Jim Theofelis MC, LMHC, CDC Executive Director & Founder

Multi-systemic Advocacy to Increase & Improve Legal Representation for Children in

Foster Care: The Washington State Experience

NACC 34th National Child Welfare, Juvenile, & Family Law Conference

August 31st, 2011

Jim Theofelis MC, LMHC, CDCExecutive Director & Founder

Erin Shea McCannCasey TrupinStaff Attorneys

Today’s Session . . . The legal representation landscape in Washington

The Mockingbird Society: • The Network• Engaging Youth • Engaging Stakeholders

Changing the landscape• Legislative work• Litigation: past, present & future

Next steps

Framing the Issue . . . First Star Report

• 2007: F Grade; 2009: D Grade• Among the bottom 10 states

WA law• RCW 13.34.100• JuCR 9.2(c)• Justice by geography

Data / Office of Civil Legal Aid Study CASA

Our Goal . . .

All children in Washington State will have a client-directed attorney at all stages of their dependency and termination proceedings.

The child’s attorney will be guided by rigorous caseload and training standards.

The child’s attorney will be supported by a network of children’s lawyers, social workers, community partners, and youth advocates.

* Based on the ABA Model Act Governing the Representation of Children in Abuse, Neglect and Dependency Cases

The Mockingbird Society’s Mission:Building a World-Class Foster Care System

Mission Statement: Building a World-Class Foster Care System

MissionThe mission of The Mockingbird Society is to advocatefor systems reform based on the personal experiencesof children, youth and families impacted by the fostercare system.

VisionAt The Mockingbird Society we are dedicated tobuilding a world-class foster care system that ensuresthe care, support and resources necessary for children,youth and families to thrive.

How We Are Going About Building . . .

• Change the Rules: Policy & Budget Allocation

• Change the Practice

• Humanize the issue by putting a face to the issue

• Operational definition of “world-class system”

The Mockingbird Society ProgramsThe Mockingbird Network •A statewide network of local Chapters led by youth and alumni of foster and kinship care.

•Youth in care have a VOICE

Mockingbird Family Model Programs

•Practice advocacy•Practical, replicable STRUCTURE for foster care delivery

Public Policy & Communications •Change the policy, change the practice•Put a human face on the issues

The Mockingbird

Network

Network Chapters

Leadership Trainings Annual

Events

Mockingbird Times

Statewide Leadership

Council

Speakers Program

Network Components:

Network Regional Chapters

Everett

SpokaneSeattle

Yakima

TacomaOlympia1

2

2

3

1

3

Individual

Development

Community

Engagement

System Reform

Leadership Through Three Strategies

Youth-Inspired Priorities

Youth Priorities

Safe Housing

Notification of Rights

Medicaid to 21

StateIdentification

Cards

Safety forYouth in Care

2007-20082005-2006

Safe HousingFoster Care to 21:In college for FY

(HB 2002)

2009-2010

Notification of Rights

in Foster Care (SB5758)

Fostering Connections:

50 youth per year can stay in their Homes during

college (HB 1961)

Unannounced Visits from

Social Worker(HB 1697)

2011

Independent Youth

Housing (HB 1922)

Allowing Social Workers to verify identity of foster

youth for WA Identicard (SB 67932)

Extended Foster Care(FCA/Entitlement)

to pursue highschool diploma

or GED (HB 1128)

Youth-Inspired Solutions

Medicaid/Healthcare to 21 for FY(SHB 1201)

LegalRepresentation

Creating a Legal Rep.Pilot Program

(HB 3048)

On the Record Finding(HB 1183)

Notification of Right to Request Counsel &

Practice Standards(HB 2735)

Engaging the StakeholdersNetwork Host Agencies

• Casey Family Programs

• Community Youth Services

• Pierce County Alliance

• YouthNet

• Volunteers of America (Spokane)

Community Partners• Advocates for System Kids &

Youth (ASK-Y)

• Child Welfare Advocacy Coalition (CWAC)

• Committee to End Homelessness (King County)

• Commercially Sexually Exploited Children Regional Steering Committee

How We Go About Engaging:Youth-Led Trainings25,000 Subscriptions

Legislative Work . . . • 2008 / HB 3048: Two County Pilot project

oOCLA Study

• 2009 / HB 1183: Finding on the Record

• 2010 / HB 2735: Notification of Right to Request Counselo Caseload & Training Standards developed by Supreme

Court Commission on Children in Foster Care; adopted by Legislature

oNo cost option

Legislative Work: One Step Forward . . .

HB 2735: Notification of the Right to Request Counsel in Dependency Proceedings and Training and Caseload Standards

. . . Two Steps BackBarriers:

• Legislators

• Need for Public Education

• CASAs

• Politics (differing perspectives about quality, quantity, etc., for legal representation)

Community Standard:

• Most families would never let their child appear in court without an attorney

• Attorneys are adequately trained with reasonable caseloads

Lessons Learned . . . • Legislative intent section of HB 2735 critical for future

legislative advocacy and appellate worko Attorneys have different skills and obligations than GALs/CASAs,

especially in forming a confidential and privileged relationship with a child

o Well-trained attorneys can provide legal counsel to a child on issues such as placement options, visitation rights, educational rights, access to services while in care and services available to a child upon aging out of care

• Legislative down time

Off Session Visits: Putting a Face on the Issue

The True Cost of Advocacy

The Mockingbird Society » Building a world-class foster care system» mockingbirdsociety.org

HB 3048 made it through the Washington State

House Judiciary Committee in 2008.

In the eleventh hour of the 2008 session, the budget proviso for HB 3048 was

removed.

Litigation / Appellate Work . . . • Finding the cases

o Children’s Representation listserv

• In re the Termination of D.R. and A.R.o Court of Appeals: state’s concessiono Supreme Court: limited to TPR; able to refer to past work

(2735: notification ≠ appointment of counsel; OCLA study)oOral argument

• Amicus coordinationoDiverse national and local perspective: everyone but the

State agrees

Updates . . . • In re the Termination of M.S.R. and T.S.R.

o Mother represented by former amicus attorneyo Amici want another bite at the apple—strengthen briefs based on

State’s response to amicus in D.R./A.R. and Justices’ questions in oral argument

• In re the Dependency of K.A.S.

• What about Bellevue School District v. E.S.?

• Center for Children & Youth Justice QIC Pilot Site

Next Steps . . . • Legislative: Budget neutral option?

• Litigation: Affirmative litigation? Appeals?

• Community Education & Continued Outreach

• QIC

Coming Full Circle: One Step Forward, Two Steps Back . . .

The Mockingbird Society » Building a world-class foster care system» mockingbirdsociety.org

Resources . . .

The Mockingbird Societywww.mockingbirdsociety.org

National Quality Improvement Center on the Representation of Children in the Child Welfare System www.improvechildrep.org

ABA Section of Litigation Children’s Rights Litigation Committeeapps.americanbar.org/litigation/committees/childrights

Contact Information . . .

Jim Theofelis, The Mockingbird Societyjim@mockingbirdsociety.org; (206) 323-5437

Casey Trupin, Columbia Legal Services casey.trupin@columbialegal.org; (206) 287-9665

Erin Shea McCann, Columbia Legal Serviceserin.sheamccann@columbialegal.org; (206) 287-8613