Slide 1
Welcome
ADVOCATING FOR NON-RESIDENT
FATHERS IN CHILD WELFARE
COURT CASES
Lesson 2: Effective Ways to Advocate for Non-
Resident Fathers Outside the Courtroom
Slide 2
Course Background
Some of the material in this lesson comes from the ABA Child Law Practice article series commissioned by the Quality Improvement Center on Non-Resident Fathers and the Child Welfare System, particularly the articles on:
• Representing non-resident fathers (by Andrew Cohen);
• Male help-seeking behavior (by Mark Kiselica); and
• Child support and child welfare (by Daniel Hatcher)
Slide 3
Learning Objectives
• Examine the multiple roles attorneys must
take on when representing non-resident
fathers
• Identify steps to building an effective
attorney/client relationship with a non-
resident father client
• Understand situations that affect a father’s
capacity to be involved with his child(ren)
Slide 4
Learning Objectives
Continued
• Understand how to work with the client and
agency to develop a case plan and identify/
implement services
• Realize the benefits of a father’s involvement
in case planning, services, and FGDM
• Recognize the impact of other court
proceedings on child welfare cases involving
non-resident fathers
Slide 5
Lessons
• Lesson One (90 min.) - Asserting the constitutional rights
of non-resident fathers with children involved in child
welfare proceedings
• Lesson Two (90 min.) - Effective strategies to advocate
for non-resident fathers outside the courtroom
• Lesson Three (90 min.) - Effective strategies to advocate
for non-resident fathers inside the courtroom (Date)
• Lesson Four (60 min.) - Ethical considerations for
attorneys representing non-resident fathers (Date)
Slide 6
Roles of the Attorney
In court and with other parties
• Act as a zealous advocate, sharing the fathers’ story in a compelling way
• Make legal arguments to protect his rights
• Take adversarial or cooperative stances with other parties, depending on the context and case stage
One-on-one with client
• Act as a counselor, explaining the likelihood of achieving his goals
• Remind him of his responsibilities and the work he must do to achieve those goals
Slide 7
Strategies to Build An Effective Relationship
•Fathers may not distinguish between the
court/child welfare system and their own
attorney
•Fathers who do not trust their attorneys may not
give them honest and complete information
•Men seek help and learn differently than women
•Attorneys should learn more about how males
are most comfortable interacting
Kiselica, Mark, “Reaching Nonresident Fathers in the Child Welfare System: Understanding
Male Help-Seeking Behaviors,” 27 ABA Child Law Practice 161, Washington, DC: ABA
Center on Children and the Law (Jan. 2009).
Slide 8
Strategies to Build An Effective Relationship
Tips for working with fathers:
Explain your role in the child welfare system
and who you represent.
Recognize your father client’s life circumstances
and remove barriers to his meeting with you.
Maintain a father-friendly environment.
Help dads stay on schedule.
Learn and practice male-friendly rapport-
building tactics.
•Address your own unconscious biases
Source: Kiselica, Mark. “Reaching Nonresident Fathers in
the Child Welfare System: Understanding Male Help-
Seeking Behaviors,” Child Law Practice (Jan. 2009).
Slide 9
Group Exercise
Do you agree or disagree with the following statements?
• Statement 1: In general, women are naturally better
parents than men
• Statement 2: Non-resident fathers who have had little
or no contact with their child deserve representation
equal to resident/custodial mothers
**Based on an exercise developed by National
Fatherhood Initiative
Slide 10
Strategies to Build An Effective Relationship
Continued
Ensure that the client fully understands that his
attorney will zealously advocate for his rights and
wishes
Inform the father (both in words and by actions) that
counsel is prepared to stand up to the child welfare
agency, other attorneys, and the judge so that the
client’s goals may be achieved
Slide 11
Case Study
• Joseph and Sheryl – 8 year-old Nelson’s biological
parents, never married
• Joseph often visited his son and helped financially
(informally) for years
• 4 years ago, Joseph was arrested and received a 5 year
sentence
• Has had no contact with Sheryl or his son since his
arrest
Slide 12
Case Study
Continued
• Sheryl disappeared 6 months ago and Nelson was placed
in foster care
• Joseph will be released in 3 months and wants custody
of his son
• Joseph fears that the system will work against him and
he’ll end up back in prison if ordered to pay child
support he cannot afford
Slide 13
Questions
• What in Joseph’s background may be causing him to
question whether he can successfully gain custody of
Nelson?
