PO25-040 Title IV Court Tracking Process - Attachment A.pdf

Court Tracking Overview & Procedures

State of Illinois - CONFIDENTIALITY NOTICE: The information contained in this document is confidential. It should remain in the office at all times and not be taken off premises. Unauthorized use, disclosure or copying of this document or any part thereof is strictly prohibited and may be unlawful.

Table of Contents

Court Tracking System Overview

Court Tracking Procedures

Title IV-E Judicial Findings Overview

Judicial Finding Examples

CM-13 Data Entry

Court Tracking System Overview

The Initial Legal Court Tracking is a web-based application designed to track the receipt and quality of every initial court order bringing a youth into foster care.

• Contains wizards to step personnel through the process of obtaining missing judicial findings.

• Sends automated email reminders to alleviate personnel resources and to increase response efficiencies from child welfare field staff.

• Tracks outstanding requests to allow for escalation to supervisors, if needed.

• Identifies trends in particular court systems to identify training opportunities to maximize federal claiming.

• Seamlessly integrates with other Departmental systems to eliminate duplication of secure data.

• Secure log-on that meets business security requirements.

• Interacts with the Standard Narrative System so efforts are not replicated.

The main purposes of the Initial Legal Court Tracking system are to do the following:

• Import the names and case ID’s of children entering foster care on a daily basis.

• Track the receipt of the initial legal order and petition from the field workers.

• Evaluate the initial legal order findings for federal compliance.

• Guide the user through rectifying any missing findings in the initial legal order.

Home Screen

The Home Screen is the first screen the user encounters upon entry to the system. It contains four categories of case information:

• Standard Narrative Issues – cases needing to be verified from the Standard Narrative user

• In Progress – cases currently being addressed

• Action – cases that have sent out automated reminders without a response

• Waiting – new cases to the system through the import process that are not assigned to a user

Each of these categories will be explained in detail.

Standard Narrative Issues Tab

The Standard Narrative Issues tab is used as a second-level check of the initial legal findings. The Court Tracking information is completed and sent to the Standard Narrative application for a foster care title IV-E eligibility determination.

The Standard Narrative user will double check the order and the findings for accuracy. If there is a discrepancy, the Standard Narrative user will stop their determination and send the case back to Court Tracking for verification.

Once the Court Tracking user corrects/verifies the initial legal findings, the case will continue through the Standard Narrative process.

(Screenshot from Standard Narrative application showing the “add issue” button to send the case back to Court Tracking for verification.)

In-Process Tab

The In-Process tab shows the bulk of the cases within the Court Tracking system. There are several different statuses within the In-Process grouping of cases depending on the quality of the initial legal order provided. A case can contain several requests simultaneously.

• Pending Request: ________________ - these cases have not been evaluated to see if the order/petition has been received or the initial legal findings verified. No reminders or requests are being sent to the field on these cases.

• Pending Requests: Initial Order, Petition, Initial Order and Petition – these cases have started and reminders are going out to the field to send the initial legal order and/or petition to the FFP mailbox.

• Pending Requests: Order with RE and/or P&C – these cases have a request out to the field and legal to obtain an order with a “reasonable efforts” and/or “placement & care” finding to correct the initial legal order.

• Pending Requests: EDU Determination – these cases need a transcript to be ordered. However, a transcript will only be ordered if the initial legal order is the only barrier to title IV-E eligibility.

These cases are waiting to be determined in Standard Narrative before requesting a transcript.

• Pending Requests: Transcript – these cases have a request for a transcript of the initial legal hearing to determine whether or not the initial legal findings for federal compliance are present.

Action Items Tab

The Action Items tab looks very similar to the In-Process screen. This tab shows cases that have met the maximum number of reminders for the request type and have had no resolution.

These cases need attention from the user. This is normally in the form of re-requesting the information and adding supervisors onto the email reminders.

A case can contain several requests simultaneously.

Waiting Tab

The Waiting tab contains all the cases that have been imported into the Court Tracking system that have not been assigned to a user.

Dashboard Screen

The Dashboard screen is a convenient way to see high-level information about the initial legal court order process.

