Article 10—Case ManagementK.S.A.  23-1000. Definition:
  Case management (CM) is a child-focused  alternative dispute resolution process in which a mental health professional,  or other qualified individual with mediation training and experience assisting  high conflict parents to implement their parenting plan by facilitating the  resolution of their disputes in a timely manner, educating parents about  children’s needs, and, with prior approval of the parties and/or the court,  making decisions within the scope of the court order or appointment  contract.  The overall objective of case  management is to assist high conflict parents in implementing their parenting  plan, to monitor compliance with the details of the plan, to resolve conflicts  regarding their children and the parenting plan in a timely manner, and to  protect and sustain safe, healthy, and meaningful parent-child relationships.  This is a temporary service provided to the families at their cost. A CM shall  maintain impartiality in the process of case management, although a CM is not  neutral regarding the outcome of particular recommendations. <ins> </ins>Impartiality means freedom from  favoritism or bias in word, action, or appearance, and includes a commitment to  assist all parties.
 
K.S.A. 23-1001. Case Management;  process:
Case  management under this act is the process by which a neutral case manager  appointed by the court, or by a hearing officer in a proceeding pursuant to  K.S.A. 23-701, and amendments thereto, or through agreement by the parties,  assists the parties by providing a procedure, other than mediation, which  facilitates negotiation of a plan for child custody, residency or visitation,  or parenting time. In the event that the parties are unable to reach an  agreement, the case manager shall make recommendations to the court Dispute Resolution  Coordinator.

(1)    A CM will communicate with all parties, counsel, and  children in a manner, which preserves the integrity of the case management  process and considers the safety of the parents and children. The CM will have  access to persons involved with family members and to documentary information  necessary to fulfill the responsibilities of the CM
(2)    Case management is a non-adversarial process designed to  reduce acrimony and settle disputes efficiently, a CM may engage in ex parte  (individual) communications with each of the parties and/or their attorneys, if  specified in writing in the order of appointment, CM agreement, or stipulation.  The CM may initiate or receive ex parte oral or written communications with the  parties and their attorneys, legal representatives of the children, and other  parties relevant to understanding the issues. The CM should do so in an  objective, balanced manner that takes into consideration the possibility or  perception of bias. Ex parte communications are not allowed for the Judge’s due  to the Judicial Canon’s that are in place. The CM should communicate  agreements, recommendations, or decisions to all parties and counsel at the  same time.
(3)    A CM should facilitate agreements between the parties in  a timely manner on all disputes regarding their children as they arise
(4)    A CM shall assist the parties in reducing harmful  conflict and in promoting the best interests of the children consistent with  the roles and functions of a CM.
(5)    A CM serves an assessment function. The CM should review  the custody evaluation, other relevant records, interim or final court orders,  information from interviews with parents and children and other collateral  sources, domestic violence protection orders, and any other applicable cases  involving criminal assault, domestic violence or child abuse, <ins>and </ins>educational  records, and analyze the impasses and issues as brought forth by the parties.
(6)    A CM serves an educational function. The CM should  educate the parties about child development, divorce research, the impact of  their behavior on the children, parenting skills, and communication and  conflict resolution skills. The CM may coach the parties about these issues.
(7)    A CM serves a coordination/case management function. The  CM should work with the professionals and systems involved with the family  (e.g. mental health, health care, social services, education, legal) as well as  with extended family, stepparents, and significant others.
(     A CM should attempt to facilitate resolution of issues by  agreement of the parties; however, the CM is not acting in a formal mediation  role. An effort towards resolving an issue (which may include therapeutic, mediation,  educational, and negotiation skills) does not disqualify a CM from deciding an  issue that remains unresolved after efforts of facilitation
(9)    A CM serves a conflict management function. The CM’s  primary role is to assist the parties to work out disagreements regarding the  children to minimize conflict. The CM may utilize dispute resolution skills  from principles and practices of negotiation, mediation, and arbitration. To  assist the parents in reducing conflict, the CM may monitor the faxed, e<ins>-</ins>mailed,  or written exchanges of parent communications and suggest more productive forms  of communication that limit conflict between the parents. In order to protect  the parties and children in domestic violence cases involving power, control<ins>,</ins>  and coercion, a CM should tailor the techniques used so as to avoid offering  the opportunity for further coercion.
(10)                        A CM serves a decision-making function. When parents are  not able to decide or resolve disputes on their own, the CM shall be empowered  to make decisions to the extent described in the court order, or to make  reports or recommendations to the parties for further consideration. CMs should  communicate their decisions in a timely manner in person or by fax, e-mail<ins>,</ins>  or telephone. In the event decisions are provided orally, a written version  shall follow in a timely manner
(11)                        The CM should use or gather written or verbal statements  of the dispute from EACH party, as well as other relevant sources of  information.  The methodology used by the  CM shall be fair to both parties, and be transparent to both the court and the  parties.  Each party shall be given an  opportunity to be heard in the process.   If one party refuses to cooperate after notice, then the CM may not  continue.
(12)                        The CM’s are subject to process, or to be called on to  testify to the content of their recommendations.
(13)                        Upon Completion of Case Management the parties have an  obligation to complete the survey sheet in their packet, and grade the Case  Manager on their abilities or skills in their respective case. This document  will be sent to the Dispute Resolution Director in Topeka, where a grading  scale and experience database will be kept to compile a complete history on the  experience and satisfaction of the parties. This process will allow for skill  references and qualifications of the case  managers currently and  in the future.

