Court Improvement Project Committee

MinutesKelly Inn, Bismarck January 28, 2004

Members Present Judge Lee Christofferson, Chair Larry Bernhardt Dixie Evans Marilyn Kary Dave McGeary Pat Podoll Paul Ronningen Lanny Serrano Don Snyder Theresa Snyder Robert Freed Julie Hoffman Greg Wallace	Members Absent Karen Antelope Vince Ament Krista Andrews Gladys Cairns Connie Cleveland Rita Hannesson Sharon Hauschulz Kate Kenna Sandra Kuntz Judge William McLees Frank Myrick Marilyn Poitra Michon Sax

Guests Susan Sisk, North Dakota Supreme Court Patricia Hall Hammeren, Director of the Native American Training Institute Cheryl Long Feather, Native American Training Institute Beverly Iron Shield
Staff Carla Kolling

The minutes of the December 3, 2003, were approved with a minor correction. Marilyn Poitra was absent from the meeting and the minutes were changed to reflect her absence.
Susan Sisk provided a budget update. She stated that, based on the projections, there should be a balance available as of June 30, 2005, of $20,286. She said that this projection was based on an estimate of funds that will be received through the 2004 grant.

Susan explained that the guardian ad litem worksheet shows the actual expenses through November and an estimate of expenses through the biennium. She said based on these estimates, we will overspend the budget by $101,141. She said that we either need to cut back on the time spent on each case or find additional funds via general funds found within each district's budget or indigent defense funds from the continuing appropriation.

Paul Ronningen informed the members that the Federal Department of Heath and Human Services may be reducing IV-E foster care federal dollars (reinvestment dollars to the judiciary) that are provided to the Department of Human Services. He said the potential reduction stems from a recent Departmental Appeals Board decision wherein they concluded that the state of Missouri was not entitled to claim federal foster care payments in the costs of the activities of the juvenile officers, because the juvenile officers were not engaged in the placement and care of children and their activities were not under supervision of the Missouri Division of Social Services, Missouri's state IV-E agency. Susan explained that if those funds are lost it could between $27,000-$55,000 to the already proposed shortfall of $101,141. Judge Christofferson requested that Paul provide a report to the members once the final outcome is determined.

As part of the budget discussion, Dixie Evans stated that there are two primary reasons for the over expenditure. The first being the number of hours having to be spent on cases and the secondly an increase in case assignments. Pat Podoll stated that there has been a steady increase in deprivation cases since November.

Judge Christofferson requested Dixie to provide to Susan a summary of the number of hours spent per case per district as well as the numbers spent for pre and post adjudication. Pat suggested that Susan compare time frames over 2-3 years to see if there are trends relating to the increase or decrease in cases. He requested Dixie to have the information to Susan by March 1 at which time Susan will prepare a report for the Committee's review via conference call. Judge Christofferson requested that all members be offered the opportunity to participate in the call.

Greg requested that $1000 of the court improvement funds be used to reproduce the ICWA manuals. He stated that the manuals were developed by the Department of Human Services at a cost of $10.00 per manual. Judge Christofferson requested that $1,000 be provided to reproduce the manuals.

Cheryl Long Feather and Patricia Hall Hammeren provided a summary of the four statewide forums that were held at Turtle Mountain; Spirit Lake; Standing Rock and Fort Berthold. Patricia said participants included representatives from county child welfare agencies, tribal child welfare agencies, attorneys, district, juvenile and tribal courts and other family child and family serving agencies. She explained that the forums centered around building relationships and identifying challenges that exist between the various groups. Patricia and Cheryl were supportive of the initiative and believed there were positive outcomes in each site. The members of the committee received a copy of the final report of the forums outlining more specifically the discussions that transpired in each location.

Cheryl urged the members to consider the continued funding of the forums. Judge Christofferson requested Cheryl to put a cost proposal together for the May meeting on repeating the sessions.

Don Snyder presented the results of the Child and Family Services onsite reviews. Judge Christofferson and Pat Podoll requested that the report be more specific in detail so the courts can identify the areas that need to be addressed. Judge Christofferson commented that its important that we are able to pick out the areas that pertain to the courts and its relationship to court improvement.
Judge Christofferson suggested that Don and Paul identify the issues that need improving and what the members need to do to correct them.

Greg stated that the issues could be addressed at the time the management reviews are done in the juvenile courts.

It was suggested that a small group of committee members meet to identify the issues, namely Paul Ronningen, Don Snyder, Dave McGeary, Greg Wallace, Pat Podoll, Robert Freed, and Carla Kolling.

Judge Christofferson discussed the proposed order appointing the guardian ad litem. The members made a few modifications to the form. Judge Christofferson requested Carla to incorporate the changes into the form and mail it out to the juvenile court directors. The directors will be asked to review the form with the judges in their district prior to its use.

Judge Christofferson made the following member work assignments for completion prior to the next meeting:

1. Dixie Evans was requested to put together a list of lay guardians ad litem.
2. Gladys Cairns was requested to generate a report on the utilization of training money.

The members discussed affidavit training for social service staff. Pat Podoll stated that before there can be training certain, but questions need to be answered, such as who should be responsible for the preparation of the affidavit. Dave McGeary commented that there is a difference of opinion as to what information goes into an affidavit. Pat said the process is unclear as to the role of the state's attorney and as a result the social worker ends up preparing the document.

Judge Christofferson recommended carrying over the discussion until the next meeting.

Sharon Hauschulz resigned from the Committee.

The meeting adjourned at 8:30 p.m.

Respectfully submitted,

Carla Kolling
Director of Juvenile Court and Education Services