann Ahlstrom
Deb Randolph

New Business and Announcements
Juvenile Rules and Statute Project
Heather McCleery reported the interest of the officers to undertake a project to restructure the child protection laws to fit with the juvenile rules. In addition, there would be an examination of what substantive changes to the child protection laws people might feel were necessary. May want to talk to Betsy Keyes about making the project part of an ad hoc MSBA committee. Heather passed around a list of people who would be interested in participating in this project. She is hoping for 5-10 people willing to commit to approximately a two year project.

Justice Blatz Guardian ad Litem Initiative
The section members discussed Justice Blatz's plan to recruit employees of large firms to act as guardian ad litems. It was proposed to host a reception where Justice Blatz could speak about her proposal.

CLE Presentation
Debra Randolf, Esq. presented on the new guardian ad litem rules and the history surrounding their making. Ms. Randolf expressed some of her concerns regarding the new rules.

First, the rules provide a procedure for registering a complaint about a guardian. One concern with this provision is that there is no requirement that a copy of the complaint be given to the guardian. Another issue with the complaint procedure is that there is no appeals process if the guardian disagrees with the finding, which may raise some due process concerns.

Second, the new rules expressly prohibit guardians from performing the custody evaluation, which is a burden for some small counties.

Third, the training requirements are necessary but there is no money for the training and very few opportunities to attend a training. There is also no system in place for updating training materials. It would be beneficial to have a statewide coordinator for these trainings, but again there is no funding.

Along with voicing these concerns, Ms. Randolf answered a variety of questions from section members.

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Successful and Historic Occasion for our Section
We held our first meeting via teleconference and two additional persons were able to access our meeting. We were pleased to have Betsy Keyes, one of our MSBA liaisons, present to assist with the teleconferencing and our section will continue to consider this option for persons who request access through this method. Persons interested in future participation through teleconferencing for a specific meeting date should contact either Betsy Keyes at (612) 278-6336 or Heather Sia at (612) 278-6323 at least one week in advance of the meeting date so arrangements can be made to set up the teleconference. If you join us by tele-conference, please be sure to introduce yourself so we can all keep in touch, and we would greatly appreciate input from those who do join us by teleconference.

Treasurer's Report
Mark Fiddler reported that our section's current balance is $2,271.01 as of August 31, 1999.

The November CLE presentation will be "Tribal Courts 101" by Vanya Hogen-Kind, Esq.

Mark Fiddler reported on the Children's Coalition Subcommittee. The Subcommittee is sponsoring a workshop symposium on November 8-9, 1999 entitled "Children's Human Rights: Implementing Practical Strategies in Minnesota" at the University of Minnesota, St. Paul Campus (Earle Brown Center). The cost is $75.00 for both days and $40 for the first day only. The first day features an impressive line-up of speakers on the issues of children's human rights and the United Nations Convention. The second day will be the "working" portion of the symposium, so you would need to have attended the first day to have meaningful involvement on the second day. For more information, or registration materials, contact Janny Grice at (612) 278-6305.

Old Business
Mark Fiddler presented the costs of the symposium, which had been previously discussed at the September meeting, but had been tabled until and updated treasury report could be made. The Section voted to contribute $500 to the costs of the Children's Coalition Subcommittee symposium.

New Business
Amendments are being proposed to CLE standards / costs and a hearing is set for December 15, 1999 at 10:00 a.m. in Room 300 of the Minnesota State Justice Center in St. Paul. These amendments would have a financial impact on our section's ability to continue providing CLE's at every meeting. If we are participating in comment on this issue, we will need to submit Twelve (12) copies of written statement to Minnesota Supreme Court Clerk Fred Grittner and will need to submit any request to present orally at the hearing in writing at the same time. The deadline for submission of comments is December 8, 1999. The issue will be on our agenda and will be more fully presented by Chair Tonja Rolfson at our next meeting.

Impact Fund Proposals
We have another opportunity to seek funding from the MSBA Impact Fund to fund special projects. The deadline is December 1, 1999 and the focus is on technology/advances that will enable lawyers to communicate more effectively with clients and also on the direction of the legal profession as it approaches the year 2000.

