See About Us, Casey Fam. At the end of the nine-month period, the case was dismissed. Because the agency caseworker failed to attend this medical conference, however, the agency continued to insist in court that the surgery was required and assert that the surgeon considered Mr. Sanchezs refusal to consent to the surgery as placing Eduardo at serious risk of harm. Rev. Brooklyn Defender Services 566 Livonia Avenue Brooklyn, NY 11207. In contrast, the family defender office attorney who worked with the parent during the late stages of her pregnancy is well prepared to advocate on the parents behalf from day one. According to Tina Luongo, chief attorney for New York City's Legal Aid Society's criminal defense practice, new crime trends . On the morning the hearing was to be held, the agency attorney agreed that there no longer was a risk to returning the baby to her mother. The offices, unlike the panel lawyers, do not think solely in terms of when is the case next in court. There are too many heroes in those offices to name here; this Article is a celebration of the remarkable work they do every day supporting and fighting for justice for the many parents living in poverty who have to endure the coercive intervention of the child welfare system. Beginning that year, the Office funded a new model of public defense for families facing charges of abuse or neglect in three counties in New York City. Ct. Apr. Mr. Sanchez took his son to Mexico and completed the treatment. Brooklyn Defender Services 177 Livingston St., 7th Fl. That knowledge commonly results in the offices achieving better, faster results for their clients than the child welfare agency is capable of, with considerably less disruption of the family, eliminating or significantly shortening the time children are forced to live apart from their families. Davis. See also In re Hofbauer, 393 N.E.2d 1009 (N.Y.1979). We fight to protect New Yorkers from the trauma of separation from their loved ones and to reunite families as soon as possible. See also Jason A. Oetjen, Natl Council of Juv. E communityoffice@bds.org. Between 1975 and 2007, this was the kind of representation most parents were able to receive when they were eligible for court-assigned counsel.17 In 2007, the then-named Mayors Office of Criminal Justice agreed to engage in an experiment that had a dramatic impact on child welfare practice in New York City: it offered contracts to three offices to become the primary lawyer assigned to represent parents in child welfare cases. Hearing (Aug. 16, 2018) (written testimony of Lisa Schreibersdorf, Exec. Effects of an Interdisciplinary Approach, supra note 1, at 5253. Instead, she would have met her lawyer for the first time minutes before her first hearing, and that lawyer would have to make the argument for the return of her baby knowing only what could be learned in that short time. For most parents, this conference, occurring at one of the most emotionally laden moments of their lives, and which will fatefully determine whether they will be allowed to bring their child home with them from the hospital, is something they endure alone without representation or support. In Queens and Richmond County (Staten Island), no change to the legal representation landscape occurred at that time. John B. Mattingly, Safety Planning for Newborns or Newly Discovered Children Whose Siblings Are in Foster Care: Child Safety Alert #14 (Revision), N.Y.C. The teams successful representation of Mr. Sanchez began with a careful, nuanced interview with him allowing the social worker, who was fluent in Mr. Sanchezs native language, to grasp that he never was unalterably opposed to the surgery but merely wanted one more opportunity to see if it were preventable. In 41 cases, the children were placed with one of their parents, and in 17 cases children were placed with relatives of their parents choosing. 79. 82. 42 (2019), https://doi.org/10.1016/j.childyouth.2019.04.022 [hereinafter Effects of an Interdisciplinary Approach]. Instead, the agency staff members told Ms. Anderson and her team that they would not allow Ms. Anderson to leave the hospital with her baby and to prepare to go to court the next day when they would be filing a petition alleging neglect based on the allegations in the case of Ms. Andersons previous child. Brooklyn Defender Services (BDS) is one of the largest public defense providers in the United States. Ms. Greens attorneys used this knowledge to start planning their settlement and trial strategy.73. Very commonly, abuse petitions involving physical injuries to children are filed in the absence of direct evidence concerning how the injury was sustained. N.Y. Unified Ct. Sys. See Understanding the Effects of an Interdisciplinary Approach, supra note 4, at 56. Agencies too often offer parents little help or guidance in obtaining services, commonly doing little more than providing a parent an address and expecting the parent