| Cooperative Parenting Programs |
ADMINISTRATOR:
Ann Marie Termini, Ed. S., M.S.
Lackawanna County Family Court (963-6512) -
and Clarks Summit, PA (586-5669)
HISTORY:
In effect for three (3) years in Lackawanna County
A) WHAT IS IT?
The Group Cooperative Parenting Program is series of classroom style sessions aimed at educating parties on how to identify and deal with the parenting conflicts which commonly results from divorce and family separation. It is an in-depth and intensive continuation of the conflict matters that are introduced in Kids First. The group is led by a person called an "Educator". Currently, Ann Marie Termini is the only Group Educator. She does occasionally utilize interns, however, an intern will not assume the role of Educator. A group usually consists of twenty (20) individuals (approximately ten (10) pairs of parties).
The parties will be expected to read a textbook, view videos and discuss the content during the Group Session. Discussions will be held by the entire Group or in smaller groups. The Educational Text Outline (Exhibit "D") lists the specific subjects that are covered during Group Cooperative-Parenting. The parties will be instructed to complete homework assignments which will usually be directives to apply tactics that the parties have learned in the previous session then discuss the result of the applications in the following session. The parties will be expected to participate in role play activities.
At the end of the Group Program, parties receive a Certificate of Completion (See Exhibit "E" ). If the Educator does not place notations on the Certificate, the indication is that the parties participated appropriately and did well during the program. Notations on the Certificate may indicate on-going problems and may include suggestions concerning how to address the problems. Since the Educator will not be familiar with the entire case of any of the parties, suggestions for changes to custody/visitation schedules will not result from the Group Program.
B) WHEN IS IT APPROPRIATE?
The Group Cooperative Parenting Program is designed for mild to moderate levels of parental conflict. On paper, the factors to determine whether a case is moderate or severe are almost identical (Exhibit "F"). However, a practical distinction between moderate and severe is not difficult. The Judge, the master and the attorneys usually do not have difficulty identifying severe cases which need individual attention. The Cooperative Parenting Administrator suggests that if the referring individual(s) are unsure if a case is moderate or severe, the parties should try the Group Program first because the moderate/severe parties may benefit from the example of mild/moderate parties in the group.
Parties otherwise Ordered to stay away from each other under a Protection From Abuse (PFA) Order may still participate in the Group Cooperative Parenting Program if there is not a determination of stalking or severe violence. The issue of severity should be decided by the Judge and appropriate notations or Modifications to the PFA Order should be made through Court and Counsel before these parties begin the Group Program.
C) WHEN IS IT NOT APPROPRIATE?
The Group Cooperative Parenting Program is not appropriate for cases which
focus on the following issues:
- a primary physical custody or joint physical custody claim or decision is pending
- a custody modification hearing or decision is pending
- a relocation or jurisdiction issue is pending
- either party has been diagnosed with a psychological disorder which would hinder his/her ability to participate effectively (IE: bi-polar condition, schizophrenia, personality disorders)
- psychiatric reports are pending
- a history of serious physical violence/stalking
- an Indicated finding of physical/sexual child abuse
- a pending CYS and/or police investigation of physical/sexual child abuse - a central issue of drug or alcohol abuse
- a recent history of severe conflict
- a history of chronic Contempt of Court
D) DURATION
The Group Cooperative Parenting Program consists of eight (8) two and one half hour (2 1/2) hour sessions. The sessions span over eight (8)consecutive weeks with the exception of holidays and conflicts with the schedule of the Educator.
E) TIME/PLACE
_ Group Cooperative Parenting Sessions are currently held in the Jury Room on the Second Floor of the Lackawanna County Courthouse on Thursday evenings from 6:30 PM until $:30 PM.
F) COST:
The standard cast of the Group Cooperative Parenting Program is an Eighty ($$0.00) Dollar flat fee per person for the entire class. There is a required book purchase of Twenty ($20.00) Dollars. The total current cost is One Hundred ($100.00) Dollars per person. Other significant individuals (spouse, non -party grandparent, paramour) may be permitted to attend sessions at the discretion of the Educator. There is generally no additional charge for non-parties. Children do not attend the Group Program.
If an individual is proceeding In Forma Pauperis pursuant to Court Order, there is no charge to the individual for the sessions. If an individual does not qualify to proceed In Forma Pauperis and still claims he/she can not afford to pay the standard cost, they will be required to submit documentation of annual income to the Administrator for the Group Program for consideration of partial financial assistance from the County and/or alternate payment arrangements. The final decision concerning financial hardship, excluding In Forma Pauperis, is made by the Administrator.
