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

1. National Quality Improvement Center on the Representation of Children in the Child Welfare System Tribal Child Welfare Gathering Midwest Child Welfare Implementation Center Petoskey, Michigan May 4 & 5, 2010

2. Project Team U.S. Children’s Bureau Gail Collins & David Kelly Michigan Law SchoolPal-TechDon Duquette Karl EnsignFrank Vandervort Robyn Ristau Elizabeth Lee Cindy Samples American Bar Foundation Robert Nelson & Elizabeth Mertz KidsVoice of Pittsburgh Scott Hollander & Jonathon BuddNational Association of Counsel for ChildrenMaureen Farrell-Stevenson & Amanda Donnelly

3. 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

4. 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.

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

7. Logic Model

8. Research Questions • 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)? • 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? • To what extent is there agreement on developing, implementing and following clearly defined and specified duties, activities and core competencies? • How does the child representative accommodate the child’s wishes in setting the goals of the advocacy?

9. Research Questions – (cont.) • When standards of practice are defined and implemented, what individuals or teams are essential/best for delivering competent representation? • Once improvements and reforms are undertaken, do short-term, intermediate, and longer-term outcomes improve? • Are there contextual variables that independently impact outcomes? • 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?

10. Needs Assessment Overview

11. Implementation Plan Draft“The End Product” I. Literature Review II. Conceptual Framework & Logic Model Admin. Structure for Selecting & Implementing R& Sites, Certification IV. Evidence Base for Models Selected V. Technical Assistance Plan VI. Design of Administrative & Management Structure

12. NEEDS ASSESSMENT: Law on the Books Review: State laws governing child representation. Model Acts Literature and Scholarship

13. NEEDSASSESSMENT: Law in Practice State reports Notable Offices Site Visits State Needs Assessment CIP Directors CASA Judges Lawyers Caseworkers . Focus groups at professional meetings.

14. 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 witnesses Review relevant documents (releases) Court Caseworker Medical Talk with lawyers for other parties (and possibly other parties)

15. ABA Standards Lawyer’s Tasks (2) Attend all hearings & participate fully Prepare witnesses Call 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 appropriate File pleadings as necessary Answer petition/complaint Motions periodic reports Request services for child as necessary to meet child’s needs Discuss child’s needs with relevant professionals Negotiate settlement of the case

16. ABA Standards of Practice ModelCourt’s Tasks (3) 1. Assure independence of child’s representative 2. Training for children’s lawyers Judges should be involved in training lawyers Make available both basic and advanced training opportunities 3. Assure adequate compensation 4. Assure reasonable attorney caseloads

17. 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.

18. R/D PROJECTSRESEARCH AND EVALUATION Pal-Tech: Work with local evaluators. Track data and information submission Collect insights on implementation and measurement Analyze data across sites ABF: Conduct a limited case review to supplement descriptive information of the implementation process

19. POSSIBLE APPROACHES TO DEMONSTRATION SITES Best Practice Model – Lawyer Only Best Practice Model – Lawyer plus Social Worker Best Practice Model – Lawyer plus CASA * How does representative accommodate the Child’s Wishes?

20. 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

22. DISCUSSION QUESTIONS What 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?

23. Help Us Set the Course?