18 th Annual Permanency Conference June 24, 2010

1. 18th Annual Permanency ConferenceJune 24, 2010 Mimi Laver Director, Legal Training ABA Center on Children and the Law Vivek Sankaran Director Detroit Center for Family Advocacy Michele Cortese Deputy Director Center for Family Representation Supporting Families Through Legal Advocacy Annual Court Improvement ConferenceJuly 22, 2010 18th Annual Permanency ConferenceJune 24, 2010

2. Here’s What Parents Say “My baby’s daddy’s lawyer didn’t seem to know anything. Some lawyers make little effort. My lawyer really likes his work; he is very compassionate...lawyers need to get to know their clients and respect them. I wish more was like that.” “Just make me feel like you hearme…A good lawyer stays informed, calls back, checks in with clients. We don’t talk after court. Communication is the key. He expresses my wishes in court but the way he puts it, it isn’t right…My first lawyer was great, fought for me, knew what I was trying to do, how to get over the barriers….My lawyer now is slowing down…[she] doesn’t let me participate but goes along with what DHS tells her.” From Legal Representation for Parents in Child Welfare Proceedings: A performance-based analysis of MI practice. ABA 2009

3. Why is Better Representation So Important? Fairness Better outcomes for families Empower parents Allows courts to identify and treat core issues Breaks the Cycle

4. Our clients are: Poor From disadvantaged/marginalized communities Primarily women Individuals who’ve just had their children taken away from them Confused, frightened, upset, angry, hostile, ashamed Individuals who may have serious problems: drug use, domestic violence, mental illness, etc.

5. But, our clients are also Strong Resilient Resourceful Caring Committed Experts on their children People

6. Improved Advocacy – What does it Look Like? The best parents’ attorneys: Spend time getting to know their clients Know their work outside the courtroom is at least as important as in-court advocacy Know how to advise clients re: how to collaborate and navigate within the child welfare system Are well-versed in the law and the burdens of proof Don’t try to do it alone Identify their clients’ parenting strengths

7. Work Outside the Courtroom Attend meetings with client Prepare client in advance Work to find relatives to help Communicate with agency workers, service providers and opposing counsel Get involved in systems change Coordinate with legislature

8. Parents’ Representation Nationally More and more states are focusing on parents’ representation CIP initiatives like Arkansas and California Assessments and needed reform ex. MI Promising programs throughout the country (institutional as well as supporting sole practitioners) National Project to Improve Representation for Parents in the Child Welfare System http://new.abanet.org/child/Pages/parentrepresentation_home.aspx Development of national and state standards National Reunification Day – a great focus on families!

9. National Standards Overview of Project Goals of the Project Members of Subcommittee Themes of the Standards: Client participation in representation Preparation Multidisciplinary model Advocacy outside the courtroom

10. Elements of Standards Standards fall into several categories: General – includes: participating in local training and mentoring understanding relevant laws protecting parents’ decision-making rights representing in pre-petition phase of case avoiding continuances communicating with other professionals

11. Elements of StandardsRelationship with the Client Relationship with client, includes: empower client to direct representation duty of loyalty provide contact information communicate/counsel client regularly provide documentation awareness of conflicts missing parent issues incarcerated and mentally ill parent issues cultural competency

12. Elements of StandardsInvestigation and Discovery Investigation includes: conduct thorough investigation interview client before each hearing Discovery includes: review agency case file obtain necessary documents use formal discovery methods as needed

13. Elements of StandardsCourt Preparation Court preparation includes: develop case theory and timeline make all filings timely/ research legal issues engage in case planning advocate for regular visitation engage in settlement negotiations and mediation prepare all witnesses including client obtain expert witnesses and interview opposing counsel’s experts

14. Elements of StandardsHearings Hearings includes: prepare for hearings, motions and objections present/cross examine witnesses participate in jury selection request closed proceedings if appropriate make opening and closing prepare findings of fact, conclusions of law and orders

