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Inside This IssueJonathan Zimring.......................................... 2
Case Law Update........................................... 3
statUs of the division....................................5 LegisLative Update.........................................8
exeCUtive Committee nomination form..............9
JUdge wiLLie Lovett award nomination form ..10 sChoLarship appLiCation.................................11
Welcome to the Spring, 2019 issue of Kids Matter. Thanks to Tonya Boga, the Kids Matter Editor since the newsletter was first published in January, 2013, for bringing us this edition which highlights the section’s activities during the last quarter.
BIG NEWS:
Georgia Appleseed has selected the section to receive a prestigious Good Apple Award for 2019 for its work to make Georgia more just for its youth! The award will be presented at the Georgia Appleseed Good Apple event April 24. IMPORTANT REMINDERS:
All of you should have received two important notices in the past month:
- Invitation to nominate yourself or others to the Executive Committee and
- Nomination for both a judge and a lawyer for the Willie Lovett Awards
Please respond ASAP. If you need more information, please email [email protected] or call one of the officers.
MEMBERSHIP:
Since reaching the 500-mark a couple of years ago, section membership has remained fairly stable. We currently have 524 members. ACTIVITIES OF THE QUARTER:
The section made its annual holiday donation to the Hall-Dawson CASA program, designating that we wanted it to be used specifically for gifts for teenagers, who are often forgotten in the midst of giving toys to younger children. They were very appreciative.
The CLE on the Family First Prevention Services Act that was going to be held at the Mid-year Bar Meeting in Macon in January was cancelled due to lack of enrollment. The Section did go forward with the Happy Hour that was held at the offices of Georgia Legal Services where EC member Ira Foster served as a gracious host to welcome section members and other members of the Macon Bar, including its President.
Later in January, at our Annual CLE at the State Bar Center, the Family First Act presentation, describing what has been hailed as the most significant federal child welfare legislation in decades, was presented. Additional topics presented included Fetal Alcohol Syndrome, case law updates, a report on the current status of DFCS and ethics and professionalism presentations. Close to 100 people attended, and the section granted all 14 scholarships requested.
The Section Annual Meeting was held during the lunch break. Laurie Thomas, Chair of the Nominating Committee, presented a slate of officers who were unopposed and, therefore elected: Nicki Vaughan, Chair, Tonya Boga, Vice-chair, J.P. Berlon, Secretary and Randee Waldman, Treasurer.
The Section also agreed to support an expansion of the school dropout pipeline-to-prison program. The expansion will include a week long summer pre-law program for at risk students in Macon, similar to the program that the State Bar of Georgia Diversity Program currently operates out of John Marshall Law School in Atlanta. As you can see, the Section is attempting to broaden its base to reach members and potential child law practitioner members. We welcome and encourage your thoughts and ideas about how we can do this more effectively. As always, we want and need the support of all our members. We encourage you to volunteer to serve on the Executive Committee or any committee. And PLEASE nominate people for our two Willie Lovett Awards to be presented at the State Bar Annual Meeting in June. Thank you all for your continued interest and support.
From the ChairBy Nicki Noel Vaughan
Spring 2019
Child Protection and Advocacy Section 2
CPAS recognizes Jonathan Zimring as a dedicated child advocate. During his years of practice Jon has demonstrated that Kids Matter. Jonathan Zimring is a Civil Rights, Education attorney who has been licensed in Georgia for over 40 years. Throughout his practice he has demonstrated a consistent dedication to children and families. Jon attended Duke University School of Law and the University of NY at Buffalo.