Professional Aspirations
The MSBA Professionalism Committee has developed "Professional Aspirations," a voluntary set of standards of professional behavior for lawyers and judges. The Committee is seeking comments on these standards before December 1, 1999. The Committee plans to submit these standards to the Board of Governors for approval at the mid-year meeting in January, 2000. For a copy of these professional aspirations or to submit comments, contact Mary Grau at the MSBA Offices (e-mail: mgrau@statebar.gen.mn.us) or phone: (612) 278-6322.

Announcements
A Juvenile Justice Services Task Force has been formed, headed by Minnesota Supreme Court Justice Joan Lancaster. The focus will be on services for delinquents. The report will be due September 1, 2000.

We have received a National Directory of Pro Bono Services Available for Children and this directory will be added to our library, which is currently housed and maintained by our chair, Tonja Rolfson.

CLE Presentation
Our speaker was Assistant Ramsey County Attorney Chris Wilton who spoke on Asian Youth Gangs.

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Treasurer's Report
Kathy Scott reports for Mark Fiddler
Balance as of March 31, 1999 is $896.69

Committee and Other Reports
Legislation Committee Report
No formal report given CLE Presentation on legislation. Discussion of possible changes to/expansion to the open adoption law.

Children's Coalition Report
None. (but see, Impact Fund Proposal under Old Business.)

Old Business
MSBA Annual Meeting
Council has approved sending out letters to members regarding the CLE presentation. Kathy Scott will email a letter to the County Attorneys' Association for distribution to their members. Gary Debele will send a letter to the Judges' Association for distribution to their members. Gary Debele has already sent a letter to the Indian Bar Association for distribution to their members.

Impact Fund Proposal
Kathy Scott reports that Mark Fiddler has applied for a grant of up to $10,000.00 to fund a conference to be held by the Children's Coalition and Minnesota Advocates for Human Rights. The conference is intended to examine children's rights and then plan strategies to improve the way children's rights are met. This conference is to be held on the tenth anniversary of the adoption of the UN Convention on the Rights of the Child by the General Assembly of the United Nations. The C&L section has previously sponsored the Children's Coalition, which is a subcommittee of the Section.

New Business
Email Lists for Questions
C&L members are encouraged to think about an email list to use for general legal inquiries (no names of clients, etc.) as a way to brainstorm solutions to tough legal problems. The ABA has two such national lists, one focused on legal issues and one focused on improving the court system. C&L may want to get approval to put links to these on the C&L website.

Grand Opening of MSBA at old Wards Space
June 3, 1999 from 4:30 - 7:30 p.m. (hors d'oeuvres and beverages provided).

Pamphlet on Children's Issues from the Minn. S. Ct.
"A Parental Guide to Making Child-Focused Visitation Decisions" now available.

Elections of New Officers
The following officers were elected:
Vice-chair: Heather McCleery
Secretary: Rachel Cleary
Treasurer: Mark Fiddler
Council: Kathy Scott
Council: Louise Bruce

CLE Presentation
Rosemary Frazel, attorney with the Children's Defense Fund, presented on the new developments from the Minnesota Legislature as they relate to children including Early Childhood changes (childcare funding, enforcement against fraud, advertisement of an at-home infant care program, Early Childhood Family Education program changes, and new resources for parents); Child Support changes (provisions for moms' lost wages, revocation of recreational licenses penalties, and arrears and pass-through provisions); Child Protection changes (severe chemical dependency defined as neglect, domestic violence can be basis of CHIPS); Welfare changes (MFIP exit levels, job counselor and employment service supports, and MFIP education and training provisions); new tax credits, more money for subsidized housing, and a school breakfast program called "Fast Break to Learning."

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Children and the Law Section Meeting Minutes: April 24, 1999

Committee and Other Reports
Legislation
No report, legislation discussed as part of CLE presentation.

Old Business
MSBA Annual Meeting
The MSBA annual meeting is in Duluth this year. The section will be cosponsoring a CLE with the Family Law Section on July 1, 1999 at 1:30pm. The topic is tribal court\district court issues in family and juvenile law.

New Business
Impact Fund Proposals
Section members discussed whether to submit a Impact Fund proposal. Proposal must be "short-term" and "innovative." Louise Bruce volunteer to discuss possible proposals with the Youth and Law Section of the Ramsey County Bar.

Guidelines for Evaluating Policy Proposals Related to Domestic Violence and Children
The section approved a draft of guidelines for evaluating policy proposals related to domestic violence and children. The Family Law Section has already approved the guidelines.