G) SUCCESS AND STATISTICS
Approximately two hundred (200) parties have participated in the Group Program. The parties are requested to complete a Post-Assessment/Program Evaluation questionnaire at the end of the Progam. Statistics have been derived from the Evaluation forms. In situations where both parents participated in the Group Program, the majority of participants reported a significant improvement in their co-parenting relationship. Approximately four (4) cases reported no change as a result of the Program. In situations where only one (1) parent participated, improvement in the co-parent relationships were not as evident, however, most of these parents reported improvement in their relationships with their children.
H) WHERE IS THE ATTORNEY DURING THE PROCESS?
The parties are expected to cease litigation during the process or the Group Program. If there is a high probability of litigation, they should not be in the Group Program in the first place. However, the Attorney is still the legal advisor to the party during the Group Program. The issues covered in the Group Program are psychological and behavioral as opposed to legal. If the parties have legal questions which arise during the Program, they should contact their Attorneys. They should also contact their Attorneys if a Custody Order needs to be Modified pursuant to the Agreement of the parties during the Program. If litigation is absolutely necessary during the course of the program, the Attorney should advise the Educator in writing. There may also be a need for a Motion for Stay on the Order for participation in the Cooperative Parenting Program depending on the nature and the severity of the conflict leading to litigation.
I) TESTIMONY AND EVIDENCE
The Group Cooperative Parenting Program offers the Attorney very little in terms of testimony and evidence. The Educator will not be familiar with the specifics of each participant's case. She will most likely not be able to offer much more testimony than whether or not the parties participated, whether the parties completed the program and, if they completed the program, if counseling is advisable. The Court receives only the Certificate of Completion.
INDIVIDUAL COOPERATIVE PARENTING PROGRAM
A) WHAT IS IT?
The Individual Cooperative Parenting Program is designed for moderate to severe custody conflict cases. It is a series of private setting sessions which require the participation of both parties with an individual called a "Co-Parent Coordinator". It may also include the children and other significant individuals (spouse, non-party grandparent, paramour) at the discretion of the Co-Parent Coordinator. Ann Marie Termini is the administrator and supervising Coordinator. She conducts some Individual Programs and assigns the rest to other Co-Parent Coordinators who are mental health professionals with Masters or Doctoral level education. Lackawanna County currently utilizes: Sheriann O'Malley (Taylor), Paul Libassi (Clarks Summit), Bill Harrington (Scranton) and Chet Muklewicz (Dickson City).
Like the Group Program, the Individual Program is also aimed at educating parties on how to identify and deal with the parenting conflict which commonly results from divorce and family separation. However, the Individual Program differs from the Group Program in that the Co-Parent Coordinator will become familiar with the details of the Individual Case and may render specific recommendations to the Court. It is much
more intensive and invasive than the Group Program and it focuses on the specific problems of the parties.
Prior to the Program, the parties will be provided with a packet of information which describes the Individual Program in detail. The packet also contains a comprehensive Intake Form as well as fourteen (14) worksheet form pages of questions in connection with the custody matter that must be completed by both parties before sessions begin. The parties will also be asked to sign an Authorization for Release of Information (Exhibit "G") which will allow the Co-Parent Coordinator to collect records and permit the Co-Parent Coordinator to discuss their records and progress with the party's attorney, the Court, physicians, counselors or psychologists. The parties will be asked to sign an extensive Agreement prior to beginning the program (Exhibit "H") which provides details about the Cooperative Parenting Program.
Individual Co-Parenting is not a confidential process. Attorneys should advise clients that whatever is said or submitted during Individual Co-Parenting can possibly be used in Court.
B) WHEN IS IT APPROPRIATE?
The Individual Co-Parenting Program is designed for moderate to severe levels of parental conflict. On paper, the factors to determine whether a case is moderate or severe are almost identical (Exhibit "F"). However, a practical distinction between
mild/moderate and moderate/severe is not difficult. The Judge, the master and the attorneys usually do not have difficulty identifying severe cases which need individual attention. If a case is moderate or severe but does not fall into Category C (below), Individual Cooperative Parenting is probably appropriate.
As with the Group Program, parties otherwise Ordered to stay away from each other under a Protection From Abuse (PFA) Order may still participate in the Individual Cooperative Parenting Program if there is not an allegation of stalking or severe violence. The issue of severity should be decided by the Judge and appropriate Modifications to the PFA Order should be made through Court and Counsel before the parties begin the Individual Program.
C) WHEN IS IT NOT APPROPRIATE?
The Individual Cooperative Parenting Program is not appropriate for cases which
focus on the following issues:
- a primary physical custody or joint physical custody claim or decision is pending
- a relocation or jurisdiction issue is pending
- either party has been diagnosed with a psychological disorder which would hinder his/her ability to participate effectively (IE: bi-polar condition, schizophrenia, personality disorders)
- psychiatric reports are pending
- one of the party lives far away or is otherwise unavailable to participate regularly in the sessions
- a history of serious physical violence/stalking
- an Indicated finding of physical/sexual child abuse
- a pending CYS and/or police investigation of physical/sexual child abuse
D) DURATION:
On average, the parties attend sixteen (16) sessions over eight (8) to twelve (12) months, however, a few cases in Lackawanna County have extended over two (2) years.
