Description of the basic attributes of high-quality legal representation of parents and children in child protection proceedings. States have considerable leeway in implementing the recent amendment to the Title IV-E Directive, depending on the current state of parent representation in their jurisdiction.7 For example, the funds could be used to: NEW YORK – Children spend far less time in foster care – without compromising their safety – when their parents have high-quality legal representation; according to a major new study with profound implications for children`s best practices. The Family Defense Clinic at New York University School of Law pioneered the development of the interdisciplinary and holistic representation model that characterizes the work of family defense law firms in New York City. With this study, it is now possible to replicate the New York method of representing parents in the rest of the country. A number of other jurisdictions have followed Washington and New York`s lead in recent years. Colorado established a Respondent Parent Council Office in 2016 to work with the state`s judicial districts to create consistent, high-quality legal advocacy. Improved reunification outcomes in Sandoval County, New Mexico, which uses multidisciplinary parent advocacy, prompted the state to consider expanding the model. In addition, California, New Mexico, Michigan, Louisiana, Oregon, Texas, Delaware, and Mississippi are looking to leverage a multidisciplinary model and/or reduce the number of attorney cases to improve legal representation for parents and children. In May 2016, the Legal Representation Task Force received approval for its new video, “A Parent`s Guide to Understanding the Pennsylvania Dependency System.” Recognizing that the addiction system can be very complicated and confusing for parents, the working group worked diligently in 2015-2016 to create the video to help parents better understand the court process, the responsibility for their child`s tenure, and best cooperation with their lawyer and the Child Protection Agency. With the participation of parents, children and older adolescents, the video contains “real” situations shared by families who have experienced the addiction system. Click on the image on the right to watch the video.
The program is based on representation standards, with five regional lawyer managers supervising lawyers and providing additional technical expertise. Monitoring includes a client complaints system and regular review of court records to ensure lawyers file applications, avoid sequelae, engage experts and meet standards of practice. When I started this work, there was almost never a parent or lawyer for another parent, or indeed someone who spoke on behalf of the parents at meetings. Now, it would be unthinkable for parents not to participate. We have seen so many positive changes in the understanding and attitude of judges and the department. According to the Children`s Bureau, this amendment is intended to ensure that reasonable efforts are made to prevent removal, that parents and youth are included in case plans, and that efforts are made in a timely manner to finalize children`s permanency plans. Research conducted in several states highlights the importance of quality legal representation for parents and suggests that it has the potential to support: Other characteristics of effective representation include: Our practice model and expertise are critical to these outcomes. We bring together lawyers, social workers, paralegals and a peer advocate in teams to provide intensive comprehensive support to each parent we represent. Here are some keys to our work that keeps children with the family: While we firmly believe that some of the most important work we do takes place outside the courtroom, our legal expertise can also be crucial when legal intervention is required to ensure children are placed in kinship care. Although the law generally sets standards for the approval of kinship resources, outdated policies and biases still play a role in the placement of children with foreign foster families. Restoring parental rights is an option for some young people when parents have raised the issues that led to the forfeiture of their rights.
Quality parental representation is a matter of justice and equality and leads children to stay and have children. A key strategy for states to support kinship and family ties is to provide high-quality, interdisciplinary parenting advocacy, and there has never been a better time to invest in this intervention: the federal government has announced that it will offer reimbursement to states that invest in parent advocates and their interdisciplinary teams. We have been moved by the calls of recent months to create a system that puts the family at the centre, a system built on a foundation of justice and healing. Evidence and our experience show that an interdisciplinary model of parental representation meets these requirements by putting the voices and lived experiences of our clients at the centre and working to honour their family ties. The immediate objective of the study was to determine whether a new way of representing parents in child protection cases, where families are represented by an interdisciplinary team, makes a difference in the length of child care stays and the termination of parental rights. Brings together professionals from across the country to ensure that all children and parents have quality legal representation when the courts make decisions that change their families` lives. The initiative is a collaboration between the American Bar Association Center on Children and the Law, the Children`s Law Center of California and the Center for Family Representation. Providing adequate legal representation and support to parents in child protection proceedings leads to better outcomes for children and families. These standards, developed with input from parent advocates and child care professionals, recognize the challenges of day-to-day practice while fostering consistent, high-quality advocacy. In spring 2009, the State Round Table commissioned the Office of Children and Family Affairs to develop a set of recommendations for the preparation and training of ad litem guardians and parent advocates. To carry out this task, the Working Group on Legal Representation was convened.
The Working Group is a joint effort of individuals representing the judicial, legal and child protection systems at the national, state and regional levels. In its first year, the working group reviewed national models for training legal representatives in child dependency, interviewed the State of Pennsylvania on specific issues concerning guardians ad litem and parents` attorneys, and developed a plan and objectives for initial and basic training.