 
K.S.A.  23-1002. Same; When ordered;  appointment of Case Manager; qualifications:
(a)   The court may order case management, when appropriate, of any contested  issue of child custody or parenting time at any time. Upon the motion of a party or on the court’s own motion. a hearing officer in a  proceeding pursuant to K.S.A. 23-701, and amendments thereto, may order case  management, if appropriate, of a contested issue of child visitation or  parenting time in such a proceeding.
(b)    Cases in which case management is  appropriate shall include one or more of the following circumstances:
(1) Private or public neutral dispute resolution services have been  tried and failed to resolve the disputes;
(2) other neutral services have been determined  to be inappropriate for the family;
(3) repetitive conflict occurs within the  family, as evidenced by the filing of at least two motions in a six-month  period for enforcement, modification, or change of residency, visitation,  parenting time or custody which are denied by the court; or
(4) a parent exhibits diminished capacity to parent.
(5) A case managerHigh  conflict cases, where every little issue is a potential source of conflict, this  person<ins>a case manager</ins> also serves as a “neutral decision maker” to assist  parents with their day-to-day disputes.   A case manager can be used with <ins>in </ins>appropriate  situations to educate the parents in parallel parenting and<ins> to</ins>  help create a parenting plan which takes into account the child’s needs and  activities.
(6) Cthose ases of <ins>involving  </ins>domestic violence (DV) the CM is likely to deal with a court  order, the more detailed the better, rather than a mutually agreed upon  parenting plan.  The role is to ensure  compliance with the details of the order and to test each request for variance  from its terms to protect the custodial parent’s autonomy <ins> </ins>in making decisions based on the  children’s best interests and guard against manipulation by the abusing parent.  ADR techniques in such cases may have the effect of maintaining or increasing  the imbalance of power and the victim’s risk of harm. Accordingly, each  jurisdiction should have a process in place to screen out and/or develop  specialized CM protocols and procedures in this type of DV case
 
( c)  If the court or hearing officer orders case  management under section (a), the court or hearing officer shall appoint a case manager send  the case to the Dispute Resolution Coordinator to select an appropriate Manager  based on experience, skills, and training, and   in their rotation, taking into consideration the following:
(1)   An agreement by the parties to have a  specific case manager appointed by the court or hearing  officer;
(2)   The financial circumstances of the parties  and the cost assessed by the case manager;
(3)    The case manager’s knowledge of (A) the Kansas judicial  system and the procedure used in domestic relations cases. (B) other resources  in the community to which parties can be refereed for assistance. (C) child  development, (D) clinical issues relating to children. (E) the effects of  divorce on children and (F) the psychology of families; and
(4)    The case manager’s training and experience in the process and  techniques of alternative dispute resolution and case management.
(5)    A CM shall serve by parent stipulation and/or formal  order of the court, which shall clearly and specifically define the CM’s scope  of authority and responsibilities
a.       A court order is necessary to provide the CM authority to  work with the parents outside of the adversarial process, to obtain information,  and to help the parties make recommendations and decisions as specified in the  order
b.       In addition to the court order for the CM, a written  agreement between the parties and the CM may be used to detail specific issues  not contained in the court order, such as fee payments, billing practices<ins>,</ins>  and retainers
c.        The court order or consent order should specify a term of  service for the CM, including starting and ending dates, a six-month  appointment is the longest length of time they may serve.  Both parents will have to request that a CM  continue for additional terms of service following the expiration term or can  decline to renew the CM’s services. Similarly the CM can give notice prior to  the end of the term of service that the CM will not continue to serve as CM.
d.       A CM should not initiate providing services until the CM  has received the fully executed and filed court order appointing the CM, or <ins>that </ins>the  parents, their counsel (if any)<ins>,</ins> and the CM have signed a consent  agreement, if any

(d).To qualify as an appointed case manager, an individual  shall
(1)Be  qualified to conduct mediation;
(2) have  experience as a mediator;
(3) attend  a workshop, approved by the district court in which the case is filed, on case  management; and
(4)  participate in continuing education regarding management issues
(5)  The CM shall be required to complete the  Kansas domestic mediator approved process and have experience as a mediator.
(7) The  CM shall be encouraged to be a licensed mental health professional in an area  relating to families, or a certified family mediator under the rules or laws of  the jurisdiction with a minimum of a Bachelors   degree in a mental health field such as Psychology, Behavioral Science,  LSCSW, social worker, teacher (with child development, or parenting training)  or equivalent. Applicants with previous work in pro bono or other fields with a  high rate of success either by a showing of work history or referrals of the  courts would also be considered if they don’t meet the criteria of a Bachelors degree,  or mental health field. The CM should have extensive practical experience in  the profession with high conflict or litigating parents.
(8)The  CM shall have training in the case management process, family dynamics in  separation and divorce, case management techniques, domestic violence and child  maltreatment, and court specific  case management procedures.  Personnel  who meet the attached training requirements should conduct the training.  The case management training should be a  minimum of sixteen hours for professionals who have a background in working  with high conflict families and twenty-four hours for professions who do not  have these extensive backgrounds.
(9) A  CM shall regularly participate in educational activities promoting professional  growth. It is recommended that a CM participate in peer consultation or  mentoring to receive feedback and support on cases. CM orders and/or private  agreements should specify that such professional consultation is permitted
 