Each session is eighty (80) minutes in duration. Sessions are held weekly at first then the frequency is reduced over time. Sessions are considered complete when the Co-Parent Coordinator issues a Report stating that either the parties have successfully completed the Program or that the Program is no longer effective in addressing the issues of the parties.
E) TIME/PLACE:
Individual Co-Parenting Sessions are usually held at the office of the assigned Co-parent Coordinator by appointment.
F) COST:
Each party is required to submit a $300.40 retainer up front to Lackawanna County Family Court. The instructions for payment are included in the packet that each party receives prior to beginning the Program. The parties are also required to pay a Twenty ($20.00) book fee up front. The parties are then billed monthly from that retainer by an hourly rate ranging from $4.00 to $35.00 a session depending on income. To determine hourly rate, the parties will be required to submit documentation of annual income to the Supervising Co-Parent Coordinator (currently Ann Marie Termini). There is generally no additional charge for non-parties.
If an individual is proceeding In Forma Pauperis pursuant to Court Order, there is no charge to the individual for the sessions.
G) SUCCESS AND STATISTICS
Statistics on the success of the Individual Cooperative Parenting Program were compiled by the Program Administrator over the last two and one half (2 I/2) years.
- There have been Sixty-eight (68) Individual Program cases in Lackawanna County. - Forty-one (41) of the Sixty-eight cases are still involved in the Program.
- Sixteen (16) cases have been categorized as "successful completion" and have not yet returned to custody litigation.
- Three (3) cases have been categorized as "unsuccessful completion" and have returned to custody litigation after the completion of the Program
- Six (b) cases were discontinued due to characterologica/psychological deficits exhibited by one or both of the parents.
- Three (3) cases were discontinued due to resumed litigation over primary custody before the completion of the Program.
H) WHERE IS THE ATTORNEY DURING THE PROCESS?
Due to the very small number of Co-Parent Coordinators in Lackawanna County-, the Attorneys do not have much choice concerning which Coordinator will be utilized. However, if there appears to be a potential conflict do to a Coordinator's participation in a related case, the Attorney should bring the matter to the attention of the Court so the case can be assigned to another Coordinator. The Attorney's can suggest limits to Individual Co-Parenting issues to the Court. This will not ensure that the Co-Parent Coordinator will not cover other issues that may arise during the course of the Program, but it may serve to narrow the focus of the sessions and minimize costs for the parties. If the Court decides to narrow the issues for the Co-Parent Coordinator, this directive can become part of the Co-Parenting Order.
The parties are expected to cease litigation during the process or the Individual Program. However, the Attorney is still the legal advisor to the party during the Individual Program. If the parties have legal questions which arise during the Program, they should contact their Attorneys. The Coordinator may also specifically request that both parties discuss certain issues with their respective Attorney's before an Agreement is reached on an issue. Parties will be directed to contact their Attorneys if a Custody Order needs to be Modified as a pursuant to the Agreement of the parties during the Program.
The Attorneys may contact the Co-Parent Coordinator and request feedback during the course of the Program if the Attorney's client signs a proper Authorization Release.
If litigation is absolutely necessary during the course of the program, the Attorney should advise the Co-Parent Coordinator in writing. There may also be a need for a Motion for Stay on the Order for participation in the Cooperative Parenting Program depending on the nature and the severity of the conflict leading to litigation.
I} TESTIMONY AND EVIDENCE
The Individual Cooperative Parenting Program may produce a report which can be used as evidence. The Co-Parent Coordinator may also be requested to appear at a Custody Conference or testify at a hearing. Although, the Co-Parent Coordinator will be familiar with each participants' cases, the Report will be limited to an issue that the parties could not resolve during the sessions. There will never be a Recommendation from the Coordinator concerning an issue of primary custody. A Report can also contain the following information:
- Whether a change in the Custody schedule is advisable including the basis
for the recommendation
- Whether or not the parties cooperated with the Program, if not, which party did not cooperate and in what manner
- Whether or not the Program has been effective with the parties
- If Co-Parenting has not been effective, the reason why the program has not worked for the parties
- A Recommendation of family, child or individual counseling including the basis for the recommendation and referrals to the type of counselor suggested
- A Recommendation for Psychological/Psychiatric Evaluation including the basis for the recommendation
- A Recommendation for Court Ordered Sanctions
The Co-Parent Coordinator may also be requested to appear at a Custody Conference or testify at a hearing. A Coordinator will not automatically appear for litigation and informal notice from a party who is represented by an Attorney is not sufficient. Adequate written Notice from the Attorney requesting the presence of the Coordinator would be necessary.
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