The top portion of the screen shows some graphs regarding the status of active cases, completed episode trends, and the timeliness to complete a case trend.

The bottom portion of the Dashboard screen contains pivot tables to analyze the following information broken down by region and county:

• Average Request Timing in Days

• Failed Requests

• Initial Orders Missing Findings

• Lost Funds Analysis for Missing Findings

• Not Met Episodes

• Transcripts

Reports Screen

The Reports screen is the place to run reports regarding the initial legal court tracking process.

It includes a monthly report for the last completed month and workflow reports that can be run for the date range selected.

Search Screen

The Search screen allows a user to locate a case within the Court Tracking System.

Admin Screen

The Admin screen allows users with the Admin role to edit information within the Court Tracking system.

This includes:

• Users - add/edit/deleting users within the system

• Logs – this is used as needed by the IT team to identify system discrepancies

• Email Settings – this is used to determine who receives the system notifications that the reminders were automatically sent for the day

• Templates - this is used to add/edit to the automated email templates that are sent to the field

Court Tracking Procedures

1) Go to the shared mailbox “DCFS Initial Court Order/Petitions.”

• Print all orders from the attachments and move the email to the “Orders Read” folder to clear the inbox.

2) Answer any emails asking questions.

3) If notified that this case was a PC/No case with no court involvement, find that case in Court

Tracking system and update to reflect this.

4) Go to the “Waiting” tab and assign all cases to yourself.

• There will be a message that pops up if the case has siblings with the same family ID and will assign all siblings at the same time.

• There will be a message that pops up if the case appears to be a duplicate.

• Follow the instructions on this message. CM05 will need to be checked and the corresponding case in Court Tracking will need to be reviewed to determine if/why this case is showing as a duplicate.

• The most common reason for a duplicate is that CAPU changed the case open date by one or two days on CM05. This case does NOT need to be worked again, but the duplicate needs to be removed and the open date needs updated on the case that’s already started/completed in Court Tracking.

• There are times that this case is NOT a duplicate, and needs to be processed through Court Tracking. These cases have opened, closed, and re-opened in a short window of time. You will know this is a new episode that needs to be worked when you can see that the case was opened (O), then closed (C), and opened (O) again on CM05 with a different date.

• If a case needs to be deleted, notify your appropriate supervisor and leave the case in the “In-Process” tab. Notify them if the open date needs adjusted, and what date it needs adjusting to, on the case that’s already in process/completed in Court Tracking.

5) Using the orders received that day check the names against the cases in the “In Progress” tab.

• It is imperative to verify that the initial legal order and petition that you are evaluating is for the appropriate episode/case open date.

• In some cases, a Petition is not filed.

• In some additional cases, a Petition was filed in the past and resolved in some manner other than entry into foster care. For example, a Petition was filed and was resolved with the implementation of a safety plan or the opening of an intact family case. A new Petition may not have been filed for this entry into foster care.

• Other times, there is a span of time between the Petition and entry into foster care without some type of resolution (see previous bullet) and this becomes the Petition used for this episode.

• If the case comes up, write the Case ID on the order, answer the received and order date, answer the finding questions regarding the judicial findings, complete the case, and move on to the next set of orders.

• If the initial legal order contains all findings the case episode will move to a “completed” status and be removed from the screen.

• If the initial legal order is missing a judicial finding the system is going to automatically select the request type that is needed to rectify the initial legal order. Include the DCFS attorney for that county in your email request to correct the order.

6) User will have one pile of orders that have everything needed (the Petition & the Order) and a pile that is missing one of the documents.

7) If you have a document and that case is not in the In-Process tab, look in the “Search” tab to see if the other document has already been received in Court Tracking system.

• It might be a duplicate order – if a duplicate provide to the appropriate Supervisor.

• If this case isn’t in Court Tracking System provide to the appropriate Supervisor.

8) Once you have processed all of the cases out of the mailbox take the “complete” ones (has both the Order & the Petition, if applicable) and go to CM15 to identify the App Received Date.

• Add one day & write that in the upper right-hand corner of the order.

