National Children’s Law Office Symposium Creating and Running a Model Children’s Law Office

January 18 ­ 20, 2007 University of Colorado School of Law Wolf Law Building / Boulder, Colorado

Sponsored by the National Association of Counsel for Children NACC

In Cooperation with the American Bar Association Center on Children and the Law

and The Colorado Office of the Child’s Representative

Hosted by the University of Colorado School of Law Juvenile and Family Law Program

Post Symposium Session Notes and Findings

June 2007

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Table of Contents

Introduction ……………………………………………………………………………………....…...…...1

Session 1­A – Youth Involvement and Client Outreach ……………………………………………..........2

Session 1­B – Multidisciplinary Practice, Case Consultation, and Caseloads …………………...…….….6

Session 2­A – Business and Strategic Plans / Organizational Structure and Fund Development ….....….10

Session 2­B – Training and Certification …………………………………………………………….......15

Session 3­A – Leadership and Supervision ……………………………………………….…………...…18

Session 3­B – Policy and Legislation ……………………………………………………...………..……23

Session 4­A – Community Credibility, Networking, and Developing Collaborative Relationships .........27

Session 4­B – Written Office Policies, Practices, Procedures and Cultural Competence………………..30

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Introduction

The Children’s Law Office Project (CLOP) is a program of the National Association of Counsel for Children (NACC) designed to create a national network of children’s law offices and improve the delivery of legal services to abused and neglected children through improved child welfare law office operation.

The practice of child welfare law is complex and dramatically impacts the lives of thousands of children and families each year. Attorneys representing children must possess expertise in state and federal substantive and procedural law, trial advocacy and dispute resolution, collateral proceedings, community resources and services, family dynamics, and child maltreatment and development. It is an increasingly complex and specialized field. In 2001 the American Bar Association (ABA) designated the practice of child welfare law as a formal legal specialty. 1

The delivery of child welfare legal services requires a practice infrastructure which provides the attorney with the necessary time, compensation, and resources. The NACC believes that one of the best mechanisms for delivery of high quality legal services to children is an institutional structure that allows multiple attorneys to focus their attention on the representation of children in general and the representation of children in child welfare proceedings in particular – in other words, a dedicated child welfare law office. However, there are relatively few such offices in the country and existing offices often function without adequate resources, guidelines, or opportunity to collaborate.

On January 18­20, 2007, the NACC, in cooperation with the American Bar Association Center on Children and the Law, the Colorado Office of the Child’s Representative, and the University of Colorado Juvenile and Family Law Program, held the National Children’s Law Office Symposium in Boulder, Colorado. The Symposium entitled, Creating and Running a Model Children’s Law Office, was a gathering of the country’s leading child welfare law offices for the purpose of creating best practice models for the delivery of legal services to children in the abuse, neglect, and dependency court system. The Symposium also served as the introduction to the Child Welfare Law Office Guidebook (the Blue Book). The Blue Book is a collection of 33 best practice guidelines intended to move child welfare law offices toward model practice. It is organized by three areas of operation: administration, development, and program. Within these categories are guidelines and commentary developed by the CLOP staff and advisory board to promote best practices in the delivery of legal services to children.

During the three day Symposium attendees participated in a series of interactive sessions designed to address the most pressing concerns of offices that represent children and how to implement the Blue Book guidelines. Below is a report on those sessions: who attended, the issues addressed, and the recommendations going forward. For additional information on the Children’s Law Office Project, the CLOP Symposium, or to obtain copies of any of the resources listed below, please contact the NACC at: (888) 828­NACC or advocate@naccchildlaw.org.

1 The ABA defines Child Welfare Law as follows: “The practice of law representing children, parents or the government in all child protection proceedings including emergency, temporary custody, adjudication, disposition, foster care, permanency planning, termination, guardianship, and adoption. Child Welfare Law does not include representation in private child custody and adoption disputes where the state is not a party. Lawyers certified in Child Welfare Law must be knowledgeable in the state and Federal laws applicable to child protection and foster care. A specialist must also understand relevant principles from child development and psychology regarding individual and family dynamics and appropriate treatment modalities for child abuse and neglect and be capable of recognizing the professional responsibility and ethical issues that arise out of the client's status. Lawyers certified as specialists in Child Welfare Law should also be proficient in the skills of interviewing and counseling child clients.” ABA Standing Committee on Specialization Approval of NACC Definition, Standard 4.05(C), July 26, 2001.

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Session 1­A – Youth Involvement and Client Outreach

Session 1­A focused on Blue Book Guideline B­2 which states, “a child welfare law office should conduct client outreach activities and involve youth in the design and evaluation of the office’s program.”

The session was facilitated by Leslie Starr Heimov, Children’s Law Center of Los Angeles and two youth trainers, Janay E. and Tana W. Attendees included:

Beumer Ashley Voices for Children St. Louis MO Booth William Legal Aid Society JAP & FCP FL Ciuffa Barbara Barbara J. Ciuffa, Attorney MI Collard Beth Advocacy, Inc. NM Conwell Susan Kids Matter WI Daniels Thomas Regina Juvenile Law Group ­ Legal Aid and Defender Association MI Dobrev Cara Legal Aid Society of Orange County FL Douraghy Sahar A Center for Children & Family Law, Inc. CA Flynn Robinson Colene University of Colorado School of Law CO Glynn Gerry Barry University School of Law FL Jones Jacinta DeKalb County Child Advocacy Center GA McGrath Liz Pegasus Legal Services for Children NM Meek Colline Oklahoma Indian Legal Services, Inc. OK Nakayama Kelli Legal Services for Children, Inc. CA Schane Tamara Legal Advocates for Children & Youth CA Unruh Vanji Alameda County Bar Association CA Warring Robert Alameda County Public Defender ­ Dependency Division CA Wichman Marcy Legal Aid Society of Milwaukee, Inc. WI

Client Outreach Child welfare law offices that primarily practice in the dependency system usually receive their clients through court appointment. Therefore, traditional client outreach activities are not always appropriate. However, there are still many opportunities for child welfare law offices to conduct client outreach and help other youth who also need assistance. Some suggestions are:

1. Create Youth Advisory Boards – Youth are often more willing to communicate with other youth, and may be more apt to share their experiences and thoughts with peers.

2. Take on Other Types of Cases (not Dependency) – For example, emancipation is one area where a child welfare law office could provide assistance. Many youth aging out of foster care have few independent living skills. A child welfare law office should engage in activities designed to reach this population and make older youth aware of available services.

3. Engage in Collaboration and Community Involvement – Community outreach can lead to client outreach. There are many low cost or no cost ways to increase awareness of the child welfare law office and its services and help clients in process. Possible community outreach activities include: • “Know Your Rights” presentations or legal clinics at local high schools or community

organizations • Regular office hours at local high schools where youth can obtain information or referrals • Visit local shelters

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• Hold regular staffings or trainings with other volunteer organizations and community agencies so that all parties are aware of available resources

• Client gatherings with child welfare law office staff and outside community groups

4. Connecting Youth with Other Youth – In California there is a movement to connect youth, which has resulted in foster youth clubs, youth summits, and foster youth websites. In particular, California Youth Connection is an organization driven by current and former foster youth and other community members. CYC promotes the participation of foster youth in policy development to improve the child welfare system. CYC offers their services to other states who wish to develop this type of program. Foster Care Alumni of America is another similar organization.

Tips for overcoming financial barriers to client outreach: 1. Include outreach activities as part of the office’s grant proposals. 2. Utilize fellowships – Fellowships are available at little or no cost to the child welfare law office

and are a great resource to supplement staff time. Major fellowship programs include the Skadden Fellowship and the EquaJustice Fellowship.

3. Utilize interns.

Youth Involvement Lawyers never admit that they do not speak with their clients. However, foster youth across the nation overwhelmingly report that they rarely speak with their lawyers, and when they do, it is not in a private setting. The two youth trainers at the Children’s Law Office Symposium painted a similar picture. Tana W., who has been in the system for the past four years, has spoken with her GAL twice. Despite her desire to attend court, she has never been present at her hearings. Janay E. is now aged out of foster care, but reports that she had little contact with her GAL in the six years she was in care.

Tips for Working With Youth 1. Determine Your Client’s Needs and Work to Get Those Needs Met – Youth involvement can be

challenging, and in many cases, youth may not initially trust their attorney or want to communicate with them. However, a client will trust his or her attorney once the attorney proves trustworthy, and a client will ask for assistance when the attorney proves they can get something accomplished.

2. Be Persistent – Youth in this situation are dealing with a variety of emotions and will likely be angry, upset, and frustrated. A child’s attorney cannot give up establishing a relationship because the youth client is initially unresponsive. The attorney must be a consistent presence in the child’s life. Make sure clients always have your business card and contact information, so that they can communicate when they are ready.