Expansion of Relative Visitation
Section members discussed a legislative proposal that would expand the rights of relatives to petition for visitation. No action was taken.

CLE Presentation
Stephen Arnott, Legislative Committee Chair of the Family Law Section, provided an update on legislation pending on the Minnesota Legislation that would affect children and families. Legislation to modify the child support adminstrative process in response to the Holmberg decision has passed the Senate and is close to passage in the House. At the same time, a Supreme Court advisory committee is meeting to develop rules for the new child support process known as the "child support expedited process." Legislation that would recognize covenant marriages and expand grandparents' visitation rights passed the Civil Law Committee in the House, but has not been heard in the Senate.

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Children and the Law Section Meeting Minutes: March 22, 1999

Committee and Other Reports
Legislation
Heather McCleery and Mark Fiddler discussed upcoming legislative issues including proposed changes to the Adoption Registry.

Children's Coalition
Members are encouraged to contact Joan Kucera or Mark Fiddler if they have an interest in helping with the Children's Coalition.

Old Business
The section was reminded that the Children & the Law Section and the Family Law Section are co-sponsoring a CLE at the Minnesota State Bar Association Convention in Duluth. The topic of the CLE is tribal and state court jurisdiction issues in family law, adoption and CHIPS (Children in Need of Protection or Services) matters. Loretta Fredericks and Gary Debele are arranging for a panel of discussants. The CLE will be on July 1, 1999 at 1:30 p.m.

CLE Presentation
Jeffrey L. Edleson, Ph.D., professor at the University of Minnesota, School of Social Work and Director of the Minnesota Center Against Violence and Abuse (MINCAVA) spoke about the impact of domestic violence on children and, in particular, about the effect upon children of witnessing domestic violence, both visually and/or aurally. Among other things, Prof. Edleson also discussed how obtaining an Order for Protection could actually put a mother and her children in greater harm in some cases thus bringing into question any assumptions that failing to obtain an Order for Protection constitutes a "failure to protect" one's children. For additional information about this topic, contact Prof. Edleson at MINCAVA, 386 McNeal Hall, 1985 Buford Avenue, St. Paul, Minnesota 55108, (612) 624-0721 or toll free (800) 636-2282; Fax: (612) 625-4288; E-mail jedleson@tc.umn.edu.

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Children and the Law Section Meeting Minutes: February 22, 1999

Legislation
i) The section's legislative proposal to make changes to the putative father's registry statute was approved by the Board of Governor's and has been introduced in the House and Senate. ii) Mark Fiddler discussed a bill related to best interests and adoption which has been laid over until the next session.

Children's Coalition
Mark Fiddler report that funding from the Kellogg Foundation for the project has ended. Some foundations has been reluctant to fund the coalition because it involves legislative advocacy. The coalition may change its strategy to focus on public education and networking. Mark introducted Jean Kucera who will be working on the project and is looking for information. To get on an e-mail list for updates, e-mail kucer002@tc.umn.edu.

Children and the Law Center
Deb Randolph provide an update on recent work of the Children and the Law Center.

New Business
a. Child Support Administrative Process: Section members discussed the recent Holmberg decision which found the child support administrative process unconstitutional. The legislature is currently considering legislation to ensure that the process is constitutional.
b. Section Dues: Dues for section membership will remain $20.00. The section approved a proposal to provide free section membership to new MSBA members.

CLE Presentation
Open Adoption: How it Works from a Legal and Human Perspective

Gary Debele, Kathy Scott and Joey Matson gave a CLE presentation on open adoption. Minnesota's open adoption law, Minn. Stat. 259.58, was enacted in 1997 pursuant to recommendations by a Supreme Court Task Force on Foster Care and Adoption. A minority of state allow open adoptions, although the number of states that allow open adoptions has increased significantly in recent years. Minnesota's open adoption law includes some unique elements including a provision that failure to comply with a agreed order is not grounds for setting aside an adoption decree or revoking written consent to an adoption; and that parties must mediate or attempt to mediate any disputes prior to filing a motion to enforce an order.

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Children and the Law Section Meeting Minutes: January 25, 1999

Approval of the Minutes
Minutes from November and December 1998 meetings were approved.

