See N.Y. County Law 722(3) (McKinney 2020). Our Medically Complicated Team defends parents facing allegations that stem exclusively from a medical opinion. The plan was to update the judge on Ms. Andersons progress and to request that the court schedule a formal hearing to determine if it still was necessary to keep the baby in foster care. 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. Brooklyn Defender Services serves communities in the State of New York. 30+ days ago. Part IV, the heart of the Article, describes accounts of actual cases undertaken by this new breed of family defenders, to help explain their superior ability to achieve the objectives of keeping children safely with their families. Martin Guggenheim, New Study Shows Providing Parents with Multidisciplinary Legal Representation in Child Welfare Cases Furthers Everyones Interests, 20 Child.s Bureau Express no. 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. Lawyers Assn, 763 N.Y.S.2d at 407 (finding that because of the rate levels assigned counsel do not . Being involved at the earliest stages of a case in designing a case plan, or in accurately assessing the needs (if any) of a parent, is a critical step in minimizing the amount of time children need to spend in foster care because the most important factor courts consider when deciding whether to return children from foster care to their family is whether the circumstances that led to the placement have sufficiently changed. 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. 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. If Mr. Sanchezs lawyer had been a very good solo practitioner from the court-assigned panel, he would have advised Mr. Sanchez to get the surgeon to write a letter saying that Mr. Sanchezs preference to take his son to Mexico for another try at nonsurgical treatment was reasonable. In addition, the social work staff helped Ms. Green coordinate and expand visitation. Based on the allegations alone, the agency believed that Ms. Green needed to complete both anger management and a parenting class to secure the return of her daughter. of 12th graders in Family Foster Care graduated high . Def., https://neighborhooddefender.org/services/family-defense/ (last visited Sept. 19, 2020). 66. Our goal is to keep families safely together or reunify families as soon as possible when separation occurs. They help their clients persevere what is otherwise a long, lonely, and frightening journey by staying in close, regular contact with them. 44. Brooklyn, NY, US. The office created a community intake program, allowing residents in the community to secure legal representation before they have been charged in court with neglect and before they are legally entitled to court-assigned counsel. Brooklyn Defender Services 177 Livingston St., 7th Fl. Brooklyn, NY 11201. And once the amount of visits was increased, the next step eventually would be returning Sophia to Ms. Greens custody. 28. But the defender community maintains meaningful pressure on the system to live up to this rhetoric. & Fam. 96%. In re Ella B., 285 N.E.2d 288, 290 (N.Y. 1972). See Meyer v. Nebraska, 262 U.S. 390 (1923); Pierce v. Socy of Sisters, 268 U.S. 510 (1925); Prince v. Massachusetts, 321 U.S. 158 (1944); Wisconsin v. Yoder, 406 U.S. 205 (1972). Rev. And when trouble brews and the local newspapers criticize government officials for failing to protect a child from harm (an unavoidable part of this work), the defender community actively participates in supporting the relatively low foster care population. 93. The first was that Ms. Barrow was in jeopardy of being evicted from her apartment. The goal was to secure evidence from an independent, well-respected therapist that Ms. Green possessed the temperament and capability of raising her child safely. When the conference took place one day after the babys birth, the defense teams social worker and parent advocate attended with Ms. Barrow. When these errors are not revealed, the official record supports the erroneous conclusion that a child was removed from a parents home for a substantial reason. Commn on Parental Legal Representation, Interim Report to Chief Judge DiFiore 1215 (2019). Brooklyn Defender Services is a public defense office whose mission is to provide outstanding representation and advocacy free of cost to people facing loss of freedom, family separation. What services have they completed? Ms. Green did not provide a clear answer, and she said she wondered whether it happened when Sophia fell off a bed. In late 2016, Ms. Barrow, the parent of a ten-year-old child and a one-year-old child, was charged in family court with neglect resulting from her struggle to manage the challenges of mental illness and a cognitive disability.68 The petition was filed shortly after she was discharged from a short-term hospitalization for mental health treatment. But it simply could not have happened without an interdisciplinary team assigned to the case. See N.Y. Fam. Mr. Sanchez was permitted to take his son to Mexico for the treatment he preferred. Brooklyn Defender Services (BDS) is one of the largest public defense providers in the United States. Family Defense Practice. 