to find the service, make the appointment, and wind his or her way through a maze of confusing requirements. Full-time. The strategy worked. for Child.s Servs., Children in Foster Care by Borough/CD of Foster Care Placement, /content/aba-cms-dotorg/en/groups/family_law/publications/family-law-quarterly/volume-54/issue-1/how-family-defender-offices-new-york-city-are-able-safely-reduce-time-children-spend-foster-care, Preserving Families: Parent Representation, Immigration Reform, and LGBTQ+ Rights, https://doi.org/10.1016/j.childyouth.2019.04.022, https://doi.org/10.1016/j.childyouth.2020.105163, http://ww2.nycourts.gov/sites/default/files/document/files/2019-02/PLR_Commission-Report.pdf, https://www.bronxdefenders.org/our-work/family-defense-practice/, https://www.cfrny.org/our-work/team-model/, https://neighborhooddefender.org/services/family-defense/, http://bds.org/wp-content/uploads/2018.08.16-BDS-testimony-to-the-Commission-on-Parental-Representation-FINAL.pdf, http://www.opd.wa.gov/documents/0047-2003_PRP_Evaluation.pdf, https://cbexpress.acf.hhs.gov/index.cfm?event=website.viewArticles&issueid=208ionid=2&articleid=5378, https://www.americanbar.org/groups/public_interest/child_law/project-areas/parentrepresentation/, https://www1.nyc.gov/assets/dhs/downloads/pdf/CITYFEPS/CITYFEPS-fact-sheet.pdf, https://www1.nyc.gov/site/acs/child-welfare/will-acs-take-my-child.page, https://www1.nyc.gov/assets/cchr/downloads/pdf/publications/Pregnancy_Report.pdf, nycourts.gov/ip/Parental-Legal-Rep/PDFs/NYCPublicHearing9-27-18_F.pdf, https://caseyfamilypro-wpengine.netdna-ssl.com/media/SF_Quality-parent-representation_fnl.pdf, https://www.americanbar.org/groups/public_interest/child_law/resources/child_law_practiceonline/january---december-2019/providing-parents-multidisciplinary-legal-representation-signifi/, http://www.nycourts.gov/ip/Parental-Legal-Rep/PDFs/InterimReport-FINAL.pdf, https://static1.squarespace.com/static/53ee4f0be4b015b9c3690d84/t/54138debe4b037d2d5803f6b/1410567659179/CWW-vol9.pdf, https://www1.nyc.gov/assets/acs/pdf/data-analysis/2020/incarefostercare.pdf. See, e.g., N.Y. Soc. 83. Commn on Parental Legal Representation Pub. See Commn on Parental Legal Representation, Interim Report to Chief Judge DiFiore 1215 (2019), http://ww2.nycourts.gov/sites/default/files/document/files/2019-02/PLR_Commission-Report.pdf (discussing history of parental representation in New York State). When the new tests were made available to the surgeon later that day, he continued to support Mr. Sanchezs plan for treating his son. Supervising Attorney, Family Defense Practice - Brooklyn Defenders New York, New York, United States . What the previous articles did not disclose in any depth is what is actually involved in representing parents in child welfare cases and what the staff do in individual cases. Our attorneys, social workers and other staff work together to advise, assist and represent parents every step of the way. Similarly, preventing a parent from being removed from the country for an immigration-related reason is also beyond what agency caseworkers do.92 But real-life events such as these must be given the highest possible priority if parents are to achieve their objective of regaining the custody of their children from foster care. Countless aspects of practice have been improved through these macro advocacy efforts, none of which had ever been undertaken twenty years ago.98 To provide some perspective, without intending to give the defender community too much credit for the results, the foster care population in New York City has shrunk to an astonishing degree over the past twenty years (a trend not followed nationally). . Id. See, e.g., In re Philip M., 624 N.E.2d 168 (N.Y. 1993). & Lauren Shapiro, Dir., Family Def. There is no question that the in-court advocacy engaged in by the family defender offices is of a much higher order than that practiced by the panel lawyers, as the qualitative study attests. It's time to renew your membership and keep access to free CLE, valuable publications and more. After three years, the agency successfully prosecuted a termination of parental rights case against her. Ms. Green was a single parent of an eight-month-old daughter, Sophia. This, in turn, most commonly means focusing on how parents have changed since the case began. The Article ends with the conclusion that those committed to a child welfare system that avoids the needless separation of children from their families should embrace the new family defender model exemplified by the New York City offices whose work is described and celebrated in the Article. In 2013, the Legal Services NYC contract ended, and the South Brooklyn Services Office that was handling the Brooklyn Family Court caseload merged with Brooklyn Defender Services, a preeminent public interest law office with contracts to represent indigent defendants in criminal cases as well as immigration and other matters. Even worse, when parents are unrepresented, the plans may fail to identify services the agency should be providing for the particular needs and circumstances of the family. 