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Introduction Lila Newberry Bradley Program Director Training, Referrals, Court Liaison, Administration Lynn Goldman Managing Attorney Case Support, Private.

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Presentation on theme: "Introduction Lila Newberry Bradley Program Director Training, Referrals, Court Liaison, Administration Lynn Goldman Managing Attorney Case Support, Private."— Presentation transcript:

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2 Introduction Lila Newberry Bradley Program Director Training, Referrals, Court Liaison, Administration Lynn Goldman Managing Attorney Case Support, Private Deprivations

3 Legal or Social Background? State, Federal, or Common Law? Substantive Law or Procedural? Chicken or Egg? Where Should We Start?

4 Deprivation, Diligent Search, Case Plan, Citizen Panel, Permanency DFCS, CCFA, ASFA, CAPTA, APPLA, CASA New Jargon and Acronyms

5 Deprivation/dependency Case worker/Case manager Attorney ad litem, guardian ad litem, law guardian, child advocate, child attorney Case plan or 30-day case plan Changing Jargon

6 What Is The Volunteer To Do? Use the glossary Don’t hesitate to ask for clarification—everyone knows you are a volunteer! Call AVLF for help.

7 What Happened Before We Get Involved? Poverty, drugs, mental illness Complaint to DFCS DFCS investigation Judicial authorization to remove the child Removal of child from the home Probable cause hearing

8 Who is Involved? The Child The Parents Relatives DFCS Social service agencies— ”wrap-around provider,” “CCFA provider” Juvenile Court Attorneys for Everyone? Kenny A

9 The Child In 2007 in Fulton County: 4,974 total reports of child maltreatment –416 screened out –1,739 diverted –2,819 investigated 1,402 substantiated incidents of child maltreatment in Fulton County 876 children removed from their homes by Fulton DFCS 534 removed for neglect 174 removed for drug or alcohol use

10 DFCS: The State Division of Family and Children Services (DFCS) Serves involuntary clients Case workers testify against the parents, then must with parents to develop a case plan Child views the case worker as someone who is “destroying” their family Concurrent planning sends “mixed messages” to the family and the child Not enough placement resources and services for the child and family High caseloads, low salaries, lower respect, high level of liability Pressure to comply with Kenny A Consent Decree

11 The Special Assistant Attorney General SAAG Attorney in private practice Appointed by the State Attorney General to represent DFCS Public interest attorneys interested in child welfare (lowest hourly rate of all SAAGs )

12 The Child Advocate Attorney Being a child advocate attorney is a career choice! Fulton County has 14 CAA, who are under pressure to comply with the Kenny A Consent Decree High case loads, high stress, but always willing to help

13 Kenny A 6/6/2002: Plaintiffs file complaint against State of Georgia and Counties of Fulton and DeKalb 8/18/2003: Class is Certified by the Court 2/8/2005: Judge Shoob denies defendants Fulton and DeKalb Counties’ motion for summary judgment and rules that “foster children have both a statutory and a constitutional right to counsel in all deprivation proceedings.” See http://childwelfare.net/activities /research/representation/KennyAOrder20050207 summary1.htmlhttp://childwelfare.net/activities /research/representation/KennyAOrder20050207 summary1.html 10/27/2005: Court approves settlement between plaintiffs and State and issues Consent Decree 5/16/2006: Court approves settlement between plaintiffs and Fulton County and issues Consent Decree

14 Referral to One Child, One Lawyer Guidelines include young children,no serious incident of physical or sexual abuse Appearance at initial hearing Calls to volunteers Order of appointment Delivery of file Accompanying the volunteer to subsequent hearings

15 How to Approach the Case DO NOT impose your personal values upon the family—you haven’t lived their lives DO NOT demonize the parents, especially in the presence of the children—you cannot help a family you hold in contempt DO NOT condemn DFCS DO work with the child’s extended family

16 What if I have questions? Call or email Lynn Goldman or Lila Bradley—we are here to help! If we don’t know the answer, we can find the answer—if it exists. Some questions don’t have an answer.

17 Your “One Child, One Lawyer” Contacts Lila Newberry Bradley Program Director lnbradley@avlf.org Office: (678) 681-6001 Mobile: (404) 731-5414 Lynn Goldman Managing Attorney lhgoldman@yahoo.com Mobile: (404) 275-9678


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