• What are some other barriers that affect a non-resident
father’s capacity or willingness to be involved in his
children's lives?
Slide 14
Barriers to a Father’s Participation
Individual
• Immigration status
• Poverty or child support issues
• Lack of transportation or housing
• Scheduling issues due to other commitments
• Lack of legal paternity
• Literacy, mental health, or substance abuse issues
• Outstanding arrest warrants/pending criminal trials
• Medical issues
• Geographic separation or incarceration
• Feelings of fear, guilt, denial or anger
• Traditional notions of masculinity
Slide 15
Other Barriers to a Father’s Participation
Relational
• Poor relationships between non-resident father and mother/maternal relatives
• Lack of trust in the system
• Communication/language issues
Systemic
• Predisposition of child protective services and
the courts to view dads negatively
• Lack of court or agency policies that promote
early location efforts for fathers
Slide 16
Question
How can the barriers non-resident fathers face be
overcome?
Slide 17
Overcoming Barriers
• Brainstorm ways to overcome barriers with the client
o If transportation is an issue, counsel could suggest
working with the caseworker to obtain transportation
vouchers for court hearings, case plan meetings and
services
o If client has low literacy, counsel should read
important legal documents to him and help identify a
friend or a family member who can assist
with day-to-day literacy requirements
Slide 18
Substantial Communication
The attorney and client must communicate regularly
(including in-person meetings) so that both are fully
informed of any developments that may
affect the case
• Counsel must, during her first discussion with the client,
learn what the client’s desired outcome is
• Counsel must fully explain the nature of the dependency
process along with the risks and benefits of each option
Slide 19
Topic Summary
•Fathers sometimes suffer conflicting feelings
about becoming involved in their child's case
•Fathers often face barriers that hinder
participation in their children's lives
•Attorneys must recognize that fathers may not
distinguish between the court, the child welfare
system, and their own attorney and this can
lead to a less effective working relationship
Slide 20
Topic Summary
Continued
• Counsel must ensure that the client fully understands
that his counsel will zealously advocate for his rights
and wishes
• Counsel must learn what the client’s desired outcome is
• It is critical that counsel explain to the client the
likelihood of achieving his goals and discuss alternatives
Slide 21
Case Study
Continued
• Joseph expressed reluctance to participating in
mandatory services
• He is concerned about:
•how he will fit services in to his work
schedule
•how he will get to and from services since he
does not have a car
Slide 22
Case Plan Development
Practice Tips
• Help him understand that the case plan is the agency’s
roadmap and the need for him to participate in its
development
• Explain the importance of completing services
• Attend all case planning meetings and explain that he
should not sign a case plan that you have not reviewed
and discussed with him
• Ask your client to identify the services he thinks would
benefit him most
Slide 23
Case Plan Development
Practice Tips (continued)
• Insist that the agency identify services that are targeted to his needs and targeted towards males when possible
• Consider whether it is appropriate to help your client secure services through charitable or public agencies outside the child welfare agency
• Ensure that the case plan allows for visitation to become unsupervised and increasingly frequent as appropriate
• Avoid service overload by asking your client regularly if he is attending services and if there are any problems
Slide 24
Relevant State Statutes and Protections
Add specific information about family group decision
making in this jurisdiction
Slide 25
Question
What are the potential benefits and risks for a father who
participates in FGDM?