23-1003.  Case manager; duties; withdrawal; reassignment; termination;  recommendations:
(a) A case manager appointed under  K.S.A. 2001 Supp. 23-1002, and amendments thereto, shall:
(1)  Meet with the parties, and other individuals deemed appropriate;
(2) gather information necessary to assist the  parties in reaching an agreement or making recommendations, including medical,  psychological, education and court records, including child custody  investigations and child custody psychological evaluations, of the parties and  children;
(3) report to the court as  directed by court order. The CM should keep  notes and recordings regarding all communications with the parties, the  children, and other persons with whom the CM speaks to about the case
(4)  keep a record by date and topic of all contacts with the parties in the case.  When requested, this record shall be made available to the court in total or  summary form without the express consent of the parties and shall not be  considered a medical or psychological record for purposes of confidentiality;
(5)  notify the court when a party fails to meet the financial obligations of the  case management process; if the parties are unable  to pay for these services the case management process will expire immediately..
(6)   file  for collections of cost as necessary. The court shall assist in such filing or  collection efforts, or both. If this circumstance  should occur the case management assignment will automatically terminate along  with the process being terminated.
(7)   Be  authorized by the court to report threats, imminent danger, suspected child  abuse, fear of abduction and suspected or actual  harm to any party or child involved in case management either  directly to the court and to the authorities, or  both child protective services. Such  actions shall be followed by a written summary within five business days of the  initial filing of such report which shall be sent to the  judge or the judge’s designee and included in the court file, and the Dispute Resolution Coordinator and the parties and  placed in the file
(     Directly contact the  court with any other information the case manager determines that the court  should know
(9)    Prior to beginning  the case management process, a CM shall explain in writing to the parties and  counsel the basis of fees and costs and the method of payment and any fees  associated with postponement, cancellation<ins>,</ins> and/or  nonappearance, as well as any other items along with the parties’ pro rata  share of the fees and costs. In cases of domestic violence involving power,  control, and coercion, the CM shall hold individual sessions with the parties  to convey this information.
(10)            A CM shall inform  the parties of the limitations on confidentiality in the case management  process. Information shall not be shared outside of the case management  process. A CM shall maintain confidentiality regarding the sharing of  information outside of the scope of the case management process, which is  obtained during the case management process, except as provided by court order  or by written agreement of the parties.
(11)            The CM cannot directly  contact the court or the Judge’s due to the Judicial Canon’s
(12)            A CM shall not offer  legal advice
(13)            CM’s will not have  the authority or the power to recommend termination of visitation
(14)            A CM will not have  the power to overturn or change previous agreements, contracts, or decrees  already in place that the parties agreed to unless the parties agree
(15)            A CM shall neither  give nor accept a gift, favor, loan<ins>,</ins> or other  item of value from any party having an interest in the case management process.  <ins> </ins>During the case management  process, a CM shall not solicit or otherwise attempt to procure future  professional services or positions from which the CM may profit
(16)            A CM shall not  coerce or improperly influence any party to make a decision
(17)            A CM shall not  intentionally or knowingly misrepresent or omit any material fact, law, or circumstance in the case  management process
(18)            A CM shall maintain  the records necessary to support charges for services and expenses and should  make a detailed accounting of those charges to the parties, or their counsel on  a regular basis, if requested to do so
(19)            A CM shall not serve  in dual sequential roles
a.       A child’s attorney  or child advocate shall not become a CM in the same case
b.       A mediator or  custody evaluator shall be cautious about becoming a CM in the same case, even  with the consent of the parties, because of the differences in the role and  potential impact of the role change
c.        A CM shall not  become a custody evaluator either during or after the term of a CM’s  involvement with the family
d.       A CM shall not be  appointed after serving as a therapist, consultant, or coach, or serve in<ins>any </ins> another mental health role to any  family member
e.        A CM shall not  become a therapist, consultant, or coach, or serve in any  other mental health role to any family member, either during or after the term  of the CM’s involvement
f.         A CM shall not  become one client’s lawyer, either during or after the term of the CM’s  involvement, nor shall one client’s lawyer become the CM in that client’s case
(20)            A CM should attempt  to facilitate resolution of issues by agreement of the parties; however, the CM  is not acting in a formal mediation role. An effort towards resolving an issue  (which may include therapeutic, mediation, educational, and negotiation skills)  does not disqualify a CM from deciding an issue that remains unresolved after  efforts of facilitation
(21)            A CM shall not serve  in a matter that presents a clear conflict of interest
a.       A conflict of  interest arises when any relationship between the CM and the participants or  the subject matter of the dispute compromises or appears to compromise a CM’s  impartiality.
b.       A CM shall disclose  potential conflicts of interest as soon as practical after a CM becomes aware  of the interest or relationship giving rise to the potential conflict.
c.        After appropriate  disclosure, the CM may serve with the written agreement of all parties.  However, if a conflict of interest clearly impairs a CM’s impartiality, the CM  will withdraw regardless of the express agreement of the parties.
d.       During the case  management process, a CM shall not create a conflict of interest by providing  any services to interested parties that are not directly related to the case  management process
e.        A CM may make referrals to  other professionals to work with the family, but shall avoid actual or apparent  conflicts of interest by referrals. No commissions, rebates, or similar  remuneration shall be given or received by a CM for case management or other  professional referrals.
 
