Details attorney- and system-level qualities that improve the efficacy of parent representation. Attorney-level qualities include practicing cultural humility and engaging in legal advocacy, and system-level qualities include manageable caseloads and interdisciplinary practice.
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competently. An attorney can be competent by acquiring sufficient learning and skill before performance is required. See also Welfare and Institutions Code sec. 317.5(a). Much of the learning and skill required to be "competent" to handle dependency cases is found outside of law school and the legal books and requires far more than eight (8) hours of
Family Justice Initiative (2019) Details attorney- and system-level qualities that improve the efficacy of parent representation. Attorney-level qualities include practicing cultural humility and engaging in legal advocacy, and system-level qualities include manageable caseloads and interdisciplinary practice.
Specifically, an indigent parent or alleged father has the right to a court-appointed attorney in a contested action to terminate parental rights filed under RCW 26.33. 6 The right to counsel also applies to indigent parents involved in Child in Need of Services (CHINS) proceedings. 7 Also, where a non-parental custody action is inextricably linked to a dependency action due to the …
Parents & Guardians in Dependency Cases Case No.: _____ Being involved in a dependency case can be very confusing and stressful for a family. Not knowing what to expect can make it even harder. This handbook tells you what you need to know about the court process and the people helping you with your case.
Quality legal representation in court is an essential safeguard to ensure that pertinent information is conveyed to the court, all parties’ legal rights are well protected, and the wishes and needs of all parties are effectively voiced. In turn, this helps judges make the best, most informed decisions possible in every case.
Placements that support a child’s connection to family and other important relationships. Services that address a parent’s and child’s strengths and needs. Conferences and meetings that provide opportunities for parents and older youth to meaningfully participate in their case planning.
Developed by the Center for Family Representation in New York City, Cornerstone Advocacy is an approach that can be used by any parent’s attorney to support family reunification. It involves intensive advocacy during the first 60 days of a case in four areas:
Due to the unique and complex nature of dependency cases, interdisciplinary representation is considered to be the best way to deliver high-quality representation. Teams commonly include attorneys, social workers, and parent mentors/advocates, but also may include professionals with expertise in substance abuse treatment or other legal matters affecting families, such as domestic violence, education, delinquency, employment, or housing concerns.
Protects the rights, dignity, and integrity of families involved in the child welfare system by pursuing justice through effective legal, legislative, and policy advocacy. The Alliance is a project of the American Bar Association Center on Children and the Law, with investments from Casey Family Programs and a national steering committee of legal experts.
There are three ways an indigent parent may waive his or her right to counsel. A parent may (1) voluntarily relinquish the right; (2) waive it by conduct; or (3) forfeit the right to counsel through “extremely dilatory conduct.” 42
Counsel for a parent is responsible for providing effective representation at each stage of the dependency or termination of parental rights proceeding. However, every event related to the dependency or termination action is not necessarily a stage of the proceeding. For example, parents do not have a right to counsel at a psychological evaluation as the evaluation is a dispositional service and not a “proceeding” or “stage” of the proceeding. 31
RCW 13.34 creates a statutory right to counsel for a child’s parents, guardian, or legal custodian involved in dependency or termination proceedings and provides that if indigent, counsel shall be appointed by the court. 2 This statutory right to counsel covers all stages of the dependency and termination proceedings including hearings to establish an RCW 13.36 guardianship. 3 Washington State case law recognizes that an indigent parent’s right to counsel derives from the due process guaranties of article 1, section 3, of the Washington Constitution as well as the Fourteenth Amendment. 4 The right to counsel applies not only to indigent parents, but also to a child’s guardians or legal custodians. For example, a person having legal custody of the child through a permanent or temporary nonparental custody order is a party to the dependency proceeding and, if indigent, has a right to counsel at public expense. 5
RCW 13.34.090 (2) states: At all stages of a proceeding in which a child is alleged to be dependent, the child’s parent, guardian, or legal custodian has the right to be represented by counsel, and if indigent, to have counsel appointed for him or her by the court. Unless waived in court, counsel shall be provided to the child’s parent, guardian, ...
