Ind. Allen Cnty. Fam. Local Rule LR02-JV00-38

A. Facilitation – Immediately preceding the Initial Hearing on a petition to

adjudicate a child to be a child in need of services, or at a time otherwise directed by

the court, a facilitation shall be

conducted.

B. Facilitation defined – Facilitation is a confidential process in which a

neutral third person, appointed by the court, acts to encourage and to assist the

parties in achieving a non-adversarial resolution to the allegations set forth in the

petition alleging the child to be a child in need of services. The facilitator assists

the parties in problem identification and resolution. During the facilitation process,

the parties may agree to orally amend the allegations of the petition and the terms

of the proposed plan for parent participation. The facilitator will assist the parties in

resolving issues regarding the child’s placement; the plan for visitation by the

parent, guardian, and/or custodian; the responsibilities, duties and requisite

services for the family’s care,

treatment and rehabilitation; the roles of other individuals in the family’s

rehabilitation; and other matters relative insuring the child’s protection and

best interests.

C. Participants to the facilitation – The parent, guardian and/or custodian;

the attorney representing the parent, guardian, and or custodian; the guardian

ad litem or court appointed special advocate; the county Department of Child

Services shall participate in the facilitation process. The child shall attend the

facilitation if the child’s guardian ad litem or court appointed special advocate

believes it is in the child’s best interests to attend and believes the child to be of

suitable age and maturity to participate. The child’s relatives; the foster parent;

persons providing support for the parent, guardian or custodian; and/or other

persons who have significant or caretaking relationships to the child may be in

attendance at the facilitation unless excluded by the court. Facilitations are not

otherwise open to the public except as may be approved by the court for the

purposes of training or research.

D. Facilitation Procedure – All cases pending an Initial Hearing shall be first

submitted for facilitation. All parties are required to mediate the issues in good faith but

are not compelled to reach an agreement. The facilitator shall first determine whether

the parties named in the petition have been apprised of their rights. Any request for the

appointment of pauper counsel shall be completed in writing on a form prescribed by

the court and submitted to a judge or magistrate for a ruling prior to the

start of the facilitation. The facilitator shall explain the process and identify the issues

that are to be discussed in facilitation. Each allegation of the petition alleging the child

to be a child in need of services shall be reviewed. Parties shall be given an

opportunity to explain their position with regard to each allegation. Where appropriate

and, by agreement of the parties, the allegation may be amended. Once the petition is

facilitated, the facilitator shall assist the participants in determining the nature and types

of services in which the child or parent, guardian, custodian, or other person should be

required to participate. Agreements reported to the court following facilitation must be

based on the autonomous decisions of the parties and not the decisions of the

facilitator.

The facilitator shall orally present the facilitation report to the court at the Initial

Hearing and, if appropriate, the Dispositional Hearing. The report shall include a

recitation of the parties’ respective admissions and denials to the allegations of the

allegations of the petition, the parties’ agreement for provisional orders, parent

participation plan and/or dispositional decree and a statement of unresolved

issues. At the Initial Hearing, the court will confirm with the parties and the

participants the terms of the facilitated agreement. The Court may adopt the parties’

agreement as orders of the court if it determines the agreement is in the best interests

of the child. Issues that are not resolved through facilitation or not adopted as an order

of the court may be referred back by the court for additional facilitation, may be

resolved by order of the court based on a summary presentation,

or may be scheduled by the court for a subsequent hearing or fact finding. The rules

of evidence do not apply in facilitation.

E. Termination of Facilitation – The facilitator may terminate facilitation

whenever the facilitator believes that continuation of the process would harm or

prejudice the child or one or more of the

parties. The facilitator may bifurcate the process whenever the facilitator

determines that due to a party’s history of domestic violence would impede

another party’s ability to openly discuss issues should the other person be

present.

F. Confidentiality – Statements and issues discussed in facilitation are

confidential and may not be used as statements against interest or otherwise against a

party in any Initial Hearing, fact

finding, or pending or impending civil or criminal trial unless consent by the

declarant is given. Facilitators shall not be subject to process requiring the

disclosure of any matter discussed during the facilitation, but rather, such matter

shall be considered confidential and privileged in nature. The confidentiality

requirement may not be waived by the parties, and an objection to the obtaining

of testimony or physical evidence from facilitation may be made by any party or

by the facilitators.

G. Qualification of Facilitators – All facilitators shall be appointed by the court.

In determining the appointment of a facilitator, the court may require the following

training to be completed:

A series of court-approved classes or seminars on the principles of Family

Group Decision Making and/or dependency mediation as offered by the court,

the American Humane Association, model courts designated by the National

Counsel of Juvenile and Family Court Judges; or dependency mediation

courses that may be offered by the Association of Family and Conciliation

Courts;

Classes or seminars on the law governing children in need of services;

Classes or seminars on issues related to poverty, racial and cultural diversity,

strength based practices, and positive youth development; and, In addition to the

foregoing, the court may require a facilitator to complete Alternative Dispute

Resolution training as set forth in Alternative Dispute Resolution Rule 2.5

H. Appointment of Pauper Counsel – Any party requesting appointment of

paper council in any case shall complete a questionnaire prescribed by the court that

requests information regarding

the applicant’s employment, earnings, financial resources, education, training, age,

family composition, disabilities, or other information necessary for the court to

consider the applicant’s eligibility for the appointment of pauper counsel. After

considering the complexities of the factual and legal issues in this case, the likelihood

of the applicant’s ability to prevail on the merits of the case, the ability of the

applicant to investigate and present the applicant’s claims and/or defenses without an

attorney, and the opportunity for facilitation/mediation, the court will enter findings and

order that determines whether the applicant has sufficient means to defend or prosecute

the case. Based on it findings, the court may appoint pauper counsel who will be fully or

partially compensated by the court. The court may require the applicant to pay and be

responsible for all or part of the pauper counsel’s fees.

I. Attorney Guardian ad Litem and Pauper Counsel Fees – Services by

attorneys appointed by the court to serve as paper counsel or as a guardian ad litem

shall be deemed quasi pro bono and

shall be paid upon submission of a claim for services as restricted by the court’s fee

schedule.

The fee schedule will be based upon an hourly fee as set forth in the court’s order of

appointment. With the exception of costs of copying and postage, any fees or costs

not set out in the fee schedule must be pre-approved by the court. By acceptance of

appointment the court appointed counsel agrees to abide by the fee schedule

established by the court and further agrees to timely submit all claims for payment.

Claims for payment should be submitted on the day services are rendered unless other

arrangements are made with the court. Any claims for fee not submitted within thirty

(30) days from the date the services were rendered will be deemed waived and such

services will be regarded as rendered entirely pro bono.