 
(b)  A case manager appointed under K.S.A. 2001 Supp. 23-1002, and amendments thereto,  may withdraw at any time following the initial order. Sufficient reasons for  withdrawal may include, but not be limited to, the following:
(1)  Loss of neutrality, which prevents objectivity; or  the ability to be impartial
(2)  nonpayment by a party;
(3)  lack of cooperation by a party;
(4)  threat to a party;
(5)  retirement or case load reduction by a case manager; or
(6)  any other reason which shall be stated to the  Dispute Resolution Coordinator and the parties court  in writing and considered adequate and sufficient reasons by the court
(7)  The inability for the Case Manager to facilitate  agreements between the parties
(7)    By agreement  of the parties
(     A CM shall decline an appointment, withdraw, or request  appropriate assistance when the facts and circumstances of the case are beyond  the CM’s skill or expertise.
 
(c)  A disputant party may request reassignment of a case manager by filing a motion  with the court. The court shall consider such requests upon review,. Repeated requests may raise  a presumption of lack of parental cooperation and the court may consider  sanctions against the uncooperative parent or parents.  the cost  incurred, the ability to get  the parties  to make agreements and any showing of bias, need to be the primary concern and  a showing of these request to substantiate the withdrawal.
           
(d) (1) If parties have been ordered by the  court to attempt to settle the party's disputes with the assistance of a case  manager, and are unable to settle such disputes, the parties are to follow the  recommendation or recommendations of the case manager unless  objected to or after an evidentiary hearing is heard as ordered by the court.
(2)  When a case manager is forced to make recommendations for the parties, such  recommendations shall be noted in writing as soon as possible and may be  accompanied by supporting information. Such recommendation shall be reported to  the court with copies to the attorneys or parties  of record for each party within 10 working days.
(3) Agreements of the parties and recommendations of  the case manager which may concern temporary arrangements need not be entered  into the court record by the attorneys of record. These  recommendations can also be objected to within 10 days of receipt of the  recommendation. These  recommendations will not go into effect if a  disputant party objects to them. Only after an evidentiary hearing, or trial  can these recommendations be implemented or ruled on by the courts.
(4)  Case managers shall be furnished a form for orders to recommend such agreements  to the court Dispute  Resolution Coordinator for the court's final order.
(5) Permanent issues such as designation of custody, primary residence or child support which are recommended by the case  manager shall be entered into the court record within 10 working days of  receipt of the recommendation. Should there be differing opinions as to the  language of the journal entry, the case manager shall review the proposed  journal entry and may recommend appropriate language to the court Dispute Resolution  Coordinator. These Permanent recommendations will not go into effect if a  disputant party objects to them. Only after an evidentiary hearing, or trial  can these recommendations be implemented or ruled on by the courts.
(6)  If a disputant party disagrees with a recommendation such party may file a  motion before the District Court for a  review at which time an order shall be made by the  court. The case manager shall explain to the court either by report or  testimony the reasons for such recommendation or recommendations.
(7) Costs of the procedure  and professional time may be assessed to the party who objected to the  recommendations in the journal entry or may be otherwise assessed by the court. 

(e) The end of the  term or termination of process:
(1)    All records, recordings,  and documents received in this process will be returned to the parties or the  attorneys of the parties.
(2)    The case manager  will produce a signed “Non Disclosure” release to the parties.
(3)    If a case manager is  found to have lied or misrepresented the truth or facts in a case, their  mediation  license will be suspended for  a term not less than one  year, and any  reinstatement of that license will be subject to review for the Dispute  Resolution Director in Topeka. A second finding of such actions will result in  permanent removal of this process and all case management certifications  and  licenses will be revoked.
      It is the recommendation of the Supreme  Court’s Advisory Council on Dispute Resolution that case management training  consist of the following modules.  The  training should be provided by personnel who  meet training guidelines established by the Advisory Council.  The case management training should be a  minimum of two days for professionals who have a background in working with  high conflict families and three days for professionals who do not have  extensive backgrounds. <ins> </ins>Continuing case management training will be a  total of thirty-six hours in a three-year period. 

