Representing Pregnant or Parenting Teens

1. Representing Pregnant or Parenting Teens Who and what we are advocating for? Presented by: Roxanna Alavi  Rachel Fightmaster  Heidi Koh Legal Advocates for Children and Youth

2. “I just want to make sure that the state can’t take my baby away from me because I vowed that no matter how old I was or the situation I was in my child would never live the life I’ve lived and will not bounce around from home to home just waiting to find out if they are good enough or worthy enough to be kept.” - Quote from a pregnant dependent

3. Foster Facts • Young people living in foster care settings are prone to high rates of risky sexual behaviors, including earlier age of first intercourse, larger numbers of sexual partners, and earlier age of first pregnancy than their peers not in foster care • Carpenter, S. C., Clyman, R. B., Davidson, A. J., & Steiner, J.F. (2001) & Bilaver, L. & Courtney, M. (2006) • Greater incidence of teen parents in foster care: 17.2% versus 8.2% for teenage girls NOT in the system • National Casey Study, (2003) • Existing services for teen mothers - both in and out of dependency – lack continuity, universality, and entitlement.  Many programs fail to include mothers as full participants and beneficiaries • Wald and Martinez, 2003

4. Foster Youth: Parent or Child? • Minor parents remain a dependent in the system • As parents they are held to the same standards as adults and are under even greater scrutiny • i.e., dependent parent can consent for child’s medical care or educational decisions, but not her own

5. Proud of becoming a parent Insecurity about being a parent Shame for getting pregnant Fear of having the child removed Fear of loss of placement or permanency Hopelessness regarding the future Frustration over heightened scrutiny Effects Of Pregnancy On Dependent Minor’s Self View

6. Effects Of Pregnancy On The Dependent Minor’s Behavior Possible Negative Behaviors • AWOL- leaving court approved placement • Truancy • Acting out behavior: talking back, defiance • Substance abuse • Seek out negative people in their lives

7. Effects Of Pregnancy On The Dependent Minor’s Behavior Possible Positive Behaviors • Minor will become a self advocate • Minor will seek out and engage in services to benefit self and her child • By imploring social services to DO THEIR JOB and find the child a stable home for both the dependent minor and the child!

8. Practical considerations for minor’s counsel in advocating for pregnant or parenting minor dependents

9. Services • During pregnancy, advocate for: • Prenatal health care / medical insurance • WIC, case manager services, counseling • Education • Childcare • Parenting Classes • Housing • Substance abuse treatment • Mental health treatment/Counseling • Coordination with probation, if appropriate

10. Due Process: Not Just for Adults • Absent exigent circumstances, the parenting foster youth has the same rights and responsibilities as any other parent • Troxel v. Granville, 530 U.S. 57 (2000)“custody, care and nurture of the child reside first in the parents, whose primary function and freedom include preparation for obligations the state can neither supply nor hinder.”

11. Other Protections • Federal law requires that payments by a state for the maintenance of the parenting youth must include an additional amount for the support of the infant. 42 USC 675(4)(b)(2005); 45 CFR 1356.21(j)(2005) • Federal law requires that adoptive family subsidies for a teen cover the teen’s child. Social Security Act Section 472(h); 475(4)(B) • If the infant is removed, the state cannot use federal foster care funds to support the infant unless the infant’s removal is sanctioned by a court order • Removal of the infant must be based on the same standards required for removal of all dependent youth, and not age, previous history and perceived abilities

12. Under threat of removal: • Ensure that the court and social services continue to focus on and provide for the needs of the dependent youth • Ensure that dependent minor parent’s rights are not violated • Advise client regarding possible CPS action and voluntary services / informal supervision • Consider filing family law orders prior to CPS involvement

13. When removal is imminent: • Were reasonable services provided by the social services agency to prevent removal of the child? • Voluntary services? • Alternative placements? • CA Teen Parents in Foster Care Act, S.B. 1178 ch. 841 sect. 2(e), requires the court or the agency to make diligent and active efforts to place the minor parent and the child together in as family-like setting as possible.

14. After Removal: • What services can be provided to the parenting youth to support the ability to care for herself and her child? • CA required to provide parenting class (W&I Code 16002.5 (2005)) • Childcare, especially to help parenting youth to continue educational/vocational training. • Education, IEPs • Placement • Services for teen fathers, including visits • Discharge or emancipation planning

15. After Removal (continued) • Ensure that the case plan for the parenting youth adequately addresses the needs and interests of both the parent and the child at each review hearing.

