Before she left, the defense teams social worker called the caseworkers supervisor requesting that she be permitted to remain in the conference because the x-ray results were due in another half hour. The caseworker, her supervisor, and the investigating team concluded that Eduardo required surgical treatment and his fathers failure to consent to it constituted medical neglect. 14. Since the family defender offices opened in 2007 in New York City, the community whose children have been wrested from poor families has had a collective voice in the form of lobbying efforts by the newly created family defender advocates. Instead of the family being reunited, the case might have resulted in a termination of parental rights. . N.Y. Unified Ct. Sys. The teams social workers attended many visits with Ms. Anderson and her daughter to ensure a member of the team was there to witness the successful interactions for reports back to the judge. 23. 33. We push for equitable and humane policies by advocating for better laws, filing systemic litigation and educating the public. The active family defender community cannot take full credit for this this dramatic shrinking of the foster care population. . 41. If the study discussions in the previous section show anything, it is that being at the table when the agency fashions the case plan is a critical stage in the proceeding with profound long-term implications for all that follows. After the second injury, he explained, he brought Eduardo back to the same surgeon with whom he met the year before. A detailed description of strategic uses of court appearances, including the opposition of out-of-court removals; the filing of motions for discovery, for visitation, and for early release from foster care; and the conducting of contested evidentiary hearings, is provided in Accidents Happen, supra note 73, at 40624. Criminal Defense Practice Social Worker. Even worse, when parents are unrepresented, the plans may fail to identify services the agency should be providing for the particular needs and circumstances of the family. Effects of an Interdisciplinary Approach, supra note 1, at 45. If you are a current client of BDS, contact your lawyer, social worker, or other staff for an appointment. These conferences are expected to take place in front of the judges court attorney, rather than the judge, and are commonly used to provide a forum to resolve issues and move toward settlement. 17. The problem, of course, is that the surgeon would not have written that letter without the very effective advocacy Mr. Sanchezs team brought to the meeting with him. Res. Jail Services Attorney/Advocate. An X-ray revealed that Sophia sustained a skull fracture. Federal law requires states to have written case plans for every child in care in order to ensure that an appropriate long-term plan is identified for each foster child. 9. Immigration. By 2014, five family defender offices had contracts to represent parents.93 In some parts of New York City, family defender offices handle the vast majority of new cases filed. Brooklyn Defender Services (BDS) is seeking Entry Level Attorney Candidates for the Family Defense team. . Id. Today (A.B.A., June 4, 2019), https://www.americanbar.org/groups/public_interest/child_law/resources/child_law_practiceonline/january---december-2019/providing-parents-multidisciplinary-legal-representation-signifi/. Neighborhood Defender Services of Harlem shares cases in New York County with the Center for Family Representation, and the Center for Family Representation has a second contract to provide parental representation in Queens. But often the agency seeks to remove newborns from the hospital in a case in which the agency has an ongoing involvement with the mother. Social hold is a colloquial term used to describe the practice of a hospital separating new parents from their child immediately following birth while a report to the State Central Register of Child Abuse and Maltreatment or an ACS investigation is pending. The Brooklyn Officethe Brooklyn Family Defense Projectwas a project of the largest civil legal services organization in New York City, Legal Services for New York, now Legal Services NYC. . 83. For new lawyers, the existence of these organizations means not only jobs, but jobs one can get straight out of law school that come with the kind of training and supervision only larger offices can provide. Brooklyn Defender Services (BDS) is seeking Entry Level Attorney Candidates for the Family Defense team. This Article is designed to bring to life the proactive nature of the multidisciplinary practice. What the previous articles did not disclose in any depth is what is actually involved in representing parents in child welfare cases and what the staff do in individual cases. But the team was unable to secure the agencys support for unsupervised visits. for Child. The agency then filed a neglect petition in family court charging Mr. Sanchez with failing to provide his son with medically necessary treatment and seeking an order that the agency be granted permission to consent to the required surgery. 