15. Elements of StandardsPost Hearing Post hearings/appeals includes: review court orders for accuracy/ review with client make efforts to ensure client abides by order discuss appeal with client file appellate paperwork timely request expedited appeal communicate results to client

16. Elements of StandardsManagers and Court Standards also include: Obligations of Attorney Managers 11 black letter charges Role of the Court 11 suggestions for the Court to follow

17. Models of Representation Common Aspects of Quality Representation Interdisciplinary Model Training for Attorneys Training other Child Welfare Professionals Outreach to Community

18. THE DETROIT CENTER FOR FAMILY ADVOCACYAN INITIATIVE OF THE UNIVERSITY OF MICHIGAN LAW SCHOOLhttp://www.law.umich.edu/centersandprograms/ccl/cfa

19. Old Paradigm – Nancy Colon’s Story

20. New Paradigm

21. Who are we • Founded in July 2009 • Project of the University of Michigan Law School, Child Advocacy Law Clinic • Funded by private/public partnership • Based in Detroit – focus on the Osborn neighborhood • Provide multidisciplinary legal, social work, parent advocacy to families to reduce the number of children in foster care • Staff – 3 attorneys, social worker, parent advocate, legal assistant • Two types of cases – prevention and permanency • Close collaboration with the DHS • Evaluation Component

22. Guiding Principles Too many children enter care Too many children stay in care Treatment of children while in care is inadequate Too many legal orphans Prospects of children aging out of care are troubling Any attempt to reform foster care must begin with reducing the number of children in foster care Kids need families. Families need not be perfect.

23. What we do – Prevention Cases Provide legal, social work and parent advocacy to parents to prevent the unnecessary entry of children into foster care. Criteria -CPS substantiates case as Category I, II or III -Child(ren) residing with parent, guardian or custodian -Legal services are expected to help parent, guardian or custodian provide a safe and stable home for the child

24. Common Legal Barriers Landlord-Tenant Public Benefits Domestic Violence Special education Custody Guardianship Power of Attorney Expungements/Criminal History

25. Social Work Barriers • Housing • Public Benefits • Day Care • Securing Move-In Expenses • Appliances / Furniture • Utilities “Shut-Off” / Account Openings • Employment • Medical Insurance • Educational Needs • Afterschool Programs

26. Where we get our cases from Referral Sources (Non-Exhaustive) DHS – MAIN SOURCE Court Private child-placing agencies Self-referrals Family Members/Friends Mental Health Professionals Community Agencies Churches/Clergy

27. Our Team - Attorney • Develops legal strategy to address concerns of the DHS • Advocates on Behalf of Client with DHS • Initiates Court Action on Behalf of Client • Negotiates/Advocates on Behalf of Client with Adverse Parties

28. Our Team – Social Worker • Identifies Resources for Client • Makes Referrals for Client • Advocates on Behalf of Client to Obtain Resources • Provides Emotional Support • Promotes Client Empowerment

29. Our Team – Parent Advocate • Helps Clients Understand and Navigate “The System” • Helps Lawyer and Social Worker “Read” Client • Helps Team Members Understand Practical Implications of Situation • Provides Emotional Support • Facilitates Client Empowerment

30. Client-centered approach • “What can you do to live the life you have always imagined for you and your children?” • “How can we help you get there?”

31. Examples of our work

32. Early Data - Prevention • Served 68 children/23 families • All children substantiated by the DHS as being abused or neglected • Closed the cases of 9 families None of the children have entered the foster care system

33. The Detroit Center for Family Advocacy (CFA) • Contact/Visit Us • 3031 W. Grand Blvd, Suite 440, Detroit, MI 48202 • Osborn Satellite Office, 13560 East McNichols, 48205 • 313-875-4233 (phone) • lawdetroitcfa@umich.edu • http://www.law.umich.edu/centersandprograms/ccl/cfa