Slide 26
Family Group Decision Making
• Allows fathers to feel empowered and illustrates that
they have a say in what happens to their child
• Helps decision-makers recognize the resources and
support he and his relatives bring, positioning him (or
them) as a stronger placement option
• Could reveal negative things about the father that
might not have come to the agency’s attention and
could diminish their willingness to support his
involvement in his child’s life
• Info shared may not be kept confidential
• Father’s voice may not be heard
Slide 27
Case Planning/Family Group Decision Making
Practice Tips
• Attorneys should make sure that fathers are prepared
for such meetings by:
o Explaining what will happen at the meeting and who he
may want to bring with him
o Telling the father (if appropriate) that any decisions
made may become part of the case plan or court order
o Encouraging the father to focus on his goals and what
resources and barriers will need to be addressed
Slide 28
Topic Summary
•Counsel must help the father understand the
importance of the case plan and the need for
him to participate in its development
•Attorneys should make sure that fathers are
prepared for decision-making and other case
planning meetings
Slide 29
Case Study
Continued
• Joseph called his attorney to say that he just received
notice that he must go to court to address an alleged
parole violation - which could lead to incarceration
Slide 30
Question
Would it be appropriate for Joseph’s attorney to become
involved in his alleged parole violation case as well?
Slide 31
Impact of Other Court Proceedings
on the Child Welfare Case
Practice Tips
• Make it clear (if accurate) that you represent him in the
dependency proceeding only and that proceeding is
completely separate from his other cases
• If you represent him in multiple matters, explain the
impact
• Consider becoming involved in the other proceeding if
it's related
Slide 32
Impact of Other Court Proceedings
on the Child Welfare Case
Practice Tips (continued)
• If not appropriate to be involved, help him find free or
low cost representation, and/or coordinate with his
other counsel as necessary
• Make sure he understands his 5th Amendment and state
law rights
• Explain the impact of the child welfare case on his child
support obligations
Slide 33
Relevant State Statutes and Protections
Add relevant state-specific information about how this jurisdiction handles court orders that conflict with the child welfare courts’ decision, particularly with
regard to criminal matters and child support
Slide 34
Topic Summary
• Attorneys should assess the potential impact of other
court proceedings on the child welfare case
• Attorneys may need to get involved in another
proceedings
• If counsel represents the father in multiple matters, she
must explain how those cases - and her representation
in them - do and don’t impact each other
Slide 35
Additional Resources
Cohen, Andrew, “Representing Nonresident Fathers in Dependency Cases.” 27 ABA Child Law Practice 145, Washington, D.C.: ABA Center on Children and the Law (Dec. 2008).
Kiselica, Mark, “Reaching Nonresident Fathers in the Child Welfare System: Understanding Male Help-Seeking Behaviors,” 27 ABA Child Law Practice 161, Washington, DC: ABA Center on Children and the Law (Jan. 2009).
Hatcher, Daniel L., “Legal Strategies to Address Child Support Obligations for Nonresident Fathers in the Child Welfare System,” 28 ABA Child Law Practice 65, Washington, DC: ABA Center on Children and the Law (July 2009).
National Quality Child Resource Center for Family-Centered Practice, “Father Involvement.” Best Practice/Next Practice: Family-Centered Child Welfare,” Summer 2002, available at <http://www.hunter.cuny.edu/socwork/nrcfcpp/downloads/newsletter/BPNPSummer02.pdf>.
More information is also available at: www.fatherhoodqic.org
Slide 36
Conclusion
Lesson Goals
• Examine the multiple roles attorneys must take on
when representing non-resident fathers
• Identify steps to building an effective attorney/client
relationship with a non-resident father client
• Understand situations that affect a father’s capacity
to be involved with his child(ren)
Slide 37
Conclusion
Lesson Goals (continued)
• Understand how to work with the client and agency to
develop a case plan and identify/implement services
• Realize the benefits of a father’s involvement in case
planning, services, and FGDM
• Recognize the impact of other court proceedings on
child welfare cases involving non-resident fathers