16. Problem 1: 16 & Pregnant Jill is a 16 year old female who currently resides in a group home. An out of custody petition was filed twelve months ago based on her mother’s alcoholism. Her mother was hospitalized for an alcohol related seizure, after which Jill was absent from school almost daily because she feared for her mother’s safety. Jill’s father has been absent for over 10 years, did not appear in court or participate in any services. After the petition was filed, Jill’s mother continued to abuse alcohol. One month later she agreed to go the hospital for medical detoxification; however, she did not complete the detox and left against medical advice. At that time Jill was removed from her mother and placed in a foster home a significant distance from her school, friends and family. Jill was very unhappy in the home and after two months there she went AWOL. Two months later, Jill returned and contacted the social worker. Jill was placed in a group home where it was discovered that she was pregnant.

17. Jill’s mother refused to engage in an inpatient treatment program recommended by the Department. However, she did complete an outpatient program and has been mostly compliant with her case plan. She states that she attends AA meetings three times per week, but has not provided all the meeting slips to the social worker. Additionally, she maintains social contacts who are known to drink and admitted to allowing friends to drink in her home. She has never tested positive for alcohol. However, she has missed seven tests since Jill’s removal eleven months ago. She has been attending individual counseling, although she occasionally misses her appointments. Her counselor states that Jill’s mother has made significant progress. Additionally, Jill’s mother completed a Parenting Teens class with moderate reviews from the facilitator. Jill’s mother is living with her new boyfriend, Roger. Roger’s criminal history consists of a D.U.I. from five years ago as well as driving on a suspended license. Roger claims he has been clean and sober for three years, but does not attend AA.

18. What should counsel focus on during Jill’s pregnancy? • Placement • Keep Jill at her group home? • Identify a placement where Jill can maintain custody of her child • Referrals • Have county social worker provide Jill with referrals for appropriate services to prepare her for parenthood • Have these issues addressed in reports and any court appearances. • Teen Parents in Foster Care Act, WIC 16002.: Teen parents are to be provided with access to special services for child rearing, health and mental health, schooling, and foster parent is to be provided with proper funding for child so as to promote continuity of family and protect best interests of teen parent and child

19. Problem 2: Informal Supervision Jill gives birth to a healthy baby boy. Jill's baby is placed with her in her group home. Jill’s social worker wants Jill to participate in informal supervision given her concerns about Jill’s young age and truancy.

20. What are your concerns as Jill’s attorney? • County social workers coercing Jill into signing any agreement • AB 2483 states that a program of supervision may be implemented by a social worker, but such a program is voluntary and cannot be implemented until the teen parent has consulted with his or her attorney. • After implementation, if the minor parent fails to cooperate, a petition may be filed • Service plan implemented must be fair, reasonable and achievable

21. Group home staff or county social workers should not threaten removal of Jill's baby if Jill fails to follow program rules or her service plan • Teen should not be held to a higher standard because of age • Foster care status is not a basis for removal or oversight

22. Problem 3: Is Grandma safe? Jill wants to reside with her mother and mother’s boyfriend. Jill believes that her mother will be able to help take care of the baby. You have reservations regarding Jill living with her mother and you have previously advocated for removal from this home.

23. The Law WIC 16002.5: It is the intent of the legislature to maintain the continuity of the family unit and to support and preserve families headed by minor parents who are themselves dependents of the juvenile court by ensuring that minor parents and their children be placed together in as family-like setting as possible, unless it has been determined that placement together poses a risk to the child

24. Stated interest v. Best interest • Jill has clearly stated that she wants to reside with her mother • Does Jill’s stated interest outweigh your concerns about what is in her best interest? • Does her stated interest change what you find to be in her best interest? • Does the possibility of removal of Jill’s child impact your position in this case? • How do you balance concerns with mother’s home with: • Wanting to keep the family together? • Concerns about Jill’s ability to parent in the group home where she has significantly less support?

25. Problem 4: Busted! Jill’s baby is at a relative’s home for an overnight visit, when Jill goes out with her friends and is arrested for underage drinking. The Department files a petition requesting removal of Jill’s baby based on Jill’s alcohol use and leaving the group home without permission.

26. Changes to the role of minor’s counsel • Minor’s counsel now takes role of parent’s counsel, advocating for return of the child to Jill. • Minor’s counsel faces a conflict of interest and Jill’s baby should have separate counsel to advocate for the child’s interests.

27. Conflict? • Best Interest Model • It will be difficult for minor’s counsel to extend this model of representation to the teen respondent parent • This would require minor’s counsel to represent the client's best interests in one case, and the client's stated interests in the second • Stated Interest Model • No conflict arises when minor’s counsel extends this model of representation to the teen client as a respondent parent

28. Additional Considerations • Consider whether or not having this case heard in front of the same hearing officer as the minor parent's dependency case is in your client's best interest • If necessary, ask for a different hearing officer via CA CCP 170.6. • Does case of teen parent’s child require a different county social worker? W&I Code section 16513.5

29. THANK YOU! Presented by: Roxanna Alavi  Rachel Fightmaster  Heidi Koh Legal Advocates for Children and Youth