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September 6, 2018
Leslie Heimov, Children’s Law Center of California
Mimi Laver, American Bar Association,
Center on Children and the Law
Ginelle Stephenson, Center for Family Representation
Overview:
IntroductionsFamily Justice Initiative Injustice in the Child Welfare
System Interdisciplinary Parent & Child
Representation
Every parent and every child has high quality multidisciplinary legal representation when child welfare courts make life-changing decisions about their families
Eliminate destruction of the family in the name of protecting children
Families and communities are strengthened to keep children safe with their families rather than from their families
Why is high quality representation important?
You told us:◦ The damage that wrong decisions can make cost
society much more than the investment needed to ensure sound decisions.
◦ High quality representation for parents and children is a way to make sure families are given the best opportunity to make it out of the child welfare system safe, healthy and most importantly, together.
◦ Stronger advocacy means stronger outcomes for families.
Because each of us has a fundamental right to parent and be parented by our family who loves us.
Because the most important fundamental liberty rights are at stake. (e.g. right to family, right to be safe)
Child welfare cases have such long reaching consequences for families and the system does not work if everyone’s interests are not protected.
Access to quality representation improves process and outcomes. Parents will be more successful in accessing services and children will be reunified faster.
Without high quality representation parents and children are victimized by the system that is supposed to help them.
National Social Justice Movement Collaboration of ABA, CLC, CFR Seeded by Casey Family Programs Denver Convening July 2016 Three current goals:◦ Communications – build understanding & public support◦ Research – evaluate models of representation◦ Quality Representation – replicate successful models
Demonstration Cites ◦ Alameda, CA; Santa Clara County, CA; Solano & Marin
Counties, NM, Oregon
Client-Directed Counsel
“Best Interests” Counsel
Hybrid Models
Categorical Right
to Counsel (but
only 31 % client-
directed)
62%
Discrectionary
Appointment of
Counsel
12%
Right or
Appointment is
Qualified
26%
Right to Counsel for Children in Dependency Proceedings by State
Categorical Right
to Counsel
76%
Discrectionary
Appointment of
Counsel
14%
Right or
Appointment is
Qualified
10%
Right to Counsel for Parents in Dependency Proceedings by State
When parents and children involved in the child welfare system have effective attorneys, outcomes for children improve:
More likely to stay safely at home
Spend less time foster care
More likely to access tailored, supportive services
More likely to be quickly placed with a permanent family
What does high quality representation look like?
◦ Be a Lawyer – advance the legal rights and interests of the client – be a zealous advocate.
◦ In court: Diligent pursuit of client’s case goals
Develop case theory and legal strategy
Engage in proactive case planning
Litigate, use experts, active motion practice
Explain rights to client, including right to be present at court and advocate for same
Out of court advocacy◦ Engage with and know your clients
◦ Understand trauma and clients trauma history
◦ Regularly communicate and meet with clients
◦ Counsel client about all legal matters, case plan, rights
◦ Maintain a sense of urgency regarding placement, family time, siblings, services
◦ Independent investigation
◦ Conduct legal research
Acquire cultural humility, understanding of racial, ethnic, cultural, social and economic differences
Understand, recognize and mitigate negative impact of personal and system bias stemming from race, gender identity, sexual orientation, ethnicity, culture, country of origin, disability, or socioeconomic status.
Identify and address ancillary legal issues Cooperate and communicate with client’s
other service providers
Adequate compensation/reasonable caseloads Interdisciplinary model – attorneys work in an
integrated manner with interpreters, experts, social workers, investigators, parent allies/peer mentors
Supervision and training are provided re: bias and cultural humility
Support and oversight is provided re: roles, expectations, legal standards, current law
Performance evaluation is provided/includes client feedback
A diverse attorney and staff workforce mirrors the clients and communities served
Continues quality improvement includes qualitative and quantitative measures and outcomes
A Case Example:Lisa is the mother of Ben, a fifteen year old boy. Ben is autistic and Lisa is frequently overwhelmed with his behavior. Ben frequently leaves the home and becomes very upset when Lisa tries to keep him inside, but it is not safe for him to be on the streets alone. Lisa resorted to physically restraining him. DHS was called to investigate, and they removed Ben from his home.
You are Lisa’s attorney. How would having a social worker on your family defense team help?
You are Ben’s attorney. How would having a social worker on your child advocacy team help?
Injustice in the Child Welfare System
Over 400,000 children in foster care nationally 740 children a day removed from their families with the goal of keeping
them safe Sadly, rather than finding safety and permanence many suffer
significant trauma when they are removed from their parents. They may be separated from siblings, school and community. Often not provided needed services at the earliest opportunity and consequently develop complex behavioral challenges.
Typical journey through the system◦ Hotline call◦ Investigation◦ Removal◦ Court◦ Placement – family, foster care, congregate care◦ Services◦ FR◦ Return home or not…◦ Guardianship/Adoption
370000
380000
390000
400000
410000
420000
430000
440000
450000
2009 2010 2011 2012 2013 2014 2015 2016
Children In Foster Care in U.S. on September 30
17% 83%
Reason for Removal
Abuse
Neglect and Other
Reason For Removal, 2015
Neglect, 61%
Drug Abuse Parent, 32%
Caretaker Inability to Cope, 14%
Physical Abuse, 13%
Child Behavior Problem, 11%
Inadequate Housing, 10%
Parent Incarceration, 8%
Alcohol Abuse Parent, 6%
Abandonment, 5%
Sexual Abuse 4%
All Other, 4%
Children Who Spend Time in Foster Care are More Likely Than Other At-Risk Youth To Experience:
➢Juvenile Justice System Involvement
➢Early Parenting
➢Poor Educational Outcomes
➢Lower Employment Earnings
➢Adult Arrest and Conviction
➢Adult Homelessness
➢Ongoing Mental Health Issues
➢Reliance on Public Systems
Removal From Home is Traumatic➢ 21% of those who have experienced foster care
suffer from PTSD, a rate that exceeds that of returning military veterans.