3. Relationship Building and Communication are Critically Important – An attorney needs to validate what the youth client wants and should never disregard the client’s wishes. The attorney can learn much more by listening than by talking. In addition, do not pretend to know what your client is saying (if you don’t) and don’t try to be “cool.” If you don’t understand what your client said or meant, be honest and ask. This candor can help to establish a connection with the client and gain their respect. Be genuine and honest with your youth clients. Kids know who is real and who is being fake.

4. Meet With Your Clients – Youth do not want to speak to a middleman (such as an investigator), they want to speak to their attorney. When the message is relayed through a third­party there is

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always a fear that the message will end up being inaccurate. Another way to alleviate this fear is to encourage the youth to attend their court hearings and hear what is being said first­hand.

5. Meet with Your Clients at a Location Where the Client Feels Comfortable – In particular, an attorney should always respect the client’s wishes about whether to visit at school. Home visits are always important. Attorneys should also ensure that their clients feel welcome to visit the attorney’s office, if they wish.

6. Listen to Your Client – An attorney needs to really listen to the client and ask questions. In addition, an attorney should zealously advocate for the client’s position. However, for many youth, the outcome is less important than the simple fact that their voice was heard.

Ways to Get Youth Involved 1. Youth Advisory Boards – A few examples of Youth Advisory Boards include:

• United Way Bridging the Gap Youth Advisory Board – This board is open to anyone who wants to be involved. Meetings involve large, group discussions involving all participants. Youth develop the agenda. This seems to have increased participation.

• Denver Human Services Youth Advisory Board – This board is focused on community service activities based in the youth members’ neighborhoods

2. Youth Board Members – It is often difficult to involve youth on an adult board. Simply giving youth a physical seat at the table will not promote honest and useful discussion. In addition, adults have to feel comfortable keeping the discussion on track. At a minimum, there must be adequate preparation with youth members prior to the board meeting.

Another way to involve youth on an adult board is through the Jim Casey “diarist” program. Generally, through this program foster youth attend adult meetings and report on the meeting from their perspective. This process helps organizations gain youth input and perspective. The Casey program will pay for youth to be trained as diarists.

3. Youth Participation in Court – Attorneys should always encourage clients to attend court. Youth need to feel that they are a valued and necessary part of the court process. Youth can also become informed and involved in the court process beyond his / her individual case. For example, the Bridging the Gap program in Denver recently held “Java and Juice” – an informal meeting in Denver between youth and a judge to discuss youth participation in the courtroom. The event provided for open discussion and a chance for youth to ask questions about the process.

4. Youth Input on Client Publications – Youth should review and edit all law office publications designed for youth clients (i.e. Know Your Rights Brochures) to ensure that they are readable and appropriate for the target population. Attorneys should also ensure that all correspondence to clients is readable.

5. Client Satisfaction Surveys – Surveys or other evaluation tools are another great way to get youth involved in the development and evaluation of a CWLO’s services. Below are some general steps to develop an evaluation tool. • Determine delivery model (sit down interview, mail written survey, website) • Identify the agency’s mission and include questions that reflect the office’s values • Identify standards of representation and use them in the evaluation • Identify target audience. It will most likely be necessary to develop different evaluation tools

to be used for different age groups.

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• Decide when survey should be administered (while the case is ongoing or when the case is closed?)

• Determine what the office will do with the responses. In other words, how will the office use the evaluation results to improve office practices?

• Notify youth clients of changes and improvements made as a result of the evaluations. Youth want to know that their suggestions are taken seriously and implemented.

Additional Resources 1. Home At Last Materials

• My Voice, My Life, My Future – Poetry and Artwork Book • My Voice, My Life, My Future – Foster Youth Participation in Court A National Survey • Enhancing Youth Participation in Court Proceedings • 2006 Foster Youth Summits

2. California Youth Connection Materials • Tips for Attorneys on Preparing Foster Youth to Participate in Court • Summary of Foster Youth Speak Outs

3. List of Foster Youth Organizations 4. Visit www.ilponline.org for additional outreach ideas. Although this website is CA specific, the

programs could be implemented in other jurisdictions

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Session 1­B – Multidisciplinary Practice, Case Consultation, and Caseloads

Session 1­B focused on Blue Book Guidelines C­4, C­5, and C­6. Blue Book Guideline C­4 states that, “a child welfare law office needs to incorporate the expertise of other disciplines to best represent its clients, given the complexity of social, economic and cultural influences at issue in child welfare cases.” Blue Book Guideline C­5 states that, “A child welfare law office should have protocols for consistent case consultations or case reviews, both formal and informal, within the office and with outside experts to provide attorneys and other staff the opportunity to discuss and analyze cases collectively.” Blue Book Guideline C­6 states that, “A child welfare law office should maintain reasonable caseload limits to enable staff attorneys to comply with standards of practice in representing their clients.”

The session was facilitated by Shannan Wilber, Legal Services for Children, San Francisco and Scott Hollander, KidsVoice, Pittsburgh. Attendees included:

Berlin Laurence Kidslaw ­ A Children's Rights Law Firm AZ Budd Jonathan Kids Voice PA Campeau Debra Office of the Guardian ad Litem CO Carey Ivy Children's Law Center of Los Angeles CA Casey Carol Cook County Public Guardian IL Cruise Anita Kids Matter WI Danz Sheri Office of the State Court Administrator CO Dressler Jane Alameda County Bar Association CA Dsida Mike Children & Fam. Law Program – Comm. for Public Counsel Serv. MA Echevarria Rodriguez Arlene Administration of Families and Children, Family Dept. PR Edgar Sheryl A Center for Children & Family Law, Inc. CA Espana Ana San Diego County Dept. of the Public Defender CA Ford Tara Pegasus Legal Services for Children NM Hager C. Steven Oklahoma Indian Legal Services, Inc. OK Hammond Margot Mental health Advocacy Services LA Hill­Roberts Sheila Legal Aid Society of Milwaukee, Inc. WI Jones Jacinta DeKalb County Child Advocacy Center GA Kelleher Jennifer Legal Advocates for Children & Youth CA Loftis Brett Council for Children's Rights NC Mateer Kristin Alameda County Public Defender ­ Dependency Division CA McNulty Denise Juvenile Law Group ­ Legal Aid & Defender Ass’n MI Neubeck Pamela The Legal Aid Bureau of Buffalo, Inc. NY Obrecht Stacey Corthell and King, PC WY Rivalta Lopez Benjamin Administration of Families and Children, Family Dept. PR Schrandt Nanette Legal Aid Society, Juvenile Rights Division NY Signorelli Carolyn Commission on Child Protection ­ CT CT Sullivan Anita Children & Fam. Law Program – Comm. for Public Counsel Serv. MA Walsh Jim Legal Aid Society ­ JAP & FCP FL Wilson Leah Center for Families, Children and the Courts CA Wilson Robert Sacramento Child Advocates CA Wolf Janice Clark County Legal Services NV Wolff Mary Beth Voices for Children St. Louis MO Zhang Wendy Beijing Children's Legal Aid and Research Center China

Multidisciplinary Practice No single profession, including attorneys, is likely to possess the broad skills and specialized knowledge necessary to advocate for developmentally appropriate and individualized recommendations for each

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client. To do so requires proficiency in a variety of areas including, child development, special education, delinquency, community resources, substance abuse, social work and investigation, domestic violence, grief and mourning, public benefits, health care, negotiation and mediation skills, legal research and writing, and trial skills. Appropriate and effective representation is more likely to occur when a child welfare law office provides a multidisciplinary approach to representation.

Approaches to Multidisciplinary Practice There is no one way to develop a multidisciplinary system. Some child welfare law offices employ professional in­house staff, while others use outside professionals on an as­needed basis. Non­attorney professionals can be utilized to perform a variety of tasks within a child welfare law office including: 1. Conducting home assessments, including distance placements out of the state or country 2. Acting as education surrogates / Attending IEP staffings 3. Conducting initial interviews / Visiting clients 4. Investigation, including contacting and interviewing social workers, teachers, and parents 5. Drafting reports 6. Compliance work, including follow­up calls to ensure compliance with case plans and court

orders 7. Monitoring residential placements 8. Attending service plan reviews / Evaluating and monitoring service providers 9. Providing direct services such as finding activities (baseball team) for a client and providing

transportation to and from such activities 10. Training 11. Mediation 12. Psychological assessments 13. Interpreters 14. Community outreach 15. Experts

Challenges in a Multidisciplinary System The power and effectiveness of bringing professionals together from different disciplines and perspectives can bring differences in communication style, approach to clients, terminology, and professional ethics and values. Depending upon the jurisdiction and professionals involved, multidisciplinary practice can raise questions and issues regarding client confidentiality, privilege, mandated reporting, and the role and duties of the attorney which cannot be assigned to other staff.

1. Supervision – Questions arise as to who should supervise non­attorney staff, whether staff attorneys can be supervised by non­attorney managers, and how disputes should be resolved.

