Children's Right to Counsel in Washington State
On January 27th, NACC's Executive Director Kim Dvorchak testified online before the Washington House Civil Rights and Judicial Committee regarding House Bill 1219, which would ensure access to counsel for children. NACC was proud to follow and support the youth leaders of The Mockingbird Society, who have led this effort for years. Click here for the hearing recording, and NACC's written testimony.
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UPCOMING NACC MEMBER WEBINARS |
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NACC February Member Webinar
Advocacy for Crossover Youth Dually Involved in the Dependency and Delinquency Systems
February 23, 2021
1-2:30pm ET
Presenters:
Brittany Mobley, JD, Juvenile Services Program Deputy Chief, Community Defender Division of the Public Defender Service for the District of Columbia
Naïké Savain, JD, Supervising Attorney, Guardian ad litem Program, Children’s Law Center (DC)
Veena Subramanian, JD, Equal Justice Works Fellow, Open City Advocates (DC)
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NACC March Member Webinar |
Use of Psychiatric Medication in Foster Children: What Lawyers Need to Know
Presenter: Martin Irwin, MD
March 25, 2021
1-3:30pm ET
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The overmedication of children – especially those in the child welfare system – is a national problem. Psychiatric medications are frequently used for children as a non-specific treatment of behavioral or sleep problems or, alternatively, to medicate sadness, anger, or worries that do not reach the level to be labeled a psychiatric disorder. It is not uncommon that a cocktail of multiple medicines will be used together. |
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Many of the drugs are not approved by the federal government’s Food and Drug Administration (FDA) for these indications and have not been tested for either safety or efficacy in children. It is therefore important for lawyers who work with children in the child welfare system to understand the appropriate use of psychiatric medication, the benefits vs. risks of the common medications prescribed to children, and the alternative treatments.
This webinar will outline general principles of treatment with psychiatric medications, discuss the appropriate use of medication that is not FDA approved, multiple medications, medications used for emergency behavioral control, and review some of the most used psychiatric medication in this population.
Do you have questions about the use of psychiatric medication in your cases?
The Doctor is in!
Dr. Martin Irwin has generously made himself available to NACC members to consult on case questions surrounding the use of psychiatric medication on children. To contact Dr. Irwin to set up a consultation, please email him at [email protected].
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25% Discount on Organizational Memberships through February! |
Organizational memberships offer Bronze-level benefits to your entire team: Member Webinars, The Guardian, The Advocate, National Listserve, and discounts on all NACC products and events--including conference! Rates are based upon the size of your legal team. Contact [email protected] to sign up!
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NACC POLICY & AMICUS NEWS |
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NACC Supports Right to Counsel in Washington State
NACC's Executive Director Kim Dvorchak testified online before the Washington House Civil Rights and Judicial Committee regarding House Bill 1219, which would ensure access to counsel for children in Washington. NACC was proud to follow the youth leaders of the Mockingbird Society, who have led this effort for years. Click here for archive testimony from the hearing, and here for NACC's written testimony.
Renewed Support for the Emergency Family Stabilization Act
The bipartisan, bicameral Emergency Family Stabilization Act (EFSA) would create a new emergency funding stream administered by the Administration for Children and Families within the U.S. Department of Health and Human Services (HHS) to provide flexible funding for community-based organizations to meet the unique needs of children, youth, and families experiencing homelessness in the wake of the coronavirus. Funds could be used for a wide range of supports shown to prevent entry into foster care: housing, health, education, employment, training, and more. NACC is pleased to support the reintroduction of this important legislation in the 117th Congress. Learn more here.
NACC Endorses COVID-19 in Corrections Data Transparency Act
NACC recently joined partners to support the COVID-19 in Corrections Data Transparency Act (H.R. 7983/ S. 4536). The bill requires the collection and reporting of key data on the spread and effect of coronavirus within all of the nation’s correctional facilities – including juvenile detention facilities. Learn more here.
CHILDREN'S BUREAU UPDATES
The U.S. Children’s Bureau recently issued several new and important guidance documents. Many of these resources can assist your advocacy, both in individual cases and at the systems level. NACC shares brief summaries below:
Civil Legal Advocacy IM (ACYF-CB-IM-21-02): Uplifts civil legal advocacy as a “critical strategy” for preventing foster care entry and promoting social-determinants of health & protective factors. Activities may range from brief legal advice to case representation, to policy reform. Areas of need include housing, immigration, public benefits, intimate partner violence, etc. as well as representation in the dependency matter if a case is petitioned. Cites to key research showing the harms of foster care entry (pg. 5) that can be avoided through the provision of civil legal advocacy. Explains effective models such as Medical-Legal Partnerships and provides examples from the field. Highlights multiple federal and non-federal funding streams to support civil legal work.