An indigent parent’s statutory right to counsel at all stages of a dependency and/or termination of parental rights proceeding includes representation on an appeal of right as well as discretionary review, and public payment of expenses and fees necessary to provide an adequate record to the appellate court and to present the appeal. 21 Before a parent, guardian, or legal custodian is entitled to appointed counsel to assist with his or her appeal, indigency must be determined by the superior court judge.
Generally, the parent’s appointed dependency attorney does not represent the parent in these ancillary family law proceedings, as an indigent parent does not have a right to counsel at public expense in a dissolution or child custody matter. 32
In every case, both criminal and civil, in which the right to counsel attaches, legal representation means effective representation. 30 A parent faced with the prospect of termination of parental rights to his or her child is entitled to a meaningful hearing, and that includes effective representation of counsel, as the rights at stake are both fundamental and constitutional. Determining the role and responsibilities of the trial court under these circumstances can be complex, and a decision as to the court’s response in the event it believes ineffective assistance is a risk is a subject best considered with guidance from the Judicial Ethics Opinions at http://www.courts.wa.gov/programs_orgs/pos_ethics/.
The purpose of the Disposition Hearing is to determine the plan for your child. The Disposition Hearing must be held within 30 days from the date the court finds that your child is in need of the State’s continued protection. However, it is normally held at the same time as the court’s ruling on the dependency.
The purpose of the trial is to allow the Judge to consider whether or not the allegations in the dependency petition are true. CPS has the burden of proving these allegations. You (through your attorney, if you have one) will have the chance to present your own evidence and witnesses and the chance to cross-examine the State’s witnesses. The Judge will decide whether or not your child is a dependent child and in need of the State’s protection. (Again, trials only occur if the case has not already settled at Mediation.)
The court may also appoint a Court Appointed Special Advocate (CASA) for your child. The CASA is a trained volunteer who will meet with you and your child, as well as others involved in this case. The CASA reports to the judge about how your child is doing and what the CASA believes is best for your child. You need to cooperate with the CASA by answering the CASA’s questions and letting the CASA visit with you and your child.
The Attorney General’s Office of the State of Arizona provides attorneys to represent CPS. The Assistant Attorney General assigned to the case will tell the Judge what CPS believes the court should do.
You need to cooperate with your child’s attorney by letting him/her visit your child. The attorney represents your child, not you. Since these cases involve your children, the Court may want to hear from them to make sure that his/her best interests are being served.
Children involved in the juvenile courts because of abuse or neglect typically must rely on the legal system to adopt a plan for their custody and care. Over the past several decades, the number of child maltreatment cases reported to child protective services has increased dramatically ( Department of Health and Human Services, 2007; but see Finkelhor & Jones, 2006 ). Many of these cases will be heard by juvenile courts. Despite the important involvement of the courts, little empirical research exists on factors that affect the custody and care outcomes for maltreated children who are removed from home and placed in foster care by the juvenile court ( Bishop et al., 2000 ).
Types of legal representation. In California, there are 58 counties, each of which administers juvenile courts. Data on the type (s) of legal representation implemented in each county in California for the year 2000 were obtained by contacting county-level juvenile court administrators. If a particular county did not have such an individual or if this individual could not be contacted, an alternative court official was interviewed (e.g., court clerk, juvenile judge). Respondents were asked, via telephone, first, to verify that they had appropriate expertise to indicate the types of legal representation for children in their juvenile dependency court, and if so, second, to state the predominant type (i.e., county counsel, District Attorney, public defender, private for-profit firm, private nonprofit firm, panel of court-appointed attorneys, other). Respondents also were asked to identify the other types of representation used, and to indicate the approximate percentage of time that each type (the predominant and other types) was implemented. Based on this information, the primary type of representation was identified for each county. Because some types of legal representation were adopted by only a small number of counties, each county was classified according to whether its primary type of legal representation was county-affiliated (i.e., public defender, District Attorney, or county counsel) or independent (i.e., private firm, panel of court-appointed attorneys).
In addition, data on children's experiences in foster care were obtained from the Child Welfare System/Child Management System (CWS/CMS).
As just mentioned, although data exist on the types of representation given to juveniles within dependency court proceedings, and data also exist indicating that longer stays in foster care lead to more adverse consequences for children, no known research has linked the types of representation that children receive with their outcomes in foster care. The current study aims to remedy this gap by addressing directly the link between legal representation and outcomes for children.