In a cross disciplinary model, such as that utilized by Council for Children’s Rights in North Carolina, disputes are taken to the Executive Director. However, in the “silo model,” used by Legal Services for Children in San Francisco, disputes move up the chain of command in each discipline, and the supervisors then meet to discuss disputes. A third system takes the view that although multidisciplinary, the office remains first and foremost a children’s law office where attorneys should represent kids and others should assist. This system is attorney driven, with non­professionals acting at the direction of the attorneys. In any system, respect is extremely important, and this must be instilled from beginning

2. Case Decisionmaking – Decision making on a case may depend on what the decision involves. For example, decisions regarding legal strategy should obviously be made by lawyers while decisions regarding how to interview client or whether a social worker should be assigned to a certain case, may be best left to other professionals.

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Models for decisionmaking include the “agent of the lawyer model,” the “independent professional model,” or a combination of both. In addition, several offices use decision trees, including the San Diego County Department of the Public Defender, Legal Services for Children, Legal Aid Society – Juvenile Rights Division (New York), Council for Children’s Rights, and the Alameda County Bar Association.

3. Mandated Reporting and Maintaining Client Confidentiality – The rules regarding confidentiality and the definition of a mandated reporter vary across jurisdictions. Some examples of state approaches include:

• Child welfare attorneys are best interest attorneys, so client records are not confidential. Social workers are mandated reporters, attorneys are not. However, attorneys do report on some occasions, after disclosure to client. (Colorado)

• Attorneys are mandated reporters. (Wyoming) • Social workers are mandated reporters (New York). However, JRD takes the position that

their social workers are covered by attorney­client privilege. In Massachusetts, social workers are also viewed as part of the legal team and thus are not mandated reporters.

• Every citizen is a mandated reporter. (North Carolina). Council for Children’s Rights has made the decision to report only imminent abuse. The attorneys use their best judgment under a client­directed model. There are no state bar rules addressing the issue.

• Use investigators who are not social workers. Investigators are not considered mandated reporters even if they have social work experience and / or background as social worker. (California­San Diego County Department of the Public Defender)

• Hybrid model where attorneys may be considered mandated reporters based on the type of case (dependency case v. education case). (California­Legal Advocates for Children and Youth)

In order to address the mandated reporting v. confidentiality issue, some offices have developed written policies and procedures. Offices with written policies and /or procedures include: Legal Services for Children, Inc., Oklahoma Indian Legal Services, Inc., Legal Aid Society Juvenile Right’s Division, and Cook County Public Guardian. However, other offices feel that formal written policies and procedures are not beneficial. They point out that one size does not always fit all, and a better approach is to make an informed decision on a case by case basis. Regardless of the decision whether to create written policies and procedures, it is important for a child welfare law office to thoroughly research and consider the mandated reporting / confidentiality issue and develop an approach that is respectful of the different professionals and consistent with the varying professional codes.

5. Visitation – A child welfare law office must also consider the issue of how and when to visit their clients. Visitation can be addressed through statute dictating the quality and quantity of contact or through agency policy. Non­attorney professionals are sometimes used to conduct visits, which raises additional questions. Again, approaches regarding visitation vary across jurisdictions. Some examples are:

• In Louisiana, a local attorney visits the child, even if action is in another city and child is represented by another attorney in court.

• In St. Louis a CASA and attorney both visit the client at the beginning of every case. After that visit, the two professionals then decide on the case by case basis, taking into consideration the client’s preferences, issues of case, and the CASA’s ability.

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• In other jurisdictions, investigators conduct most of the visits.

An attorney’s caseload can obviously affect the quality and quantity of client visits. As caseloads become more overwhelming, attorneys have less opportunity to personally meet with clients, the family, and the school. Some attorneys now rely on investigators to conduct visits. Some feel that while such investigators generally do a good job, attorneys should get back to seeing clients in their environments more often. In addition, home visits can also be risk assessments, and older clients particularly need to meet and get to know their attorney. In contrast, another attorney stated that they she is comfortable with the investigators’ work and that even if caseloads were smaller, she would not need to meet with child clients.

Caseloads All offices agree that staff need reasonable caseloads in order to represent their clients effectively. The field is full of controversy, however, about what a reasonable caseload is or should be.

Existing Professional Standards 1. NACC ­ 100 clients at one time (can be adjusted based on available support staff) 2. California caseload study – 141 clients at one time (with no support staff). For more information

contact Leah. 3. Georgia caseload limit – 130 clients

Additional Resources 1. KidsVoice Multidisciplinary Approach to Dependency Advocacy 2. “Caseloads Must be Controlled so all Child Clients can Receive Competent Lawyering” by

Howard Davidson and Erik Pitchal 3. ABA/NACC Standards for Lawyers Who Represent Children in Abuse and Neglect 4. Cases NACC Recommendations for the Representation of Children in Abuse and Neglect Cases 5. “Draft Protocol for Social Work Ethics and Law Offices: One Approach by Richard Cozzola and

Richard Louderman

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Session 2­A – Business and Strategic Plan / Organizational Structure and Fund Development

Session 2­A focused on Blue Book Guidelines A­1 and B­3. Blue Book guideline A­1 states that “A child welfare law office should be developed and run according to comprehensive business and strategic plans.” Blue Book Guideline B­3 states that, “A child welfare law office should have comprehensive and diverse funding sources in order to provide quality representation of child clients and allow each staff person to represent a manageable number of clients.”

The session was facilitated by Scott Hollander and Jonathan Budd, KidsVoice, Pittsburgh. Attendees included:

Berlin Laurence KidsLaw ­ A Children's Rights Law Firm AZ Conwell Susan Kids Matter WI Dsida Mike Children & Family Law Program MA Edgar Sheryl A Center for Children and Family Law CA Ford Tara Pegasus Legal Services for Children NM Hammond Margot Mental Health Adovcacy Services LA Heimov Leslie Children's Law Center of Los Angeles CA Jones Jacinta DeKalb County Child Advocacy Center GA Kelleher Jennifer Legal Advocates for Children and Youht CA Last Name First Name Office State Mateer Kristen Alameda County Public Defender CA McGrath Liz Pegasus Legal Services for Children NM Nakayama Kelli Legal Services for Children CA Neubeck Pamela Legal Aid Bureau of Buffalo NY Obrecht Stacey Corthell and King, P.C. WY Signorelli Carolyn Commission on Child Protection CT Steckler Tamara Legal Aid Society ­ Juvenile Rights Division NY Thomas Ragina Daniels Juvenile Law Group ­ Legal Aid and Defender Association MI Unruh Vanji Alemada County Bar Association CA Walsh Jim Legal Aid Society ­ JAP & FCP FL Wichman Marcy Legal Aid Society of Milwaukee WI Wilson Robert Sacramento Child Advocates CA Wilson Leah Center for Families, Children and Courts CA Wolff Mary Beth Voices for Children St. Louis MO

Business and Strategic Plans Why do you need a plan? There are many benefits to developing business and strategic plans. For instance: 1. Plans help to clearly define the office’s purpose and goals. When the goals are clear, you are less

likely to lose sight of the organization’s core mission.

2. The planning process bridges board members and staff and focuses the resources of the organization on critical priorities. This creates efficiency and joint ownership in the plan and goals.

3. Plans also help the team identify potential obstacles early on.

4. Plans can be a convincing tool for approaching potential donors. Plans give an office credibility and exemplify the office’s professionalism and organization. Plans demonstrate the bigger picture.

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5. Plans are guideposts to help determine if the agency is making any progress. A plan allows you to measure success at different points.

6. Plans are a means of directing the board and staff.

7. Plans are a way to achieve consistency within your office; program delivery is more consistent when you know what your organization does and does not do.

How Do You Develop a Plan? 1. General Tips:

• Do not underestimate the amount of time it will take • Recognize your strengths and weaknesses as a manager • Know what you want to get out of it.

2. Approaches – There are many approaches to developing a plan. Some variations include: management driven vs. board driven; using a consultant or facilitator to develop the plan, and involving staff in the creation of the plan.

• Facilitators / Consultants – Reasons to use a facilitator or consultant in developing your office plans include: o Facilitators are helpful when there is conflict within the office or issues among the staff;

staff may feel more comfortable discussing problems with an outside party. o Facilitators tend to keep people on track and force them to think and discuss issues. o Facilitators / Consultants generally understand the process and have plan­building

experience. o Offices are less likely to set unrealistic goals when working with a facilitator / consultant. o Facilitator / Consultants can often tell the board something that you do not want to (i.e. to

raise more money) o One downside to facilitators is that they may not understand the practice and the work of

the organization. o As an alternative, facilitators and consultants can be used to develop only discrete pieces

rather than the entire plan.