Legislation
The MSBA House of Delegates voted to support the section's legislative proposals. Heather McCleery distributed a list of legislation related to children introduced in the Minnesota Legislature.

Children's Coalition
Mark Fiddler reported that a grant proposal has been submitted to the Stearns Family Foundation.

Children and the Law Institute
No report. Planning is ongoing for the Youth and the Law Conference which is co-sponsored by the section.

Children's Law Center
CLC is holding on conference on Children and Immigration Law.

Old Business
a. Best Interests Proposed Legislation: This agenda item was withdrawn.

New Business
a. MSBA Convention: Section members discussed the merits of sponsoring a joint CLE with the Family Law Section.
b. New Juvenile Court Rules: For information on the new rules see the Minnesota Supreme Court's website (www.courts.state.mn.us).
c. Revision to CLE Rules to Allow Audio Conferences: The section discussed a proposed amendment to the CLE rules to allow audio participation at CLE conference. A motion to support the proposal was approved.
d. Recruitment: The chair gave a report on her work the the Children's Law Center to recruit new section members.

CLE Presentation
Combining the Jurisdiction of Family Court and Juvenile Court in Ramsey County

Judge Charles Flinn and Ramsey County Special Courts Administrator Michael Moriatory gave a CLE presentation on efforts to combine family court and juvenile court jurisdiction in Ramsey County.

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Children and the Law Section Meeting Minutes: December 14, 1998

Webmaster Report
Tonja Rolfson gave the Webmaster Report. She is currently trying to put the Children's Human Rights Coalition feasibility study on the section's website.

Children's Human Rights Coalition:
The Coalition is trying to raise $125,000. Volunteers are needed, if interested, contact Mark Fiddler.

Children's Law Center Liasion:
The Children's Law Center recently received a Midwest Human Rights Hero award.

Old Business
Heather McCleary brought information on becoming a volunteer guardian ad litem in Ramsey County. For an application, call 651/298-4047.

Legislation
1. Adoption:
The section discussed recommended changes to state adoption law developed by the Adoption Legislative Task Force. The section voted to support changes to the contact agreement statute and the father's adoption registry.

2. Post-Adoption Report:
The section approved a proposal to give full faith and credit to post-adoption reports of foreign counties. This is currently part of the Hague Convention, but has not been adopted by the
United States.

3. Best Interest Standard when an Unwed Father Files for Paternity:
The section voted to table a proposal to require a best interest standard prior to establishing paternity in certain cases where a father files for
paternity after an adoption petition has been filed.

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Treasurer's Report
Mark Fiddler gave the Treasurer's Report. Current balance is $990.

Children's Coalition
Mark Fiddler shared a copy of the feasibility study conducted for the Children's Human Rights Coalition. A copy is available from the Chair. Section representation is still need on the planning committee. The coalition is currently seeking funding. The Minnesota Advocates for Human Rights has agreed to house the coalition. If you want to be on the e-mail list for the coalition send an e-mail to mfidd@aol.com.

Old Business
Mark Fiddler provided an update on the juvenile protection rules. There have been no substantial changes since the last draft was presented to the Section. There will be one more meeting of the
full committee in December before the final draft is sent to the Supreme Court.

New Business
Parental Cooperation:
A Parental Cooperation Task Force has been established by the Supreme Court. Two section members, Christa Anders and Nancy Mischel, have been appointed to it. Gary Debele reported that the Minnesota Chapter of Matrimonial Lawyers are working on a parental cooperation proposal.

Legislative Issues:
Heather McCleary discussed upcoming legislative issues. The section reviewed a report of the Adoption Legislative Task Force. Discussion was tabled until the December meeting.

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Children and the Law Section Meeting Minutes: October 26, 1998
Business Meeting
Minutes from the September 28, 1998 meeting are available through the MSBA website (www.mnbar.org). Since no one had read them, approval was delayed until the next meeting.

Treasurer's Report
Membership is down about half from last year. Dues were raised from $15 to $20 this year. A letter is being sent to those who have not paid dues.

Children's Coalition
Mark Fiddler informed the Section that a report of the feasibility study is complete. People may contact Mark for a copy. Support for a Children's Coalition was nearly unanimous. A meeting will take place in November for interested participants to further define the Coalition's structure, mission, etc. It is hoped that the Coalition will be housed at the MN Advocates for Human Rights office. Mark made a motion for the Section to recommend:

1) that a planning committee comprised of individuals who participated in the feasibility study and the Children & the Law section be formed, and
2) that the planning committee adopt a statement of goals, mission and objectives, using recommendations contained in the aforementioned report as a starting point.

