from the City University of New York (CUNY) School of Law where she was a Graduate Fellow, participated in the Defenders clinic and interned with the Capital Habeas Unit at the Federal Defenders of Philadelphia, the Neighborhood Defender Service of Harlem's Family Defense Practice, the Brooklyn Defenders . Sophia sustained a new facial injury after tripping on a door frame when attending a birthday party at Ms. Greens sisters home while under Ms. Greens supervision. As we will see, the lack of anyone in that office with substantive knowledge of family court or child welfare deeply disadvantaged parents and families for the next forty years. & Youth Servs. Altogether, Ms. Anderson was separated from her baby for less than nine weeks. Serv. The problem, of course, is that the surgeon would not have written that letter without the very effective advocacy Mr. Sanchezs team brought to the meeting with him. Lawyers Assn, 763 N.Y.S.2d at 40102, 407. Had Ms. Barrow been evicted from her apartment, she would have had to enter New York Citys public shelter system. 80. Martin Guggenheim is the Fiorello LaGuardia Professor of Clinical Law at New York University School of Law. The cases described in the previous section go well beyond demonstrating the importance of helping shape the services parents will be required to complete as a condition to regaining the custody of their children. 19, 1989). Legal Services of New York was awarded the contract in Brooklyn. Our work with clients is focused on the intersection . Criminal Defense Practice Social Worker. This catch-22 problem made preventing Ms. Barrows eviction vital on multiple fronts. When parents are unrepresented at these conferences, the plans are more likely to be boilerplate, requiring parents to do things of little value. The strategy worked. The in-the-weeds work holistic practices undertake often leads to outcomes that are invisible when all that is described are data in categories of return to parent, dismiss, and the like. We push for equitable and humane policies by advocating for better laws, filing systemic litigation and educating the public. Once these favorable reports were introduced, the team focused on settling the case instead of undergoing a highly contested trial focused on whether the original injury was sustained as a result of an accident. Ms. Green did not provide a clear answer, and she said she wondered whether it happened when Sophia fell off a bed. Once parents had the right to counsel in child welfare proceedings, it fell to the local New York City court administrators to design the legal services delivery system to meet this new constitutional and statutory right. Hearing (Aug. 16, 2018) (written testimony of Lisa Schreibersdorf, Exec. Full-time. Bar Assn, https://www.americanbar.org/groups/public_interest/child_law/project-areas/parentrepresentation/ (last visited Oct. 19, 2020). Brooklyn Defender Services. 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. Mr. Sanchez brought Eduardo to a public hospital for medical attention. 68. Rts., Your Rights While Pregnant, Breastfeeding, or Caregiving: A Report on the 2019 Commission Public Hearing on Pregnancy and Caregiver Discrimination 14 (2019), https://www1.nyc.gov/assets/cchr/downloads/pdf/publications/Pregnancy_Report.pdf. Had Ms. Barrow not had a team committed to being with her when she gave birth, to preparing assiduously for the conference held when the baby was born, and to being ready to fight for her when the baby was removed less than a week later, her case would surely have come out differently. Law 424 (McKinney 2020). Among jurisdictions other than New York City that have been national leaders and innovators in parent representation is Washington State under the leadership of Joanne Moore. Judges, Improving Parents Representation in Dependency Cases: A Washington State Pilot Program Evaluation. Generally, family court judges look most favorably upon parents who attend visits frequently and are able to work with the foster care agency to gradually increase the independence of visits from those supervised at the foster care agency to unsupervised overnight visits in the home of the parent. 93. Several years earlier, she gave birth when she was still in foster care. . 78. These plans are routinely included in the reports agencies are required to submit every six months whenever children remain in foster care. Undeterred by failing to achieve success at the conference, the defense team looked toward the first court appearance as a new opportunity to argue for the newborn to remain in Ms. Andersons custody as well as the first opportunity to leave the judge with a positive impression of the mother. Based on the allegations alone, the agency believed that Ms. Green needed to complete both anger management and a parenting class to secure the return of her daughter. Understanding the Effects of an Interdisciplinary Approach, supra note 4, at 7. The offices help parents negotiate all aspects of the process throughout the life of the case. At this appearance, Ms. Andersons lawyer presented the arguments supporting the application that the baby be allowed to remain in Ms. Andersons care, highlighting all the work she had done and providing the court with stacks of supporting documentation. (citing N.Y. State Admin. Our Early Defense team provides advocacy to parents during the initial stages of an ACS investigation. 