• Then go to CM13 to make sure the Legal History Maintenance Screen is accurate. Make any changes needed to this screen.

9) “Complete” orders are filed. File by app date in the particular month the app was received.

10) If the order is missing CTW put a note on it that says:

• “No CTW & notify Court Tracking user of determination.” It is to be given to the EDU Supervisor right away to have the app pulled and worked. This case will be marked as “Expedited” in Standard Narrative.

11) If the order is missing RE or P&C put a note on it that says:

• “No RE and/or P&C and notify Court Tracking user of determination” These are then filed.

File by app date in the particular month the app was received.

12) Take the “non-complete” orders or the ones not listed on the “In Progress” tab and file in the rolling tickler file. These are filed by alphabet (last name).

13) Go to the “In-Process” tab and find any cases that have blanks in the “Request Type” for cases that are assigned to you.

• It’s easy to view these cases by using the sort and filter options in the header. Filter by

“User Name” to desired user, and then sort by “Request Type” to bring the blanks to the top of the list.

• Look for these case names in the rolling tickler file.

1. If found, process as indicate above.

2. If not found, continue.

• These cases need to have the initial order and petition requested for the first time. Only initiate initial requests on cases that are assigned to you.

14) Go to the “Action Item” tab and process the cases listed that day.

• Cases hit the action tab for various reasons- the most prevalent being that the email reminders have been unanswered.

• These cases need to have the pending request “failed and re-requested.” On the re-request screen escalate to appropriate parties. If the case has been re-requested and escalated several times/months, the user might have to add in the email template this statement: “Is the (transcript/order/etc.) unavailable and will not be provided?” Hopefully, this will produce a response and the request can be deemed unavailable or clarification is provided as to why there’s still a wait for this request.

• Some cases hit the action tab if the 60 day timeframe for a RE order has expired.

• These cases will need to be updated saying that we didn’t receive the RE order and to move on to requesting an EDU Determination to ascertain if a transcript should be requested (expedited case process).

15) Monthly, the “EDU Determination” report needs to be reviewed. This report is found on the Reports tab-Workflow Report- EDU Determination. These are cases that have been waiting in Court Tracking for an “otherwise eligible” or “otherwise ineligible” notice from the RO1s. These cases will remain indefinitely in Court Tracking until this request has been addressed.

• CM24 screen needs to be checked to see if these cases have been determined.

• If they have been determined Court Tracking needs to be updated with the outcome.

• If the case has not been determined on CM24, but it’s well past the date that EDU is working currently, ask the EDU Supervisor to look into the status of this case.

Trial Home Visit Cases

Trial Home Visit (THV) cases are imported into Court Tracking when CM07 shows that there is a placement after a child has been HMP for >6 months. These types of cases follow the same process for requesting and/or correcting incorrect findings as Initial requests. The exception is that after trying to obtain an initial legal order for more than 30 days, the Court Tracking system will move this case to the Action Tab. The user will then have the option to fail the initial order request and request a “THV Extension.”

This was known as the “string-along” process. This request type email template asks the field to send any orders that have been held on this case between date ranges that the user populates into the email template. This date range is from when the child was placed at home and when they came back into a foster care placement.

Once these orders are received the user will determine, by looking at each order, if the judge extended the time in which the child remained HMP. Once there is a determination, the user will update the request in Court Tracking as to whether or not the THV Extension request makes this case able to be reinstated to previous IV-E eligibility.

Manual Case Entry

There are times when a case must be manually entered into Court Tracking. This occurs when an application is received that was not on the daily report or a trial home visit case isn’t entered. The Older Youth close / reopen cases will also need to be manually entered.

• From the Home screen:

• Click on the “+” icon on the left side of the screen. A pop-up box will appear.

• Enter the CYCIS ID and click on the magnifying glass icon. The child’s name will pre-populate.

• Select the appropriate case type from the “Episode Type” drop-down box.

• Type in the docket #. If this information is not yet available, leave this field blank.

• Select the appropriate county from the “County” drop-down box. If this information is not yet available, leave this field blank.

• Select the appropriate order type from the “Order Type” drop-down box. If this information is not yet available, leave this field blank.