• Staff Involvement – There are many ways to involve the staff in creating your office plans. Some examples include surveys, staff committees, representatives from each department, etc. There are several benefits to including staff in the development of the office plan. In particular, the staff knows where the agency should go, and they have the ability to see the future of the agency. In addition, the staff may not buy in to the plan if they had no input in its creation. However it is often challenging to involve staff, for reasons including: o Determining which issues the staff is interested in being involved with. o You are accountable to the staff for what is developed in the plan, and if you do not act

on every issue, you may “lose face” with the staff o With a large organization, some staff may want to be involved and some do not. It may

be difficult to keep everyone involved in a productive way. o Maintaining the balance between having a genuine desire to hear what the staff has to say

and keeping the conversation productive o Staff and Board interaction

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• Board involvement – An office must determine how much board involvement is necessary and desirable. Generally, a child welfare law office wants the board to be involved so that they are invested in the process. The board should not be defining the process, but they should be involved. In making a decision, the office should consider board roles and goals, such as how often they meet, what they should be doing, etc. Finally, strengthening the board can be a goal of the plan.

How Do You Implement the Plan? 1. Annual performance goals for board and / or staff 2. Progress reports at board and staff meetings; Revisit the plan at a designated time each year and

discuss what has been done since the last meeting and what needs to be changed. 3. Create a plan in phases so that you know what needs to be addressed now. Keep in mind, the

difficultly with phased plans is dealing with the board who may want a big “wow” to put in the annual report.

Fund Development Adequate funding allows staff to provide quality representation by reducing the number of clients each staff member represents and/or increasing the amount of time devoted to each client. Adequate funding also allows child welfare law offices to offer competitive salaries. Child welfare law offices require sufficient funding to allow staff to travel to see clients, to pursue outside training opportunities, and to cover litigation expenses. The goal of every child welfare office should be to build a robust, multi­ dimensional and strategic fundraising program that can better sustain the advocacy work of that office. Areas of a fundraising program may include, government funding, annual individual giving, major and planned gifts, foundation and corporate support, special events, government funding.

1. Government Contracts or Funding – This category includes state, county and federal funding. Strategy and sustainability are important. For example, if the county funding is weaker, you need to take this into account and find strategies to overcome the deficiency. The upside of this type of funding is that the fight is not about getting the money. However, there are disadvantages including: • Slow growth and potential ceilings • The limitations and sometimes inflexible nature of the bureaucracy • Funds are subject to the political winds of the time • In some instances you have to defend your budget every year to the legislature

One suggestion is to develop a program like the Children’s Roundtable (CA). This program has been effective during budget cuts because it allows all of the organizations interested in children to avoid fighting each other for funds. Instead, the organizations were able to work together to increase funding all around.

Tips on government funding: • Establish relationships with the people who influence decisions • Educate yourself about where the money is coming from • Be aware of landscape change (ex: TANF)

2. Individual gifts – Individual gifts can be part of special events and annual campaigns and include gifts at all levels (major gifts, bar campaigns, small annual gifts). Tips on individual gifts: • There are individuals out there who are regularly donating money. Your job is to find them

and ask them to focus their contributions on your organization.

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• Individual gifts are a time investment, and although it may take awhile to develop these relationships, these funders can become long­term funding sources. There is a strong possibility that they will give again. Once you take the time to develop this funding source, it is incredibly sustainable.

• Remember the wealthy law firms and partners (i.e. lawyers who are paying for what they should be doing, but are not). Firms taking pro bono cases or buying out creates money and is considered a type of individual gift that creates funding for the office.

3. Events – In some cases, the return on investment for events is not good. The argument is that rather than planning an event for months, your time is better to spent on developing one­on­one relationships with potential donors. Strategies for using events as a fundraising source include using the event to solicit individual gifts, using existing donors at the event to develop new relationships, using the event to honor an existing donor, and holding joint events with other non­ profits.

4. Grants (Foundation, Government, Corporate, Civic and Religious) – Reasons to pursue a grant include: getting a program off the ground, filling in financial gaps in the current funding scheme, funding an entire, discrete project from the beginning to the end, and training attorneys. The downside to grants includes: • It is sometimes difficult to get grants to fund ongoing operations • The time spent pursuing grants can cause organizations to lose focus on their core goals and

what they are supposed to be doing. • Grants may not be useful when the organization is in crisis – If you receive a grant for a

specific project, you may not address the underlying problem. For example, if you receive a grant for a 3­year project, you are no better off once the project is over.

• Some grants have such a large administrative burden due to the time that must be dedicated, they are not worth the money. Do not underestimate the time spent on reporting, and the involvement or control that the funder may want over the program.

Tips on grants – Who should we ask for money? How do we build relationships? • Relationships with Board Members • Friends • Build strong reputation in the community • Meet with foundations / funders; find out what they are interested in and what their goals are.

Do not ask for the money right away, just build the relationship. Get foundations / funders involved in your organization; ask them to sit on a committee, etc.

• If a law office name is on the letterhead, you may get passed over. One strategy is to get another organization to be the lead agency on the grant application so the grant doesn’t appear to be funding lawyers (partner with poverty organizations, etc.)

5. Planned giving – This is an important area to be aware of so that you can recognize available opportunities. All major gifts can be planned gifts. It is also important to understand the gift acceptance policies (tax info for donors).

6. Litigation – Sometimes your funding can increase due to a lawsuit (i.e. DeKalb County). A CWLO must consider these opportunities strategically.

7. Fee for Service / Attorneys Fees – Examples include: • Double in­kind – I will do this for free if my staff can go to your conference for free • Dependency fees through the county

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• Joint seminars • Provide CLE’s and charge for attendance • Fees for in­house experts • Private adoptions • Offer training – People will pay a lot of money to get their staff trained

8. United Way – A child welfare law office should consider becoming a United Way agency. It can provide money every year, but you need to know your community’s requirements (required reporting, meetings, evaluations, etc.)

9. In­kind donations – In­kind donations should only be counted if they free up dollars that would otherwise have been spent. Examples include: • Office space / reduction of rent • Free blackberries, printers, computer network, or phone systems • Movers and space planners

Additional Resources 1. Agency Funding Survey results 2. KidsVoice Development Plan 3. KidsVoice Strategic Plan 4. KidsVoice Marketing Plan

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Session 2­B – Training and Certification

Session 2­B focused on Blue Book Guidelines C­7, C­8, and C­9. Blue Book guideline C­7 states that, “a child welfare law office should provide professional staff with comprehensive, ongoing training specific to the role and duties applicable in their jurisdiction.” Blue Book Guideline C­8 states that, “a child welfare law office should not only develop the expertise of staff members, but should endeavor to train other participants in the child welfare system as well.” Blue Book Guideline C­9 states that, “a child welfare law office should be staffed by attorneys who are Certified Child Welfare Law Specialists. Specialty certification is a significant measure of competence, helps ensure legal expertise, and builds the status and credibility of the office as a whole.”

The session was facilitated by Colene Flynn Robinson, University of Colorado School of Law, Marvin Ventrell, NACC, and Gerard Glynn, Barry University School of Law. Attendees included:

Loftis Brett Council for Children's Rights NC McNulty Denise Juvenile Law Group ­ Legal Aid and Defender Association MI Morris Cathy Texas Lawyers for Children TX Rivalta Lopez Benjamin Administration of Families and Children, Family Dept. PR Schane Tamara Legal Adovocates for Children & Youth CA Schrandt Nanette Legal Aid Society, Juvenile Rights Division NY Sullivan Anita Children & Family Law Program ­ Committee for Public Counsel Services MA Waring Rob Alameda County Public Defender ­ Dependency Division CA Wilber Shannan Legal Services for Children, Inc. CA Wolf Janice Clark County Legal Services NV Wu Chris Center for Families, Children and the Court CA Zhang Wendy Beijing Children's Legal Aid and Research Center China

Attorney Certification The practice of child welfare law is a distinct legal specialty. In July, 2001, the ABA designated child welfare law as a legal specialty, and in 2004, the ABA accredited the NACC as the national body authorized to certify individual lawyers as child welfare law specialists.

In order to certified, a lawyer must apply to the NACC and satisfy the following standards or requirements:

• Substantial involvement • Educational experience • Peer review • Writing sample • Examination

The NACC Matrix lists the competencies that must be mastered on proficiency basis. A child welfare law office’s training programs should address these areas.

Training Staff Training Staff training can be conducted internally using a senior attorney or training committee or through external trainings within the community or nationally. 1. Critical Topics:

• Substantive Knowledge – Statutory and court rule provisions and substantive state and federal law

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• Social Issues – Child development, mental health, disabilities, addictions and treatment, pregnant and parenting teens, domestic violence, trauma, effects of child maltreatment, education, immigration, housing, EPSDT program, issues effecting youth aging out of foster care

• Skills Training – Interviewing the child, courtroom advocacy, written advocacy, multidisciplinary staff, ethical practice, role of the lawyer, systems knowledge, managing caseloads, administrative hearings and appeals, professionalism, and cultural competence.