Module 1: Case Management Process
 
A. <ins> </ins>The  various functions of the CM.
 
B. <ins> </ins>Limitations  of the case management process, including the difference between case  management and parent education, therapy, custody evaluation<ins>,</ins> and dispute  resolution processes.
 
C. <ins> </ins>Professional  guidelines of practice for CMs
1.       The interplay between other professional guidelines and  professional practice guidelines and local or state guidelines for court  appointed CMs.
2.       The potential for conflict of interest of the CM and  the people to whom case management services are offered.
 
D.  Issues  appropriate and not appropriate for case management.
 
E.   Characteristics  of individuals who are appropriate and not appropriate to participate in the  case management process.
1.       Appropriate courses of action when confronted with  substance abuse during the case management process.
2.       Screening for domestic violence and appropriate courses  of action when confronted with domestic violence during the case management  process.
3.       The effect of domestic violence on parents involved in  the case management process.
4.       Situations in which the CM should suggest that the  parties contact the supervising judicial officer, independent legal counsel,  postpone or cancel the case management session, suspend the case management  process, or refer the parties to other resources.
 
F.   When to  refer parties to services for child protection or elder abuse, and the issue of  confidentiality as it applies to each.
 
G.  Special  needs of the self-representing party.



Module 2: Family Dynamics in Separation and  Divorce
 
A. <ins> </ins>Psychological  Issues in Separation and Divorce and Family Dynamics
1.   The impact  divorce has on individuals and on family dynamics and the implications for the  case management process.
2.   Useful  psychological research and theories applicable to the intervention for high  conflict families.
3.   How  emotions impact on divorce issues and on a party’s ability to participate  effectively in the case management process.
4.   Sources of  divorce or separation impasses, including parental behaviors associated with personality  disorders, and the related implications.
5.   How to  promote awareness by the parties of the interests of persons affected by actual  or potential agreements, who are not represented during the case management  process.
a.   The impact  of grandparents, stepparents, and significant others on family systems and the  case management process.
b.   Situations  in which participation of non-parties (e.g., grandparents, children, new  spouses) may be necessary in the case management process.
 
B.  Issues  concerning the needs of children in the context of divorce
1.       The needs and adjustment of children and the effect of  divorce on their relationships with their mother, father, stepfamilies,  siblings, and others in the family relationship.
2.       Child(ren)’s developmental stages and how they relate  to divorce and parenting arrangements.
3.       The impact the case management process can have on the  children’s well-being and behavior.
4.       When and how to involve children in the case management  process.
5.       Indicators of child abuse and/or neglect and the  process and duty to report allegations of child abuse and/or neglect.
 
C.  Dealing with  high conflict parents.
1.       The impact of parental conflict and appropriate  parenting on children’s well-being.
2.       The dynamics of child alignments, estrangements.
3.       Various parenting arrangements that consider the needs  of the child(ren) and each parent’s capacity to parent, including modifications  for high conflict situations.
 
D.  Dealing with  domestic violence issues.
1.       The different research-based types of domestic  violence, including conflict-instigated violence, violence involving power,  control, and coercion (often referred to as male battering), female violence,  and separation engendered violence.
2.       The unique problems and inherent dangers presented by  domestic violence of all types in terms of parental contacts, and the need for  safe CM procedures and child exchanges.
3.       The importance of monitoring compliance with the  parenting plan and reporting to a judicial officer any infractions of the court  order, including the parenting plan.
4.       The psychological impact of domestic violence on child  and adolescent development.
 
E.   The  different co-parenting relationships of cooperative, parallel, and conflicted  parenting.

Module 3: Case management Techniques and Issues
 
A.  Structuring  the case management process.
1.       The initial session and preparing the parties for the  process.
2.       Scheduling the time and location and establishing the  format of each conference and focusing discussion.
3.       Structuring and managing the discussion, maintaining  control of the sessions, and utilizing appropriate case management skills.
4.       Managing separate sessions, telephonic and e-mail  communication.
5.       Maintaining appropriate records and documentation as a  CM.
 
B.  The CM’s  informed consent, including limits on confidentiality.
 
C.  The CM’s  service contract and fee allocation.
 
D.  The role of  the parenting plan in the case management process, including how to develop,  monitor, and modify a parenting plan.
 
E.   The  characteristics that enhance or undermine the effectiveness of the CM  including, but not limited to, demonstrating empathy, building rapport,  establishing trust, setting a cooperative tone, sympathetic listening and  questioning, empowering the parties, remaining non-judgmental, language use,  and non-verbal communication skills.
 
F.   Awareness  of personal biases, prejudices, and styles that are the product of one’s  background and personal experiences that may affect the case management  process.
 
G.  Socio-economic,  cultural, racial, ethnic, language, age, gender, religious, sexual orientation,  and disability issues, which may arise and/or affect the parties’ negotiation  styles, ability, or willingness to engage in the case management process.
 
H.  Building on  partial agreements including when and how to switch between dispute resolution  processes.
 
I.    Arbitration  procedures, appropriate arbitration decisions, and writing and filing  arbitration decisions or awards.
 