Jonathan has practiced in the following areas: Adoption Related Issues, Alcohol Addiction, All Neuropsychological Disorder, All Other Special Needs, Anxiety Disorders, Applied Behavioral Therapy, Aspergers, Attachment Disorder, Attention Deficit Disorder, Attention Deficit Hyperactivity Disorder, Autism Spectrum Disorder, Behavioral Challenges/Discipline, Bi Polar Disorder, Central Auditory Processing Disorder, Chronic Health Conditions, Civil Rights, College/Higher Education, Communication Disorders, Conduct Disorder, Developmental Disabilities, Discalculia, Discrimination, Down Syndrome, Drug Addiction, Dysgraphia, Dyslexia, Early Intervention (3-5), Elementary and Secondary Education Act (ESEA), Emotional Behavior Disorder/Disturbance, Executive Function, Expulsion, Family Law, Health Impairments, Hearing Impairment/Deafness, Independent Educational Evaluations And Psychological Assessments, Intellectual Disabilities, Juvenile Justice, K-12, Learning Disabilities (LD), Medically Fragile, Mental Health, Mood Disorders, Multiple Disabilities, Neurological Developmental Delays, Neuropsychiatric Lyme Disease, Obsessive Compulsive Disorder (OCD), Other, Physical Therapy, Psychological Services, School Refusal/Phobic, Section 504/Accommodations, Sensory Integration/Processing Disorder, Serious Emotionally Disturbance, Sexuality, Social Security/Disability Benefits, Social Skills Deficits, Special Education/IDEA, Special Needs Trusts, Specific Disabilities: Orthopedically Impaired, Speech and Language Disorder, Tourette Syndrome, Transitioning Youth, Trauma, Trauma Informed Care, Twice Exceptional
Jon has worked for children in counties throughout Georgia and presented in many courts to include federal court.
His years of tireless commitment have demonstrated his devotion to kids and his recognition of their value in our society.
In addition to his practice of law, he is involved in organizations that are devoted to children’s issues.
We recognize Jonathan Zimring for his years of dedication to children. Thanks, Jon, for all that you do and your commitment to children as you demonstrate daily that Kids Matter.
Pictured above from left to right: Nicki Vaughan, Frank Strickland, Phyllis Holmen and Christy Crowe Childers
Another Successful CPAS Social Event held in Macon during the Annual State Bar January Meeting
Jonathan Zimring Section Executive Committee
OfficersNicki Vaughan, chair [email protected]
Tonya Boga, vice chair [email protected]
Randee Waldman, treasurer [email protected]
Elizabeth Bradley Turner, secretary [email protected]
Members- at-LargeAmy Bell [email protected]
Ira Foster [email protected]
Leslie Gresham [email protected]
Robert “Ted” Edward Hall [email protected]
Janet Hankins [email protected]
Vicky Kimbrell [email protected]
Deidre’ Jur-L Stokes Merriman [email protected]
Mary McKinnon [email protected]
Beth Morris [email protected]
Julia Neighbors [email protected]
Jane Okrasinski [email protected]
Michael L. Randolph [email protected]
Hon. Thomas C. Rawlings [email protected]
Natalece Robinson [email protected]
Stacey Suber-Drake [email protected]
Laurie M. Thomas [email protected]
Hon. Peggy Walker [email protected]
Cindy Wang [email protected]
Summer 20183
Delinquency Cases
Interest of S.B., A18A1851 (1/4/19): Judgment affirmed. Child
challenged the sufficiency of evidence of fingerprints to support offenses
of burglary and attempted burglary. Palm prints found on window pane
of where electronics were taken. Child had been a guest at home but
a month before burglary was forbidden to return. The only reasonable
hypothesis was that prints were impressed at time of burglaries. A trial
court’s oral pronouncement is not a judgment until it is put in writing
and entered as a judgment.
Interest of A.P., A18A1682 (2/15/19): Judgment affirmed. Child
appeals adjudication of delinquency and denial of motion to suppress.
Dispatcher reported a group of 14 to 15 year old juveniles were in
the process of stealing vehicles. Complainant updated dispatch stating
a group of 10 juveniles. Officer immediately went to the location
reported by complainant through dispatch and spotted A.P. who
matched the description and was leaving the particular area. The
corroboration solidified the existence of the articulable suspicion.