2. Examples of Staff Training Programs • Legal Aid Society of Orange Co. Florida • Cook County Public Guardian (IL) • Florida GAL training program • ABA adapted modules on divorce and custody cases – 6 CDs • CA AOC program – designed especially for rural areas, internet training on dependency

system • Oklahoma ICWA handbook on CD Rom – free to Legal Aid • Legal Services for Children (CA) has manuals available on their website discussing

emancipation, school, immigration, etc. • Immigrant Legal Resource Center in San Francisco • New Mexico offers some trainings for GAL’s and a mentoring program • Legal Aid Society NY provides a training manual to attorneys • Las Vegas provides training manuals for attorneys

3. Developing a Training Plan for New Lawyers – Some state court rules list topic areas important to the practice of child welfare law for new lawyers. In general, new lawyers must be trained in the dynamics of abuse, how to recognize abuse, child development, interviewing children, evidence, basic dependency law, domestic violence, other issues that come up frequently in specific practice, e.g. ICWA, or immigration. Methods of training for new attorneys include: • Two weeks of intensive training – substantive law, then interviewing children, rules of

evidence; then shadowing for a week, then solo; train attorneys on the “ABC’s of dependency” (basic law) and provide attorneys with checklists for hearings (CLCLA)

• Manual for new hires regardless of whether they are new lawyers • Large offices can do in­house training and spend money to bring in experts • Make new attorneys go through treatises on weekly basis • In­house training program – 2 weeks of training, then shadowing; then in­service trainings

once a month; Kenny A. trainings to address specific issues raised in the suit (DeKalb County Child Advocacy Center)

• New attorneys go through 2 weeks with no cases assigned, where they shadow experienced attorneys and read treatises, etc.; then 3 month mentoring period

• Attorneys have lunch together / case review once a month over lunch / bring in speakers over lunch – networking with other professionals in the community

Community Training Many jurisdictions do not require training for child advocates before they can take cases. Even those jurisdictions that do provide training cannot cover the breadth of issues on which children’s lawyers must be experts. Child welfare law offices should step forward to fill in this gap by providing training to lawyers in the community at a reasonable cost to enhance their representation. In addition, child welfare law offices should consider providing trainings for other participants in the child welfare system and the public.

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1. Why do it? • Educate others about roles of child welfare attorneys • Expand knowledge to others in community (distribute information from national conference) • Expand resources for obtaining clients resources • Learn information yourself • Build / improve reputation of your group • Help the public understand what you do and what you don’t do • Community can provide perspective and you can provide better sources of information to the

community – raise consciousness • Fundraising • Expand experiences for staff

2. Who should do it? • Local experts • People from other systems – agency attorneys for OCR, e.g. • Big law firms who might handle boutique issues • University experts • NACC affiliate – bring in speakers, etc. • ABA – HHS resource center grant – each state has allocation of funds • Bar associations providing brown bag lunches • Other national partners • Youth • Parents who have experienced process

3. What topics should be covered? • Consider the audience • Critical issues in the community • What will bring a crowd?

4. How do I get a crowd? • Food – get sponsorship • Ask judge to close court or issue invitations • Get CLE credit • Location, location, location (casinos in OK) • Colored­paper – explanation of course – proper titles • Schedule at community events

5. How should the training be delivered? • Internet delivery • ListServs • Pod casts • Blogs – Google has free sites • CDs – attorneys listen in commute •

Additional Resources 1. NACC Certification Exam Matrix 2. University of Colorado Juvenile Law Clinic Syllabus

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Session 3­A – Leadership and Supervision

Session 3­A focused on Blue Book Guideline A­6 which states, “a child welfare law office should be governed by managers attuned to the administrative, development, and programmatic needs of a child welfare law office and should also provide uniform, skilled supervision for all staff.

The session was facilitated by Tamara Steckler, Juvenile Rights Division, Legal Aid Society, NY and Christopher Wu, California Administrative Office of the Courts, Center for Families, Children, and the Courts, San Francisco. Attendees included:

Hollander Scott KidsVoice PA Kelleher Jennifer Legal Advocates for Children and Youth CA Loftis Brett Council for Children's Rights NC McGrath Liz Pegasus Legal Services for Children NM McNulty Denise Juvenile Law Group ­ Legal Aid and Defender Association MI Meek Colline Oklahoma Indian Legal Services OK Nakayama Kelli Legal Services for Children CA Neubeck Pamela The Legal Aid Bureau of Buffalo NY Rivalta Lopez Benjamin Administration of Families and Children, Family Dept. PR Sullivan Anita Children & Family Law Program MA Walsh Jim Legal Aid Society ­ JAP & FCP FL Waring Rob Alameda County Public Defender ­ Dependency Division CA Wichman Marcy Legal Aid Society of Milwaukee WI Wilson Leah Center for Families, Children and the Courts CA Wolf Mary Beth Voices for Children St. Louis MO Zhang Wendy Beijing Children's Legal Aid and Research Center China

Leadership and Supervision: Mobilizing People and Resources “Leadership is ultimately about creating a way for people to contribute to making something extraordinary happen.” Alan Keith, Lucas Digital

Communication is the Key! You can never stop communicating or communicate with enough people. Keep talking and get others to talk to you freely. Information + Input = Better ideas and staff ownership. A good leader should find an effective way to communicate with everyone. When you receive more information, you are likely to come up with more ideas, etc.

Exemplary Leadership Means: 1. Inspiring a shared vision: Do you have a vision of your own?

A vision statement is important to have. It is similar to a strategic plan. It helps you set priorities and map out your vision. Each office should create a vision statement, which can be a great task to assign to a manager.

2. Challenging the Process: Do you have a fresh perspective? Ask the question, “Although this isn’t the way we normally do it, can we look at it in a different way?” This is often difficult because a new perspective is not always welcome (Examples: laptops, internet, blackberries, pagers). Strategies for helping people to accept the new technology include: getting rid of the fear, anticipating their questions from the start, providing technological support, and stressing the value to the office as a whole and to the clients. It is

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important to bring it back to the client’s needs. Finally, sometimes you have to gently say: “Get over it.”

3. Enabling others to act: Do you create an environment of trust and safety? It is easy to lose sight of the fact that people trust you.

4. Encouraging the heart: Do you share both your personal and organizational values? Most people who work in legal services have the same values. Examples of ways to share your personal stories include: • Tamara Steckler (Legal Aid Society JRD in New York) sends out a weekly update describing

what she has done over the week. As a supervisor, she generally knows what the staff has done, and it is important for the staff to know what she has done. The first paragraph is a personal story.

• Wendy Zhang (Beijing Children's Legal Aid and Research Center) sends out a personal/daily log. This is also an opportunity for complaints, suggestions, etc

• Jennifer Kelleher’s office (Legal Advocates for Children & Youth in California) celebrates a victory that each program had that month. The meetings are business for the first half hour and victories for the other half hour

5. Modeling the way: Are you walking the walk? “Being a good leader is not something that casually occurs. It takes great thought, care, insight, commitment, and energy. When it all comes together, it brings out the best of who you are.”

Mary Goodwin, Radius Ask yourself the following questions: • How certain am I of my own convictions about the vision and values? When you get tired and

lose hope, if you don’t have the conviction to be there anymore, you need to recognize that and move on.

• What gives me the courage to continue in the face of uncertainty and adversity? You need to recognize what keeps you going. One idea is to go out to lunch (don’t eat at your desk).

• How will I handle disappointments, mistakes and setbacks? Recognize that there is disappointment in this profession. Recognize that people definitely make mistakes – face your mistakes and then get over it. Ways to deal with disappointment, mistakes, and setbacks include: Talking with others in the office, encouraging others in the office, obtaining peer support outside the organization; and accepting what success really is. It is important to know how you handle these things and also to recognize that other people handle these setbacks differently. One way to reach out to people who are suffering and not coming forward is to offer an open invitation to talk at some point in the future. They will talk to you when they are ready. You can also discuss these issues in the interview process. Finally, have a self­reflective system. It is a good thing when someone realizes they did something wrong, because they realized it. In addition, tell new staff about your mistakes.

• What are my strengths and weaknesses? It is a good idea to hire people with opposite strengths; look for managers that compliment you. This is important for checks and balances in personality styles. Know your weaknesses. If you don’t, someone else will. Also consider what abilities you need to improve to move the organization forward. Take classes to improve your weaknesses or learn a new area. An office can also utilize third­party / outside consultation. One common weakness is unrealistic expectations for the staff. Once this weakness is realized, it is important to ask the staff what would motivate them more instead of assuming everyone is motivated by the same thing

• How solid is my relationship with my constituents? It is important to figure out who you need to know. Remember to maintain the delicate balance between selling your program and

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acknowledging your weaknesses. There is a fine line between committing malpractice and the need for more money. You need to get the right message across.

• How can I keep myself motivated and encouraged? • How much do I know about the organization and the world in which it operates? For

example, when Tamara Steckler hires a new manager, she has the manager take six months to observe and learn how the organization works. This enables the new manager to see what needs to be changed before making suggestions. Also recognize your beliefs about how people ought to conduct the affairs of the organization.

Mission Statements An organization gains many benefits from having a mission statement. A mission statement has many benefits including:

• It makes your organization unique and sets it apart from other legal services • It provides a guiding principle. When the agency makes decisions, a mission statement is a great

way to bring yourself, the board, and staff back to the core goals. Mission drift is a problem in non­profits.