69. Add to those situations the countless cases where, even though the out-of-court advocacy failed to dissuade the agency from filing a petition, the agency was persuaded not to seek a removal of the child. 98. But the offices nonetheless prevented foster care entirely because of out-of-court advocacy. In most of these cases, the mother is already represented by a lawyer. 1337, 133839 (2012). Our work with clients is focused on the intersection . 19, 1989). That was the critical step that led to the successful resolution of the case. mediarequests@bds.org. 27. Thousands of families face the possibility of separation due to a wide range of circumstances, mostly stemming from poverty, lack of stable housing or child care, mental health or health diagnoses or intellectual disabilities. Although the courtroom remains an important site for excellent representation of parents in child welfare cases, no less important legal work needs to occur elsewhere. Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. For current information on these offices, see Family Defense Practice, Bronx Defenders, https://www.bronxdefenders.org/our-work/family-defense-practice/ (last visited Oct. 18, 2020); Family Defense, Brooklyn Defender Serv., http://bds.org/practice/family-defense/ (last visited Oct. 18, 2020); Family Defense Teams, Ctr. View info about Brooklyn Defender Services (bds.org). The notes of the interviews are on file with the author. info@bds.org. Because Ms. Green could not say with certainty what caused the skull fracture, the defense team relied on an expert who analyzed the X-rays and determined that they were fully consistent with an accidental fall, thus providing the needed evidence that Sophias injury was not necessarily the result of abuse. 718-564-6290. 3 TO PENNSYLVANIA AVENUE. 84. General Inquiries. Other times, the agency has been involved with the person in other ways, for example, when a young woman in foster care becomes pregnant. Res. Codes R. & Regs. 85. Fighting for you, your family & our community. 8. After the baby was born, the agency convened the anticipated child safety conference. See National Alliance for Parent Representation, Am. 18, 428.6 (2020). Unfortunately, a complication temporarily derailed the effort just when the team was hopeful for a satisfactory resolution of the visitation motion and the underlying petition itself. One such example involves what should happen when a parent is required to perform a certain service that is covered by Medicaid or other programs when the service provider will not commence the service until the funds are made available to it. A non-profit public defense office in Brooklyn, New York. Brooklyn Defender Services Aug 2017 - Aug 2019 2 years 1 month. As defenders, we represent people accused of a crime, parents threatened with child removal, immigrants facing deportation, and students, workers and tenants whose education, employment and housing are at risk due to legal cases. There are too many heroes in those offices to name here; this Article is a celebration of the remarkable work they do every day supporting and fighting for justice for the many parents living in poverty who have to endure the coercive intervention of the child welfare system. 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. Easily apply. BDS is a public defense office representing low-income New Yorkers in criminal, family, immigration, and civil legal matters. The company is headquartered in Brooklyn, New York. To counter this concern, the team asked that the court order an additional service calculated to provide the best opportunity to demonstrate that Sophia should be in Ms. Greens care. The Center houses the National Alliance for Parent Representation, a leadership group of more than thirty professionals committed to upgrading the quality of legal representation made available to parents in child welfare proceedings throughout the country. The third office, the Center for Family Representation (CFR), was a relatively new start-up 501(c)(3) office whose only purpose was to provide legal representation for parents in child welfare cases. . for Child. Popular Searches Brooklyn Defender Services Bds In 41 cases, the children were placed with one of their parents, and in 17 cases children were placed with relatives of their parents choosing. Our team of attorneys, paralegals, advocates, social workers and administrative staff provide a broad range of family defense representation, advocacy and support. But, as the examples in this Article show, the offices undertake significant out-of-court work that dramatically impacts the child welfare practice in New York City. The final order terminating her parental rights was entered a mere six weeks before Ms. Anderson, now in the late stages of her pregnancy, met with social workers at the unit. 81. But no one in the court administration or local government positions in New York had any experience designing or maintaining a legal services delivery system for parents in the child welfare field. 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. 