National Quality Improvement Center on the Representation of Children in the Child

Welfare System

Steps Toward Evidence-based Practice San Diego International Conference on Child and

Family Maltreatment January 24, 2011

Project TeamU.S. Children’s Bureau

David P. Kelly, FPO

Michigan Law School Chapin HallDon Duquette Fred WulcyznFrank Vandervort Britany OrlebekeRobbin Gonzalez Andrew Zinn

American Bar FoundationRobert Nelson & Elizabeth Mertz

KidsVoice of PittsburghScott Hollander & Jonathon Budd

National Association of Counsel for ChildrenMaureen Farrell-Stevenson & Amanda Donnelly

Advisory Committee• Maryellen Bearzi - Protective Services Division, New

Mexico• Frank Cervone – Support Center for Child Advocates,

Philadephia• Kay Farley – Nat’l Center for State Courts• Martin Guggenheim, NYU Law School• BJ Jones – ND Tribal Judicial Institute• Mimi Laver – ABA Center on Children and the Law• Hon. Patricia Martin – Chicago; NCJFCJ• Michael Piraino – National CASA• Carol Wilson Spigner, U of Penn Social Work• Mark Testa – UNC Social Work• Nancy Thoennes, Center for Policy Research, Denver• Casey Trupin – Columbia Legal Services, Seattle

Quick!! What’s a QIC?• Five QICs in 2001•Decentralize Responsibility for Knowledge Development•Promote evidence-based practices•Disseminate information in a way that informs and alters practice at service level.• QICs on several topics.• 1st year Needs Assessment, Demo sites, dissemination.

QIC-ChildRep Purpose

1.To gather, develop and communicate knowledge on child representation, 2.Promote consensus on the role of the child’s legal representative, 3.Sponsor Research and Demonstration projects to gain empirical evidence as to how legal representation for the child in child welfare cases might best be delivered.

Project Overview:

• National Needs Assessment • State of ChildRep 2010• Research/Demonstration Projects• NACC Certification• Knowledge Development and Dissemination

www.ImproveChildRep.org

On a Mission to Improve Justice for Children Through Knowledge Development and

Dissemination

Needs Assessment 1st Year Product

• Information collected on existing academic research, policy, and practice

• Integrated from many sources, including state laws, journal articles, government and foundation issued reports, and State reports

• In-person and phone discussions with a wide range of policy makers and practitioners.

NEEDS ASSESSMENT: Law on the Books

Reviewed: • State laws governing child representation.• Model Acts• Literature and Scholarship

NEEDS ASSESSMENT: Law in Practice

• State reports• Notable Offices Site Visits• State Needs Assessment

• CIP Directors• CASA• Judges• Lawyers• Caseworkers

•. Focus groups at professional meetings.

Major Needs Assessment Results - 1 •Attorneys should be

actively engaged with their clients in order to understand their needs and advocate effectively.•Effective representation includes a thorough investigation in order to develop a clear theory of the case and effectively advocate in court. •Attorneys effectively solve problems for their clients by engaging in active out-of-court advocacy.

Major Needs Assessment Results - 2

•Attorneys should take a holistic view of the child’s needs. •Practice in this area requires comprehensive training which includes child and family issues. •Attorneys must meet initial and ongoing qualification standards. •Supports help attorneys accomplish the multiple tasks which allow them to be successful advocates. •Caseloads must be reasonable in order for attorneys to accomplish the essential duties of their jobs.

QIC Best Practice Model of Child Representation

Needs Assessment led to the development of a comprehensive Model of the current thinking about how best to represent children in the child welfare system.

QIC Model of Child Representation

PART ONE:GENERAL DUTIES

1.Appointment timely; protect child disrupting as little as possible; accommodate child’s wishes; 2.Out of Court: Meet with child, investigation, establish and maintain relationship, counsel child, pleadings, problem solver.3.In-Court: Active participation, client explanation and presence, ancillary actions.4.Post Hearing: Review and monitor all orders; communicate with child.5.Appellate Advocacy: Yes.6.Cessation of Representation:

QIC Model of Child Representation (2)

PART TWO:ORGANIZATIONAL

SUPPORTS7.Administrative structure for appointment support and accountability. CR is independent from the court.8.Lawyer Training: CR is qualified; receives on-going training.9.Lawyer Compensation: Adequate and timely10.Caseload Levels: Manageable size.

NACC CERTIFICATION

• NACC Certifies Lawyers as Specialists in Child Welfare Law. • QIC will support certification.• Allowing 200 lawyers per year for the next four years to receive cost waivers.• $300 vs. $600 per lawyer.

Research Phase

•What does the child representative do that makes a difference in a child’s life?•Who should represent the child in such proceedings? A lawyer? A CASA? A social worker? A team?•What organizational structure best delivers legal services for a child?•How should the child's representative accommodate the child's wishes in setting the goals of the advocacy?

RESEARCH AND DEMONSTRATION PROJECTS

•Open and transparent process.• RFP posted on January 5•Invite state programs to submit.•Seeking 2 partners @$300,000 p/yr for four years.•Proposals due February 18

Research and Demonstration Projects• Decisions announced March

18• Effective date of grants:

April 15• Begin providing services

May 16• Chapin Hall the evaluator.

Seeking R&D Partners•Eligible jurisdictions could include a state, a region or portion of a state, a large county or city or a university partnering with such entities.• Implement the QIC-Child Rep Best Practice Model of Child Representation .• Applicants must be willing and able to randomly assign lawyers to two groups a treatment group and control. We require at least 100 lawyers, 50 in each group.• Adopt an on-line data system of case management for both the treatment and control groups. 

Knowledge Development and

Dissemination•Website attempts to gather all the knowledge available about child representation in child protection cases.•State laws collected in common format.•Academic research articles.•Our full Needs Assessment.•Other material helpful to states interested in improving their system of child representation. • Website: www.ImproveChildRep.org

www.ImproveChildRep.org

On a Mission to Improve Justice for Children Through Knowledge Development and

Dissemination