Old Business
Children's Law Center liaison to the Section is Debra Randolph.

New Business
A "Rush night" for new MSBA members will take place Thursday, November 5 from 5-7 p.m. Louise Bruce will represent the Section at this event.

A question was raised as to whether the Section should see if the Supreme Court would be receptive to a request from the legislature for a task force to look at all existing statutes affecting children in light of the best interests standard. A concern was raised that this might be a task the Children's Coalition could take on, without the necessity of a Supreme Court Task Force. It was decided to hold off on this idea until after the Children's Coalition planning meeting in November.

Continuing Legal Education Program
CHIPS Permanency Timelines
Andrew Mitchell, Hennepin County Attorney's Office.

Hennepin County has 22 full or part-time lawyers that do CHIPS cases exclusively, not including delinquency. There are usually over 1000 active petitions at any time. Andy reviewed with the Section a timeline of events influencing the permanency timeline, from the Adoption Assistance in Child Welfare Act of 1980 up to 1998 legislation and case law.

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Children and the Law Section Meeting Minutes: September 28, 1998
Business Meeting and Committee Reports
The minutes from the June 25, 1998 were presented and approved. Tonja Rolfson gave a treasurer’s report. Current balance in our account is $1,046 as of August 31, 1998. The section has received $1851 in revenue from dues this year.

Section/Committee Structure
The chair led a review of the current committee structure of the section. The following committees were eliminated: CLE planning, children with AIDS, open juvenile courts, newsletter, high school law clinic, ABA foster care project.

Children’s Law Institute
The section discussed whether to sponsor a Children’s Law Institute. All institutes need to go through the CLE division of the MSBA. There is no cost to the section (and no revenues for the section). The per participant cost for institutes is $155 per participant. Irene Opsahl volunteered to chair a committee that would organize an institute and select topics.

Legislation Committee
The deadline for submission of section legislative proposals to the MSBA is December 4, 1998.

Children’s Coalition
Mark Fiddler is currently in the process of interviewing about 20 people as part of a feasibility study. He will present a final report at the next section meeting.

Continuing Legal Education Program
Update on Proposed Juvenile Protection Rules
Irene Opsahl, Legal Aid Society of Minneapolis and Juvenile Protection Rules Advisory Committee Reporter

The Minnesota Supreme Court established a Juvenile Protection Rules Advisory Committee last year to review the existing child protection rules for conformity with federal and state statutory changes and case law. The committee has been meeting on a monthly basis since September 1997. It issued a first draft for public comment in July 1997. A second draft was issued on September 18, 1998. Written comments are due on or before October 12, 1998. Persons may provide oral comments on October 23, 1998. For a copy of the draft rules contact Judith Nord, staff attorney with the Supreme Court, at 651/282-3972.

The proposed rules will be submitted to the court in December 1998. Some highlights of the presentation include:

the rules do not address open juvenile court issues;
the committee is attempting to make the rules self-contained and freestanding by incorporating in whole all other relevant rules;
the committee is recommending that adoption rules be dealt with by a separate committee;
appointment of counsel is mandated for all children age 12 or older;
the rules use a criminal model for discovery;
the proposed rules do not include a provision for summary judgment, the committee decided that summary judgment was more likely to slow down the process than it was to lead to better decision making;
the rules allow a party to enter a "no-contest" plea, in other words, a party does not need to admit to an allegation, but can just admit that they need services.
Submitted by:
Shawn Fremstad
Secretary

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Children and Law Section Meeting Minutes: April 27, 1998
Business Meeting
Treasury
We have a balance of $49.31 in our account. The Children and the Law Section dues have been raised to $20.00. We anticipate that our account balance will increase once we collect the yearly dues from our members.