Utilizing Title IV-E Funding to Support High-Quality Legal Representation (HQLR) IM (ACYF-CB-IM-21-06) : This is a follow-up to the 2017 Information Memorandum on High-Quality Legal Rep. Summarizes new research demonstrating the impact of multidisciplinary legal representation models. Explains that HQLR is a key strategy for child welfare systems improvement, including in statewide CFSR/ PIP assessments. Emphasizes out-of-court lawyering work (such as time spent conducting an independent investigation and client counseling/ relationship building) and the importance of cultural humility. Reiterates guidance around Title IV-E for legal representation, including when children are “candidates” for foster care, and details the claiming process. Recommends use of IV-E funding for joint trainings with child welfare legal community.
PL 116-260, the Consolidated Appropriations Act, 2021 (ACYF-CB-IM-21-05): Summarizes key child welfare provisions in the recent federal COVID-19 relief package. The law Increases max ETV award for older youth from $5,000 to $12,000 until October 2022, extends age eligibility to 27 until 2021, and waives school/ work requirements. Allows much greater use of funds for room and board. Permits up to $4,000 per year of Chafee funds for driving and transportation assistance. Prohibits state child welfare agencies from forcing youth to “age out” of care before 10/1/21 and requires those agencies to allow any youth who aged out since the pandemic to opt back in; mandates agencies to conduct public awareness campaigns on this. Provides 100% federal reimbursement for FFPSA prevention services through 9/30/21 and waives restrictions on Kinship Navigator evidence-based requirements during this period. Provides significant supplemental CIP funding to all states, which may be used for “technology investments, training for judges, and services to help families address the case plan.”
Emerging Transformed - Sharing Lessons Learned from the Pandemic (ACYF-CB-IM-21-03): Acknowledges challenges posed in serving children and families because of the pandemic, which disproportionately impacted BIPOC communities (Ex. “Many ACF programs are reactive in nature with funding for support available, or eligibility triggered, only after a family is experiencing severe difficulty, or trauma to children and families has occurred. These disadvantages families that already confront economic fragility and a host of societal conditions that make life harder and present proven challenges to health and well-being, including the trauma and the impact of racism.”). Encourages child welfare leaders and stakeholders to organize an approach to systems change around: Access, Equity, Inclusion, Participation , and Support. Summarizes the new Thriving Families, Safer Children initiative, and recent federal program flexibilities, along with examples of how those opportunities have been utilized.
Achieving Permanency for the Well-being of Children and Youth (ACYF-CB-IM-21-01) – Strongly calls for a child welfare framework that values well-being, rather than “solely prioritizing timeframes in an effort to achieve permanency.” Calls on courts and attorneys to exercise oversight responsibilities around reasonable efforts, exploration of kin, and more. Summarizes law on guardianship and reinstatement of parental rights. Urges utilization of TPR filing exceptions as applicable, using data to show that “children whose parents’ parental rights have been terminated may have longer durations in care that may not result in a finalized adoption.” Additionally, explains that “placing timeliness above the substance of thorough execution of case plans and reasonable or active efforts to achieve them runs the risk of placing process over substance and promoting shortcuts in practice that can be harmful to children and families.” Cautions that “[p]re-adoptive families who wish to sever the child’s family connections for any reason other than safety should receive training and supportive counseling to understand the impact that will have on the child. Decisions for adoption finalization should be contingent upon whether the family will in fact support what is best for the child in preserving connections.” Overall, “CB strongly urges agencies and courts to remain mindful of child development needs, and the unique needs of an individual child, and ensure that those needs are not eclipsed by haste to comply with timelines and process.”
Administration for Children and Families - Youth Engagement Team Recommendations: Summarizes recommendations from older youth about how to improve permanency and well-being. Focuses on three primary strategies: (1) relational permanency; (2) permanency with kin; and (3) older youth adoption. Gives concrete tips about how to operationalize each of these goals and elevate youth voice in case planning in general. (Note: NACC Youth Advisory Board members Aleks Talsky and Courtney Canova were part of the team of contributors!).
Letter to the Field - Ensuring the Continuation of Critical Court Hearings: Many of you are working in jurisdictions where services, family time and court hearings continue to experience disruptions due to the pandemic. In this letter, the Children’s Bureau urges agencies and courts to safeguard due process and “take immediate action to ensure that quality hearings and reviews include a full opportunity to participate, occur timely, and are consistent with federal civil rights obligations.” Reiterates consideration of TPR exceptions due to the pandemic.
Court Improvement Program Instruction (ACYF-CB-PI-20-12): Updates instructions for state CIP programs. Institutes new requirements for a CIP project focused on enhancing quality legal representation. Encourages child welfare law certification as one possible strategy. Includes templates for CIPs which are helpful to review, regardless of the role you play in the system, they provide context about the framework for planning and change.