Officer had A.P. put his hands on his head while walking to another
group. This act did not constitute a third-tier arrest. A.P. argued that
State failed to carry burden of proving possession of handgun (16-
11-132). The weapon inside A.P.’s pocket was described as a small-
caliber revolver and therefore sufficient evidence to find handgun.
Dependency Cases
Interest of T.S., A18A0948 (10/23/18): Judgment affirmed. Mother
appeals finding of dependency. Mother’s boyfriend shot children with
a BB gun in the mother’s presence. The boyfriend tested positive for
meth. Mother lacked housing or employment. Mother failed to partake
in DFCS services in securing stable housing. Mother left shelter despite
shelter’s efforts in helping the mother secure permanent housing.
Mother returned to boyfriend. The evidence was sufficient to support
finding that children were dependent based on abuse and neglect.
Interest of E.A., A18A1936 and A18A1937A: Judgment affirmed.
Mother appeals denial of motion to dismiss dependency petition and
the final disposition order entered on the basis that venue was improper
and lack of service of process. Mother further asserted that the trial
court failed to hold a hearing 72 hours after children were taken into
protective custody. The Juvenile code does not provide a specific
procedure for a motion to dismiss for lack of venue therefore the Civil
Practice Act applies (15-11-4). The mother’s address included various
hotels in Douglas and Cobb counties but the last address for the mother
to receive public benefits was in Douglas County. Mother failed to raise
the issue in the motion to dismiss for the failure to receive summons at
least 72 hours before the adjudicatory hearing. The mother requested
to hear the motion to dismiss prior to the PPH hearing. The mother had
requested to continue. The mother objected to hear any of the evidence
for the PPH hearing for the motion to dismiss.
John Paul Berlon is Senior Staff Attorney to the
Hon. LeRoy Burke, III, Presiding Judge of Chatham
County Juvenile Court. He may be reached at
[email protected] or 912-652-6918.
Case Law Update: Opinions issued between October 2018 and February 2019By John Paul Berlon
Child Protection and Advocacy Section 4
EARN CLE CREDIT
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GEORGIA BAR JOURNAL LEGAL ARTICLESEarn up to six CLE credits for having your legal article published in the Journal. Contact [email protected] for more information.
HIGH SCHOOL MOCK TRIALCoach a team or judge a trial for the High School Mock Trial program and receive up to three hours of CLE credit. Contact [email protected] for opportunities.
GEORGIA LAWYERS HELPING LAWYERSVolunteer and complete online training to be a peer in the Georgia Lawyers Helping Lawyers program and earn up to two CLE hours during your training. Visit www.georgiaLHL.org for more information.
SERVE THE BAR
Summer 20185
Editor’s note: Tom Rawlings was sworn in on Feb. 18 as the Director of the Georgia Division of Family and Children Services (DFCS) after serving six months as interim director. Rawlings was the first full-time juvenile judge in the five-county Middle Judicial Circuit. He was named by two governors as director of the Office of the Child Advocate and is an international expert on child welfare.
After taking the helm at DFCS last fall, I’ve taken time to observe the agency’s inner workings and brainstormed several initiatives to help it run more effectively and efficiently. I’ve also put a lot of thought into the culture and image of the agency, both internally and externally. As Director, I’ve framed my vision to move the Division forward by creating an inviting culture and climate where my staff feel proud and purposeful in doing their work, and also feel valued and respected by their peers.
First and foremost in achieving that vision is creating a just culture. Just culture is where everyone’s voice is heard and staff in every level of the agency are treated respectfully. It’s a concept embraced by many hospitals where, instead of assigning blame, everyone seeks out mistakes as opportunities for learning and making systemic improvements. I want my staff, especially those on the frontlines, to feel empowered in their decision-making and not fearful of retribution. Our goal is always for decisions to be made in consideration of, “what is best for this child or family?” not, “will this get me in trouble with my boss?”