➢ Children in foster care are at risk for continued abuse.
➢ Each new placement is traumatic.➢ Placement in foster care negatively impacts a
child’s ability to form healthy attachments.➢ Separation and alienation from community,
school, neighborhood, culture and family….
Focus on Older Youth: Older youth comprise 29% of youth in the foster
care system These youth are at significantly higher risk of
criminal justice involvement, unemployment, homelessness and early parenting
In 2015, over 20,000 children “aged out” of foster care without ever finding family stability
Among children who age out of foster care, nearly one quarter become homeless
“Research has demonstrated that minority children and families experience disparate decision-making in the [child welfare] investigation, substantiation, removal, placement in foster care, and final permanency determinations.”
Nat’l Council of Juvenile & Family Court Judges, Enhanced Resource Guidelines: Improving Court Practice in Child Abuse and Neglect Cases 66 (2016)
General Child Population
American Indian/Alaskan Native 1%Asian 5%Black or African American 14%Hispanic 25%Native Hawaiian/Other Pacific Islander .5%White 52%Two or More Races 4#
2%1%
23%
0%
21%
44%
2%
7%
Foster Care by Race/Ethnicity
American Indian/AlaskanNative
Asian
Black or African American
Native Hawaiian/OtherPacific Islander
Hispanic
White
Unknown/Unable toDetermine
Two or More Races
Over 1=OverrepresentationUnder 1=Underrepresentation
0.00 0.50 1.00 1.50 2.00 2.50 3.00
American Indian/Alaska
Native Asian/Pacific Islander
Hispanic/Latino
White
African American
Racial Disproportionality Index, 2015
4,800
668
2,674
359
Foster Care & Adoption Prevention & Family Support
Federal Child Welfare Spending, 2016$8.689 Billion
Continued Case Example:
Ben is placed in a residential facility for children with special needs, where he will attend an on-ground school. The court ordered a goal of family reunification. Upon removal, Ben decompensates significantly, refusing to speak, bathe, or eat at the new placement. Visiting with his mother helps, but the placement is a 2 hour ride from Lisa’s home, requiring both bus and train transportation. Lisa lives in poverty and cannot afford the cost of transportation. The agency offers a transit pass, but it only covers the cost of the bus, not the train.
You are Lisa’s attorney. How would having a social worker on your family defense team help?
You are Ben’s attorney. How would having a social worker on your child advocacy team help?
What other expertise would you want on your team?
A interdisciplinary model of representation could include an attorney, a social worker, a parent partner, an investigator etc…
The interdisciplinary model is unique because each professional brings their area of expertise to the legal team
They all work together to achieve the goals of the legal case
Research demonstrates that child welfare cases have more successful outcomes when there is an interdisciplinary team
It reduces the time children spent in foster care, increases reunification, decreases the overall length of the case, and decreases recidivism
In New York the model averages $9 million/year in savings
In Washington state the model saves an average of $7.5 million/year
Lawyers
Social Workers
Parent Partners/Advocates
Peer/Survivor Advocates
Investigators
Paralegals
Education Experts
Mental Health Experts
Health Professionals
Other Legal Service Providers (housing, utilities, etc.)
Delinquency/juvenile justice
◦ Crossover, dual status, dually involved
Immigration (DACA,VAWA, SJIS)
Family Law
Probate
Criminal
Housing (Landlord/Tenant)
Civil Rights
Benefits (Administrative proceedings)
In July 1 2017 Colorado launched the Social Work Pilot Program
Contract social workers are assigned to work as part of the legal team
The program is being tested in 3 separate counties in Colorado including rural and urban
There will be a program evaluation at the conclusion of the 2nd year
Children in non-SW Cases Children in SW Cases
33%45 of 136 children
returned home
9% 21 of 242 children
returned home
Continued Case Example:
The family defense team was able to advocate improved transportation support, so Lisa is visiting regularly. She also completed a specialized parenting class, attended medical appointments with Ben, and actively participated in his treatment while in placement. Ben is ready to come home soon.
The family defense team goes to visit Lisa at home and realized she is facing economic barriers to reunification. The SSI she was receiving for Ben was cut off when he was removed. Her rent should have also gone down because she has income-based rental assistance. Unfortunately it did not, and she is struggling to pay. Also, there is no clear plan to reinstate Lisa as the payee for Ben’s SSI if he returns home. She also needs help securing her home with door alarms and keyless locks to ensure Ben is safe when he returns.
You are Lisa’s attorney. Who do you need on your team?
You are Ben’s attorney. Who do you need on your team?
Website—coming soon! ◦ www.familyjusticeinitative.org
Workgroups◦ Communications
◦ Data and Research
◦ Quality Representation
Demonstration Sites◦ California
◦ New Mexico
◦ Oregon
Leslie Starr Heimov [email protected]
Mimi Laver [email protected]
Ginelle Stephenson [email protected]