J.    Appropriate  techniques for handling difficult situations.
 
K.  Appropriate  boundaries of a CM.
1.       Safety procedures for those participating in the case  management process.
2.       Office safety policies and working with clients having  current restraining and protective orders.
3.       Establishing appropriate limits for client demands.
 
L.   When and  how to use outside experts effectively.
1.   How to  assist the parties in deciding on appropriate community resources.
2.   Developing  a list of social service resources, including those for domestic violence  situations.
 
M.  The impact  of high conflict client behavior on the case management process and the CM and  avoiding professional burnout.
 
N.  Reasons for  a CM to decline an appointment, withdraw or request appropriate assistance  including, but not limited to, when the facts and circumstances of the case are  beyond the CM’s skill or experience.
 
O.  The  Americans with Disabilities Act (ADA) requirements and strategies for handling  situations when faced with disability issues or special needs.
 
Module 4: Court Specific Case management  Procedures
 
A.  Knowledge of  and adherence to jurisdiction-specific qualifications for a CM.
 
B.  Mentorship  and certification requirements, if applicable.
 
C.  Local or  state family law as it may pertain to the case management process.
1.       The state statute and/or rule governing family parenting  coordination.
2.       The difference between neutrality and impartiality as  it applies to case management and the ability to demonstrate each  appropriately.
3.       Legal concepts as they relate to the case management  process including, but not limited to, geographic relocation, equitable  distribution, child support, law of modification, parenting time adjustment,  law of relocation, law of due process law of ex parte communication and law of privilege.
4.       The statutory constraints of case management where  domestic violence exists and/or protective orders are in place.
D.  Forms  utilized in local courts pertaining to case management and local court  procedures.
 
E.   How to work  with legal, mental health, and other professional disciplines, and promote  cooperation among those dealing with the family.
 
F.   When and  how to utilize a qualified expert and/or a team approach to best serve the  parties in the case management process.
 
G.  The  grievance procedure contained in the local or state rules for CMs, if any.
 
H.  Possible  ethical dilemmas that may confront a CM and how to avoid them.
 
Domestic Violence Training: The need for  additional and/or separate training on domestic violence should be encouraged.
     IN THE _______ JUDICIAL DISTRICT___ IN THE MATTER OF THE MARRIAGE OF              )
___ IN THE MATTER OF THE PARENTAGE OF                        )
                                                                                                )
___________________________,                                         )
                                                            Petitioner                     )
___________________________,                                         )           Case # ____________
                                                            Respondent                 )
                                                                                                )
_______________________________________________  )
             NOW, on this _____ day of __________________ 20, ___, the  above-captioned matter comes for hearing for assignment of the case to Case  Management.
 
            WHEREUPON, the matter proceeds to hearing and the court,  having heard the evidence, arguments of counsel and being fully advised in the  premises, makes the following findings, orders, and decrees:
1.                   The time of this  appointment will start_______20__ and end ______20__
2.                   The specific items to be  addressed are as follows:------
3.         This case is assigned to case management and  ________________ is appointed to act as case manager pursuant to K.S.A.  23-1001, et seq.
4          The parties shall each pay in a timely manner, provided  that the Case Manager may assess fees unequally due to unequal workload  requested by one of the parties.
5.         The parties, their counsel, and the case manager shall  comply with the terms of the Case Management Statutes.
6.         The parties shall comply with the temporary  recommendations of the case manager, when issued, until changed by a subsequent  recommendation or order of the court.
7.         The case manager is prohibited from addressing spousal  maintenance or division of property issues, unless agreed to by the parties.
8.         The Court shall review the necessity of the referral to case  management on an annual basis.  If the  case manager has had no contact with the parties for the preceding six (6) months and/or no motions have been filed  in the case for the same period of time to enforce, modify, or change parenting  time or residency, the case manager referral shall terminate.  A notice of termination shall be sent to  parties and counsel of record and filed in the court file.
9.         The case manager is authorized to issue temporary  recommendations to be effective immediately pending further order of the  court.  The case manager will designate  within the permanent recommendation which recommendations are to become  effective immediately.  All temporary  recommendations shall be in writing and a copy of each recommendation shall be  sent to the parties and the Dispute Resolution Coordinator.
10.       All permanent recommendations of the case manager shall be  delivered to the parties and counsel.   The recommendation, with the exception of the temporary recommendations,  shall not be effective until the objection period has expired, unless one of  the parties files a motion for immediate implementation.  If a report or recommendation is submitted,  the parties, or their attorneys, shall have 10 working days to object to the  same. The Court may not consider the  matter based on the information presented until a hearing  on the report or recommendation has been  heard and shall not become an order of the  court until evidence is presented.
11.       Recommendations concerning the following issues shall be  deemed permanent:
a)         designation of primary custody;
b)         designation of primary residence;
c)         child support;
d)         any school change;
e)         changing the residence of the child;
f)         removing the child from this state for a period of time  exceeding 90 days;
All other recommendations shall  be deemed as temporary.
12        In the event the case manager seeks to assess charges to a  party which deviates from the current order, the case manager shall submit a  recommendation to the court.
13        In the event of nonpayment of fees, lack of cooperation, or  noncompliance in the case management process or with the case manager’s  recommendations, the case manager, may suspend case management services to both parties without a court order, but only after  notifying the parties in writing.
14    The  case manager shall advise the court of any suspension of case management  services due to noncompliance by one or both of the parties. 
15  If case  management services have been suspended as to one party, the case manager may not continue to communicate with the other party,  and may not issue temporary or permanent  recommendations going forward.
16.       A case manager appointed under K.S.A.  23-1002, may withdraw at any time following the initial order.  Sufficient reasons for withdrawal may include,  but not be limited to, the following:
(1)        Loss of neutrality which prevents  objectivity;
(2)        nonpayment by a party;
(3)        lack of cooperation by a party;
(4)        threat to a party;
(5)        retirement or caseload reduction by a  case manager; or
(6)        any other reason which shall be stated  to the court in writing and considered adequate and sufficient reasons by the  court.
(7) Has shown an inability to get the  parties to agree on recommendations. It is the intent that the parties work  together and the Case Manager is the mechanism in place to facilitate  this. 
 A disputant party may request reassignment        of a case manager by filing a motion with the court.  The court shall consider such requests        upon review. 