89. Criminal Defense Practice Social Worker. Despite agreeing to attend the meeting, however, the agency caseworker never came to the meeting. Being involved at the earliest stages of a case in designing a case plan, or in accurately assessing the needs (if any) of a parent, is a critical step in minimizing the amount of time children need to spend in foster care because the most important factor courts consider when deciding whether to return children from foster care to their family is whether the circumstances that led to the placement have sufficiently changed. This destroys the fabric of multiple lives and leaves long-lasting effects on children, parents, spouses, grandparents and siblings. The ongoing relationship may mean the mother became pregnant during the pendency of an ongoing court case (a frequent occurrence). Commn on Parental Legal Representation Public Hearings 38 (Sept. 27, 2018), http:/nycourts.gov/ip/Parental-Legal-Rep/PDFs/NYCPublicHearing9-27-18_F.pdf (oral testimony of Jeanette Vega, Training Dir., RISE). To provide even a sense of the breadth of this work, the Brooklyn Defender Services Family Defense Practice litigates more than forty emergency hearings each month (or about 500 a year) to keep children home or have them returned from foster care sooner than the agency is prepared to allow. They communicate frequently with caseworkers to rearrange meetings and services, to plan for the next steps, and for many other reasons. The prior quantitative and qualitative studies focused exclusively on outcomes of cases and on the views of professionals who see the work of the family defenders in family court. Beginning cautiously, New York City first awarded separate contracts for three of its five counties to three different not-for-profit organizations, each one authorized to accept court assignments in one county. Article 10 Attorney for the Family Defense Practice Team. The medications began working after only a few weeks and Ms. Barrow quickly regained her focus. The practice was recently the focus of a critical report issued by the New York City Commission on Human Rights. Bronx Defenders began as an organization that only did criminal defense. The plan was to update the judge on Ms. Andersons progress and to request that the court schedule a formal hearing to determine if it still was necessary to keep the baby in foster care. See supra note 18. What services have they completed? Before going to housing court, the defender offices housing specialist contacted the City office that was providing the rental subsidy to explain the problem and was able to get the office to write an additional check to her landlord to eliminate all arrears on her rent. Recognizing that as soon as the baby was born, the agency would conduct a child safety conference at which it would make fateful decisions involving the family, the new team immediately started planning with Ms. Anderson. In re Ella B., 285 N.E.2d 288, 290 (N.Y. 1972). 2 (. $68,640 a year. The staff lawyers also benefit by having access to motions previously filed by colleagues in other cases and an administrative staff to help them efficiently file motions with the court.61 These offices have developed a deep knowledge of the communities their clients live in and strong ties with local resources and service providers. Id. When the case was first filed in court, the judge only permitted Ms. Green twice-weekly supervised visits at the foster care agencya sterile environment unconducive to an engaging opportunity for parents and children to maintain ties. If I hadnt had the support of BDS, I wouldnt have been able to stop ACS from removing my kids. For most panel lawyers, if a matter is continued on the court calendar for six weeks, the lawyer is able to put the case in a folder and reopen it one or two days before the next court date. In this case, the office was assigned to represent Carlos Sanchez, after a petition was filed by the local child welfare agency accusing him of neglecting his son by failing to consent to what the agency asserted was necessary surgery. First, the social worker went to the home to assess for herself the conditions in the apartment. Are you or someone you know being investigated by the police or ACS? At the end of the six months, the case was dismissed. In order for the reader to appreciate fully the contribution of these offices, and the critical need for them to spread throughout the country, it is vital that the reader grasp a fundamental truth about the child welfare system in the United States: it far too commonly makes fateful decisions about children and families that are based on errors that, in the absence of a significant check and balance provided by holistic family defenders, would never come to light. What