Use of Title IV-E Programmatic Options to Improve Support to Relative Caregivers and the Children in Their Care (ACYF-CB-IM-08): Begins by citing research and federal law regarding kinship care. Discusses strategies for promoting licensure of kinship foster homes and urges participation in the Guardianship Assistance Program (GAP). Reiterates Children’s Bureau’s prior recommendation that states interpret the term “kin” broadly, to include tribal kin, extended family and friends, and other fictive kin. Urges post-permanency support for relative guardians and provides a chart with info about all IV-E agencies (states and tribes) current participation in using licensing waivers and GAP.
NACC’s Youth Advisory Board has begun its process of redesigning the 2001 Recommendations for Representation of Children in Abuse & Neglect Cases. NACC is pleased to partner with Beytna Design to facilitate a process that centers on the lived experience of young people in foster care and utilizes a race equity lens. Youth Advisory Board members are offering expertise on what legal representation should look like, including client visits, communication, court participation, and more. Be on the lookout for revamped Recommendations later this year!
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Congratulations to Our Newest Child Welfare Law Specialists! |
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Stephanie Barrow, JD, CWLS
Children's Law Center of California
Monterey Park, CA
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Luwanna Brown, JD, CWLS
MHAS/Child Advocacy Program
Lake Charles, LA
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Leah Cohen-Mays, JD, CWLS
Children's Law Center of California
Monterey Park, CA
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Amber Cushman, JD, CWLS
Attorney at Law
Painted Post, NY
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Marjan Daftary, JD, CWLS
Children's Law Center of California
Monterey Park, CA
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Jeffrey Davis, JD, CWLS
Tennessee Department of Children's Services
Chattanooga, TN
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Ellie Duncan, JD, CWLS
Children's Law Center of California
Sacramento, CA
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Chori Folkman, JD, CWLS
Tulalip Office of Civil Legal Aid
Tulalip, WA
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Scott Iseri, JD, CWLS
Children's Law Center of California
Monterey Park, CA
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Michelle Jordan, JD, CWLS
Gwinnett County Guardian ad Litem Office
Lawrenceville, GA
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Lashawn Mikell, JD, CWLS
Fulton County Office of the Child Attorney
Atlanta, GA
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Michael Moats, JD, CWLS
Arkansas Administrative Office of the Courts
Springdale, AR
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Natalia Peterson, JD, CWLS
Utah Office of the Guardian ad Litem and CASA
Salt Lake City, UT
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Ann Quirk, JD, CWLS
Children's Law Center of California
Sacramento, CA
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Katie Rooney, JD, CWLS
Lathrop Gage, LLP
Kansas City, MO
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Jennifer Villavicencio, JD, CWLS
Children's Law Center of California
Monterey Park, CA
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Get certified and join the CWLS community!
Discounted application fee for NACC members: $375 (Nonmembers: $500)
The CWLS application fee includes the exam and a hard copy of Child Welfare Law and Practice, 3rd Edition (shipped once application and fee are submitted).
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NACC'S ONLINE RED BOOK TRAINING COURSE
Register for our Spring Course Today!
March 3rd through April 14th
Join sessions live and/or watch the recording--six months of access!
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The Red Book Training Course is an indispensable asset to all attorneys aiming to improve their knowledge base and elevate their practice. The training covers major dependency practice competency areas and also includes exam preparation strategies and tools for those intending to become certified Child Welfare Law Specialists. The material covered in the course is drawn from Child Welfare Law and Practice: Representing Children, Parents, and State Agencies in Abuse, Neglect, and Dependency Cases (3rd Edition), ("the Red Book").
The course consists of seven weekly webinars. Participants can join the course live or watch/listen to recordings — all live sessions are recorded and participants will have access to the recordings for six months. Registration for the course also includes access to the electronic version of the Red Book for six months. Hard copies of the Red Book are available for purchase. The registration fee for the course is:
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$100 CWLS
$200 NACC members and Groups
$275 Nonmembers
NACC staff is ready to assist in registering a group for the course, ordering hard copies of the Red Book, and/or coordinating a cohort to become certified as CWLS. Please contact Daniel Trujillo, NACC Director of Certification, Sales, and Technology, at [email protected] for group registrations, additional information about the course, or CWLS certification.
Unable to attend the Spring course? Consider joining one of NACC’s other two 2021 Red Book Training Course sessions:
Summer Course: May 12th – June 23rd, 2021
Fall Course: September 8th – October 20th, 2021
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NACC CONFERENCE - ABSTRACTS OPEN!
