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
Ann Reyes Robbins, JD, PhD (substitute presenter)
Project TeamU.S. Children’s Bureau
David P. Kelly, FPO
Michigan Law School Chapin HallDon Duquette Fred WulcyznFrank Vandervort Britany OrlebekeRobbin Pott 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
QIC = Quality Improvement Center
•Decentralize Responsibility for Knowledge Development•Promote evidence-based practices•Disseminate information in a way that informs and alters practice at service delivery level.• 1st year Needs Assessment, Research/Demonstration sites, NACC certification, knowledge dissemination.
5 National Quality Improvement Centers
• Differential Response in Child Protective Services http://www.differentialresponseqic.org/ • Early Childhood - formerly National QIC on Preventing the Abuse and Neglect of Infants and Young Children http://www.qic-ec.org/ • Non-Resident Fathers and the Child Welfare System http://www.abanet.org/child/fathers/ • Privatization of Child Welfare Services http://www.uky.edu/SocialWork/qicpcw/process.htm • Representation of Children in the Child Welfare System http://www.improvechildrep.org/Overview/Abstract.aspx
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
10 States Law Summary
• California• Colorado• Connecticut• Delaware• Georgia
• Illinois• Iowa• New York• Texas• Washington
Summaries for remaining states will be added to website
10 Key Areas Summarized
• General Duties• Out of Court – GAL Actions• In Court – GAL Participation• Post-Hearing• Appellate Advocacy
• Cessation of Representation• General Rules• Lawyer Training• Lawyer Compensation• Caseload Levels
General Duties
• Timely appointment• Mandatory or discretionary• Attorney or lay person• Undertake basic obligations• Address conflict situations• Address special needs and disabilities• Accommodate client preferences
Out of Court – Actions to be Taken
• Meet with child• Undertake an investigation• Provide advice and counseling• File pleadings• Request services• Address special needs• Negotiate settlements
In Court – Active Participation in Hearings
• Appear in court• Explain proceedings to client• Present evidence• Ensure child is present• Expand representation into other needed areas• Undertake post-disposition obligations
Post-Hearing
• Review court’s order• Communicate order to child• Monitor implementation of orders
Appellate Advocacy
• Decision to appeal• Withdrawal• Participation in appeal• Conclusion by appeal
Cessation of Representation
• Post-representation contacts, if any
General Representation Rules
• Clear administrative structure for appointment• Support and accountability of the child’s rep.• Child rep.’s independence from the court
Lawyer Training
• Child representative trained• Ongoing training provided• New attorneys mentored by senior lawyers
Lawyer Compensation
• Adequate• Timely• Expenses reimbursed
Caseload Levels
• Caseloads are of a manageable size
NEEDS ASSESSMENT: Law in Practice
• State reports• Notable Offices Site Visits• State Needs Assessment
• Court Improvement Program• CASA• Judges• Lawyers• Caseworkers
• Focus groups at professional meetings.
8 Major Needs Assessment Conclusions
1: Develop Client Bond
Attorneys should be actively engaged with their clients in order to understand their needs and advocate effectively.
Attorneys must engage with children more by having frequent and more meaningful contact. Attorneys should understand the child’s living situation, school, and home life.
2: Effectively Represent Child
Effective representation includes a thorough investigation in order to develop a clear theory of the case and effectively advocate in court.
Attorneys must gain a thorough understanding of their cases in order to develop effective strategies and advocate zealously for their clients.
3: Advocate Outside Court
Attorneys effectively solve problems for their clients by engaging in active out-of-court advocacy.
Negotiating solutions and settlements is an important function of the attorney role. By actively seeking solutions on behalf of the child, attorneys can resolve problems quickly and cooperatively.
4: Holistic View
Attorneys should take a holistic view of the child’s needs.
A child in the dependency system often has needs that cannot be met by the dependency system alone. Often, an attorney must monitor a vast array of services, as well as coordinate other legal issues, such as financial assistance, or educational programs.
5: Comprehensive Training
Practice in this area requires comprehensive training which includes child and family issues.
Attorneys need to understand child and family issues, as well as agency policies and procedures. They should also have solid courtroom skill and grounding in children’s law. Current training of attorneys is ad hoc, lacking a standard curriculum or protocol.
6: Basic & Ongoing Qualification Process
Attorneys must meet initial and ongoing qualification standards.
Children’s law is a highly specialized and complex area of law. Attorneys should meet basic qualifications in order to practice in this area, and should have to meet ongoing requirements, which are monitored and overseen.
7: Attorney Supports
Supports help attorneys accomplish the multiple tasks which allow them to be successful advocates.
Attorneys need supports in order to accomplish all the duties with which they are tasked. Some supports reported to make a difference include administrative help, investigators, social workers, and strong supervision.
8: Caseloads
Caseloads must be reasonable in order for attorneys to accomplish the essential duties of their jobs.
Quality practice requires that the system support adequate time and resources for attorneys.
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:Until court no longer has jurisdiction.
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.
Research Question 1
• Do attorneys credentialed (through training and supervision) in the QIC Best Practice Model of child representation provide better child representation than attorneys who are not so credentialed?
Research Question 2
• Does the credentialed child representation improve safety, permanency, and the aspects of well-being most directly influenced by the child welfare system, or otherwise change the outcome or experience of children in the child welfare system?
Research Question 3
• What is it about the child’s interaction with the child’s legal representative that allows the CR to be more effective in handling the case?
Research Question 4
• Do the answers to these questions vary by the age of the child? Race of the child? Abuse/neglect type? Permanency type?
QIC Theory of Change for Attorney Behaviors
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
DisseminationSubmit Questions to: [email protected]
