Training for D&N Cases
Contents
Child is removed from the home:
Names Associated with the case
Out of Home Placement – DCS Custody
Out of Home Placement – Not DCS Custody
Relatives
To change a relative type or custody status, click on the Type, such as Mother, to get into the Relative Detail screen.
There are many Relative types from which to select, and there are many custody status options from which to select.
Alleged Father
“Alleged Father,” in general, means a man who has not legally established a relationship to a child but who is alleged to be or claims to be the biological father of a child who was born to a woman to whom he wasn’t married at the time.
In Tennessee, if the parents of a child are not married to each other when the child is born, then paternity must be established before the father has any rights to the child; therefore, the Alleged Father should not have a custody status.
Once paternity has been established through a Voluntary Acknowledgment of Paternity signed in front of a notary or through a Court Order, the type would change to either Father or Biological Father. If paternity is established through a court order, custody may have also been established, and you can add the appropriate custody status to both parents.
If the Alleged Father is excluded as a possible father, then his type would change to “Excluded Father.” No custody status should be added.
Father or Biological Father
Father means the biological father of a child born out of wedlock or can also be used in place of Legal Father.
Legal Father
The legal father is the man the law recognizes as the father of the child. When a married couple has a child, the law automatically recognizes the husband as the child`s legal father; therefore, paternity does not need to be determined.
A child may have both an Alleged Father and a Legal Father. If the Alleged Father is found to be the biological father, then the Legal Father’s type changes to Terminated Father with no custody status.
If the parents are married, both would have legal custody of the child.
Child is removed from the home:
If DCS removes a child from a parent, the type remains the same, but the custody status changes. The person the child lived with at the time of removal is the person from whom the child was removed.
In this example, the child lived with mother at the time of removal, so the custody status for mother changes. Father’s custody status remains the same.
If the child is placed with someone by DCS (other than foster care), that person should be added as a Relative, even if they are not a relative.
Custody Changes
If custody of the child changes the person who has custody should be added as a Relative with custody status of “Temporary Custodian.” Mother’s custody is changed to Non-custodial Parent (for purposes of this example).
If Father were to petition for custody and be awarded custody, the custody status would change again.
Parental Rights Terminated
If parental rights are terminated or surrendered, the relative type and the custody status change.
In this example “Mother” becomes “Terminated Mother”, with a custody status of “Parental Rights Terminated.”
Adding DCS as a Relative:
When parental rights are terminated, and if the child has no custodial relatives, add DCS as the custodian with temporary custody. This is the only time DCS is added as a relative.
D&N Data Flow
Names Associated with the case
All of the children named in the petition and all the parties listed in the petition are added a Respondents.
Case Status
The purpose of the case status is to quickly show where this case is in the court process.
As cases close, it is important to add a case status of closed.
Filed Statutes
Each child must have the filed statutes (allegations) stated in the petition for that child.
If there are severe abuse allegations, you must also add the standard D&N filed statute.
Filed Statues need to be “disposed” with granted or dismissed.
Requirements
Each child must have their own requirements. We are tracking out of home placements and permanency goals that have been ratified.
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DCS D&N Custody | In a delinquent/unruly or D&N case, when a child is placed in DCS custody due to allegations of abuse and neglect. |
Extension of Foster Care |
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Trial Home Visit | In a delinquent/unruly or D&N case, when a child remains in DCS custody but resides at home for a period of time. |
Transfer custody to an individual (not DCS) | In a delinquent/unruly or D&N case, when a court order transfers custody from one person to a different person. |
Treatment facility (not DCS) | In a delinquent/unruly or D&N case, when a court order places a child in a treatment facility |
Closing Requirements
Out of Home Placement – DCS Custody
- DCS D&N Custody
- Released – The child has been released from DCS custody.
- Trial Home Visit
- Failed to Complete Successfully – used for Trial Home Visits that were unsuccessful.
- Successful – Used for Trial Home Visits that were successful.
- Extension of Foster Care
- Failed to Complete Successfully – If it was unsuccessful.
- Successful – If it was successful.
The child remains in DCS custody during a trial home visit, so the commitment requirement is not closed when a trial home visit requirement is added.
Successful Trial Home Visit:
Unsuccessful Trial Home Visit:
The child is released from DCS custody when they enter the Extension of Foster Care program, so the commitment requirement is closed, and the EFC requirement is added..
Successful Extension of Foster Care:
Unsuccessful Extension of Foster Care:
Out of Home Placement – Not DCS Custody
- Transfer custody to an individual (not DCS)
- Placement Modified: if the placement was modified before permanency was achieved.
- Successful – If permanency was achieved during this placement.
- Treatment facility (not DCS)
- Placement Modified: if the placement was modified before permanency was achieved.
- Successful – If permanency was achieved during this placement.
Permanency
- Goals: Reunification, Relative Placement, Permanency Guardianship, Adoption, Planned Permanent Living Arrangement
- Goal Modified – When the child remains in DCS custody, but this goal is no longer part of the permanency plan.
- Goal Achieved – When the child is released from DCS custody, and this was the permanency goal that was achieved.
- Not Achieved (Aged Out) – When the child is released from DCS custody, but permanency was not achieved because the child aged out.
- Not Achieved (Other) – When the child is released from DCS custody, but permanency was not achieved because of some other reason, such as the death of the child, or any other reason.
As permanency plans are ratified, we add the plan goal(s) for each child as of the date the Judge approved the order ratifying the plan. Each goal is added once per child. If a goal is no longer part of the plan, that goal is closed.
Termination
- Termination of Parental Rights
- Successful – When parental rights are terminated.
- Successful – When parental rights are terminated.
When parental rights are terminated, either surrendered or terminated by the court, a requirement must be added and closed. The requirement must include the child and parent for whom rights were terminated.
Events
Timelines of D&N hearings:
- Preliminary Hearing/ aka “72-Hour Hearing” or “Probable Cause Hearing”: Within 72 hours of removal date, excluding non-judicial days, 84 hours maximum.
- Adjudication Hearing: Within 30 days of removal date.
- Disposition Hearing: Within 15 days of adjudication hearing date.
- Ratification of Permanency Plan Hearing: Within 60 days of removal date.
- Court Review Hearing or Foster Care Review Board Hearing: 1st review is within 90 days of removal date; subsequent reviews are within 6 months of the previous review, though they may occur more frequently. If a Review Hearing turns into a Permanency Hearing, change the event to a Permanency Hearing.
- Permanency Hearing: Within 12 months of removal, and every 12 months thereafter, though they may occur more frequently. If a Permanency Hearing is scheduled and the hearing is not completed, change it to a Review Hearing.
You can add documents such as Return from Court (RFC) directly from the court docket.
Use the RFC document if you do not have the DCS Order.
Scan the DCS Order without updating the case if you already created the RFC.