Legislation
Mike Flanagan sent a Memorandum to me (Heather McCleery) about the Putative Father Legislation. We ended up passing the bill after Mike had the bill removed from the "Dawkins" Parenting bill and attached it to the House bill involving adoption. The bills that were passed are:

Chapter 354, H.F. 3332, Rep. Skoglund/Sen. Ranum, Sections 1-7
Chapter 382, H.F. 2276, Rep. Dawkins/Sen. Foley, Article 2
Note that the language in both bills is identical with one exception. In Chapter 382, Senator Kiscaden amended the bill to strike the work "putative" where it was used in conjunction with the term "putative father's adoption registry." Therefore, the language in that bill will state "father's adoption registry." Senator Kiscaden did not delete the word "putative" in any other places in the bill.

Mike met with the Revisor of Statutes and he stated that both Chapters will appear in the 1998 Session Laws. However, only Chapter 382 will appear in the 1998 edition of the Statutes.

Opening Juvenile Court
Kathy Scott handed out copies of the Recommendations of the Minnesota Supreme Court Advisory Committee on Open Hearings in Juvenile Protection Matters. If anyone would like a copy or would like to comment on the recommendations, please contact Kathy Scott. Also, remember that Candace Barr is our liaison between the Supreme Court Advisory Committee on Opening Juvenile Court and the Children and the Law Section.

Special Projects
Gary stated that he will schedule another meeting of this subcommittee and anticipates sending out notices of the upcoming meeting. If you are interested in this subcommittee, please contact Gary. There is always room for more participation.

Officer Positions
Positions available for next year: We are still accepting nominations for the positions of Vice-Chair, Treasury, Secretary, and for Executive Officers (2 positions open). Please do not hesitate to nominate yourself. Direct all nominations to Christa Anders.

New Business
Gary Debele received a call from a woman from Civic Pride, Inc. asking the Children and the Law Section to approve $1500 to be given to Civic Pride, Inc. from the MSBA Impact Fund. Gary checked into this fund, and was told that it exists and that the fund has given to similar organizations in the past. A motion was made to approve, it was seconded, but was defeated when voted upon. Another motion was made to have the Executive committee of the Children and the Law Section look into the issue further. That motion was seconded and ultimately passed after voting. The Executive Committee will be looking into the issue further. If anyone has any comments or any information on Civic Pride, Inc., please direct all comments to Gary Debele or a member of the Executive Committee.

Ellen Abbott spoke about the fact that she is participating in writing an article for the "visitation" issue of the Family Law Forum, which is scheduled for publication in July 1998. Ellen also stated that the next issue after the visitation issue, will be focused on custody. If anyone has any comments, or any input they would like to give, please contact Ellen Abbott at 340-1405.

Continuing Legal Education:
Foster Care - What You Don't Hear About (Part I)
Sara McNeely and Deanna Steckman
Foster Care Team, Minnesota Department of Human Services

Please note that there were three handouts from this lecture. They are entitled: "Permanency Planning", "Reasonable Efforts", and "Reasonable Efforts Language Needed for Title IV-E Reimbursability" If you would like a copy, please contact Heather Sia at the MSBA.

Funding
The lecture was limited to funding issues involving out-of-home placement for children who have been adjudicated CHIPS. Funding for delinquent juveniles was not included in this discussion. Almost all of the costs of out-of-home placement are absorbed by the county. The state pays a very minimal part. In 1980, the Federal Government (or the Feds, as Sara called it) started reimbursing the county for costs, subject to certain rules. For example, the Feds reimbursed for training of foster parents and also reimbursed for a portion of administrative costs. One of the requirements that needed to be fulfilled before the county would be reimbursed, is that the county had to provide reasonable efforts to the families involved. Despite change in the legislation as it relates to child welfare, there has been minimal change in the definition of reasonable efforts. The case plan within 30 days and finding the "least restrictive placement" is required by the Feds. Also, the mandatory administrative reviews are Federal requirements.

In 1990, Minnesota adopted the Family Preservation Act and addressed permanency goals. There was a strong emphasis on reunifying the family and preventing children from languishing in foster care. Sometimes this was to the detriment of the children. Before the Adoption Assistance Act was passed, the ICWA was passed. The ICWA required the counties to "do more" in cases involving Native American children. There were more stringent requirements set by the Feds to ensure that in the future, Native American children would not encompass a disproportionately high percentage of out-of-home placements.

