Minutes September 25, 2009 Doublewood Inn, Bismarck
Present:Absent: Judge Sonja Clapp, Chair Judge Dan Narum Bob Parisien on behalf of Scott Davis Judge David Reich Dennis Herbeck Judge Doug Mattson via telephone Tara Mulhauser Connie Portscheller Dale Rivard Robin Huseby Dave McGeary
Staff: Louie Hentzen Lee Ann Barnhardt
Judge Clapp called the meeting to order. She asked for comments on the minutes from
June 8, 2009 meeting. Connie Portscheller moved to approve the minutes; Dave McGeary
seconded. Minutes approved.
Report from Annual Agency and Court Conference - Louie Hentzen reported on the
2009 Meeting for Agencies and Courts "New Strategies for Changing Times." This included:
New regulations for Fostering Connections, Court Performance Measures, Data Sharing, Case
Review, Court and Agency Collaboration in Developing PIP, Kentucky Summit on Children,
Seen and Heard: Involving Children in Dependency Court, and Court's Role in Improving
Education Outcomes for Children in Foster Care. Please refer to handout.
GAL Sub-Committee - Dave McGeary, Chair. Dave reported the sub-committee has not
met since the last CIP meeting. He stated that the Guardian Ad Litem rule is waiting for review
of the Supreme Court.
Dave McGeary stated the recommendations were submitted related to the evaluation of
the GAL project, and was referred to the Court Services Committee. Judge Clapp stated the
Court Services Committee has not met for approximately 6 months. Lee Ann stated there was a
recommendation to survey stakeholders and partners on how the GAL program was working.
This was created on Survey Monkey.
Dave McGeary asked for some direction on situations during shelter care hearings. A
GAL would be appointed and when a petition is filed, the petition can be converted to an unruly
petition, where the issue of deprivation may not be significant. The shelter care then becomes an
unruly petition. The GAL at that point theoretically drops off. The issue is how to remove the
GAL at that point from the appointment. Sometimes State's Attorneys will decide to let the
deprivation issue go, because it is becoming insignificant as opposed to the unruly behavior.
What is the proper procedure to remove the GAL from the case?
Louie Hentzen suggested for Dave McGeary to bring this topic up at the Directors of
Juvenile Court Meeting to discuss.
Louie Hentzen updated this committee on the contract between UND and the Guardian
Ad Litem Program.
Education and Training Sub-Committee - Robin Huseby, Chair. Lee Ann Barnhardt
gave report on the Regional Child Welfare Workshops to be held December 1st, 2nd and 3rd, 2009
in Minot, Bismarck, and Fargo. The two area's of topic are: family group in complex cases and
The second Children's Justice Symposium is scheduled July 26-29, 2010 at the Ramkota
Hotel in Bismarck. Topics are: cultural competency, treatment, divorce impacting child welfare
cases, and data issues.
The ICWA conference is set for February 2-4, 2010 at the Radisson Hotel in Bismarck.
There will be several conferences coming up in February 2010 through the summer 2010.
There are still spots available for judges to attend.
Lee Ann will be sending the Juvenile Directors to the Caseflow Management class for
child abuse and neglect cases. This will be held at the National Center for State Courts in
Williamsburg, VA in December.
ICWA Sub-Committee - Dennis Herbeck, Chair. Dennis reported the last meeting was
at Spirit Lake in Devils Lake. The sub-committee is going to propose to the CIP in November
an internal audit group on compliance. This would include Judges, Referees, and Juvenile Court
Personnel, which are people engaged in the courts. In November, this will be presented to the
CIP committee with a request to go ahead with the process. This group will go through the
various juvenile courts and check the elements, are they in compliance, are they doing what the
ICWA law requires, etc. From the internals audits, there will be a report presented to the CIP
Dennis reported that Jean Robertson from Spirit Lake is taking her ICWA workers and
attending Tribal Council and inquiring of them on how to identify expert witnesses. Dennis still
hopes that somehow training still could occur.
Louie Hentzen reported that Karen Kringlie and Brad Peterson are preparing a check list
to provide to the Judges and Referees for the Bench Guide. Louie provided for Karen the
information that he received from Wisconsin, which is an ICWA form to utilize in the Bench
Data Collection and Analysis Sub-Committee - Judge Narum, Chair. Louie Hentzen
reported that there has been one meeting. The sub-committee went over what the activity of
what Kate Harrison's Group has been doing.
Tara Mulhauser reported about the child welfare data system that is being pilot tested in
Burleigh County and will roll out to all of the counties. They will be using this as the system of
child welfare case record. As of November 1, 2009, the data system will take effect. In the
Chicago meeting it was discussed to take some important pieces collected within the frame
system and figure out a way to electronically stream them over to the court. One of the specific
issues discussed is when a child's placement changes from one foster home to another. There
would be an electronic notification to someone in the court system that the change has occurred.
An email notification has been built in that will go to the GAL program. Every time there has
been a placement change, the GAL program is also notified. The plan now is a build to add this
in January when the first set of enhancements take place.
Some secondary possibilities have been left open with the agreement that there will be a
forum established to get together on an ongoing basis to talk about what other information on
FRAME would be helpful for the court system to have.
Status of CIP Grants - Lee Ann Barnhardt reported on the Funding for CIP Grants.
Basic Grant Activities: $135, 136 for the Year 2010. Please refer to handout.
Training Grant Activities: $127, 612 for the Year 2010. Please refer to handout.
Data Collection and Analysis Grant Activities: $129,057 for the Year 2010. Please refer
It was moved by Dennis Herbeck to adjourn, seconded by Connie Portscheller, Motion
Meeting adjourned at 11:30 a.m.
Next meeting scheduled Thursday, November 5, 2009 at 1:00 p.m. at the Doublewood Inn,