• Agencies sometimes need mission statements to get funding • A mission statement is a way of explaining your organization. It is an educational piece so

people know what you do. • Creating a mission statement is a powerful process when the staff in engaged in the process. They

further understand what the organization is trying to accomplish.

1. Creating a Mission Statement – There is no one way to create a mission statement. One approach is to use a consultant, but allow all staff members to have input. This is effective because it provides a neutral ground for everyone to say what they want when they may have otherwise would have stayed quiet. Another suggestion was to allow all staff members to write a mission statement, and select one winner who receives a prize.

2. Factors to Consider When Writing a Mission Statement: • What makes you different from every other agency / unique? • No more than three lines is a “rule” • What is the message you want to send? • It needs to be something deeper than “our lawyers represent kids” It should sound more

outcome oriented, not just about advocacy. (Example: KidsVoice has “permanent homes” in their mission statement).

• It is okay to get outside counseling. One problem with lawyers is that we think we are smart and capable and can do everything. This isn’t always the case. Sometimes you need outside eyes.

• It is important to look at other organization’s mission statements • Taglines can be used in addition to mission statements. Taglines should encapsulate your

mission statement. Taglines should be easy for people on the outside to remember and should be efficient (you can repeat it over and over). Taglines can be put on letterhead.

In summary: Be brief, Be clear, Be true, Be different, Be excited!

The Difference between Leadership and Management Managers have to lead; Leaders have to manage, so is there a difference? Yes, you manage functions and lead people.

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Intelligent people don’t like to be managed, while good leadership creates an inspirational environment. The objective is to find each person’s passion, put it in front of them, steer them in the right direction, and let them evolve on their own. It is the leader’s job to tap into what makes each person tick and to inspire people’s creativity every day.

A leader is solely responsible for morale in an office environment. A leader must create an environment where people want to be at work. It is good to learn from others what not to do. In other words, remember how you felt when you were not the leader. A leader tries to engage everyone to come up with solutions.

Leading is also about moving the agency in the right direction. Leaders must bring a voice to their organization and learn from as many places as possible about how to improve the organization.

Do not forget that leaders also need to be mentored. Leadership does not come naturally to everyone.

Challenges of Managing an Under­Resourced Environment 1. Morale – It all starts with a strong leader. Your energy and enthusiasm should be communicated

to staff in creative and meaningful ways. Never stop finding ways to say “thanks” and “job well­ done,” because even though people say they don’t need praise, they feel good when it happens. One idea is peer driven awards (like attorney of the month). People feel great when recognized by their peers. It is different than management selected attorney of the month. Another approach is to offer merit pay for managers. This has sometimes worked as a type of reward, although sometimes people become obsessed with their numbers

2. Work Distribution – There are several advantages to maintaining a caseload while also acting as a supervisor: You can often better relate to your staff. It helps to control staff caseloads, and it may increase your job satisfaction. However, there is also a major disadvantage in that you are constantly torn between how to balance policy, cases, management, etc. A few suggestions for managing this stress are: • Utilize experienced staff for mentoring and taking on new projects • Effectively delegate tasks • Make meaningful use of support staff: Social workers, paralegals, data entry personnel • Reach out for pro bono assistance

3. Communication – Be proactive in your communication. Don’t wait for issues to come to you. Encourage honest input with no repercussions, and remember actions speak louder than words. Ideas for promoting communication include: • Disseminate weekly updates to let staff know how you are spending your time • Hold focus groups that are “unfocused” to simply listen to staff • Schedule regular meetings and casework reviews – ask staff member and managers to set

agendas and lead meetings. o One example was provided by Council for Children’s Rights in North Carolina. This

office has created has 5 teams which hold monthly meetings. The “team leader” from each group then communicates the team’s issues to other staff. The team leader is an advocate for the group and is held accountable.

• Monthly newsletters – summarizing case law or providing a sample motion or brief

4. Case Oversight – Generally, attorneys should make the case decisions independently, unless there is a significant problem. Problems arise when attorneys do not want to make the tough calls, and instead rely on the supervisor to decide. This dependency issue can create an atmosphere where

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attorneys are not really trusted. Although it is often a good idea to talk a case over with a senior attorney, there is a sense of empowerment when you tell the staff to make the decision. This also promotes staff development and creates better attorneys. This can be challenging because as an experienced attorney it is sometimes much easier to simply answer the question.

5. Training • Utilize established training programs and take advantage of established curriculum • Reach out for pro bono training support • Ask for scholarships to programs • Use experienced staff to develop a program and to train • Allow for trailing or co­counseling opportunities

6. Evaluating Fairly – Evaluations should result in honest conversation and a concrete development plan. It is important to set clear, realistic expectations early on, and develop a tool to measure those expectations. A strength­based tool, with areas for improvement is best. It is also advisable to steer clear of number or letter “grades.” It may also be useful to ask for staff input on the evaluation process and tool. In addition, train supervisors on how to evaluate. Managers need to be trained about how to talk to others about weaknesses and strengths. If people are not trained on how to do the evaluations and don’t really know what the numbers mean, it becomes false. Finally, provide staff with professional development opportunities. Types of evaluations include: • Mid­year and year­end evaluations • Personal Improvement Process • 360 degree evaluation – everyone evaluates everyone • Evaluations based on job description • Self­evaluations

7. Creating an Infrastructure – Don’t forget that an organization should be built from the bottom up. Make your foundation STRONG. Ensure that your support staff is well­trained and believes in the mission of your organization. Administrative tasks should be delegated to supportive staff to free up attorney time. Finally, set up systems, make them clear, simple, meaningful, and flexible.

The Big Picture Last but not least: Don’t forget to see the forest through the trees. Set out to determine your three or four overriding goals for the year and make sure you prioritize those tasks which will work towards the achievement of those goals. Step back on a regular basis to make sure you are moving in the right direction, and that you are truly enjoying yourself. Keep you eye on the prize while dealing with the little things.

Additional Resources Helpful Books:

• Good to Great in the Social Sector • The Leadership Challenge • John Cotter – Management versus Leadership

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Session 3­B – Policy and Legislation

Session 3­B focused on Blue Book Guideline C­12 which states, “a child welfare law office should support or initiate policy reforms and legislative action aimed at creating positive systematic change on behalf of children in the child welfare system.”

The session was facilitated by Theresa Spahn, Office of the Child’s Representative, Denver and Leslie Starr Heimov, Children’s Law Center of Los Angeles. Attendees included:

Berlin Larry KidsLaw­A Children's Rights Law Firm AZ Booth William Legal Aid Society JAP & FCP FL Brandes Lita Brandes and Clark, P.C. CO Campeau Debra Office of the Guardian ad Litem CO Ciuffa Barbara Barbara J. Ciuffa, Attorney MI Conwell Susan Kids Matter WI Danz Shari Office of the State Court Administrator CO Dobrev Cara Legal Aid Society of Orange County FL Douraghy Sahar A Center for Children and Family Law CA Dsida Mike Committee for Public Counsel Services MA Echevarria­Rodriguez Arlene Administration of Families and Children PR Flynn Robinson Colene University of Colorado School of Law CO Glynn Gerry Barry University School of Law FL Jones Jacinta DeKalb County Child Advocacy Center GA Mateer Kristin Alameda County Public Defender­Dependency Division CA Morris Kathy Texas Lawyers for Children TX Obrecht Stacey Corthell & King, P.C. WY Schane Tamara Legal Advocates for Children & Youth CA Schrandt Nanette Legal Aid Society Juvenile Rights Division NY Signorelli Carolyn Commission on Child Protection CT Unruh Vanji Alameda County Bar Association CA Wilbur Shannan Legal Services for Children, Inc. CA Wilson Robert Sacramento Child Advocates CA Wolf Janice Clark County Legal Services NV

Basic Rules for Working with the Legislature 1. Change your attitude – Do not accept the notion that there is no money available. There is money

out there. You just have to work hard to get your share.

2. Policy advocacy is different from traditional lawyering – Lawyers are used to formal rules that govern attorney behavior (i.e. no ex parte communication). Lawyers are used to filing motions and following a specific procedure. Policy work is more informal.

3. Know your target community. For example, are you working on the state or county level?

4. Know your goal. Are you trying to get more money? Do you want to sponsor a bill? Is the goal simply to monitor specific bills and weigh in?

5. Policy work must be directly connected to your organizations core mission. Do not become involved in something you do not know enough about. Find allies who can help you. One good example is the Children’s Roundtable in California.

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6. Look to your governor’s office; they have the power to line­item veto or kill a bill.

7. All policymakers are people and public servants. It really boils down to relationship­building.

8. Get to know the lawmakers, their backgrounds, and where they are from. Become familiar with the lawmaker’s constituents and the interests of their community. The spin you put on a single piece of legislation may be different depending on who you are talking to. Use Google – You can find lots of information that will be useful in making a connection.

9. It is important to establish credibility. Make sure the legislator knows who you are and what your organization does. Once you establish a relationship, lawmakers will begin contacting you for advice, support letters.

