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

System

Tribal Child Welfare GatheringMidwest Child Welfare Implementation Center

 Petoskey, MichiganMay 4 & 5, 2010

Project TeamU.S. Children’s BureauGail Collins & David Kelly

Michigan Law School Pal-TechDon Duquette Karl EnsignFrank Vandervort Robyn Ristau

Elizabeth Lee Cindy Samples

  American Bar Foundation

Robert Nelson & Elizabeth MertzKidsVoice of Pittsburgh

Scott Hollander & Jonathon BuddNational Association of Counsel for Children

Maureen Farrell-Stevenson & Amanda Donnelly

Advisory Committee• Maryellen Bearzi - Protective Services Division, New

Mexico• Frank Cervone – Support Center for Child Advocates,

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

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

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

Logic Model

Research Questions1. Within the United States, what is the basic status of

child representation for dependency cases in terms of its delivery (organization, quality, quantity, basic competencies and adherence to practice standards)?

2. On a practice level, what are the essential supports for providing competent child representation in terms of training, supervision, consultation, caseload levels, organizational structure, and compensation?

3. To what extent is there agreement on developing, implementing and following clearly defined and specified duties, activities and core competencies?

4. How does the child representative accommodate the child’s wishes in setting the goals of the advocacy?

Research Questions – (cont.)

5. When standards of practice are defined and implemented, what individuals or teams are essential/best for delivering competent representation?

6. Once improvements and reforms are undertaken, do short-term, intermediate, and longer-term outcomes improve?

7. Are there contextual variables that independently impact outcomes?

8. Once improvements are undertaken, how do the roles, responsibilities, and collaborations of those involved with providing and supporting representation evolve over time to ensure continued success?

Needs Assessment OverviewResearch Questions

Primary Information

Source

RQ1Basic

Status

RQ2 Essentia

l Practice Support

s

RQ3Agreement on Duties

RQ4Attorney

Role

RQ5Best

Delivery

RQ6 Outcomes Achieved

RQ7 Contextual Variables

RQ8Role

Evolution

A. Advisory Committee X X X

XX X X X

B. Legal Statute Review X x x

X

C. Literature Review X X X

XX X

D. ABA Standards Review X X x

XX

E. Focus Groups at National Meetings

X X X X X X

F. Phone Discussions w/ Regional Offices

X X

G. Phone Discussions w/Key State Informants

X X X X X

H. On-Site Visits to Notable Programs

X X X X X X X X

I. Evaluation Review X X X X X X

Implementation Plan Draft“The End Product”

I. Literature ReviewII. Conceptual Framework & Logic ModelIII. Admin. Structure for Selecting &

Implementing R& Sites, CertificationIV. Evidence Base for Models

SelectedV. Technical Assistance PlanVI. Design of Administrative &

Management Structure

NEEDS ASSESSMENT: Law on the Books

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

NEEDS ASSESSMENT: Law in Practice

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

• CIP Directors• CASA• Judges• Lawyers• Caseworkers

•. Focus groups at professional meetings.

ABA Standards of Practice Lawyer’s Tasks (1)

Meet with child – •establish and maintain relationship •explain legal process •counsel child regarding options

Independently investigate case

Interview witnessesReview relevant documents (releases)

–Court–Caseworker–Medical

Talk with lawyers for other parties (and possibly other parties)

ABA Standards Lawyer’s Tasks

(2)

Attend all hearings & participate fully

Prepare witnessesCall witnesses Question witnesses called by other parties

Collateral matters (e.g., delinquency, child custody, etc.)Monitor implementation of court ordered services to the child

Follow up with caseworkers, therapist, medical providers, educational providers, etc.

File appeals when appropriateFile pleadings as necessary

Answer petition/complaintMotionsperiodic reports

Request services for child as necessary to meet child’s needs

Discuss child’s needs with relevant professionals

Negotiate settlement of the case

ABA Standards of Practice Model

Court’s Tasks (3)

1. Assure independence of child’s representative2. Training for children’s lawyers

•Judges should be involved in training lawyers•Make available both basic and advanced training opportunities

3. Assure adequate compensation4. Assure reasonable attorney caseloads

CERTIFICATION

• NACC Collaborating in

Year One Analysis.• Will assist in defining model

of representation.• Intend to support 100 - 200

lawyers to be certified in

each of years 2 – 5. • Will finalize process and

decide how integrated with

research sites.

R/D PROJECTSRESEARCH AND EVALUATION

Pal-Tech:Work with local evaluators. Track data and information submissionCollect insights on implementation and measurementAnalyze data across sitesABF:Conduct a limited case review to supplement descriptive information of the implementation process

POSSIBLE APPROACHES TO DEMONSTRATION

SITES

1. Best Practice Model – Lawyer Only

2. Best Practice Model – Lawyer plus Social Worker

3. Best Practice Model – Lawyer plus CASA

* How does representative accommodate the Child’s Wishes?

Knowledge Development and Dissemination

• Engaging the national child

representation community• Consensus building • Advisory Board function• Professional Conferences

• ABA, NACC, NCJFCJ, CASA, AHA

• First year report• Rich data set• Website: www.ImproveChildRep.org

DISCUSSION QUESTIONSWhat is it that the advocate does that makes a real difference? Shall we start with a Best Practice Model and see how best delivered? Are there significant unresolved questions in Best Practice Model that we should tease out? How?

Best interests of child vs. wishes?

 

Help Us Set the Course?