SUBMISSION DEADLINE – MARCH 1, 2021
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NACC’s 44th National Child Welfare Law Conference
From Crisis to Innovation: Toward a Family-Centered Justice System
Denver, Colorado
August 13-17, 2021
The National Association of Counsel for Children (NACC) is accepting abstract submissions now through March 1, 2021 (firm deadline) for its 44th National Child Welfare Law Conference.
The theme of this year’s conference is From Crisis to Innovation: Toward a Family-Centered Justice System. The conference will highlight and elevate the voices of those individuals most impacted by the child welfare and delinquency systems, including youth and parents with lived expertise and those disproportionately impacted by systems involvement, particularly Black and Indigenous families.
Conference sessions should be designed for a national audience, expand attendees’ understanding of the law, provide practical tools and resources to support legal advocacy, and provide information and strategies for systems improvement.
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ABA Releases Family First Guide:
Engaging and Empowering Youth in Foster Care:
Colorado’s Office of the Child Representative has released an important new report about youth feedback on their experiences of legal representation. Following an in-depth series of surveys, focus groups, and court observations, the report makes recommendations about how children’s attorneys can better empower youth in court proceedings. Check out the full report and the executive summary.
Training and Technical Assistance Opportunity to Address Youth Homelessness and Juvenile Justice: Help address the intersection of homelessness and juvenile justice by applying for a unique training and technical assistance opportunity. Communities will be selected to receive training and technical assistance from the Coalition for Juvenile Justice, the National League of Cities' Institute for Youth, Children, and Families, the National Council of Family and Juvenile Court Judges, the National Network for Youth, and NACC! Over the course of the next 12 months, selected communities will identify how local policies and practices align with the recommendations in the Principles for Change. Selected communities will take an in-depth look at current data and resources in their community, identify gaps in services, and establish concrete, measurable goals to end links between youth homelessness and juvenile justice. To apply click here. Applications are due February 26th.
The John Burton Advocates for Youth, Juvenile Law Center, and School House Connection will host an upcoming webinar on “New FAFSA Policies for Homeless and Foster Youth.” The presentation will focus on the recent revisions to the Free Application for Federal Student Aid which impact unaccompanied youth experiencing homelessness and current and former foster youth. The webinar will provide an overview of the provisions related to homelessness and foster care, summarize the broader changes to financial aid policy, provide timelines for implementation, offer opportunities to ask questions and provide helpful practice resources. Thursday, February 4th at 4p ET. Register in advance here.
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NACC COVID-19 RESOURCE HUB |
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NACC continues to answer the community's call for guidance and advocacy support regarding COVID-19 and its impact on clients, cases, processes, and policy. See continuously updated resources on NACC's COVID-19 Resource Hub.
See Open Webinars as well!
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NEW! Monthly Member Orientation and Discussion Forum |
Join NACC's Executive Director Kim Dvorchak for a brief orientation to learn more about the services, products, networks, and resources available to you as a member of NACC. Then stay for an open forum to discuss issues impacting child welfare practice and our profession. Meet NACC members and staff on the 4th Thursday of the month at 4 pm ET.
February 25th at 4 pm Eastern.
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2020 in Hindsight Webinar: Child Welfare Law Year in Review
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Ethics of Children's Legal Representation -- CLE credit available!
- Clearing the Path to Access Benefits for Transition-Aged Youth -- CLE credit available!
- Understanding Racial Trauma and Institutional Racism to Improve Cultural Responsiveness, Race Equity, and Implicit Bias in Child Welfare Cases
- Trauma Responsive Skills for Lawyers Part 2: Working with Clients in Crisis --CLE credit available!
- Don't Minimize the Moment: Truth, Reparatory, Justice, and Healing for Black Families Who Are Descendants of Captive and Enslaved Africans in the U.S. -- CLE credit available
- Children and Families at a Crossroads: Client-Centered Cross-Practice Representation of Undocumented Children --CLE credit available
- The Next Level: Appellate Practice in Child Welfare Cases -- CLE credit available
- How To Use Federal Reasonable Efforts Requirement to Advocate for Older Youth -- CLE credit available
- Research on Youth Perceptions of High-Quality Legal Representation -- CLE credit available
- Family First Preservation Services Act -- CLE credit available
- And More!
- Meaningful Youth Engagement in a Virtual Legal World -- CLE credit available
- Advocacy for Youth in Congregate Care during COVID-19 -- CLE credit available
- Trauma-Responsive Skills for Lawyers During COVID-19 -- CLE credit available
- Zealous Advocacy During COVID-19: Practical Tips and Best Practices -- CLE credit available
- NACC General Membership Webinar on COVID-19
Discount on The Imprint
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NACC members receive 10% off subscriptions, use code NACC10 at checkout!
- Youth Voices
- Resource Spotlight
- Law Office Corner
- Research Highlights
Want to join the NACC listserv? Need help logging in?
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National Association of Counsel for Children | www.NACCchildlaw.org |
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