10. Establish and maintain relationships with legislative staff. They are often around longer than the actual member and members’ decisions are often informed / influenced by staff. It is important to become familiar with the culture and find the most efficient way to communicate with lawmakers.

11. Tell your stories – It is important to give lawmakers a picture of what children’s lawyers do. People love stories. Pick a “but for the attorney” story. Pick stories that show why children must be represented by attorneys, why children’s attorneys must be specialists, and why children’s attorneys need to be paid well.

12. Meet lawmakers in their communities, with attorneys from their communities.

13. Alternatively, invite lawmakers to your organization or an alternate location. For example, if you are interested in legislation about group homes, take the lawmaker to visit a group home. Be careful to show both the positive and negative (show what is wrong, but do not be overly negative). You must show that there is hope and opportunity for improvement.

14. Be realistic about the political landscape. This makes a difference and can often change your strategy.

15. Establish a good relationship with the judiciary committee and the health and human services committee.

16. When sponsoring a bill, know your politics and pick a good bill sponsor. Remember that the governor has the last strike. In addition, know what is expected from you and your office if you are sponsoring a bill. You may be expected to attend committee meetings, provide witnesses, etc.

17. Get involved in politics and campaigns. This will develop relationships.

18. Provide services to the lawmaker. For instance, tell the lawmaker that if their constituents have questions on these issues, your office will answer them. In addition, provide information generally. Sometimes legislative members and staff do not know the relevant information about their own jurisdiction. If the lawmaker wants to know about child abuse or the child welfare system in their community, get them that information.

19. Become familiar with the lobbying laws in your jurisdiction. In addition, find out if there are any restrictions within your contract with the government, etc.

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20. Bring youth to speak with lawmakers. Find something that will “grab” them. If youth cannot be present in person, bring poetry or artwork from your clients (See Home at Last art book). Bring a human face and voice to your cause.

Policy Advocacy Strategies, Choosing Issues, & Setting Up Your Legislative Agenda 1. Choose something easy at first. When you are just starting out, you do not have policy experience

and have not yet developed relationships. Choose a non­controversial area with a broad range of support.

2. Identify your opponent and what their position will be. Talk to those people and work with them if possible.

3. Most ideas for bills are generated by seeing the same reoccurring problems.

4. Seek out membership in local and statewide committees and commissions.

5. Provide written or oral testimony at hearings or requests for public comment.

6. Partner with other advocacy groups. Bar Associations are also powerful allies.

7. Establish a process for providing input and engaging in discussion on a regular basis with leadership of the court and child welfare agency.

8. Reach out to the media

9. Take positions on pending legislation, reform initiatives, etc.

10. Lawsuits can also be effective, and agencies / judges may actually invite litigation.

11. It is important to set priorities because it is impossible to address everything. A child welfare law office should stick to its mission. Identify either: (a) the most pressing issues affecting the most children or (2) severe problems that must be addressed, even if only a few children are affected.

14. Become involved in the rulemaking and regulatory process. Join national groups that track federal legislation and become involved in the regulatory process. Participate in the comment phase on administrative rules. It is best to include your comments and provide language that would be acceptable to you. Make is easy for them to do what you want.

15. Brainstorm and generate ideas throughout the year. Remember that the fix is not always a legislative fix.

Offices With Limited Resources – Ways to Get Started 1. Create your own groups and committees 2. Work with your local agency 3. Work with youth – You can become involved with a large group like California Youth

Connection or work with just a few clients. 4. Volunteer to provide training regarding new laws and how they should be implemented. 5. Create Know Your Rights pamphlets, etc. 6. Create fact sheets for other organizations about recently passed legislation for social workers,

group homes, etc. 7. Conduct trainings for foster parents

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Impact Litigation 1. Benefits – Impact litigation carefully chosen can be very effective, and in some cases, it is the

only way to address an issue. In addition, other states often use decisions from impact litigation to make changes in their own jurisdictions

2. Drawbacks – Impact litigation is expensive, time­consuming, and prolonged. In addition, even when you win, implementation is still a problem. Impact litigation is not a quick fix. Finally, remember that you may lose.

3. Strategies – You don’t need to do take on impact litigation alone, and most offices are probably are not qualified to engage in this type of work. There are organizations out there dedicated to doing impact litigation. Also, keep in mind that appellate cases can become impact litigation. Sometimes you identify the issue first and you need trained staff who can spot the issues and make the record.

Additional Resources 1. NACC policy advocacy guide 2. CLCLA Memorandum – Provide to office / member that you are asking to sponsor the bill 3. CLCLA Sample Packet of information including, (a) email to members of your organization or

colleagues with sample support letter, (b) sponsor letter, (c) letter to governor 4. National Center for State Legislatures publishes a yearly document of all child welfare legislation

broken down by state and subject. 5. CLCLA has legislation on their website (www.clcla.org) 6. LexisNexis can be set­up to automatically send updates on legislation in designated area.

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Session 4­A – Community Credibility, Networking, and Developing Collaborative Relationships

Session 4­A focused on Blue Book Guideline B­5 which states, “a child welfare law office should build, sustain, and maintain credibility in the child welfare and public interest community. Such credibility can be developed and enhanced by for example (a) active participation in local, state, and national networking; (b) engaging in dialogues regarding key issues and initiatives relating to the state and national child welfare system; (c) developing collaborative relationships with organizations with similar missions, and (d) developing and maintaining relationships with law makers, governmental leaders, and the organized bar.

The session was facilitated by Christopher Wu, California Administrative Office of the Courts, Center for Families, Children, and the Courts, San Francisco. Attendees included:

Bratton Terry Clark County Legal Services NV Carey Ivy Children's Law Center of Los Angeles CA Collard Beth Advocacy, Inc. NM Conwell Susan Kids Matter WI Douraghy Sahar A Center for Children and Family Law CA Dressler Jane Alameda County Bar Association CA Dsida Mike Committee for Public Counsel Services MA Flynn Robinson Colene University of Colorado School of Law CO Mateer Kristin Alameda County Public Defender­Dependency Division CA Morris Kathy Texas Lawyers for Children TX Nakayama Kelli Legal Services for Children, Inc. CA Steckler Tamara Legal Aid Society Juvenile Rights Division NY Walsh Jim Legal Aid Society JAP & FCP FL Wilson Leah Center for Families, Children and the Court CA Wilson Rob Sacramento Child Advocates CA Zhang Wendy Beijing Children's Legal Aid and Research Center China

Working With the Media In order for a child welfare law office to grow and in order for systems to change, there must be public awareness. There are pitfalls to working with the media, but there are also ways to make it work in your favor. Consultants can be hired for smaller offices; large offices often have designated staff to do this work. 1. Confidentiality / Open Courts

A significant challenge in working with the media is to tell the story, while preserving confidentiality. In some situations, confidentiality can be used as a shield. However, there is also a legitimate fear that children will be exploited. Some youth want to talk to the press and tell their story; however, there is also a distinction between wanting to talk about the problems with the foster care system generally and wanting to publicize their private family situation. It is also important to keep in mind the distinction between publicizing civil, criminal, and dependency cases.

Some argue that fears regarding opening court proceedings to the public are not well­founded. In reality, the media rarely shows up and no one is really interested. Opening courts could produce improvement in the system and fuel legislative action. For instance, many feel that attorney practice in dependency cases is not up to par, mostly due to the fact the system is not adequately funded. If courts were open to the public, it could increase legislative awareness of inadequate funding. It will be difficult to increase funding until the problem is exposed. The idea is not to

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expose the children or the individual attorneys, but to expose the system and its problems. The reluctance to use children’s stories can also be detrimental to funding. Funders want to hear individual stories and make an emotional connection. A conflict exists between needing and wanting to tell client’s stories and avoiding exploitation.

2. Establishing a Relationship – A child welfare law office must have ongoing relationship with the media to use them effectively. An alternate strategy is to let the media “use” you – provide the reporter with specific bullets and talking points. This can generate publicity for the office. System should be give and take. For example, “I will give you a quote or news, but in return I want you to write a story about ‘X’.” Another method is to provide the media with news releases that contain the basic “who, what, where, when, and why?” and quotes. There are also services that will distribute your news releases to specific national media that you designate. Offices can also set ground rules with the media about what can and cannot be published.

Collaboration With Other Agencies (governmental agencies, law firms, other agencies) Collaborative relationships are not voluntary! Child welfare law offices depend on collaborative relationships and community awareness in order to be successful. 1. Challenges to Collaboration – Collaboration is sometimes difficult. One particularly difficult

situation arises in collaborating with government agencies. In many cases two agencies (i.e. county social services and the juvenile division of the PD’s office are funded by the same source – the State. The challenge is to maintain your independence without jeopardizing government funding.

2. Examples of collaborative relationships include: • Collaboration with law firms for fund development and general resource generation • Social service agencies (i.e. independent living services) – By working with other community

programs and offering general legal services for youth, the youth begin to become familiar with the office.