Some of the tactics we’re using to implement just culture are through one-on-one “suggestion box” conversations with frontline staff, which I plan to do with other levels of staff in the future. The feedback from those meetings has already proven valuable as it gives me a chance to meet face-to-face with our frontline “heroes” and hear from them about what I can do better to support them. I’ve also instructed my team to conduct frequent surveys of all levels of staff to get their feedback on policies and procedures. Surveys solicit feedback in an anonymous way, which some folks may be more comfortable with.
Another part of the agency’s culture is based on public perception, which unfortunately, isn’t always positive. I’m working with my teams to craft messages that tell the stories of our “heroes” – because I truly believe that’s what our frontline workers are. We seek to change the narrative about the work we do to make it comparable with that of other first responders – firefighters, police officers, EMTs. As we positively reinforce the good work being done at DFCS – reuniting families, keeping children safe in their own homes and preventing foster care entry, getting children to permanency through adoption, and helping families gain self-sufficiency – the more likely the public will be to support us and stand behind us during crises.
I’m also focused on building more community collaboratives around
Georgia through our State of Hope initiative. This initiative is run through our Office of Strategy, Innovation and Partnerships, which also works to connect the agency with philanthropies, faith-based organizations, foundations and other potential partners. Our goal is to encourage communities around the state to launch their own local family-support programs as part of a larger network.
To learn more about the State of Hope initiative and how it’s bringing community thought leaders to the table, visit: www.dfcs.ga.gov/state-hope.
The nuclear family is the best environment for children. When parents have challenges, their broader family offers the most effective support. But if cousins, grandparents and others in the broader family aren’t equipped, then the local community should be ready to help. The state is an imperfect substitute and a last resort of sorts. Our agency should do everything in its power to lessen the need for us to be called on. That’s why we sponsor the State of Hope project.
On those occasions when we do need to be involved with a family, some of our other recent initiatives are helping us prevent those children from having to be taken into state custody and experiencing the trauma of removal from home. Those initiatives have already helped us bring the number of children in foster care down to 13,500, below the peak and a reverse of the rapid increase in recent years.
The success of our prevention efforts are why I’m excited about a recent shift in federal policy toward other efforts to minimize the need for foster care. Passage of the Family First Prevention Services Act of 2018 is the most significant federal child welfare legislation in decades. We are drafting Georgia’s plan for implementing this new law next fall. It will mean changes in funding for child caring institutions, and for the first time will provide federal funding for the provision of prevention services, like parenting classes, family counseling and respite care.
As hopeful as I am about this new focus on prevention, there will always be a need for foster parents. The Family First Act increases that need by limiting funding in group homes to certain specific needs, meaning Georgia’s demand for foster families is growing, even on top of the overall growth in the system.
If you or your organization are interested in working with or supporting the Division, there are a number of ways you can do so.
- Become a Guardian ad Litem (learn more by searching “Guardian ad Litem” at: https://oca.georgia.gov/)
- Become a Court Appointed Special Advocate (more information can be found at: https://www.gacasa.org/)
- Volunteer with DFCS at its annual Secret Santa program (more information can be found at: https://dfcs.georgia.gov/ secret-santa-program)
- Review the Department of Human Services’ volunteer opportunities guide for more ideas (https://dhs.georgia.gov/ volunteer-service-opportunities-guide)
Kids Matter: Status of the Division and Ongoing InitiativesBy Tom C. Rawlings
Child Protection and Advocacy Section 6
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Summer 20187
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Child Protection and Advocacy Section 8
The legislature has adjourned sine die! The Georgia General Assembly concluded its 40-day legislative session shortly after midnight on
Tuesday, April 2nd. As is typical for the end of the session, days 39 and 40 were both eventful and demanding. The State Bar had a great year
under the Gold Dome, successfully passing two bills this session. Without the help of our lawyer-legislators and our members that volunteered
their time to propose these bills, none of this success would have been possible.
