Better For Families (BFF) | New York Courts

Overview

BFF is a collaborative approach to working with all child welfare cases, including those with substance use disorder (SUD), regardless of risk or need. BFF offers statewide change throughout child welfare, family court, as well as SUD and mental health treatment practices by integrating effective family treatment court (FTC) principles into the broader legal/judicial child welfare system. This process includes early identification, quality assessment, and trauma-informed responses to families.

BFF's 6 Principles (based on FTC research)

1. Early Universal Screening for SUD

Data suggests missed cases of SUD among parents and caretakers with child welfare involvement. Child welfare court data metrics revealed that 32.5% of all new 2019 NYS Article 10 petitions alleging abuse or maltreatment of children mention alcohol or other substance use. National research demonstrates the prevalence of SUD in child welfare matters stands near 80%. BFF also seeks to improve the identiﬁcation rate of families affected by SUD using the UNCOPE+, an evidence-based screening tool. (Children and Family Futures, 2016; Worcel, et al., 2006)

2. Enhanced Judicial Practice

Increased judicial engagement involves judges hearing cases more frequently in order to address barriers and move cases forward, improves accountability for all parties and leads to a higher likelihood of reunification and timely permanency. The increased contact with the court affords judicial officers the opportunity to ensure the family plan moves forward and mitigates any barriers that may arise. Ongoing interaction with a judge who is science and trauma informed and who gives parents an opportunity to voice their perspectives improves outcomes. (Edwards & Ray, 2005; Lloyd, et al., 2014)

3. Timely Access to Treatment

Parents who quickly enter SUD treatment after their children are placed in out-of-home care stay in treatment longer. Parents who stay in treatment longer are more likely to complete treatment, which has been found to significantly increase the likelihood of reunification with their children. (Green, et al., 2007; Grella, et al., 2008)

When SUD is a risk or safety factor, the parent can either complete a SUD assessment and follow all recommendations or follow a traditional schedule for child welfare cases. When parents choose to voluntarily engage with early treatment, the court continues to follow the case and meet all ASFA hearing requirements. If they choose not to follow recommendations, the court will: 1) schedule appearances every two weeks to encourage engagement with services, and 2) set the fact-finding hearing 90 days from the initial appearance. The court may then resolve the legal aspects of the case and order services upon a finding of neglect.

4. Improving Communication Between the Partner Systems

Each BFF county has a child welfare collaborative including, but not limited to, representatives of the courts, local department of social services, respondent attorneys, attorneys for the children, SUD, and mental health providers. This collaborative meets regularly to discuss local resources and services. Prompt and continuous communication between system partners increases the likelihood that a family receives the appropriate level of care. BFF does not require additional resources, such as a coordinator. Rather, BFF reexamines how to use existing resources and leverage them to support this approach.

5. Data Collection and Information Sharing

The children, parents, and families served by the Family Court have complex needs requiring services and supports from many different systems and service providers. Tracking access, engagement, and outcomes requires all systems and providers to: 1) actively engage in information sharing and data tracking, and 2) measure success not in a single system but across systems. BFF works with community providers to make sure they have the necessary data to support timely and effective service provision, as well as the ability to track, collect, and share outcomes within legal bounds.

6. Multisystem Cross Training

Understanding the roles and responsibilities of system partners remains a key factor in improving systemwide communication and collaboration. Trainings in specialized areas generally targeted either problem-solving courts and their teams, or solely the providers. Multisystemic cross training allows for the broader child welfare community to expand their knowledge base and learn about available services. The trainings also create opportunities for networking and relationship building among system partners who support service integration to better assist families.

Why the BFF Approach?

“National research tells us that there are 8.7 million children living with parents who need treatment for substance use disorder.”

Lipari RN, & Van Horn SL (2017). Children living with parents who have a substance use disorder.

“Ninety percent of those who need treatment services do not receive them.”

McCance-Katz, E.F. (2018). The National Survey on Drug Use and Health: 2018.

What We Noticed

38% of neglect/abuse cases in NYS involving children under 3 alleged substance use in the petition.

29% of neglect/abuse cases involving children 3 & over alleged substance use in the petition.

Source: NYS Unified Court System, Universal Case Management System, CWCIP Data Metrics, 2013–2021

Theory of Change

The BFF approach to serving families (i.e., data collection and sharing; multisystem cross training) seeks to reduce recurrence of maltreatment and increase the number of children remaining safely in their homes, timely permanency, support recovery, and increase judicial capacity. Steps include:

Early identification
Enhanced judicial practices
Timely access to treatment
Increased family and case team communication and information sharing
Increased use of evidence-base

Problem-Solving Courts

Problem-solving courts focus on a specific family need, such as SUD, mental health, or very young children. These judge-led, multidisciplinary teams receive specialized training to: 1) effectively identify and respond to the family’s strengths and needs, and 2) connect to appropriate therapeutic strategies. While admission offers go out to all parents meeting eligibility for the problem-solving court, participation is typically voluntary. Each jurisdiction determines eligibility, and local resources dictate capacity.