• If parties have been ordered by the court to        attempt to settle the party’s disputes with the assistance of a case        manager and are unable to settle such disputes, the parties are to follow        the recommendation or recommendations of the case manager unless objected to.

                Case management fees are considered court costs and,  therefore, can be collected by, including but not limited to, garnishments,  attachments, or liens.
 
            IT IS SO ORDERED.
 
 
                                                                                                                                                           
                                                                                    JUDGE  OF THE DISTRICT COURT
     ___ IN THE MATTER OF THE MARRIAGE OF              )
___ IN THE MATTER OF THE PARENTAGE OF                        )
                                                                                                )
___________________________,                                         )
                                                            Petitioner                     )
___________________________,                                         )           Case # ____________
                                                            Respondent                 )
                                                                                                )
_______________________________________________  )
             NOW, on this ____ day of ______________, 20 ___, this  matter comes before the court to place this matter in Limited Case Management  (LCM), K.S.A. 23-1001, et seq.
            WHEREUPON, the court makes the following findings:
1.         There is a reasonable likelihood that LCM will aid these  parties in resolving their issues.
2.         The parties shall enter into LCM with  ____________________________, who will serve as the neutral third party.  The parties will meet with the case manager  with the goal of reaching a mediated solution to the following issues:
(  )        Legal  Custody;
(  )        Residency  of the minor child(ren);
(  )        Parenting  time;
(  )        Parenting  issues, specifically: _____________________________;
(  )        Communications  issues, specifically ________________________;
(  )        Holiday  access and exchanges;
(  )        Exchange  time, location, and logistics;
(  )        Access  to the minor child by third parties;
(  )        Transportation  issues, specifically __________________________;
(  )        Grandparent  visitation;
(  )        Day  care issues;
(  )        Property  and debt allocation (may only be ordered on agreement of the parties);
(  )        Financial  issues such as calculation and enforcement of child support and uninsured  medical payments (may only be ordered on agreement of the parties);
(  )        Allocation  of the cost of LCM between the parties;
(  )        Other  issues, specifically: ______________________________________
These  services will be provided from ______20__ to ________20___
3.         The parties are advised that the LCM process is a  non-binding alternative dispute resolution conducted with the assistance of the  LCM.   The parties are advised that there is no confidentiality or privilege  arising from the process.  The court  hereby authorizes the LCM to gather existing  information from third parties, including the minor child(ren).  The parties are advised that should they be  unable to agree on some or all of the issues, the case manager may report to  the court the information and communications the LCM  has gathered and submit a report or recommendation to assist the court  in resolving the issues that have been submitted to the LCM.
4.         The parties are advised that they have a right to consult  with an attorney prior to or during the LCM process and prior to signing an  agreement reached with the help of the LCM.  The parties are advised that the case manager  is a neutral party and, even if the LCM is a  licensed attorney, he or she is not representing either party or offering legal  advice to any party concerning their rights in this case.  If the parties are represented by an  attorney, any agreement reached will be sent to the attorney for review prior  to final execution of the agreement by the parties.
5.         The cost of this process be borne equally by the parties or  as otherwise ordered by the court.
6.         The LCM is not authorized to issue temporary recommendationspending further order of the court.  Any temporary recommendation may be included  within a non-temporary recommendation.
7          In the event the LCM  seeks to assess charges to a party which deviates from the current order, the LCM shall submit a recommendation to the  court.  In addition,
a)         In the event of nonpayment of fees, lack of cooperation, or  noncompliance in the LCM process or with the  LCM’s recommendations, the case manager,  subject to the court’s review, may suspend LCM  services to the noncompliant party(ies) without a court order, but only after  notifying the non-complying party.
b)         The LCM may advise the  court of any suspension of case management services due to noncompliance by one  or both of the parties.
c)         Limited Case management  fees are considered court costs and, therefore, can be collected by, including  but not limited to, garnishments, attachments, or liens.
 