95. & Youth Servs. Lauren Shapiro has been working as a Managing Director, Family Defense Practice at Brooklyn Defender Services for 16 years. The representation she received simply would have been impossible for most individual panel attorneys to match. When the meeting ended, the surgeon continued to recommend surgery, but he now acknowledged that there are many children with this hip condition who can participate in sports, live happily, and never receive surgery. Ct. 2003). Because the new offices ethical duty is to strive to accomplish their clients objectives, and because almost all of their clients want to keep or regain custody of their children as quickly as possible, family defender offices are in the business of trying to achieve the identical objective everyone else in the child welfare field has: keeping children safely with their families and avoiding the needless placement of children into foster care.95, The interdisciplinary approach is recognized as a best practice.96 In 2019, a panel commissioned by Judge Janet DiFiore, the chief judge of the Court of Appeals in New York, recommended an expansion of interdisciplinary law offices from New York City throughout the state of New York due to their success.97, The impact created by high-level law offices devoted to representing parents in child welfare cases goes well beyond the statistics from the study. In addition, by being such a careful listener and advocate, the defender team also ensured that Mr. Sanchez felt supported during an especially challenging time in his life when he was forced to divert his attention from taking care of his son to defending his right to remain his sons parent. 26. Brooklyn, NY, US. Brooklyn, NY. The goal of our early intervention is to avoid court filings that have a harsh impact on families. See N.Y. Cty. is a public defense office that provides outstanding representation and advocacy to people facing loss of freedom, family separation and other serious legal harms. Serv. 71. Lawyers Assn, 763 N.Y.S.2d at 40102, 407. Brooklyn, NY. It requires more professionals and more room than solo law practices. Livingston St / Smith St. What services have they completed? Law 409-e(2) (McKinney 2020) (mandating preparation of case plans by the social services district in active consultation with the childs parent or guardian). Services Provided:NA Specialties: Other Address: 195 Montague Street, 5th Floor, is Brooklyn, is New York 11201 Phone: (347) 592-2500 Email: lshapiro@bfdp.bds.org . Rev. Ms. Barrow and the defense team jointly developed a new plan for her that included referring her to a therapist, a psychiatrist who was able to prescribe new medication, and a medication management provider. In exchange for Ms. Anderson consenting to a finding that she neglected her child, the parties agreed to what is known in New York as an adjournment in contemplation of dismissal.81 The parties agreed to a settlement order that ensured that Ms. Anderson would have custody of her daughter and be subject to supervision for nine months on the understanding that the finding of neglect would be vacated and the petition dismissed in nine months unless the agency could show that Ms. Anderson placed her daughter at risk in the interim. Rts., Your Rights While Pregnant, Breastfeeding, or Caregiving: A Report on the 2019 Commission Public Hearing on Pregnancy and Caregiver Discrimination, N.Y. State Admin. 67. Change 539, 559 (2017). Lucas A. Gerber et al., Effects of an Interdisciplinary Approach to Parental Representation in Child Welfare, 102 Child. 347-592-2500. He gratefully acknowledges the outstanding research assistance provided by Sean Eagan, New York University School of Law Class of 2019, and also thanks Luke Gerber, Chris Gottlieb, Sue Jacobs, Peter Pecora, and Tim Ross for their support and the careful attention they gave to this Article. He explained that even though the surgeon recommended that Eduardo undergo surgery to repair the hip, the surgeon also acknowledged the risks associated with the surgery. Bronx Defenders began as an organization that only did criminal defense. Her mother took Sophia to the emergency room. 70. Full-time. We demand accountability from government institutions in court and work to reduce the government's reliance on harmful legal systems to address problems caused by poverty and racism. Missing from the quantitative study are the number of times out-of-court advocacy persuades the local child welfare agency not to file a court case in the first place. These plans are best developed out of court in conjunction with the agency overseeing the case.64 No good lawyer can afford to ignore the administrative process, which commonly begins when a family comes to the attention of an investigating caseworker following a report of suspected maltreatment made to the child protection agency. Brooklyn Defender Services serves communities in the State of New York. The agency sent an investigating caseworker to meet with Eduardos teachers at school. Ms. Green was a single parent of an eight-month-old daughter, Sophia. But because she would be applying for shelter housing at a time when her children were not in her custody, she would be counted as a single person living alone and would be eligible only for a studio-sized apartment, unsuitable for children. Three months later, the two children in foster care were reunited with their mother and the family has lived together without further intervention by the agency. Once parents had the right to counsel in child welfare proceedings, it fell to the