| 10.1
PURPOSE
Citizen Review Boards (CRBs) are created by the Citizen Substitute Care Review Act to “provide a permanent system for independent and objective monitoring of children placed in the custody of the department [CYFD].” §32A-8-2. A CRB provides case advocacy and systems advocacy by reporting to the court after reviewing treatment and permanency plans, as well as the progress made in a case. CRBs are intended to be autonomous, credible and impartial fact finders. Each CRB board has 5 to 7 volunteer members.
At the end of 2007, New Mexico had over 35 local CRBs throughout the state, organized by county. High caseload areas have more than one board. A central office in Albuquerque administers the CRB system.
10.2 DUTIES
AND RESPONSIBILITIES
10.2.1 TASKS
Prior to judicial review in an abuse and neglect case, a CRB is required under §32A-8-6 to:
- Review any dispositional order or continuation of an order, as well as CYFD’s progress report on the child.
- Submit a report to the court that includes recommendations on the treatment and permanency plans and other relevant matters. This report becomes part of the child’s permanent court record.
Ideally, the CRB reviews a case one month prior to the next judicial review and/or permanency hearing in which the children’s court judge examines the case’s status. The CRB reviews each case at regular intervals throughout its pendency in the legal system.
Annually, the statewide
CRB system:
- Collects facts on each child reviewed for use by the CRB office in creating local and statewide profiles of the status of all children in state custody.
- Makes recommendations to CYFD, the courts and the legislature regarding statutes, policies and procedures relating to substitute care, as required by §32A-8-4(D).
10.2.2 REVIEW
PROCESS
A CRB meets once a month, on a set day such as the third Wednesday, to review cases. All interested parties (individuals involved in the child’s court proceedings or the child’s welfare) must be invited and given the opportunity to participate fully. §32A-8-6(A). If attendance at the review is not possible, letters to the CRB office can be used to communicate with the local CRB. Participation by phone is possible.
The CRB office invites individuals from lists provided by the CYFD worker in the case. The list should include all of the appropriate people for the most complete review, including:
- CYFD worker, supervisor and children’s court attorney.
- Guardian ad litem, youth attorney, respondents’ attorneys, other appropriate attorneys.
- Child(ren) if over 10 years, parents, appropriate relatives.
- Foster parents (current and former), other substitute care providers.
- Members of the household in which the child may be placed.
- Prospective adoptive parents (if placed).
- Therapists, other service providers, teachers.
- CASA volunteers and others directed by the court.
The number of interested parties
at a review varies greatly.
Thirty to forty-five minutes are allotted for each review. The review focuses on the child’s permanency plan, treatment plans, and ten specific areas of focus based on judicial checklists and federal outcomes. It begins with an introduction that explains the purpose and role of CRB. After the introduction, each board member, the regional specialist, and all parties introduce themselves. One board member then gives a brief introduction to the case and requests an update by the CYFD worker. Each interested party is given an opportunity to speak, and board members will ask questions.
After everyone has had the opportunity to participate, all interested parties leave the room. The board members then deliberate, make assessments in the ten focus areas, identify barriers and strengths in the case, formulate recommendations, and determine whether they concur with the permanency plan for each child. A paid regional specialist, hired by the CRB office, takes notes during the review and records the board’s recommendations.
10.2.3 WRITTEN
REPORTS
The CRB submits a report to the court that includes:
- Information on each child, such as the number of placements and percentage of the child’s life spent in custody.
- Case background, including basic information on the children, parents, and case.
- Recommendations on the permanency plan, treatment plan, placements and other relevant matters.
- Barriers to the permanency plan and treatment plan, and strengths in the case as perceived by the CRB.
- A summary and assessment in ten focus areas: permanency, placement, preserving connections, mental and behavioral health needs, physical and dental health needs, educational and developmental needs, child well-being plan (13 years and younger), youth well-being plan (14 years and older), respondents’ status, and respondents’ comprehensive service plan.
- A list of interested parties who had input into the review.
