The Children's Law Podcast

That's the rate at which infants and toddlers are being removed from their homes in the U.S. according to new research from Zero to Three, and this age group makes up nearly 50% of the foster care population. What should children's attorneys know when advocating for this population? Angela interviewed Shannon Felder, Training Director from the NACC to get some practical advice and a preview of NACC's upcoming Infants and Toddlers series. Some of the issues discussed included: Are sibling bonds among infants and toddlers being discounted because they haven't had time to solidify yet? What does "compassionate advocacy" look like in the context of children 0-5? For attorneys representing these children, does secondary trauma hit differently? Child welfare research is always evolving, so for attorneys who want to learn more the NACC is offering a four-part training begins October 30. Click here for details and to register.

In this episode we're talking about staying in the profession, with ideas for both individual attorneys and organizations. The reality is there isn't always money available to retain employees in this field, even if they love it. Angela, Jim, and Deborah (a new voice) discuss strategies they've used and new ideas from their facilitated discussion at the National Association of Counsel for Children conference.

In this episode Angela interviews Jonathan Budd, Associate Executive Director from KidsVoice in Pittsburgh about strategies KidsVoice uses to retain lawyers. Jonathan says if he had to emphasize two things they would be flexibility and time off - things people can control regardless of how much money they have or how much fundraising ability exists. 

In this episode, Angela talks with Shannon Felder, Training Director at the National Association of Counsel for Children. Listen to learn about upcoming training opportunities and ways to connect with fellow children's lawyers. And be sure to join us at the NACC conference in Salt Lake City August 12-14, 2024! We will be presenting at the preconference Children's Law Office Project Convening. We hope to see you there!  Click HERE to register To learn more about NACC membership or to join, click HERE.

Have you ever seen a dependency case that looks more like a tennis match? The parties volleying back and forth, waiting to see if the parents will succeed? In some jurisdictions, everyone is doing their job, but no one is leading. In this episode, we want to encourage children's attorneys to take charge. We think one of the most consequential things you can do for your clients is to think of yourself as lead counsel. Listen to learn how you can boldly step into the role of lead counsel and achieve better outcomes for your clients.

Some of our child clients have been talking to John and Jim about adoption, which inspired an episode about how we think of adoption as children's attorneys: It's important to understand all the things that come with and all the things that get taken away with adoption. Federal policies and local practices seem to swing on a pendulum as to whether adoption is to be emphasized or strenuously avoided, but we focus on finding the best possible option for each singular client and keep it in our tool belts. One way we think of the issue is that adoption is about the risk of harm from the continued pursuit of reunification versus the risk of harm due to the loss of their birth family. As a child's attorney, knowing your client and the dynamics affecting them will help you recognize when adoption might be the best strategy for the child. Thanks for listening and please share with others who might find the podcast helpful!

Placement decisions happen fast and are made by the agency - usually without any input from attorneys representing children. The child's placement impacts the case A LOT so we wanted to do a podcast about the things we think about when it comes to placement. It's the agency's job to find a placement right away, but evaluating whether the placement will ultimately facilitate permanency for the child is yours. If reunification seems likely, should the kids be with a couple that wants to adopt? If TPR looks probable, do you let a baby stay in a placement that separates her from her 11 year old sister? Getting the home study and critically reviewing it can help identify omissions that will help keep the child safe or, alternatively, possibilities for placement that shouldn't be ruled out. Talking to the child - both at the placement and away from the home - is always important. Listen and trust your instincts.   Children's attorneys don't always have a lot of options when it comes to impacting the child's placement. However, since the placement impacts your overall legal strategy it can't be considered in a vacuum. We hope our discussion gives you some ideas for your jurisdiction!

We talk about work culture and retention a lot in child welfare. Angela talks with Cathy Krebs, Director of the ABA's Children’s Rights Litigation Committee who thinks a new approach to these topics could lead to ways to improve representation. A few of the subjects covered were: Burnout and self-care - Cathy tells a story of a child client who's attorney seemed so distracted and overwhelmed that the child decided not to "burden" the lawyer with what was happening in her life. The need for self-care is real, and doing anything from singing to cooking to meditation has benefit. Mentorship - Attorneys with even a couple years of experience can help others who don't know the culture or may be working alone. Community - If you're a solo practitioner or in a smaller children's law office, there are things you can do within existing resources to create a supportive network, like brown bag lunches or collaborating on systemic advocacy. The ABA's Children's Rights Committee has resources on this topic and tons of others. Some of the studies mentioned include:    The Future of Children’s Lawyering Practical Tips for Addressing Burnout Using Reflective Case Consultation to Battle Burnout and Secondary Traumatic Stress 2021 Illinois Legal Aid Recruitment and Retention Study What Draws Attorneys to Child Welfare Practice The Case for a Centralized Office for Legal Representation in Child Welfare Cases

In this episode, Angela, John and Jim discuss a few key takeaways from 2023. 

