Characteristics of Attorneys Representing Children in Child Welfare Cases

Every day in state and local courts throughout the United States, judges are called upon to decide who should have the responsibility for the immediate and long-term care of neglected and abused children. Federal recognition of the right to independent advocacy for children subject to these proceedings originates with the 1974 Federal Child Abuse Prevention and Treatment Act (CAPTA). As a condition of receiving federal funds for child abuse prevention services through CAPTA, states must provide for the appointment of an appropriately trained guardian ad litem (GAL) for every child whose case results in a judicial proceeding. A guardian ad litem (GAL) may be an attorney, a lay advocate (such as a Court Appointed Special Advocate (CASA)), or both. CAPTA charges child representatives to obtain first-hand a clear understanding of the situation and needs of the child; and to make recommendations to the court concerning the best interests of the child. This CAPTA requirement reflects the view that children have interests that should be represented in these proceedings that may differ from the interests of their parents and the state. Even though the state has brought the action to protect the child, the voice and needs of the child may get lost in the fray of arguments and allegations between the state\u27s lawyers, parents, and other adults that are parties to the case. Furthermore, the child needs an advocate if the state fails to deliver on necessary services and actions due to fiscal constraints and/or organizational failures

Children\u27s Justice: How to Improve Legal Representation of Children in the Child Welfare System

From 2009 to 2016 the University of Michigan Law School served as the National Quality Improvement Center on the Representation of Children in the Child Welfare System (QIC-ChildRep). This seven-year, multimillion dollar project, directed by Clinical Professor Don Duquette, conducted a national needs assessment that identified a substantial consensus on the role and duties of the child’s lawyer. The needs assessment led to the QIC-ChildRep Best Practice Model, an update and expansion of the 1996 ABA Standards for Lawyers Representing Children in Child Abuse and Neglect Cases. Released in 2016 as a300-page softcover book, CHILDREN\u27S JUSTICE is the final report of the QIC-ChildRep project, guiding the reader through 13 chapters and 3 appendices: Chapter 1: Challenge: Improve Child Representation in America Chapter 2: Evolution of Child Representation Chapter 3: National Needs Assessment Chapter 4: Emerging Consensus and the QIC Best Practice Model Chapter 5: Six Core Skills and the QIC Best Practice Training Chapter 6: What the Lawyers Say About Implementing the Six Core Skills Chapter 7: Sample Selection and Research Methods Chapter 8: Profile of Lawyers Representing Children Chapter 9: Lawyer Activities and Their Impact Chapter 10: Findings of the Evaluation of the QIC-ChildRep Best Practices Model Training for Attorneys Chapter 11: Reflections on QIC Empirical Findings Chapter 12: The Flint MDT Study: A Description and Evaluation of a Multidisciplinary Team Representing Children in Child Welfare Cases Chapter 13: How to Improve Legal Representation of Children in America’s Child Welfare System Appendix A: QIC Best Practice Model of Child Representation in the Child Welfare System Appendix B: 1996 American Bar Association Standards of Practice for Lawyers Who Represent Children in Abuse and Neglect Cases Appendix C: 2011 ABA Model Act Governing Representation of Children in Abuse, Neglect and Dependency Proceedings This product was created by the National Quality Improvement Center on the Representation of Children in the Child Welfare System at the University of Michigan Law School, Cooperative Agreement No. 90CO1047, funded by the Children’s Bureau, Administration for Children and Families, U.S. Department of Health and Human Services.https://repository.law.umich.edu/books/1109/thumbnail.jp

Evaluating contract agency performance in achieving reunification

This paper analyzes the performance of contract agencies in achieving timely permanency for children in foster care. Using the Cox regression model on administrative data of children admitted in three years, we examine the hazard rate of family reunification for each agency both relative to its peers and compared with its own performance in previous years. This is achieved by introducing an interaction term between the agency dummy and the entry-year indicators. Doing this provides a dynamic and comprehensive view of an agency's performance both over time and in relation to other agencies in the same locale. We believe that our modeling technique can serve as an effective tool for child welfare administrators to evaluate the performance of foster care service providers.Contract agency performance Foster care Reunification

Characteristics of Attorneys Representing Children in Child Welfare Cases

Every day in state and local courts throughout the United States, judges are called upon to decide who should have the responsibility for the immediate and long-term care of neglected and abused children. Federal recognition of the right to independent advocacy for children subject to these proceedings originates with the 1974 Federal Child Abuse Prevention and Treatment Act (CAPTA). As a condition of receiving federal funds for child abuse prevention services through CAPTA, states must provide for the appointment of an appropriately trained guardian ad litem (GAL) for every child whose case results in a judicial proceeding. A guardian ad litem (GAL) may be an attorney, a lay advocate (such as a Court Appointed Special Advocate (CASA)), or both. CAPTA charges child representatives to obtain first-hand a clear understanding of the situation and needs of the child; and to make recommendations to the court concerning the best interests of the child. This CAPTA requirement reflects the view that children have interests that should be represented in these proceedings that may differ from the interests of their parents and the state. Even though the state has brought the action to protect the child, the voice and needs of the child may get lost in the fray of arguments and allegations between the state\u27s lawyers, parents, and other adults that are parties to the case. Furthermore, the child needs an advocate if the state fails to deliver on necessary services and actions due to fiscal constraints and/or organizational failures

Children\u27s Justice: How to Improve Legal Representation of Children in the Child Welfare System

From 2009 to 2016 the University of Michigan Law School served as the National Quality Improvement Center on the Representation of Children in the Child Welfare System (QIC-ChildRep). This seven-year, multimillion dollar project, directed by Clinical Professor Don Duquette, conducted a national needs assessment that identified a substantial consensus on the role and duties of the child’s lawyer. The needs assessment led to the QIC-ChildRep Best Practice Model, an update and expansion of the 1996 ABA Standards for Lawyers Representing Children in Child Abuse and Neglect Cases. Released in 2016 as a300-page softcover book, CHILDREN\u27S JUSTICE is the final report of the QIC-ChildRep project, guiding the reader through 13 chapters and 3 appendices: Chapter 1: Challenge: Improve Child Representation in America Chapter 2: Evolution of Child Representation Chapter 3: National Needs Assessment Chapter 4: Emerging Consensus and the QIC Best Practice Model Chapter 5: Six Core Skills and the QIC Best Practice Training Chapter 6: What the Lawyers Say About Implementing the Six Core Skills Chapter 7: Sample Selection and Research Methods Chapter 8: Profile of Lawyers Representing Children Chapter 9: Lawyer Activities and Their Impact Chapter 10: Findings of the Evaluation of the QIC-ChildRep Best Practices Model Training for Attorneys Chapter 11: Reflections on QIC Empirical Findings Chapter 12: The Flint MDT Study: A Description and Evaluation of a Multidisciplinary Team Representing Children in Child Welfare Cases Chapter 13: How to Improve Legal Representation of Children in America’s Child Welfare System Appendix A: QIC Best Practice Model of Child Representation in the Child Welfare System Appendix B: 1996 American Bar Association Standards of Practice for Lawyers Who Represent Children in Abuse and Neglect Cases Appendix C: 2011 ABA Model Act Governing Representation of Children in Abuse, Neglect and Dependency Proceedings This product was created by the National Quality Improvement Center on the Representation of Children in the Child Welfare System at the University of Michigan Law School, Cooperative Agreement No. 90CO1047, funded by the Children’s Bureau, Administration for Children and Families, U.S. Department of Health and Human Services.https://repository.law.umich.edu/books/1109/thumbnail.jp