local New York City court administrators to design the legal services delivery system to meet this new constitutional and statutory right. Ignoring them as part of the defensive strategy is only a tiny step away from ignoring the case conferences. Of the 135 (35%) cases filed in Family Court, 61 families remained together throughout the investigation and subsequent court filing, the children never removed from their homes. See National Alliance for Parent Representation, Am. Emma S. Ketteringham et al., Healthy Mothers, Healthy Babies: A Reproductive Justice Response to the Womb-to-Foster-Care Pipeline, 20 CUNY L. Rev. Ms. Barrow disclosed to her defense team that she was pregnant. Even these remarkable efforts would have been insufficient. Funding for the study was secured from Casey Family Programs,28 one of the leading child welfare foundations in the country committed to supporting practices designed to ensure that children are able to be raised safely in their families of origin.29 An important question the study hoped to learn was whether the kind of legal representation made available to parents would have any impact on reducing the time children spend in foster care.30, The quantitative study was a multiyear study of child welfare cases brought in the New York City courts to determine whether the kind of legal representation provided to parents can make a difference in the outcome of cases.31 The researchers examined child welfare cases filed in New York City Family Court between 2007 and 2014; the final sample involved 9,582 families with 18,288 children.32 They used Propensity Score Matching as the statistical design, which equalized the groups of families compared on nearly twenty factors or covariates split into variables.33 This methodology allowed the researchers to attribute differences in outcomes between the two groups to the type of representation the parents received.34, The study compared the outcome of cases based on whether parents were represented by panel lawyers and parents who were represented by one of the family defender offices.35 Ultimately, the researchers traced the outcomes of nearly 10,000 families and their more than 18,000 children through a four-year follow-up period.36, The study found that the kind of representation afforded to parents makes a dramatic difference in the length of time children spend in foster care.37 Giving parents the right kind of legal team results in families being reunited far sooner than would otherwise happen.38 The family defense offices were able to secure the safe return of children to their families 43 percent more often in their first year than panel attorneys, and 25 percent more often in the second year.39 Giving parents lawyers from family defense offices allowed children to be permanently released to relatives more than twice as often in the first year of a case and 67 percent more often in the second year.40 These families may otherwise have been permanently dissolved or the children may have spent their childhood separated from their family. Beginning cautiously, New York City first awarded separate contracts for three of its five counties to three different not-for-profit organizations, each one authorized to accept court assignments in one county. By planning carefully with the mother during the pregnancy and preparing for the child to come home with her, the team ensures that living arrangements are set and baby paraphernalia (cribs, diapers, food) are at the ready. We fight to protect New Yorkers from the trauma of separation from their loved ones and to reunite families as soon as possible. Are you or someone you know being investigated by the police or ACS? But the offices nonetheless prevented foster care entirely because of out-of-court advocacy. . 77, 105 (2016). Mr. Sanchez further explained that he did not rule out giving his consent to the surgery, only that he wanted one more time to see if it could be avoided by securing alternative treatment. tit. This Article serves to provide the reader with a deeper understanding of how the family defender offices actually do their work, in order to better explain how they achieve the results found by the quantitative study. At the next court date, the defense team presented the letter to the agency and the court. 1337, 133839 (2012). Through these discussions, they connected her to a social services organization in the community. See Effects of an Interdisciplinary Approach, supra note 1; see also Understanding the Effects of an Interdisciplinary Approach, supra note 4. The Center for Family Representation was awarded the contract in New York. See N.Y. County Law 722-c (allowing judges to authorize counsel assigned through the 18-b panel to engage social workers to assist in the representation of indigent clients); N.Y. Cty. Rev. Our attorneys, social workers and other staff work together to advise, assist and represent parents every step of the way. We work alongside people harmed by unfair systems to fight injustice and change things for the better. 