follows are case examples of how the offices achieved great success for their clients.67 They are offered both to bring to life how the offices do their work and why everyone committed to a better-functioning child welfare system should want offices like this practicing throughout the country. There are still other differences between the offices, including the number of staff employed and the various positions each office created. Without the offices housing advocacy, Ms. Barrow would have had no home for her newborn to return to. They help their clients persevere what is otherwise a long, lonely, and frightening journey by staying in close, regular contact with them. 96. Commn on Parental Legal Representation Pub. Judges, Improving Parents Representation in Dependency Cases: A Washington State Pilot Program Evaluation (2003), http://www.opd.wa.gov/documents/0047-2003_PRP_Evaluation.pdf (presenting results of an earlier study of pilot programs in two juvenile courts in different settings and locations). After family defender offices complained about the problem and lobbied for a solution, the New York City Administration for Childrens Services changed its policy in 2019 in an announced All Staff Bulletin clarifying that If the parent is eligible for coverage, or assistance that they are not receiving, such as Medicaid or private insurance, the CPS or case planner must assist the family with applying for such assistance. See N.Y. Fam. Popular Searches Brooklyn Defender Services Bds . 61. The company is headquartered in Brooklyn, New York. One of the family defender offices responded to this practice by creating a special unit assigned to handle cases of this kind.80 The special unit is designed to better represent pregnant mothers who become enmeshed with the child welfare system. Commn on Parental Legal Representation, Interim Report to Chief Judge DiFiore 2629 (2019), http://www.nycourts.gov/ip/Parental-Legal-Rep/PDFs/InterimReport-FINAL.pdf. Because Ms. Green could not say with certainty what caused the skull fracture, the defense team relied on an expert who analyzed the X-rays and determined that they were fully consistent with an accidental fall, thus providing the needed evidence that Sophias injury was not necessarily the result of abuse. In those counties, the only legal representation afforded to parents in these proceedings was the assignment of solo practitioners who were members of the assigned counsel panel of attorneys eligible for court assignment. [or] ensure that clients receive necessary services and prepare appropriate service plans . As a result, a second meeting was scheduled with the surgeon, Mr. Sanchezs defense team, and the agency. See id. 99. The lack of out-of-court work that characterizes panel attorney legal representation in New York City goes well beyond leaving parents to fend for themselves in emotionally challenging meetings such as family team conferences and case planning conferences. is a public defense office that provides outstanding representation and advocacy to people facing loss of freedom, family separation and other serious legal harms. They then returned to their permanent residence in New York. This program, known as City FHEPS, is administered by New York Citys Human Resources Administration. Caseworkers are a critical player in each case. Part III briefly describes the findings in the qualitative study. When the agency interviewed her, Ms. Green told the investigators the same thing she told the doctors at the hospital. Among the most unsettling aspects of child protection intervention in New York City is the practice of the local child protection agency removing newborns from their mothers custody at the hospital. It is impossible to wholly disentangle the many interrelated factors that affect how many children are in foster care at any given time, but there is little doubt the outstanding work of the family defenders, both in the courtroom and at high-level policy meetings, has contributed to the continued shrinking of New York Citys foster care population. for Family Representation, https://www.cfrny.org/our-work/team-model/ (last visited Oct. 18, 2020). The family defender system characterized by the work performed by the New York City offices is a significant contribution to the child welfare field. The leading characteristic of the offices method of representing parents is to participate actively in the case conferences held at the agency where the case plan for each case is established.65 These plans set the stage for all that follows and are often the single most important factor in a cases outcome. Brooklyn Defender Services is a company located in Brooklyn, NY, United States. Social hold is a colloquial term used to describe the practice of a hospital separating new parents from their child immediately following birth while a report to the State Central Register of Child Abuse and Maltreatment or an ACS investigation is