Learn about the appeal procedures, guidelines, and best practices discussed at the Child Welfare Law Symposium. Attorney Christian Moran highlighted core principles in Re Gault, emphasizing the importance of advising clients on their right to appeal and assisting them through the process. The symposium stressed the significance of trial counsel's role in ensuring proper procedures, from filing motions to cooperating with appeal review counsel. Guidelines provided are intended to guide representation while acknowledging the need for individual professional judgment in the best interests of clients.
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Presentation Transcript
CHILD WELFARE LAW SYMPOSIUM Office of Chief Public Defender May 10, 2017
WELCOME Attorney Christian Moran Appeal Procedures Guidelines 10 Core Principles In Re Gault
Appeal Procedures Every client should be advised of the right to appeal/appeal review Contested OTC Commitment TPR
Appeal Procedures Trial Counsel must: Advise/assist client with motion for waiver of costs and fees and appointment of counsel File Motion to Extend Time-make sure you ask for the specific date that gets a full forty days from the granting of the Motion(OCPD Template) Fill out the appeal review form soon in FileMaker Order expedited transcript of all relevant proceedings Cooperate with appeal review counsel
Appeal Procedures All appeal procedures are on line at www.ct.gov/ocpd under Child Protection/Child Protection Appeals A Guide to the Appeal Review Process for Parents
Appeal Procedures Attorney for the Child Should consult with child regarding their wishes regarding an appeal Child can file independent appeal if they disagree with disposition and the record has been preserved. If in agreement with appellee or appellant, can file position letter with A.C. or S.C.
Appeal Procedures When in doubt Call or email OCPD! Don t wait- time frames are tight and client could lose their right to appeal!
Overview of Revised Performance Guidelines and Best Practices for Lawyers for Children
GUIDELINES Guidelines are intended to be used as a guide for the representation of clients. Obligations are not limited by the Guidelines articulated here; attorneys are also expected to use their individual professional judgment If that judgment mandates a departure from these Guidelines, the attorney should be aware of and be able to articulate the reasons that a departure from these Guidelines is in the client's best interests.
WHY HAVE GUIDELINES? SET CONSISTENT STANDARDS OF PRACTICE VISITATION GUIDELINES ENSURE THAT CHILD S SITUATION IS MONITORED LAWYER NEEDS INFORMATION TO BE AN EFFECTIVE ADVOCATE FOR CHILD CLIENT CONTACT ENSURES THAT CHILD KNOWS ABOUT THEIR RIGHTS
GENERAL GUIDELINES ROLE OF COUNSEL LAWYER CLIENT RELATIONSHIP DUTY TO KEEP CLIENT INFORMED PROTECTING CONFIDENTIALITY POST DISPOSITIONAL REPRESENTATION DELINQUENCY CHILD PROTECTION
GUIDELINE 3.1 SCOPE OF REPRESENTATION Attorney should attend hearings and participate in telephone conferences Should not skip or send a letter if you represent the child
GUIDELINE 3.2 ROLE OF COUNSEL FOR THE CHILD Zealously represent the wishes, interests, rights and goals of the child Representation is client directed-you have to talk to the child! C.G.S. 46b-129(a) Acts solely as attorney WHAT ABOUT THE VERY YOUNG OR NON VERBAL CHILD?
IMPAIRED/NON VERBAL CLIENT RULE 1.14 OF CONNECTICUT RULES OF PROFESSIONAL CONDUCT PROTECTIVE ACTION MUST MAKE GOOD FAITH EFFORT TO DETERMINE CHILD S NEEDS AND WISHES INTERVIEW CAREGIVERS, SIBLINGS REVIEW RECORDS SPEAK TO CHILD IF ABLE
IMPAIRED/NON VERBAL CLIENT SUBSTITUTED JUDGEMENT WHAT WOULD CLIENT DO IF HE OR SHE WERE ABLE TO MAKE THE DECISION? COMPETENCY GUARDIAN AD LITEM
GUIDELINE 3.2 ROLE OF COUNSEL Meet with and consult with client prior to court Visit in person at least 4 times /year Independently consult with caregivers and service providers Obtain records(DCF, School Medical, etc.) Request updates every 120 days Talk to child client about the case!
GUIDELINE 3.3 DIRECTION OF THE CASE Ask children if they want to come to court. Kids over 12 have a right to be there for permanency planning Kids under 12 should be asked if appropriate Monitor the implementation of court orders Advocate for educational and transition services
GUIDELINE 3.4 CLIENT COMMUNICATION Prepare for visits Review records Talk to providers and caregivers Determine client s wishes Goals for the case ( go home, live with family) School issues Sibling issues Kin visits Other needs or wants ( extra curricular activities, counselling)
GUIDELINE 3.5 THE VERY YOUNG CHILD No ages listed in Guidelines Young and pre verbal children are vulnerable, require special attention Visits required twice a quarter and when placement changes Need interaction with caregivers, daycare providers, medical caregivers, etc.
GUIDELINE 3.6 TRIAL PREPARATION Child s counsel should consult with client about goals for trial Child s counsel should conduct independent investigation to verify other parties positions Child s counsel should advocate, ask questions fie motions and preserve appellate rights OK to agree with DCF but need to verify information and check with client
ISSUES RECORDS It s hard to get timely compliance from DCF Providers resist giving access to lawyers Parents don t sign releases SOLUTIONS DCF is working on compliance Legislative proposals to ease access to records
ISSUES VISITS You don t know where new clients are placed No timely notice of changed placements Hard to schedule visits SOLUTIONS OCPD/DCF NOTICE PROCEDURE(might not be working) Foster parent training
EFFORTS TO EDUCATE Started education campaign for legislators Meetings with foster parents groups Legislative efforts Child welfare oversight group, like JJPOC 10 Core Principles of Child Welfare Representation