25. The family defender offices in New York City do not settle for inadequate plans, nor do they encourage their clients to engage in services that are unlikely to ameliorate the barriers to regaining the custody of their children. For these and many more questions, we may be able to help, even if you are not a Brooklyn Defenders client. Press Inquiries. Understanding the Effects of an Interdisciplinary Approach, supra note 4, at 910. Bar Assn, https://www.americanbar.org/groups/public_interest/child_law/project-areas/parentrepresentation/ (last visited Oct. 19, 2020). Because Ms. Andersons parental rights to her older child had only recently been terminated, the agency took the position that it was premature to allow her to take custody of her newborn child. 28. The hospital then called Ms. Green and asked her what she could tell them. Once the judge could be persuaded of this, the prospects of significantly increasing the amount of time Ms. Green could spend with her child were greatly advanced. Quite often, the family defender offices in New York City achieve results for their clients that meaningfully advance childrens interests that could not have been achieved without spending considerable amounts of time out of court. 80. See N.Y. Fam. Every administrator of New York Citys child welfare system in this century has been committed to the principle of eliminating the unnecessary placement or retention of children in foster care. Our team works to find temporary custody arrangements, refute false allegations and help inform parents of their rights at early stages of an ACS investigation about their family. . 99. 205 were here. One parent told the Commission she attended between twelve and fifteen conferences over a three-year period, and in every instance, she attended them alone.88 The second parent testified that she attended between twelve and eighteen such conferences over a longer period of time.89 She, too, was never accompanied by anyone to a conference.90 By way of comparison, the social work director at one of the family defender offices testified at the same hearing that her office has a team of nineteen parent advocates and social workers who attended nearly 1,000 conferences with parents in fiscal year 2018.91. Easily apply. Instead, she would have met her lawyer for the first time minutes before her first hearing, and that lawyer would have to make the argument for the return of her baby knowing only what could be learned in that short time. An ill-advised case plan not only wastes money; it wastes the most precious commodity in the field: time. . Our Early Defense team provides advocacy to parents during the initial stages of an ACS investigation. Effects of an Interdisciplinary Approach, supra note 1, at 43. Hum. 88. Davis. After family defender offices complained about the problem and lobbied for a solution, the New York City Administration for Childrens Services changed its policy in 2019 in an announced All Staff Bulletin clarifying that If the parent is eligible for coverage, or assistance that they are not receiving, such as Medicaid or private insurance, the CPS or case planner must assist the family with applying for such assistance. Recognizing that as soon as the baby was born, the agency would conduct a child safety conference at which it would make fateful decisions involving the family, the new team immediately started planning with Ms. Anderson. Brooklyn Defender Services had to scramble to find a new, stronger cloud system something many smaller public defense offices and private attorneys contracted for public defense work lack the capacity to do. They also prepared for the birth of the baby, finding a trauma-trained doula and helping Ms. Anderson to set up her home with all the essentials for a baby. However, Ms. Anderson progressed so well that the hearing never needed to be conducted. 68. for Child.s Servs., All Staff Bulletin (July 16, 2019) (on file with the author). When Mr. Sanchez met with his lawyers and social worker, he provided the fuller picture. In order for the reader to appreciate fully the contribution of these offices, and the critical need for them to spread throughout the country, it is vital that the reader grasp a fundamental truth about the child welfare system in the United States: it far too commonly makes fateful decisions about children and families that are based on errors that, in the absence of a significant check and balance provided by holistic family defenders, would never come to light. As a result, a second meeting was scheduled with the surgeon, Mr. Sanchezs defense team, and the agency. Article 10 Attorney for the Family Defense Practice Team. Brooklyn Defender Services 4.2. Our team is able to navigate the science, medical diagnosis and documentation, retain appropriate medical experts, and contest the validity of some of the questionable science that leads to diagnoses that in turn lead to family separation. Our Medically Complicated Team defends parents facing allegations that stem exclusively from a medical opinion. Hum. Are you concerned that you or someone you know may be arrested by ICE? My professional experiences in New York City include founding and co-directing the Family Defense Clinic at New York University School of Law; serving as a Founding Board Member for the Center for Family Representation; being a member of the Board of Advisors for the New York City Administration for Childrens Services from 1996 to 2013; and, most recently, since 2017, serving as a member of the New York State Commission on Parental Legal Representation.
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