Every year, the General Assembly creates laws that affect Georgia lawyers and their clients. Below is a non-exhaustive list of legislation we
followed that ultimately passed this session. Domestic and Child Welfare Legislation
SB 190, sponsored by Senator John Kennedy (R-Macon), strikes language that requires a complaint for modification of custody to be filed
as a separate action in the county of residence of the legal custodian of the child. Under this legislation, a complaint to modify legal or physical
custody must be filed in the county where the defendant resides under Article VI, Section II, Paragraph VI of the Georgia Constitution. The
change has the effect of allowing a party to bring a counterclaim for modification of legal custody or physical custody in response to a complaint
brought under subsection. The bill also clarifies that a party cannot file a complaint to change custody in response to a motion for contempt.
HB 543, sponsored by Rep. Chuck Efstration (R-Dacula), provides for procedures for a court to adjudicate an individual to be an equitable
caregiver of a child. An equitable caregiver has standing so a court may establish parental rights and responsibilities as to that individual, including
custody or visitation. To establish standing as an equitable caregiver, a court must find by clear and convincing evidence that the individual meets
a set of elements demonstrating that he or she has engaged in consistent caretaking of the child.
HB 472, sponsored by Rep. Bert Reeves (R-Marietta), requires the court to consider whether there are reasonable alternatives to the removal
and placement of a child in foster care. The bill allows the court to order temporary alternatives to foster care, including an order authorizing the
child to be cared for by a relative or fictive kin.
HB 381, sponsored by Rep. Chuck Efstration (R-Dacula), makes minor revisions to the child support guidelines to bring them in line with
federal law.
SB 225, sponsored by Rep. Larry Walker (R- Perry), conforms Georgia law with the federal Social Security Act and the Family First Prevention
Services Act.
Legislative UpdateBy Christine Butcher Hayes
Summer 20189
State Bar of GeorgiaChild Protection and Advocacy Section
Executive Committee Nomination Form
Purpose of Section
The purpose of the Child Protection and Advocacy Section of the State Bar of Georgia is to promote the objectives of the State Bar within the field of Child Protection and Advocacy. The Section shall provide a forum for dissemination of information on aspects of juvenile law practice related to children, prosecution and agency representation, parent representation, child representation, and guardian ad litem work in juvenile court proceedings; defense and prosecution of delinquency and CHINS cases; miscellaneous Juvenile Court advocacy regarding competency, emancipation and parental notification issues; handling of adoption proceedings; school tribunals; advocacy in IEP and other meetings; quasi-judicial procurement of social security disability, Medicaid and other entitlements. The Section will participate in efforts to keep members informed of changing federal and state laws and of agency rules, policies and regulations and to enhance the practice of law relevant to children (except matrimonial laws as covered by the Family Law Section). The Section shall cooperate with and assist the Young Lawyer’s Division’s Juvenile Law Committee in its endeavors and activities on behalf of children and may elect to assist in other related activities, upon request.
Purpose of Executive Committee – Article V of the CPAS’s Bylaws
The Executive Committee of the Section shall consist of four (4) officers of the Section (Chairperson, Vice-Chairperson, Secretary and Treasurer), the Past Chairperson, and at least five (5) other members of the Section appointed by the Chairperson, whose terms shall co-exist with that of the Chairperson. Efforts shall be made to include representatives of the many and various types of practice of lawyers who are members of the Section, as well as to include diversity of location in the State.
The Chairperson for this year is requesting nominations to serve on the CPAS’s Executive Committee for the current year. Please submit this Nomination form no later than April 1, 2019 to Nicki Noel Vaughan, Chairperson, at [email protected].
**CPAS encourages participation in the Executive Committee by members of all races, ethnicities, genders and sexual orientations. Moreover, we encourage participation from individuals throughout the state of Georgia, from diverse practice areas and with diverse experiences. Nominator’s Information Name: _________________________________________________________________ Address: _______________________________________________________________ ______________________________________________________________________ Email: _________________________________________________________________ Phone: ____________________________
Current Member of CPAS? _______________
Child Protection and Advocacy Section 10
2019 Willie Lovett Award Nomination Form The Child Protection and Advocacy Section of the State Bar of Georgia is seeking nominations for the 3rd Annual Judge Willie Lovett Award.
