Foster Care Policy Think Tank
“Removing Obstacles to Permanency”
Think Tank Annual Report 2010
Recommendations
sponsored by
The Foster Care Justice Alliance
Foster Care Justice Alliance, P.O. Box 233, Woodinville, WA 98072-0233
www.FosterJustice.com
Table of Contents
Introduction ......................................................................................................................... 3
Participants .......................................................................................................................... 4
Issues ................................................................................................................................... 5
Issue #1: Legal Representation ....................................................................................... 5
Recommendation #1 ................................................................................................... 5
Recommendation #2 ................................................................................................... 5
Recommendation #3 ................................................................................................... 5
Issue #2: The Right to be Heard ..................................................................................... 6
Recommendation #4 ................................................................................................... 6
Recommendation #5 ................................................................................................... 6
Recommendation #6 ................................................................................................... 6
Recommendation #7 ................................................................................................... 7
Recommendation #8 ................................................................................................... 7
Issue #3: Importance of Psychological Relationships and Continuity of Care ............... 8
Recommendation #9 ................................................................................................... 8
Recommendation #10 ................................................................................................. 8
Recommendation #11 ................................................................................................. 9
Recommendation #12 ................................................................................................. 9
Issue #4: CPS Allegations ............................................................................................. 10
Recommendation #13 ............................................................................................... 10
Recommendation #14 ............................................................................................... 10
Recommendation #14 ............................................................................................... 10
Recommendation #15 ............................................................................................... 10
Recommendation #16 ............................................................................................... 10
Recommendation #17 ............................................................................................... 11
Future Sessions ................................................................................................................. 12
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Introduction
Foster Care Justice Alliance is a 501(c)(3) voluntary, non-profit organization
incorporated in Washington State and registered with the Washington State Charities
Commission. Our core mission is to protect the rights of children in out-of-home care.
The mission in macro is to advocate for change in law and in society. Our seminal idea
was the creation of a think tank to bring together the voices of those most closely touched
by foster care, together with experts in law, mental health, law enforcement, and others to
discuss solutions.
Our theme, “Removing Obstacles to Permanency” reflects a view that permanency is
denied in most cases well beyond statutory guidelines, which causes often irreversible
damage and denies the child due process.
The think tank meets twice a year, in the spring and fall. Additionally, in 2009, we held
two work groups on CPS Allegations and Psychological Relationships, respectively.
The participants were invited by the FCJA Board of Directors based on their expertise to
advise our advocacy, which might not necessarily imply endorsement of our eventual
recommendations. This report represents the discussions from these meetings.
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Participants *
Participants from the Spring and Fall Sessions and Work Groups, combined
(in alphabetical order)
Bob Adams
Vice President, Foster Care Justice Alliance
Christy Koshney
Foster Care Alumna, Mockingbird Society
Kelly Adams
Board Member, Foster Care Justice Alliance
Kara M. Kruse
Attorney, Tuohy, Minor, and Kruse
Brett Ballew
Attorney, Office of Public Defense
Laurie Lippold
Lobbyist, Children's Home Society
Jerry Bobo
Foster Care Alumnus, Mockingbird Society
Gary Malkasian
President, Foster Care Justice Alliance
Tanjerra Brown
Foster Care Alumna, Mockingbird Society
Mary Meinig
Director, Office of the Family and
Children's Ombudsman
Beverly Cuevas, L.C.S.W, A.C.S.W
Co-founder, Attachment and Trauma
Specialists
Deane W. Minor
Attorney, Tuohy, Minor, and Kruse
Linda Green-Baskett, M.A., L.M.H.C.
Threshold Counseling
Washington Adoptive Families Alliance
Jim Theofelis
Director, Mockingbird Society
Casey Trupin
Attorney, Columbia Legal Services
Micheal Heard
Social Services Manager, Office of Public
Defense
Georgina Ramirez
Foster Care Alumna, Mockingbird Society
Denise Meeds Hollenbeck, CCO2
Snohomish County Intake/PSI Unit, D.O.C.