• Select the appropriate legal status from the “Legal Status” drop-down box. If this information is not yet available, leave this field blank.

• Type or select the Open Date.

• Type or select the Application Date.

• Click on “Save”.

The episode has now been entered in Court Tracking.

Title IV-E Judicial Findings Overview

There are three judicial findings that must be made when a child enters foster care via a court order. No judicial findings are immediately required if a child enters foster care via a Voluntary Placement Agreement. Voluntary Placement Agreements are rare in Illinois.

• Placement and Care Responsibility

• Contrary to the Welfare finding

• Reasonable Efforts to Prevent Removal finding

DCFS must have placement and care authority for the child, either via a Voluntary Placement Agreement or court order. The court order must also give DCFS the authority to place the child in foster care.

LEGAL STATUS DESCRIPTION

PC Protective Custody – no court action taken yet

TR Temporary Custody With the Right to Consent to Major Medical Care

TW Temporary Custody Without the Right to Consent to Major Medical Care

VP Voluntary Placement Agreement

(need judicial determination within 180 days)

GO Guardianship Only

AR Guardianship with Adoptive Rights

SB Surrender by Both Parents

NC No Change (legal status remains the same as the previous entry)

CU Custody Without Court Action (DCFS has no legal authority)

NO No Legal Authority

The Contrary to the Welfare finding must be in the initial court order.

If a child is over the age of 18, the Contrary to the Welfare finding can be met with a finding that it is in the best interest of the youth to be placed in foster care.

If a child enters foster care via a Voluntary Placement Agreement, a judicial finding that it is in the best interest of the child to remain in placement must be obtained within the first 180 days in order for the child to remain eligible for title IV-E.

Judicial Findings Overview Cont.

The Reasonable Efforts to Prevent Removal finding must be obtained within 60 days of the initial legal date.

If a child is over the age of 18, the Reasonable Efforts to Prevent Placement requirement can be met with a finding that reasonable efforts were made to meet the youth’s needs prior to a foster care placement.

Judicial findings must be made in a court order. The only other acceptable documentation is a transcript of the hearing that documents the judicial finding. Nunc pro tunc orders or an order with a reference to law is not acceptable.

Judicial Finding Examples

Unacceptable Contrary to the Welfare (CTW) Finding Examples

These findings are problematic because they don’t designate the reason for the removal as being for the protection of the minor. Removing a child because they may harm another person/property or because they may flee does not meet the federal requirement for title IV-E.

If there isn’t an additional finding somewhere else in the order with acceptable language, these findings do not meet the requirement. A transcript of the hearing should be reviewed.

This finding is problematic because the box for the finding is not marked. Even if the reason “for the protection of the minor” is marked, the CTW finding (in this example, the “immediate and urgent necessity language) is not marked.

If there isn’t an additional finding somewhere else in the order with acceptable language, this finding does not meet the requirement. A transcript of the hearing should be reviewed.

These findings are unacceptable because they indicate that it is not contrary to the welfare of the minor to remain in the home. A transcript of the hearing should be reviewed.

These findings are problematic because the box for the finding is not marked so the finding was not made in the order.

If there isn’t an additional finding somewhere else in the order with acceptable language, these findings do

This finding could be interpreted to say that leaving the minor in the home is not contrary to the health, welfare and safety of the minor.

This statement is confusing and the finding would need to be verified by reviewing the transcript of the hearing unless there is clarifying language somewhere else in the order. A transcript of the hearing should be reviewed.

This finding is not a complete finding. There are two places to select boxes. The selection made for the second set of boxes could drastically change the meaning of the finding. Without both selections being made, the finding is not complete.

If there isn’t an additional finding somewhere else in the order with acceptable language, these findings do

Although the phrase “health and safety and best interest of the minor” is used in this finding, it is not acceptable for the CTW requirement because it does not continue on to say “for the minor to be removed from the home”. This statement is referencing that no reasonable efforts could be made because it would be detrimental to the health, safety, and best interest of the minor.

If there isn’t an additional finding somewhere else in the order with acceptable language, these findings do

(This is an acceptable reasonable efforts to prevent placement finding.)