Sometimes you can move a case with legal arguments and procedural tools, but other times, you have to win hearts and minds. In our newest podcast, Jim, John and Angela share how learning to message in this way can help your child client.

Angela and Jim discuss the adversarial nature of the dependency system, and how to find a balance between a collaborative and adversarial approach to representing children.

Children's attorneys can't do it all, but in our experience, doing certain things consistently in each case can improve representation and outcomes. We call it practicing with fidelity. For our 50th Episode we wanted to give some concrete tips to our listeners. Listen to this episode to learn three actionable strategies that make a difference when repeated consistently.

John and Angela discuss a tool that can be used to move cases forward - the motion to compel.

In this episode, John, Jim and Angela discuss the cornerstone of their practice philosophy - keeping the focus on the child's number one legal problem.

In this episode, sponsored by the National Association of Counsel for Children, Angela interviews David Ambroz, author of the memoir “A Place Called Home” and keynote speaker at the upcoming NACC Conference in Minneapolis. After growing up homeless and then in foster care, David graduated from Vassar College and later earned his J.D. from UCLA School of Law. He is now the Head of Community Engagement (West) for Amazon, a national poverty and child welfare expert and advocate, and a foster dad. In this episode, David provides a powerful perspective on the intersection of homelessness and child welfare. He talks specifically about how his attorneys impacted his journey. David also encourages people to focus on the progress being made within our admittedly imperfect systems and gives concrete strategies to continue pushing that progress forward. Join us at the NACC Conference August 10-12, 2023. Click here to register. To learn more about David Ambroz, visit his website and the website of his nonprofit, FosterMore. You can follow David on Instagram @hjdambroz and Twitter @DaveAmbroz.

In this episode, Angela, John and Jim talk about how to handle those difficult cases where you get what you asked for, but it doesn't go as planned.

In this episode, Jim and Angela discuss using case plans to ensure the state agency is preparing your teen client for successful adulthood, rather than just meeting federal requirements for youth aging out of the child welfare system.

This interview starts with Prof. Emma Hetherington explaining why she thinks a huge barrier to effectively serving HT/CSEC populations is that stakeholders don't fully understand what trafficking is. In this powerful podcast, Prof. Hetherington, from the Wilbanks Child Endangerment and Sexual Exploitation Clinic at University of Georgia School of Law (CEASE Clinic), reveals how children's circumstances and behaviors need to be examined differently when exploitation and trafficking issues are involved. She discusses tips for attorneys representing HT/CSEC survivors, screening tools, the harm reduction approach, and how to build trust with youth. We hope you learn as much as we did! Here are the resources referenced in the podcast: Red Flags of CSEC and Child Trafficking, New York State Office of Children and Family Services: https://ocfs.ny.gov/programs/human-trafficking/assets/docs/red-flags-of-CSEC-and-child-trafficking.pdf Trust-Based Relational Intervention: https://child.tcu.edu/blog-tbri-ffpsa/#sthash.c5E1aPKh.dpbs For a deep dive, check out these resources:  How can the child welfare system protect young people from commercial sexual exploitation?, Casey Family Programs Strategy Brief (November 2022): https://www.casey.org/media/22.07-QFF-SC-CSEC-update.pdf  Child Sex Trafficking Warning Signs, Shared Hope International: http://sharedhope.org/wp-content/uploads/2019/05/General-Warning-Signs.pdf  Summary of Screening Tools: https://www.acf.hhs.gov/sites/default/files/documents/opre/IAHT%20Screening%20Brief%204.22.pdf  Criminalized Survivors: Today’s Abuse to Prison Pipeline for Girls (April 2023): https://genderjusticeandopportunity.georgetown.edu/wp-content/uploads/2023/04/Criminalized-Survivors_Georgetown-Gender-Justice.pdf  Sexual Abuse to Prison Pipeline: The Girls’ Story (2020): https://genderjusticeandopportunity.georgetown.edu/wp-content/uploads/2020/06/The-Sexual-Abuse-To-Prison-Pipeline-The-Girls%E2%80%99-Story.pdf  Harm Reduction Series Introduction, California Child Trafficking Response Unit (2018): https://www.courts.ca.gov/documents/BTB25-3E-01.pdf  Harm Reduction Series Caregiver, California Child Trafficking Response Unit (2022): https://file.lacounty.gov/SDSInter/lac/1125790_CaregiverHarmReductionI-31_22.pdf

In this episode, Angela, John and Jim talk about understanding your teen client, helping them set goals for their future, some ways to help them stay on track, and navigating the ups and downs when representing older youth. 

If you're representing older youth, the issues may look the same, but the perspective is likely different. We recorded this podcast to help attorneys understand how the experiences of older children impact permanency and how to move forward. We've got some practical tips on identifying what family means to teens and strategies for attorneys to guide these youth to a place that feels like home.