pending. N.Y. Unified Ct. Sys. This Article is designed to bring to life the proactive nature of the multidisciplinary practice. None of this work is possible when parents are assigned panel attorneys who work as solo practitioners on their cases. See Effects of an Interdisciplinary Approach, supra note 1; see also Understanding the Effects of an Interdisciplinary Approach, supra note 4. This problem, known as gap of payment for services, meant that parents were substantially delayed in beginning a service because of poverty, resulting in extending the time children remained in foster care. 32. See Meyer v. Nebraska, 262 U.S. 390 (1923); Pierce v. Socy of Sisters, 268 U.S. 510 (1925); Prince v. Massachusetts, 321 U.S. 158 (1944); Wisconsin v. Yoder, 406 U.S. 205 (1972). Once the judge could be persuaded of this, the prospects of significantly increasing the amount of time Ms. Green could spend with her child were greatly advanced. See Paredes v. City of New York, No. New York law does not require that the agency prove how certain injuries were sustained.71 Instead, when the injuries appear to be the result of abuse, it is sufficient for the agency to allege that the child sustained an injury that most likely was the result of child abuse, creating a rebuttable presumption where the parent may present evidence either proving how the injury was sustained or why the parent should not be held legally accountable for the injury.72 When a petition alleges no direct evidence of abuse, but rather that the nature of the injury is such that it must have been the result of abuse, parents and attorneys are placed in a difficult position. Because the qualitative study focused so much on what the new family defender offices did in court, the case descriptions that follow focus on the out-of-court work that is crucial to the holistic model employed by the offices. For MAil . When these errors are not revealed, the official record supports the erroneous conclusion that a child was removed from a parents home for a substantial reason. Ignoring them as part of the defensive strategy is only a tiny step away from ignoring the case conferences. See Family Defense, NDS: The Power of Pub. See In re Philip M., 624 N.E.2d at 172. Without Ms. Anderson having the team working with her, she would be expected to attend this conference alone with agency caseworkers and supervisors. With the housing crisis abated, the rest of the family defense team could keep its focus on the family court case. L. & Poly 141 (2002). See Casey Family Programs, How Does High-Quality Legal Representation for Parents Support Better Outcomes? Mr. Sanchez further explained that he did not rule out giving his consent to the surgery, only that he wanted one more time to see if it could be avoided by securing alternative treatment. Because the bump did not immediately appear on Sophias head, Ms. Green could not be certain how the injury was sustained. At this point, the court appointed one of the family defender offices to represent Mr. Sanchez. & Youth Servs. Lucas A. Gerber et al., Effects of an Interdisciplinary Approach to Parental Representation in Child Welfare, 102 Child. By now, two additional months had passed, and the surgeon thought it wisest to order a new series of x-rays before making any decision that day. Mr. Sanchez brought Eduardo to a public hospital for medical attention. But because she would be applying for shelter housing at a time when her children were not in her custody, she would be counted as a single person living alone and would be eligible only for a studio-sized apartment, unsuitable for children. . 30+ days ago Full Time. These reviews are essential to the success of reunification efforts. The essence of the kind of representation offered by the three offices that were part of the study (as well as the template for the work done by the Neighborhood Defender Service of Harlem, the fourth office doing this work in New York City) is that clients receive a team of advocates, commonly including an attorney, a social worker, and a parent advocate. Apply to Social Worker, Social Work Supervisor, Staff Attorney and more! But often the agency seeks to remove newborns from the hospital in a case in which the agency has an ongoing involvement with the mother. They also prepared for the birth of the baby, finding a trauma-trained doula and helping Ms. Anderson to set up her home with all the essentials for a baby. for Child.s Servs., All Staff Bulletin (July 16, 2019) (on file with the author). Hybrid remote in Brooklyn, NY 11201. Lauren Shapiro has been working as a Managing Director, Family Defense Practice at Brooklyn Defender Services for 16 years. 24. The parties agreed to a settlement, where Ms. Andersons daughter would be returned to her care immediately. Until such assistance is available, the CPS or case planner must ensure that appropriate services are provided, including payment for such services. N.Y.C.