            IT IS THEREFORE, BY THE COURT ORDERED, ADJUDGED AND DECREED  that this matter be placed in LCM and that the individual named in paragraph 2  is hereby appointed as the LCM to assist the  parties in resolving the disputes designated above.
            IT IS FURTHER ORDERED that should the parties be unable  to reach an agreement on some or all of the issues presented, the LCM shall submit to the court, in writing, the  findings and recommendations of theLCMfor resolving  the dispute(s).
            IT IS FURTHER ORDERED that the parties are ordered to  execute such releases as necessary to permit the LCM  to obtain the necessary information.
            IT IS FURTHER ORDERED that LCM will terminate on the  filing of the signed agreement or the recommendations of the LCM, at which time the duties of the LCM will also terminate except for the duty to testify  pursuant to a properly issued subpoena concerning the recommendations or the  LCM process for which the LCM will be  entitled to receive his or her normal hourly fee in advance.
            IT IS FURTHER ORDERED that initially, the costs of the  LCM process will be borne equally by the parties, subject to review by the  court at the conclusion of the LCM process.
 
            IT IS SO ORDERED.
 
                    &

This is progress. But, the job description and responsibilities of the Case Manager to the parties is still too subjective. When the parents do not agree on principal or for the sake of setting up a win/loose situation where the Case Manager is forced to make a decision the Case Managers must then show there own biases and act upon them. What are these biases/value judgments are determined based upon? Are they consistent for all Case Managers? How would a parent know of the values held by a Case Manager before engaging in a process which then results in effects on the children's lives?

I have observed that many of the decisions made by a Case Manager with hopes of pleasing the Court are in line with the values being taught by Court Services in the programs for Divorcing Parents. In the Case of High Conflict Divorce Cases it would be helpful to ALL parties if the parents being referred to a Case Manager were required to enroll in and complete the Higher Ground Course concurrent to their work in Case Management. Since the Higher Ground Course can only be attended with a Court Order, that Order should be a part of an Order to participate in case Management.

There may be a correlation between Domestic Abuse and High Conflict Cases. What protections, other than a physical restraining order does a victim of abuse have within the Case Management process? I have seen none. Even Court Ordered communication restrictions are set aside and encouraged to be eliminated to facilitate the process of conflict resolution. I have seen this have the opposite effect as an abuser is then allowed to bully by dominating, pushing and arguing without consequence. In fact the process itself forces the victim of abuse back into the abusive relationship cycle eliminating their ability to participate in the process and forcing them to re experience the feelings of trauma repeatedly during the process. This trauma then effects their ability to parent as it takes time with psychological counseling to work through and past each incident.

The Case Manager's primary role needs to be to provide clear boundaries for appropriate communication and conflict resolution, intervene when communication is not helpful, counsel and instruct the parents on how to appropriately communicate with respect, enforce those boundaries with penalties if required and help the children by intervening to change the communication and problem solving model between the parents such that the children benefit and the parents can learn to communicate respectfully and constructively with each other. This will change the dynamic of the relationship with regard to the children and can only be done when the balance of power of the relationship is made equal by the power of the Court. Otherwise the power and control struggle will continue to be played out in the Case Managers office.

Where there is financial abuse, a victim has no recourse as they will not be able to pay a Case Manager the expensive fees. Does the Case Manager have the obligation to charge the parties based upon the Child Support Worksheet percentages of support? Currently, both parents are charged at 50% of the cost. So, what happens if one parent chooses to start an argument for the purpose of setting up a win/loose situation which is often the case with abusive relationships? The Case Manager allows the dispute to go on in order for the parties to resolve it without obligation to change the cycle of abuse. The victim is forced to re enter the abusive relationship, it's dynamics and is required pay $ for the abuse or loose the ability to be a parent. How is this in the best interest of the children?

In one case the Case Manager repeatedly set aside her own rules as written in the contract signed by the parties for her services. The Case Manager chose not to enforce a Court Ordered boundary limiting the quantity of emails one party was allowed to send the other party. The Case Manager chose to remove the financial consequences of sending thousands of emails and copying her on the message and requesting her to make decisions in favor of the party initiating the conflicts by email. She decided not to charge the parties the $25 per email fee as outlined in their contract because the costs would be prohibitive at even 1,000 x $25 each month and would not appear as reasonable fees. If the abusive party had to pay for every email initiated and sent according to the contracted fees it is likely that person would have changed their behavior and stopped the email abuse. But, since there were no consequences and the Case Manager would not enforce the Court Order and her fees the email abuse went on for years. How did this help any of the parties or the children?

GURU,

I may have misunderstood your reply to my post about Case Management Statutes. If your statement that "local court "custody guidelines" should be banned by the state" is in reference to the published and committee reviewed County Family Law Guidelines, I do not agree with your position and believe it is worth opening up an additional subject title post for discussion. If you were not referring to the County Family Law Guidelines than I am unclear as to what "custody guidelines" you are referring to.