34. Cornerstone Advocacy Michele Cortese Deputy Director Center for Family Representation

35. The Four Cornerstones

36. Why 60 Days?

37. The First Cornerstone: Placement

38. The Second Cornerstone: Services

39. The Third Cornerstone: Conferences

40. The Fourth Cornerstone: Visiting

41. The Legal Basis for Cornerstone Advocacy

42. Example: Application for Visit Host in the State of Colorado C.R.S. 19-1-103 (89): “ ‘Reasonable Efforts’ …..mean the exercise of diligence and care throughout the state of Colorado for children who are in out-of-home placement …..In determining whether it is appropriate to provide, purchase, or develop the supportive and rehabilitative services that are required …to foster the safe reunification of a child with a child’s family…..the child’s health and safety shall be the paramount concern….”…. -plus- C.R.S. 19-3-08 (2)(b)(IV): “…[the] following services shall be available….Visitation services for parents with children in out-of-home placement….” -plus- 12 CCR 2509-4 J sections 1, 2, and 6 : “…The visitation plan shall specify the frequency , type of contact, and the person(s) who will make the visit. At a minimum the plan shall provide the methods to meet….the growth and development of the child….[and] Visitation…shall increase in frequency and duration as the goal of reuniting the family is approached… -plus- Colorado Department of Human Services Child and Family Services Review January 28, 2009: parents should be encouraged to attend doctor, physical therapy and other assorted appointments…serves the dual purpose of additional contact and helping the parent learn appropriate care….family members and friends are often considered for increasing contacts and connections for children, such as birthdays and other holidays….effective visitations are positively correlated with successful reunification… (pp. 59-60)[also language in support of visit coaching]

43. Example: Application for Child to be Placed with a God Parent so that She can Remain in her School—State of MI MCL 712A.19a (2): “Reasonable Efforts to reunify the child and family must be made in all cases….” MCL 712A.13a (5): court can approve an unrelated caregiver as placement option for child if “adequate to safeguard the child from the risk of harm to the child’s …mental well-being.” MCR 3.965 (B) (12) and (C) (2): “ [The Court] may order placement of the child….the court…shall place the child in the most family-like setting available consistent with the child’s needs…” -plus- R400.12404: …”(3) An agency shall consider…the following factors in selecting…placement:…the permanency goal for the child….The continuity of relationships, including relationships with parents…and other persons significant to the child….” -plus- MDHS Foster Care Manual FOM 722-3 pp. 3-5: “placement should be in proximity to the child’s family to facilitate parenting time…Proximity is defined as ‘placement in the county of residence, preferably in the child’s own school district…consideration must be given to a placement which preserves and maintains relationships with the relative network, friends, teachers, etc.”” -plus- Michigan Department of Human Services Child Welfare Philosophy March 2006: “…We must first consider placement with the non-custodial parent or extended family …or appropriate non-relatives known and trusted by the child….where possible we must strive to place the child….so the child can stay in his or her school and maintain relationships with friends and family….” -and- MDHS L-09-026-CW (3/11/09): When a child must go into care, preference must be given to a relative who “lives in close proximity to where the child was living at the time of removal…”

44. Cornerstone Results --An average length of foster care stay of 4 months compared to a state wide average of 33 months --a dismissal rate of 33% in 2009 compared to 11% in the year prior to CFR taking court assignments --cost of CFR team: $5900 over the life of the case; lowest cost of foster care: $27K per child per year

45. How You Can Support This Work - Potential CIP Initiatives • Pilot multidisciplinary legal teams for parents – pre or post-petition • Provide court-appointed attorneys with access to social workers or parent advocates. Explore whether access is meaningful and whether adequate social work or other support is readily available. Measure results. • Fund parent representation clinics at law schools (D.C., Illinois) • Fund comprehensive assessment of statewide parent representation system(Michigan) • Fund training opportunities for new and advanced parents’ attorneys. Create resource materials for attorneys. Listserves, websites