Court Improvement Project Committee

MinutesLaw Enforcement Center, Jamestown December 3, 2003

Members Present Judge Lee Christofferson, Chair Vince Ament Larry Barnhardt Gladys Cairns Connie Cleveland Dixie Evans Rita Hannesson Marilyn Kary Dave McGeary Pat Podoll Marilyn Poitra Paul Ronningen Michon Sax Lanny Serrano Don Snyder Theresa Snyder	Members Absent Krista Andrews Karen Antelope Robert Freed Sharon Hauschulz Julie Hoffman Kate Kenna Sandra Kuntz Jim Larson Judge William McLees Frank Myrick
Guests Susan Sisk, ND Supreme Court Tara Muhlhauser, Annie E. Casey Foundation	Staff Greg Wallace

The minutes of the June 17, 2003, were approved with minor corrections. Rita Hannesson and Marilyn Poitra were present and the minutes were changed to reflect their attendance. Dixie Evans reported that page 4 of the minutes should reflect the GAL project had 841 cases statewide since the inception of the project.

Marilyn Poitra pointed out the importance of the ICWA and pointed to a recent case that she felt was in violation of the Indian Child Welfare Act.

Paul Ronningen reported on the Department of Human Services Program Improvement Plan. The Department recently completed a federal review of the North Dakota child welfare system. After the review, the state prepared a program improvement plan and submitted it to the federal government. The three areas to be worked on are:

1. Implementation of Wrap-around Goals;
2. Implementation of Initiatives that Mirror the CFSR Process; and
3. Training and Curriculum Development for Caseworkers and Supervisors.

Don Snyder then reported on the Children and Family Services reviews that have been conducted in the last year. He has led regional meetings that include case reviews and stakeholder meetings. Don reviewed a chart summarizing where issues were adequately addressed. For example, if an item is rated at 86%, it means that in 86% of the case reviews the item was addressed adequately. The report is attached. Don also reported that, in addition, information was collected from stakeholders. He was still trying to come up with a method of summarizing the data. The complete report will be available on January 16, 2004.

Larry Bernhardt emphasized the importance of keeping the summary regional as there are pockets of issues. Paul Ronningen agreed and pointed to mental health as an example, which, statewide, is adequate in 62% of the cases, but 100% of the cases in the Fargo region.

Greg Wallace reported that the Court Improvement Project needs to make use of the CFSR review to identify issues related to court improvement. Issues should be brought back to the court improvement project for subsequent action.

Judge Christofferson asked Paul how we can invest courts and others in the process, rather than simply change an order to meet financial impact. Don Snyder suggested that the number one issue across the state is relationships. When the relationships are positive, the review is more positive. Tara Muhlhauser agreed that the data is rich, but is missing some information, in particular the court. She suggested that the court improvement project take two or three items and use them as selling points to improve the process. Judge Christofferson agreed and stated that in speaking of "the court", the court needs to expand to include state's attorneys, defense counsel, etc.

Lanny Serrano suggested that information needed to be given to judges on what issues need to be reviewed. Dave McGeary stated that it really needed to start with the affidavit. Affidavits for statewide application have been developed. Tara Muhlhauser stated that the affidavits are available, but are open to change because of local needs.

Pat Podoll questioned the role of social services in preparing affidavits, which she views as legal documents. Tara pointed out that the decision to allow local options may need reconsideration, but the Committee needs to develop strategies.

Paul Ronningen pointed out that while we identify issues, members need to know that North Dakota ranks best nationwide in meeting the items identified by the federal government.

Susan Sisk then reviewed the potential budget for the Committee for the next biennium. She indicated that the GAL Project with UND will cost about $282,000; ICWA activities about $22,000; leaving about $13,000 for other activities. There may be the potential for accessing 2005 federal fiscal year funds yet this biennium. However, use of those funds would short the state for the next biennium. Susan has asked the feds for a letter in writing when these funds will be available.

Susan then reviewed expenditures for the GAL Project. Early projections indicate the expenditures may be as much as $98,000 over the budget. The reason for the increased expenditures is not clear. It may be due to an increase in the number of cases or an increase in the number of hours per case. The expenditures need to be monitored. Susan will make quarterly reports to the Committee.

As part of the budget discussion, Dixie Evans reported that the project has had 1,074 cases assigned since the project started in 1999. Of those, 607 have been closed, with 467 remaining open. There have been 373 new cases since January of 2003. The full report is attached. Lanny Serrano reported that there is a lack of a definition of how long an appointment should last.

Gladys Cairns brought to the Committee's attention that new federal regulations require the attorney be certified to have completed specialized training before they can represent children in deprivation cases. The law carries no funding provisions, but may carry some penalties. Gladys will contact Jim Ganje as she may have some money to assist in training.

Pat Podoll questioned why the Committee was concerned with the impact of the project on the budget. Judge Christofferson reported that the lay GAL Project had been started as a response to a quality of representation issue. In order to assure continued use of the project, the Committee had to be cognizant of the funding. If it gets out of hand, the project will be discontinued.

Connie Cleveland mentioned that Tara Muhlhauser had been the conduit from the Committee to training on such items as affidavits. She questioned what connection could be made to the training center.

Gladys Cairns stated that she carried the training portfolio and stated that she will make sure the connection is made. Judge Christofferson mentioned the training center really only touches new workers. There is a need to carry the training to experienced workers.

Tara Muhlhauser commented that she has been able to work with a number of systems over the last year and wanted to inform the group that North Dakota is far ahead of other states in court improvement areas. The Committee has taken and resolved issues that other states are only now starting.

Dixie Evans then continued on her presentation relating to the lay GAL Project. She forwarded a draft of a lay GAL policy. The proposed policy lays out appointment procedures, minimum requirements for appointment, principle duties, and responsibilities, etc. She and Lanny stated this needed a standard of appointment which includes an order releasing information. Judge Christofferson suggested that the order could be drafted, but it will not cover drug and alcohol records.

After discussion, it was determined that Connie Cleveland, Tara Muhlhauser, and Lanny Serrano would work on a model draft order. It could be implemented in Cass County for possible statewide distribution.

Tara Muhlhauser commented that the policy should require a minimum of a four year degree and not allow equivalent experience. Connie Cleveland agreed that the four year degree requirement is important and deviation from the policy creates problems. Judge Christofferson stated that he had some very good GALs that were not college graduates. He also mentioned that requiring the four year degree may put a limit on the number of well qualified Native American's that do not have degrees.

Marilyn Poitra expressed the need for Native American GALs and including ICWA training for GALs. She also encouraged attendance of lay GALs at the regional and state training. It was suggested that the ICWA training for lay GALs be expanded.

Greg Wallace then reviewed the requirements for the reassessment process. He explained that the court improvement process must be tied to court issues identified in the Children and Families Services Review Process. The request for funding for 2004-2006 must address issues identified.

Don Snyder has the goal of finishing the first year's synopsis by January 16, 2004. After discussion, it was determined that a subcommittee of Tara Muhlhauser, Don Snyder, Paul Ronningen, Pat Podoll, and Marilyn Poitra, would work with Don to identify court issues.

The Committee will meet in conjunction with the state Indian Child Welfare Act Conference at the end of January. The agenda will include a final plan to complete the reassessment process in light of CFSR findings and staffing the Committee.

The meeting was adjourned.