• Partnerships with local law schools for hiring interns – This can help a child welfare law office with the workload and increase development of the child advocacy field.

• Texas Lawyers for Children has developed a network of professionals, including a doctor, psychiatrist, and a judge. Lawyers can submit questions to these professionals through the network.

• Another office has developed a partnership with an Early Childhood Development psychologist through Children’s Hospital in Oakland.

• Legal Aid Society Juvenile Rights Division in NY has set up a Paralegal project which they use to handle compliance work. The program uses virtual paralegals who work from their own firms. The paralegals follow up to see if court orders are being complied with, and generally two paralegals are assigned to each case. The child welfare law office filters cases to the law firms. In addition to assisting with the workload, this program generates positive PR.

• Collaboration / projects with “opposing attorneys,” such as parents’ attorneys or those prosecuting JD cases. It is important to get the “two sides” together outside of court.

• Collaboration with social workers – Social workers and lawyers are often very different which can lead to clashes and miscommunication in practice. The JRD in NY trains social workers and lawyers together. However, in the JRD system, lawyers are lawyers. They are process oriented, and there is clear role definition. Social workers and lawyers do not necessarily need to mesh in order to collaborate well. When people stick to their own roles, the system becomes more functional.

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Community Recognition and Networking How can a child welfare law office become recognized within the community?

• Staff should become involved in outside activities. When staff is involved in outside activities that affect their day­to­day work, they are more energized, productive, and happy. However, time constraints are always a factor.

• Networking events like the CLOP Symposium are very important. This type of networking (and programs such as certification) grow our profession.

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Session 4­B – Written Office Policies, Practices, and Procedures and Cultural Competence

Session 4­B focused on Blue Book Guidelines A­5 and A­13. Blue Book Guideline A­5, “a child welfare law office should have written policies, practice and procedures that govern its administrative / personnel operations and its substantive practice.” Blue Book Guideline A­13 states that “a child welfare law office should delivery culturally competent services.”

The session was facilitated by Nanette Schrandt, Juvenile Services Unit, Legal Aid Society of New York and Shannan Wilber, Legal Services for Children, San Francisco. Attendees included:

Berlin Laurence Kidslaw ­ A Children's Rights Law Firm AZ Beumer Ashley Voices for Children St. Louis MO Booth William Legal Aid Society ­ JAP & FCP FL Budd Jonathan Kids Voice PA Campeau Debra Office of the Guardian ad Litem CO Casey Carol Cook County Public Guardian IL Cruise Anita Kids Matter WI Dobrev Cara Legal Aid Society of Orange County Bar Ass’n FL Echevarria Rodriguez Arlene Admin. of Families and Children, Family Dept. PR Edgar Sheryl A Center for Children & Family Law, Inc. CA Espana Ana San Diego County Dept. of the Public Defender CA Glynn Gerry Barry University School of Law FL Hammond Margot Mental health Advocacy Services LA Heimov Leslie Children's Law Center Los Angeles CA Hill­Roberts Sheila Legal Aid Society of Milwaukee, Inc. WI Hollander Scott Kids Voice PA Kelleher Jennifer Legal Advocates for Children & Youth CA McNulty Denise Juvenile Law Group ­ Legal Aid and Defender Ass’n MI Neubeck Pamela The Legal Aid Bureau of Buffalo, Inc. NY Obrecht Stacey Corthell and King, PC WY Rivalta Lopez Benjamin Admin. of Families and Children, Family Dept. PR Schrandt Nanette Legal Aid Society, Juvenile Rights Division NY Sullivan Anita Children & Fam. Law Program – Comm. for Public Counsel Serv. MA Thomas Regina Daniels Juvenile Law Group ­ Legal Aid and Defender Ass’n MI Unruh Vanji Alameda County Bar Association CA Waring Rob Alameda County PD ­ Dependency Div. CA Wichman Marcy Legal Aid Society of Milwaukee, Inc. WI Wilber Shannan Legal Services for Children, Inc. CA Wolf Janice Clark County Legal Services NV

Written Office Policies, Practices, and Proedures While policies, practice, and procedures can be seen as encompassing two distinct areas – (1) administrative operations/personnel matters and (2)substantive practice – they are inextricably entwined in the office’s capacity to provide competent assistance. Therefore, each should inform the other and be guided by the office’s mission and values.

Policy v. Procedure – Policies provide a statement of intent and encompass the “what” and the “why.” Policies provide broad guidance and establish priorities and generally remain more constant. Procedure implements the policy and encompasses the “how,” “who,” and “when.” Procedures are more narrow in scope and more detailed in direction, and change more frequently.

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1. Administrative Operations / Personnel Matters – Offices should have manuals or other materials which cover personnel policies, employee benefits, workplace procedures, organizational structure, and non­discrimination and EEOC statements. Materials should include: • Topics such as recruitment, screening, selection process, diversity policy, union provisions (if

applicable), training opportunities for staff development, evaluation, promotional opportunities, and the disciplinary process

• Clear written job descriptions that provide staff with specific expectations, requirements, and performance standards

• Clearly articulated provisions regarding supervision of staff and lines of accountability • Support and recognition

Be careful not to treat rare exceptions or isolated problems as major, office­wide issues. Especially in dealing with personnel issues, a better strategy is address problems with individual involved rather than whole office through written policies. An office can address problems through guidelines, performance improvement plans, or training. You don’t need to create written policy to address every issue.

2. Substantive Practice Manuals – Substantive Practice Manuals should guide staff in their client and institutional interactions and representation. They should ensure the delivery of quality legal assistance in accordance with established professional standards. Materials should include: • Topics such as the office’s mission, model and scope of representation, intake procedures,

case management, legal advice, confidentiality, use of technology, conflicts of interest, file maintenance, referral process, and cultural competency.

• To the extent possible, practice materials should also include relevant court rules and procedures, statutes, regulations, case law, and situation specific guidance (proposed case resolutions, situations which require supervisory consultation, and potential conflicts of interest).

• Social issues affecting clients such as child development, interviewing and engagement, mental health, disabilities, education, foster care, immigration, substance abuse, resource information and listings.

3. Developing Policies and Procedures – Review practice memos, forms, personnel documents, models from similar organizations, and professional personnel standards and guidelines. Gather input and direction from the larger institutional setting (if appropriate), staff and supervisors, union (if appropriate) and board. Some offices use outside counsel to either draft or review the employee manual. The Board reads and ratifies the manual. Employees read and sign the manual.

Questions to Ask in Developing Polices and Procedures • Is it consistent with the offices mission and values? • Is it clear and understandable? • Does it relate directly to the office’s operation and ability to provide quality representation? • Will it apply equally to all staff? If not, is there a reasonable justification? • Does it comply with EEOC and fair labor standards? • Does it support recruitment and retention of qualified staff? • Does it give sufficient guidance to hold staff accountable?

Policies and Procedures should be reviewed and updated: 1) periodically; 2) when problems / unanticipated events arise; 3) when changes occur in staffing pattern, practice, funding, or statutes / regulations.

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Cultural Competence 1. Definition – Cultural competence is the process by which individuals and systems respond

respectfully and effectively to people of all cultures, languages, social and economic classes, races, ethnic backgrounds, religions, and other diversity factors in a manner that recognizes, affirms, and values the worth of the individuals, families, and communities, and protects and preserves the dignity of each. NASW, 2001

2. Cultural Competence Plan – A child welfare law office should create and implement a written cultural competence plan with the active participation of all staff. The plan should encompass four main areas of organizational functioning: • Provision of client services • Composition of the staff, management, and agency governing body • Staff training, education and development • Regular evaluation of the organization’s cultural competence through internal and external

mechanisms

Culturally competent client services depend upon 1) individual staff awareness of cultural differences with clients and colleagues and how this may impact client services, and 2) staff insight into their own values, judgment and life experiences and how these may affect responses to clients and colleagues.

3. Valuing Cultural Diversity – Awareness of cultural differences and the impact of these differences are enhanced in an environment in which diversity is valued. A child welfare law office should have: • Written policies which acknowledge the worth and value of each person and prohibit

discrimination and harassment toward employees, clients, their families, and others • Specific personnel procedures which promote a diverse staff and board • An office environment and culture which welcomes diversity and provides a safe zone • A training and formal education program which includes cultural competence • A supervisory and evaluation process which is mindful of cultural competence • An awareness of the effects of cultural variables as part of intake, assessment and case

staffing processes • Acknowledgment that client demographics constantly change, and therefore, the office must

work continually to build a culturally competent service model

Additional Resources 1. Legal Services for Children Cultural Competency Plan 2. Legal Services for Children Policy / Procedure Manual 3. Legal Services for Children Personnel Manual 4. KidsVoice Employee Handbook 5. Legal Aid Society Juvenile Rights Division Practice Manual for Law Guardians – Representing

Children in Child Protective Proceedings 6. “The Spirit Catches You and You Fall Down”, by Anne Fadiman – language/communication

diversity book