Cindy Reis
Licensed Family Therapist
Diane Henshaw
Court Appointed Special Advocate (CASA)
Kara Sanders
The Mockingbird Network Coordinator
Nicholas Holcombe
Foster Care Alumnus, Mockingbird Society
Erin Shea McCann
Attorney, Columbia Legal Services
Melissa Kelly
Professor Psychology, Millsaps College
Rhonda Smith
Foster Care Alumna, Mockingbird Society
* Participants represented their own views, which might not reflect the views of all members of their
respective organizations. This report is a record of our discussions. Participants were invited to advise
the advocacy of FCJA, which might not necessarily imply endorsement of our recommendations. Listed
participants attended one or more sessions in 2009.
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Issues
Issue #1: Legal Representation
Legal representation is a constitutional right that is regularly denied children in out-of-home
care. It is hard to imaging a greater need for legal representation than when decisions are being
that will determine the rest of a child’s life. Most parents would mortgage their home or go into
debt before they would allow their child to go into a courtroom without an attorney. Children in
dependency should not be treated any differently.
Many children in dependency do not have a guardian ad litem at all, volunteer or attorney, which
is already a violation of Washington State Law. Current law also gives children age 12 and older
the right to request an attorney, but most children are not informed of the law.
Legal representation was a high priority for all think tank participants. It was the highest priority
issue for those that were foster care alumni.
Recommendation #1
Recommendation to the Washington State Legislature
Enact legislation requiring case managers and CASA/GALs to inform children age 12 and older
of their right to an attorney, and ask if they want an attorney. The child's response shall be
included in the ISSP and the Guardian's Report.
Recommendation #2
Recommendation to the Washington State Superior Court Judges Association
Develop voluntary standards for attorneys representing children in dependency, regarding case
load, visitation, and training.
Recommendation #3
Recommendation to the Department of Social and Health Services, Birth Parent
organizations, and Foster Parent organizations
Educate foster parents and birth parents alike of the right of children age 12 and older to request
an attorney. Educate foster parents on their ability to request representation for a child in their
caregiver’s report, or directly to the court.
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Issue #2: The Right to be Heard
The best interests of the child are better served when those with day-to-day interactions are
allowed to inform the court’s decision. Despite federal and state law giving foster parents and
relative caregivers the right to be heard, many have been successfully muzzled in recent
dependency hearings in some jurisdictions by removing the child shortly before the hearing,
thereby nullifying the caregiver's right to be heard, or by allowing the caregiver to submit a
written report only.
Participants also maintained concern about "agreed orders" circumventing full hearings.
While caregivers at least have a statutory right to be heard, siblings have none. Perhaps no one
can speak with greater credibility about a child's experiences than another child growing up in
the same home.
Recommendation #4
Recommendation to the Department of Social and Health Services
Improve training to foster parents and relative caregivers on their right to be heard in all
proceedings, instructions on how to complete a caregiver’s report, and how, when, and where to
turn in their report. The training shall include the pros and cons of filing reports directly with the
court, and how to prepare documents for court if the caregiver chooses to do so.
Recommendation #5
Recommendation to the Washington State Supreme Court
Enact a court rule that no two review hearings in a row by shall be held "agreed orders".
Recommendation #6
Recommendation to the Washington State Legislature
Enact legislation to modify RCW 13.34.096 to allow any sibling of the child or caregivers who
have cared for the child within the most recent six month period prior to any proceeding the right
to speak and be heard at any proceeding.
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Recommendation #7
Recommendation to the Washington State Supreme Court
Enact a court rule be requiring the Attorney General's office to certify at all dependency review
hearings that all caregivers within the most recent six month period were given proper and timely
notification of the hearing, and their right to speak and be heard.
Recommendation #8
Recommendation to the Department of Social and Health Services
Improve training to foster parents, relative caregivers, birth parents, and relatives on their ability
to call Family Team Decision Meetings, and Family Group Conferencing.