The Feds eradicated Minnesota's Heritage Act, which put emphasis on placing children in families with the same ethnicity or of the same race. The federal law was essentially "color blind." Under the Feds, one cannot consider culture, race or ethnicity unless the social worker specifically documents reasons why in this case consideration needs to be done. If the social worker fails to do this and if there is a preference because of culture, race or ethnicity, then it may be a violation of the civil rights act.

In 1997, the length of permanency hearings was reduced to 12 months. This is a federal requirement. It was implemented mostly to prevent children from remaining in foster care unnecessarily for long periods of time. Other new federal requirements now make the state responsible for moving children from foster care to adoption if reunification is no longer possible. The Feds give the state a financial reward for completion of adoptions. For example, there were a certain percentage of adoption completed among children who are state wards (this reimbursement only applies to children who are state wards). The Feds would look at that percentage, set a higher percentage, and if the state meets that higher percentage of adoptions, then the Feds will provide the reimbursement.

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Children and Law Section Meeting Minutes: March 23, 1998
Business Meeting
Minutes will no longer be sent to every member. It was getting too expensive. Rather, you can access the minutes via the Internet at the MSBA website.

Tonja gave a detailed budget analysis and proposal for membership dues for next year. We voted on membership dues of $20.00.

The putative father registry is progressing along well at the legislature. Both the House and Senate versions of the bill passed. The only major difference between the two is that one requires notice to the birth mother when the "putative father" registers on the database.

The Opening Juvenile Court subcommittee is working on researching the pros and cons of opening CHIPS and TPR proceedings. Contact Kathy Scott if interested in being on committee. Candace Barr is the liaison between Children and the Law Section and the Advisory Committee of the Supreme Court on Opening Juvenile Court.

Gary Debele spoke briefly about the special projects subcommittee. There will be a meeting on Thursday afternoon on March 26, 1998 at his office.

Continuing Legal Education
Dual Track Theory and Concurrent Planning
Esther Wattenberg, University of Minnesota, School of Social Work

There has been an unsettled debate between protection of children or what is in the child's best interests and preservation of the family. For example, what role would child protection have in this scenario? A father ties his son's legs to the bed in order to prevent him from associating with gang members. There may be cultural, situational, and family factors to take into consideration. Adolescents are part of the "vulnerable population," and may require services, just as those younger children do who enter the child protection system. The new child welfare legislation will address the issue of adolescents.

The Adoption and Safe Family Act of 1997 moved the focus from a family preservation emphasis to a child protection emphasis. This piece of legislation stressed that we invest time and energy in the early years of a child's life. Terms such as concurrent planning, where there is an impetus to both reunite the family, but also search for an adoptive home, in the event that reunification fails. This type of planning seeks to reduce the amount of "limbo" time between the termination of parental rights and adoption or permanency. It also attempts to curb placement and re-placement. Generally, this type of planning would be used with "high risk" families. This legislation also focused on the role of the courts and sought to pay attention to families with "poor prognosis."

The Adoption Assistance Act focused on those situations where reasonable efforts are not required. Reasonable efforts to reunite the family is not required where there is egregious harm, and upon a showing that the parent is"palpably unfit."

What might be some answers to why there is a shift away from family preservation towards the best interests of the child? First, there is an enormous gap between the public's expectation of the child protection system and what the child protection system can actually accomplish. Secondly, if family preservation is the guiding factor, why are so many children being placed out of home? There is obviously a tremendous cost involved, both financially and emotionally. The public may perceive a dramatic increase in children being placed outside the home. However, there is not necessarily an increase in placement, but rather very "sick" children coming into the system requiring extensive care, which may give the illusion of a "higher" number of children being placed outside the home.

There is a hierarchy within the child protection system in terms of a child's future, once they are in the "system." At the top, is reunification. Second from the top is relative placement. Here relative adoption may take place, but it is unclear whether relative adoption as opposed to relative placement is necessarily in the best interests of the child. Third from the top, is non-relative placement. Here, adoption is seen as a preference and in the best interests of the child. Finally, on the bottom of the scale, is long-term foster care. This is generally reserved for older children who are in the system.

In the system, there is always a question of what to do after a referral and an assessment have been done. For example, one state used the police to investigate after an assessment had been done. When this is done, a high rate of emergency placement was found and there was literally no follow up to see how the child was doing after there was reunification. This practice of the police investigating also might send a "chill" out into the community (especially smaller ones) and may actually dissuade people in the community from reporting child protection matters.