Judges and lawyers, who have practiced or served in any area or court, meet the criteria for these awards if they have demonstrated a professional career and/or outstanding service and dedication to the protection and advocacy of children and also satisfy the eligibility criteria below.
Eligibility: Nominees must: 1) be a member in good standing of the State Bar of Georgia; 2) be a member of the Child Protection and Advocacy Section of the State Bar of Georgia; 3) have a history of dedication to advocacy for children, children’s rights, or child protection; 4) have practices for at least five continuous years; 5) exemplify excellence and professionalism as an attorney or judge; 6) be active in bar activities or professional associations; and also active in non-law related community service organizations; and 7) not be a member of the Selection Committee, or Staff of the State Bar of Georgia or the Administrative Office of the Courts.
(You may submit more than one nomination. Two awards will be presented with one being presented to a judge and one to a lawyer.)
Nominee:
Name: _________________________________________________________________
Address: _______________________________________________________________ ______________________________________________________________________ Phone: ______________________________ Email: _____________________________ Nominator:
Name:**_______________________________________________________________(For organizations, identify a contact person in addition to the name of the organization.)
Address: _______________________________________________________________ ______________________________________________________________________
Phone: ______________________________ Email: _____________________________
In addition to this form, nominations must also be accompanied by:A Nomination Narrative: Explain how the nominee meets the award criteria described above. Specify the nature of the contributions and identify those who have benefitted from the nominee’s involvement. Specify when and how long the nominee participated in each activity.
Biographical Information: Attach a copy of the nominee’s resume or curriculum vitae.
Letters of Support: Include not more than 3 letters of support from individuals that describe the nominee’s work, contributions made and the ways in which the nominee exemplifies the criteria above.
Submission of Materials: Send nominations to:
Ira L. Foster, Associate Director/General Counsel Direct Dial: (404) 563-7710, ext. 6497Georgia Legal Services Program Toll Free: (800) 498-9469104 Marietta St., Suite 250 Fax: (404) 463-1624Atlanta, GA 30303 Email: [email protected]
All nominations must be postmarked by April 25. Determinations will be made by May 1.
Summer 201811
State Bar of Georgia Child Protection and Advocacy Section
Scholarship Application
The Child Protection and Advocacy Section of the State Bar of Georgia will offer three (3) scholarships in the amount of up to $500 per scholarship each year. These funds may be used for either registration fees or travel expenses for an out-of-town conference or seminar.
The scholarships will be awarded to members of the Section who demonstrate both a need for financial assistance and a demonstration of the relevance of the content area of the conference or seminar to the work conducted by the attorney.
Commitment to Share Information: Scholarship recipients agree that they will write an article for the Section newsletter, Kids Matter, regarding a topic covered at the conference or seminar.
Application Process:
Application Periods: There will be three application periods each year, with one scholarship awarded during each application period. The application periods are as follows:
January 1 – April 30 (scholarship awarded by May 31)May 1 – August 31 (scholarship awarded by September 30)September 1 – December 31 (scholarship awarded by January 31)
Application: The attached application form, including a statement of need and copy of the agenda, must be completed and returned to the scholarship committee by the appropriate application period close date. Applications should be returned to [email protected]
Child Protection and Advocacy Section 12
State Bar of Georgia Child Protection and Advocacy Section
Scholarship Application
Name:__________________________________________________________ Affiliation: ________________________________________________________ Address: __________________________________________________________ ________________________________________________________________ Phone: ___________________________ Fax: __________________________ EMAIL: _________________________________________________________ Description of Program You Wish to Attend: (Please attach a copy of the program agenda, if available.) Program Title: ____________________________________________________ Program Location: _________________________________________________ Program Dates: ____________________________________________________ Program Costs: ____________________________________________________ Statement of Need: (Include any financial contributions provided by your organization, relevance of the seminar to your work, etc. You may attach a separate letter, on your organization’s letterhead, with your statement of need.) ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________