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Issue #3: Importance of Psychological Relationships and Continuity
of Care
The dependant bond that develops between a child and a long term caregiver is not respected.
Children suffering the loss of contact with their family members form new attachments, only to
lose those, too.
Grandparents and other relatives that become the primary caregivers for years at a time find they
have no special rights enabling them to be a part of their child’s life, despite having both a
psychological and blood relation. Children are often removed without any transition or visitation
allowed, despite the traumatic impact this has on the child.
The caregivers in these situations are often the only stable parental bonds the child has ever
known, yet the child can be removed from their home with little cause and they have no further
ability to protect her.
It is also observed the process itself can create an adversarial relationship between parties, which
may create an unhealthy tension for the child. Models such as Virginia’s “Bridging the Gap”
have shown positive results by bringing together birth parents and caregivers in weekly meetings
to discuss the best interest of the child.
Recommendation #9
Recommendation to the Washington State Legislature
Enact legislation requiring an attachment evaluation for every child on entry into out-of-home
care, and assigning one licensed mental health professional to track a child throughout the child's
experience in out of home care, with weekly sessions.
Recommendation #10
Recommendation to the Washington State Legislature, and to the Department of Social
and Health Services
Investigate alternative therapeutic treatment programs that bring together birth and foster parents,
including the child when appropriate.
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Recommendation #11
Recommendation to the Washington State Legislature
Enact legislation for third party visitation that enables persons with a significant relationship to
petition the court for visitation.


The process for petitioning the court should include safeguards such that it does not
impose financial hardships on either the petitioner or the respondent.
In this and in all matters directly affecting the child, the child should also have the right
to have his or her own desires included in the court’s consideration, according to the
maturity of the child.
Recommendation #12
Recommendation to the Washington State Legislature
Enact legislation regarding a caregiver’s right to intervene for placement when a significant
relationship and a healthy attachment exist between the caregiver and the child, and:


Child lived with the caregiver for at least one year and was living with the caregiver
within the last six months, and
The child is legally free, or has been out-of-home care for 24 of the last 30 months.
Enact legislation regarding a caregiver’s right to intervene for safety whenever there exist
imminent safety concerns.
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Issue #4: CPS Allegations
CPS allegations can be made with little provocation. Allegations that ultimately prove to be
unfounded can still bankrupt the accused, costing thousands of dollars in legal fees, hundreds of
hours of time, and impacting the well-being and stability of the family.
Recommendation #13
Recommendation to the Washington State Legislature
Enact legislation to enable the recovery of attorney fees when CPS allegations have been
overturned.
Recommendation #14
Recommendation to the Washington State Legislature
Enact legislation that entitles persons under CPS allegation to a public defender at all CAPTA
reviews and appeals.
Recommendation #14
Recommendation to the Washington State Legislature
Enact legislation that requires by 2015 that:
 All Social Workers shall be licensed LICSW or LMHC by the Department of Health, and
 Only licensed mental health care professionals, LICSW, LMHC, PhD, PsyD, or EdD are
allowed to make recommendations to the court on the behalf of DSHS/CA.
Recommendation #15
Recommendation to the Washington State Legislature
Enact legislation that overturns the rule that a preponderance of unfounded allegations is a
founded allegation.
Recommendation #16
Recommendation to the Washington State Legislature
Enact legislation that when placing a child, the caseworker must present a signed affidavit of all
known risk factors. The caseworker is personally liable for this information. Withholding or
falsifying information is a criminal felony.
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Recommendation #17
Recommendation to the Department of Social and Health Services
Improve education of caregivers on:
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


How to file a license complaint
How to file documents with the court, and associated risks of doing so
Contacting the OFCO
Reporting retaliation
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Future Sessions
On going, the think tank will meet twice a year, in the fall and spring, with separate work groups
to work on individual issues as needed. The purpose of the spring session is to review progress,
define the issues of interest to participants, and create an action plan for each, which may include
work groups. The fall sessions will generate our published reports and recommendations.
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