This recommendation report, written by a paid regional specialist and given final approval by the local board chair, is transmitted to the judge prior to the court hearing. Copies of the reports are sent to the CYFD worker and supervisor, all attorneys, the CASA, and, if applicable, ICWA social workers and attorneys. The first page of the report is sent to the foster parent, treatment foster parent, and treatment foster agency. The regional specialist is responsible for entering data on each child in the CRB’s data system.
10.3 COMPOSITION
10.3.1 QUALIFICATIONS
Each CRB must represent the various socioeconomic, racial, and ethnic groups of the community that it serves, to the maximum extent feasible. §32A-8-5(A). Cultural diversity on CRBs is important, especially given the disproportionate representation of minority children in foster care. With New Mexico’s culturally diverse population, the need for sensitivity to racial and ethnic variations is of even greater concern. That sensitivity is maximized if diversity exists on the boards.
Essential characteristics for CRB members are:
- Commitment to children and permanency planning.
- Interest, experience, or training in issues concerning child placement and child development.
- Willingness to accept the full responsibility of the position.
- Ability to recognize the importance of the team effort involved in the review process.
10.3.2 SELECTION
PROCEDURES
A potential member submits an application to the CRB office and a copy of this application is sent to the board chair of the appropriate local board. The board chair interviews the applicant by phone or in person, and discusses the reason membership is sought, pertinent experience, and any questions the applicant may have. Based on a positive outcome of the interview, the board chair invites the applicant to observe a CRB meeting. The applicant signs a confidentiality statement and attends a meeting.
After the meeting, the board members privately discuss the suitability of the applicant as a board member. The board recommendation is communicated to the CRB office. If a positive recommendation is made, the office then notifies the appropriate CYFD county office managers and the appropriate judges for their review of the applicant. The CRB office sends the applicant a certificate of CRB appointment, a letter of rejection, or a letter indicating no current vacancy on the board but placement on a waiting list until a vacancy occurs. No person employed by the state Department of Finance and Administration (which contracts with a non-profit organization to operate the statewide CRB project), CYFD or a district court may serve on a local CRB board.
10.4 STATE
ADVISORY COMMITTEE
The Citizen Substitute Care Review Act requires the establishment of a CRB Statewide Advisory Committee (SAC), composed of three persons with expertise in the area of substitute care (public members) appointed by the Secretary of Finance and Administration or Governor, and one representative of each local board. §32A-8-4(A). The SAC is authorized to adopt reasonable rules that include guidelines for the determination of the appropriate type of review and the information needed for all cases to be adequately monitored. The committee must make annual recommendations to CYFD, the courts and the legislature on statutes, policies and procedures relating to substitute care. It fulfills this mandate by preparing an annual report and recommendations on collected data elements and recommendations regarding the abuse and neglect system. This report is distributed widely throughout the state to the many participants in the abuse and neglect system.
The SAC generally meets three times a year, but no less than twice a year. The executive committee of the SAC meets a month or so before the SAC. The executive committee consists of a chairperson, a vice chairperson, a representative from each of the five regions of the state (Northwest, Central, Northeast, Southeast, and Southwest), two at-large representatives, subcommittee chairs, and the three public members. The SAC has several sub-committees, including but not limited to an Education and Training Committee and a Reports and Publication Committee.
10.5 CRBs (CITIZEN REVIEW BOARDS) AND CASAs (COURT APPOINTED SPECIAL ADVOCATES)
10.5.1 THE RELATIONSHIP BETWEEN CRB AND CASA
On October 1, 2004, the New Mexico Department of Finance and Administration contracted with the New Mexico CASA Network to perform CRB’s statutorily mandated work. Soon afterward, the New Mexico CASA Network expanded its mission to advocate for vulnerable children through a number of avenues, including support for local CASA and access and visitation programs and the CRB project. In 2006, in order to reflect this new mission, the organization changed its name to New Mexico Child Advocacy Networks.
10.5.2 DIFFERENCES BETWEEN CRB AND CASA VOLUNTEERS
For a chart comparing CRB and CASA volunteers click here: PDF. |
