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Child-Maltreatment-Research-L (CMRL) List Serve

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Message ID: 9183
Date: 2012-06-06

Author:D F MCMAHON

Subject:RE: Reasonable Efforts data

First of all, I don't think you're going to find much of that, but if it exists it would probably be the ABA that would have that information. ABA publications have certainly addressed the reasonable efforts issue. In real world practice, where parents are unrepresented at initial court hearings, where orders are pre-written with check boxes, where not checking the box would be an inconvenience for agencies (due to funding disqualifications), where the system is designed to presume the credibility of agency officials, where public defenders' resources are extremely limited (e.g. social work professionals available for consultation with public defenders as in Washington state) and where private attorneys--the rare times they represent clients--really have minimal familiarity of child welfare court proceedings or the familiar faces--good luck with that. Title IV-E audits explicitly state they do not look at the basis of r.e. findings, only to see if the legal language is in the order. There is plenty of published legal theory about using RE as a tool in defense work--to deter out of home placement and/or to get services--but it is not the direction PD's are generally inclined to go. I tried to get a handle on that reviewing appeals cases (since briefs and opinions are public) in my state. RE arguments were raised at times, I don't recall that they were ever successful (but very few appeals were successful). I'm glad to see the question being asked, though. Sheri McMahon From: rose@wentztraining.com To: child-maltreatment-research-l@list.cornell.edu Subject: Reasonable Efforts data Date: Tue, 5 Jun 2012 14:56:38 +0000 vent removal and RE to provide reunification services. Does anyone know if there is a source or if someone has done an assessment on this? Overall data would be great but even better if there is information why the judge made the ruling. Thank you, Rose Wentz Rose@WentzTraining.com 206 579-8615

First of all, I don't think you're going to find much of that, but if it exists it would probably be the ABA that would have that information. ABA publications have certainly addressed the reasonable efforts issue. In real world practice, where parents are unrepresented at initial court hearings, where orders are pre-written with check boxes, where not checking the box would be an inconvenience for agencies (due to funding disqualifications), where the system is designed to presume the credibility of agency officials, where public defenders' resources are extremely limited (e.g. social work professionals available for consultation with public defenders as in Washington state) and where private attorneys--the rare times they represent clients--really have minimal familiarity of child welfare court proceedings or the familiar faces--good luck with that. Title IV-E audits explicitly state they do not look at the basis of r.e. findings, only to see if the legal language is in the order. There is plenty of published legal theory about using RE as a tool in defense work--to deter out of home placement and/or to get services--but it is not the direction PD's are generally inclined to go. I tried to get a handle on that reviewing appeals cases (since briefs and opinions are public) in my state. RE arguments were raised at times, I don't recall that they were ever successful (but very few appeals were successful). I'm glad to see the question being asked, though. Sheri McMahon From: rosewentztraining.com To: child-maltreatment-research-llist.cornell.edu Subject: Reasonable Efforts data Date: Tue, 5 Jun 2012 14:56:38 +0000 vent removal and RE to provide reunification services. Does anyone know if there is a source or if someone has done an assessment on this? Overall data would be great but even better if there is information why the judge made the ruling. Thank you, Rose Wentz RoseWentzTraining.com 206 579-8615