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. The agency agreed to settle the case and allow Sophia to be returned to her care if Ms. Green accepted responsibility for the original injury sustained by her daughter (as an act of neglect instead of abuse) with a plan to end entirely supervision of the case in six months if nothing untoward happened during that time. Work Prac., The Bronx Defenders). Ms. Green was a single parent of an eight-month-old daughter, Sophia. of BDS' family defense clients were reunited with their children at the conclusion of their family court case. Article 10 Attorney for the Family Defense Practice Team. 384-b(7)(f)(1). . Effects of an Interdisciplinary Approach, supra note 1, at 45. This is the third in a series of articles discussing the results of child welfare cases in which parents in New York City were represented by a new form of legal services provision: family defender offices whose staff include social workers, parent advocates, and lawyers. See, e.g., In re Philip M., 624 N.E.2d 168 (N.Y. 1993). As a result, a second meeting was scheduled with the surgeon, Mr. Sanchezs defense team, and the agency. As Ms. Barrow and her defense team were making these strides, two intervening actions were taking place, either of which had the potential to negatively impact the prospects of a successful outcome. The family defender system characterized by the work performed by the New York City offices is a significant contribution to the child welfare field. Unless otherwise noted, the discussion in this Article concerning the history and practice of parental representation in New York City is based on my own experience and knowledge from almost fifty years of working in this area as a litigator, clinical professor, scholar, policy advocate, and board member and advisor for government agencies and nonprofit organizations. & Youth Servs. 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. 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/. Social Worker - Mental Health Practice. The teams social worker met with Ms. Barrows medication management provider to develop a plan for re-engaging with her medication upon the birth of the baby. 62. 99. Very commonly, abuse petitions involving physical injuries to children are filed in the absence of direct evidence concerning how the injury was sustained. Instead, the agency has conducted the conferences within a day or two after a newborns birth, at a time when the mother is not in a position to participate effectively. The social worker from the defense team examined the extensive x-rays of Eduardos hip with Mr. Sanchez and the surgeon. 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. Part II briefly describes the findings in the quantitative analysis. Such services might include attending parenting skills or anger management classes, or participating in therapy, counseling, or drug treatment programs. Part I provides a brief history of parental representation in New York. The representation she received simply would have been impossible for most individual panel attorneys to match. The defense team not only was able to achieve the return of Ms. Andersons daughter to her custody, it resolved the entire case, eliminating further need for court appearances. . In many cases when parents are well-represented at the administrative level, what happens in court is anti-climacticthe outcome of all that went before at the agency meetings. Serv. 6 days ago. Where reunification is not possible, we work to achieve the most favorable resolution possible to preserve the familys bond whenever possible for the benefit of the parent and the child. Richard LaFontaine. In an effort to settle the case promptly, the defense team requested a court conference where they explained to the agency attorney and caseworker, as well as Eduardos court-appointed lawyer, what transpired since the petition was filed. When Mr. Sanchez told the surgeon that he would not consent to the recommended surgery, the surgeon made a call to the New York Statewide Central Register of Child Abuse and Maltreatment, which resulted in an investigation being commenced by the local child protection agency.84. Jail Services Attorney/Advocate. For over 50 years, SCO's Foster Care practice has been helping children and their families grow, heal and thrive. There is no question that the in-court advocacy engaged in by the family defender offices is of a much higher order than that practiced by the panel lawyers, as the qualitative study attests. 382 (2019) [hereinafter Accidents Happen]. This meant the team not only had to work towards regaining the custody of her two children; it would have to prepare for the possibility that the agency would seek the removal of her newborn. Prior to joining the faculty at Brooklyn Law School, Professor Lorr was a Supervising Attorney at Brooklyn Defender Services Family Defense Practice, providing free legal representation to parents at risk of losing their children to foster care. At the end of the six months, the case was dismissed. The prior quantitative and qualitative studies focused exclusively on outcomes of cases and on the views of professionals who see the work of the family defenders in family court. Brooklyn Defender Services (BDS) is seeking Experienced Attorney's for the Criminal Practice's legal team. These criminal justiceoriented officials gave the role of representing parents in child welfare cases to solo practitioners from an assigned panel of available lawyers.10 These lawyers, known colloquially as panel lawyers, were already being used to represent parties eligible for court-assigned counsel in juvenile delinquency proceedings, among a number of other specialized areas of the law.11 These lawyers generally did not work in an interdisciplinary way. Brooklyn, NY. & Youth Servs. FAMILY DEFENSE. BDS provides innovative, multi-disciplinary, and client-centered criminal, family, and immigration defense, as well as civil legal services, social work support and advocacy, for tens of thousands of clients in Brooklyn every year. The case examples described in the previous section were provided to give the reader some sense of how the defender offices are able to achieve dramatically better results for their clients as compared with the panel members assigned to represent parents. 