BFF is not a specialized problem-solving court, but rather a collaborative approach to working with all child welfare cases, including those with SUD, regardless of risk or need. Given its universal applicability and broad capacity, BFF suits a wide range of jurisdictions, especially those with limited community resources.

Family Treatment Court

FTCs serve children, parents, and families involved in the child welfare system when parental substance use and/or co-occurring mental health disorders contribute to child abuse or maltreatment. Judges, court personnel, attorneys, child protective services, treatment professionals, and other community partners collaborate on and coordinate services. All strive to promote: 1) safe, nurturing, and permanent homes within mandatory timeframes for all children; 2) stability and recovery for all parents; and 3) access to needed services and supports for all family members. FTCs provide intensive judicial monitoring along with family-focused interventions, services, and supports drawing upon the families’ strengths and meeting their comprehensive needs.

Strong Starts Court Initiative

Strong Starts brings expertise in early child development to all stages of a child welfare proceeding to strengthen families and interrupt intergenerational cycles of system involvement. The program focuses on families (with children 0-3) involved in the family court due to allegations of abuse and neglect. Infants and parents benefit from enhanced judicial practices, clinical assessments, customized service plans, increased collaboration and problem solving, and access to a network of community and evidence-based services. Services include those in the domain of child development, adult development, and those supporting infant mental health, parent-child attachment, and family stability.

Shifts in Business

State Governance Structure: An executive committee and core planning team consisting of key stakeholders across the courts, child welfare, health, mental health, and SUD treatment meet regularly to remove systems barriers and facilitate change related to the BFF approach.

Data Sharing and Evaluation: State-level partners across systems work together to better track data related to the courts, child welfare, public health, mental health, and SUD treatment.

BFF Blueprint: A comprehensive guide now helps court, child welfare, health, mental health, and SUD treatment professionals navigate the implementation process.

Multisystems Collaborative Trainings: Trainings previously reserved for FTCs and partners are now available statewide to all child welfare professionals and partners.

Onsite Substance Abuse Assessments: SUD providers rotate a daily schedule so staff can assess individuals at the courthouse and refer to the treatment provider of choice.

Universal Screening: Pilots use a multifaceted approach, including use of a validated screening instrument, checking with collateral contacts, drug screens, and signs and symptoms of substance use. Local social services departments administer the UNCOPE+ in counties as part of a universal screening approach to identify families affected by SUD earlier.

Universal Assessment: A universal assessment form allows individuals recommended for treatment to choose any provider for treatment without needing a new assessment.

Peer Recovery Support: Pilots sought to implement peer recovery supports to encourage family engagement and access to treatment. Peer supports work with SUD providers as well as local departments of social services.

Motivational Interviewing (MI): All six pilot sites’ DSS caseworkers received MI training. MI is an evidence-based, goal-directed, client-centered counseling style for eliciting behavioral change by helping clients explore and resolve ambivalence. MI may help with a wide range of problem behaviors related to alcohol and substance use, health promotion, medical treatment adherence, and mental health issues.

Governance Structure

BFF is a collaborative approach to helping parents, children, and families achieve well-being and family preservation; the program identifies needs early and effectively to either keep children at home or return them safely.

Executive Committee branches into Data, Services, and Training Sub-Committees

Each regional leadership team includes members selected from local collaboratives within the judicial districts. Leadership team members: 1) inform the executive committee, 2) may join one or more statewide sub committees, and 3) act as representatives of, and conduits of information to, the communities in their respective districts. Representation includes:

Family Court, Local Government/Service Providers, Parents and Youth With Lived Experience, and Tribal Partners

The New York State Uniﬁed Court System received a grant from the Office of Juvenile Justice and Delinquency Prevention (OJJDP) to work with other state agencies in 2020. Goals include prioritizing early identiﬁcation of families in need of SUD treatment while supporting enhanced access to quality treatment. The grant allows the Child Welfare Court Improvement Program (CWCIP) to build on its BFF project pilots—originally funded through a prior OJJDP grant—and continue to expand training and technical assistance that promotes FTC best practices in counties without FTCs. The grant also supports the enhancement and expansion of FTCs in collaboration with the Division of Policy and Planning. The project provides resources and technical assistance to promote continuous quality improvement through sharing data, cross-training, supporting the use of universal screening, access to quality assessments, more frequent court reviews, and integration of trauma-informed care practices.