Family Court Project

The Allen Superior Court’s Facilitation (mediation) process is based on Family Group Decision Making practices and is modelled after several national Model Court Practices. The Journal of the American Academy of matrimonial Lawyers (Vol. 16, 1999) recognized that mediation practices are rooted in the founding principles of the juvenile court. “Although perhaps not foreseen by its Illinois founders in1899, ADR..[Mediation] ..was essential to the foundation upon which the juvenile court movement was based.” The journal authors recognized that the traditional adversarial legal processes common in most court proceedings are not the most appropriate means to derive that which is in a child’s best interests. “Therefore, it is natural that the court would begin to look for a process that benefits the court, but also continued to serve the best interests of the children”

Through facilitation, parents and family members gain ownership in problem identification and solution development. As a result, there is a greater likelihood of meaningful participation in the services that are ordered.

Facilitation is governed by the Allen Circuit and Allen Superior Court Family Law Local Rules736 and 737.

An Overview of the Facilitation Process

The Court appointed Facilitator convenes the meeting immediately prior to the Additional Initial Hearing. The following may participate:

• The Department of Child Services attorney and caseworker
• The parents and their legal counsel
• The child is age appropriate and the child’s Guardian ad Litem and/or Court Appointed Special Advocate (CASA)
• Extended family members
• Other person who lend a positive support for he family
• Service providers
• The Facilitator leads a discussion toward an agreement on:
• The allegations (statements) in the Department’s petition alleging the child to be a Child in Need of Services. The parties may agree to amend the petition.
• The child’s placement and, if relevant, visitation
• The services that should be provided to the family
• Other issues relevant to the safety and wellbeing of the child

The Allen Superior Court established a special procedure for Child in Need of Services (CHINS) cases involving a child or a parent who is suffering from chronic mental illness. Developed through a Court Improvement Grant from the Indiana Supreme Court, the Mental Health Specialty Track is a CHILD CENTERED collaborative effort between the Court, the Allen County Office of the Department of Child Services, Allen County Court Appointed Special Advocate Program (CASA), and Park Center, Inc.

The purpose of the Mental Health Specialty track is to provide additional case management services and additional case oversight for CHINS cases in which the mental illness of a child or parent is a significant contributing factor to the adjudication.

In many instances the mental illness of a parent or child may be such that communication with the case manager or legal counsel is adversely affected and/or additional services are required for the family. Often extended family members lack information about mental illness or the stigma that is often attached to mental illness inhibits a family form embracing services. Family members may not understand the important contributions they can provide in protecting the child. Sometimes a child is caught on a rollercoaster that follows the ups and downs of a parent’s illness. Under traditional practices the roller coaster is not stopped. Stability in placement is not secured. Cases gain a life of their own and the child’s childhood is lost.

The Mental health Specialty Tract provides that the attorneys, the Guardian ad Litems and the CASA volunteer assigned to the case have received training on issues related to mental illness. Services are tailored for the diagnosis of the child or parent and more case review conferences and/or Child Family Team meetings are held. Members of the child’s extended family are requested to become more involved in the case.

The primary goal is to achieve reunification. However, a concurrent plan for relative placement is also sought. The goal is to achieve an expedited safe sustainable permanency without resorting to the termination of parental rights.