Acceptable Contrary to the Welfare (CTW) Finding Examples

These findings are completely acceptable and meet the CTW requirement unless there is contradictory language somewhere else in the order.

These findings are completely acceptable and meet the CTW requirement unless there is contradictory language somewhere else in the order.

This finding is completely acceptable and meets the CTW requirement unless there is contradictory language somewhere else in the order.

While the finding is not in the section that it is expected, there is a finding later in the order. As long as there isn’t any contradictory information in the order, the later finding meets the CTW requirement.

Unacceptable Reasonable Efforts to Prevent Placement Examples

These findings are problematic because the box for the finding is not marked so the finding was not made in the order

If there isn’t an additional finding somewhere else in the order with acceptable language, these findings do not meet the requirement.

If time allows, a new order should be requested which includes the finding.

If a new order cannot be obtained within the 60 day timeframe, a transcript of the hearing should be

These findings are problematic because they indicate that reasonable efforts were not made. The requirement is not met.

If time allows, a new order should be requested which clarifies the finding.

If a new order cannot be obtained within the 60-day timeframe, a transcript of the hearing should be

These findings are problematic because they indicate that although reasonable efforts were made, the efforts eliminated the need to remove the minor. This is not an acceptable finding since it conflicts with the fact that the minor was placed in foster care.

If time allows, a new order should be requested which clarifies the finding.

These are contradictory findings and must be clarified before eligibility can be determined.

If time allows, a new order should be requested which clarifies the finding.

Acceptable Reasonable Efforts to Prevent Placement Examples

These indicate that reasonable efforts were made but they couldn’t eliminate the need to remove the child from the home. These are acceptable findings. unless there is contradictory language somewhere else in the order.

These indicate that reasonable efforts could not be made to keep the minor in the home. These are acceptable findings unless there is contradictory language somewhere else in the order.

While this finding is somewhat confusing since the first part of the sentence indicates that reasonable efforts were made and the second part states that no efforts could be made, both findings would be acceptable. This is an acceptable finding unless there is contradictory language somewhere else in the order.

At times, the finding is not included or is not clear in the court order. A transcript should be requested.

The statement “the department got involved and, to the extent that they could, made services available to try and correct the conditions and they could not do it” (lines 20 -23) conveys that reasonable efforts were made.

This is an acceptable finding unless there is contradictory language somewhere else in the order.

Unacceptable Placement and Care Authority Examples

Placement and care authority is not specified in these statements. Since custody was given to somebody other than DCFS, placement and care authority cannot be assumed.

If there isn’t additional language somewhere else in the order specific to placement and care authority, this language does not meet the requirement.

Further investigation is required to determine if DCFS was meant to be given custody. If so, an order clarifying the situation or a copy of the transcript is required.

Placement and care authority is not specified in these statements. These statements don’t indicate who was given custody so placement and care authority cannot be assumed.

If there isn’t additional language somewhere else in the order specific to placement and care authority, this language does not meet the requirement.

Further investigation is required to determine if DCFS was meant to be given custody. If so, an order clarifying

Placement and care authority is not specified in these statements. These statements only address guardianship so placement and care authority cannot be assumed.

If there isn’t additional language somewhere else in the order specific to placement and care authority, this language does not meet the requirement.

Further investigation is required to determine if DCFS was meant to be given custody. If so, an order clarifying

Even though guardianship is given to DCFS, placement and care authority is not specified and cannot be assumed because custody of the child remained with the mother.

Further investigation is required to determine if DCFS was meant to be given custody.

If so, an order clarifying the situation or a copy of the transcript is required.

Acceptable Placement and Care Authority Examples

Placement and care authority is specified in these statements. The placement and care requirement is met.

Placement and care authority is specified in these statements. The placement and care requirement is met.

While placement and care authority is not specified in these statements, it can be assumed because DCFS was given custody of the minor. The placement and care requirement is met.

Placement and care authority is specified in these statements. The placement and care requirement is met.

Although the “Consistent with the health, safety and best interests” box is not checked, it is clear that DCFS has the authority to place this child.

CM-13 Data Entry