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. They also develop training materials to enrich and support the Family Defense Practice. .). BDS is a public defense office representing low-income New Yorkers in criminal, family, immigration, and civil legal matters. [Our lawyer] was a friend. 70. We push for equitable and humane policies by advocating for better laws, filing systemic litigation and educating the public. Commn on Parental Legal Representation Pub. 25. Res. See N.Y. Cty. Article 10 Attorney for the Family Defense Practice Team. 64. The previous studies limited their focus to quantitative outcomes achieved at court or to reporting the views of stakeholders focused on the differences between the two kinds of representation made available to parents in New York City.58 This Article starts where the prior two articles left off. In addition, they must be reviewed periodically and formally retained to remain active members of the panel. 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. 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. 10. It set up a meeting with the surgeon and invited the child protection agency to attend so that it could hear the more complete picture. Apply to Social Worker, Social Work Supervisor, Staff Attorney and more! In the year before the petition was filed, Eduardo sustained an injury that required medical attention. 71. Instead, in New York City, the task was given to the Mayors Office of the Criminal Justice Coordinator, which had deep knowledge of the criminal justice system but no experience with the child welfare system. Each of the four family defender offices in New York City has created specialized projects of one sort or another. Commn on Parental Legal Representation Pub. medical, dental, optometrical or surgical care, though financially able to do so or offered financial or other reasonable means to do so . Commn on Hum. P 646-971-2722. The Bronx Office was part of a larger organization whose principal work was indigent criminal defense. Because the agency caseworker failed to attend this medical conference, however, the agency continued to insist in court that the surgery was required and assert that the surgeon considered Mr. Sanchezs refusal to consent to the surgery as placing Eduardo at serious risk of harm. Brooklyn Defender Services (BDS) is seeking Entry Level Attorney Candidates for the Family Defense team. . The clogged courts calendar, however, meant that the court could not conduct the evidentiary hearing immediately. The teams strategy was to have two opportunities to present the judge with positive impressions of the mother even before conducting the formal hearing seeking the babys return to her custody. Brooklyn Defender Services177 Livingston Street, 7th FlBrooklyn, NY 11201, Brooklyn Defender Services156 Pierrepont StreetBrooklyn, NY 11201, Brooklyn Defender Services566 Livonia Avenue Brooklyn, NY 11207. In those situations, there is no way to give credit to the kind of legal representation the parent was given when comparing outcomes of cases between those handled by panel lawyers and multidisciplinary offices. Ct. Apr. When the doctor requested more x-rays, the caseworker explained that she could not remain for the conference after the tests came back. But, arguably even more importantly, there is an administrative process that, in many cases, begins before the court proceedings and, in all cases, continues on a separate path during the court process. The units signal distinction is making sure that someone from the defense team is present at the hospital when the baby is born and is available to participate in all meetings the agency will arrange to discuss the plan. Brooklyn, NY. What follows are case examples of how the offices achieved great success for their clients.67 They are offered both to bring to life how the offices do their work and why everyone committed to a better-functioning child welfare system should want offices like this practicing throughout the country. In those counties, the only legal representation afforded to parents in these proceedings was the assignment of solo practitioners who were members of the assigned counsel panel of attorneys eligible for court assignment. Senior . Email Us. Caseworkers visit parents in their homes and talk to them and their service providers on a regular basis. Our Law & Appeals attorneys work on special legal proceedings, including appeals and special motions in family court.
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