86. Hearing (Aug. 16, 2018) (written testimony of Emma S. Ketteringham & Caitlin Becker, at 2) [hereinafter Ketteringham & Becker written testimony]. 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). Our Preserving Family Bonds team enhances the representation we provide to clients at the later stages of a case, including termination of parental rights, should a parent be faced with this possibility. Full-time. Yet it was the out-of-court advocacy that made all the difference. One might reasonably suggest they are much more important than what happens in the courtroom itself. Without the defense teams constant communication with Ms. Barrow and her providers about her service plan, she would not have had the support necessary to achieve the progress in her mental health treatment. Brooklyn Defender Services 566 Livonia Avenue Brooklyn, NY 11207. [Our lawyer] was a friend. Entry Level Attorneys - Criminal Practice legal team . Part IV, the heart of the Article, describes accounts of actual cases undertaken by this new breed of family defenders, to help explain their superior ability to achieve the objectives of keeping children safely with their families. Quite often, the family defender offices in New York City achieve results for their clients that meaningfully advance childrens interests that could not have been achieved without spending considerable amounts of time out of court. We are the attorneys and advocates fighting injustice for individuals and families and protecting civil rights for all people. If you are not a current client and need assistance, click here to get help. We find safe, temporary families for children and teens throughout New York City and Long Island. See N.Y. Fam. 71. For new lawyers, the existence of these organizations means not only jobs, but jobs one can get straight out of law school that come with the kind of training and supervision only larger offices can provide. See Mark E. Courtney & Jennifer L. Hook, Evaluation of the Impact of Enhanced Parental Legal Representation on the Timing of Permanency Outcomes for Children in Foster Care, 34 Child. This dedicated team works closely with parents to achieve family reunification even when their children have been in the foster system for a long time. Visit Us . N.Y.C. The team successfully persuaded the agency to agree to release the newborn to Ms. Barrows care with court-ordered supervision. Brooklyn Defender Services (BDS) is seeking Entry Level Attorney Candidates for the Family Defense team. Such services might include attending parenting skills or anger management classes, or participating in therapy, counseling, or drug treatment programs. In addition, the social work staff helped Ms. Green coordinate and expand visitation. Change 539, 559 (2017). 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. This Article is designed to bring to life the proactive nature of the multidisciplinary practice. 4. Before she left, the defense teams social worker called the caseworkers supervisor requesting that she be permitted to remain in the conference because the x-ray results were due in another half hour. We serve the Brooklyn community by providing individual services to thousands of people each year, holding clinics and educational programs in our community office and online, and supporting fellow community organizations. 6 days ago. Brooklyn, NY. Brooklyn Defender Services 4.2. We fight to protect New Yorkers from the trauma of separation from their loved ones and to reunite families as soon as possible. The family defender offices in New York City do not settle for inadequate plans, nor do they encourage their clients to engage in services that are unlikely to ameliorate the barriers to regaining the custody of their children. It is used whenever the office is representing a mother who becomes pregnant during the course of the case, whether she already is court-involved or not. Unfortunately, a complication temporarily derailed the effort just when the team was hopeful for a satisfactory resolution of the visitation motion and the underlying petition itself. The hospital then called Ms. Green and asked her what she could tell them. Add to those situations the countless cases where, even though the out-of-court advocacy failed to dissuade the agency from filing a petition, the agency was persuaded not to seek a removal of the child. N.Y. Unified Ct. Sys. 73. for Child.s Servs. Brooklyn Defender Services, Family Defense Practice Main Industry Manufacturing, Test & Measurement Equipment Website www.bfdp.org Contact Information Headquarters 195 Montague St Fl 5, Brooklyn, New York, 11201, United States (347) 592-2500 Brooklyn Defender Services, Family Defense Practice Profile and History 74. Each of the cases described took place between 2015 and 2018. BDS is a public defense office that represents low-income New Yorkers in criminal, family, immigration, and civil legal matters. Office of Research & Analysis, Emergency Removals Subcommittee (Sept. 16, 2015). The social worker from the defense team examined the extensive x-rays of Eduardos hip with Mr. Sanchez and the surgeon. A goal of this Article is to lay the groundwork for leaders in child welfare throughout the United States to embrace the work new family defenders do.59 There are many ways to reform child welfare practice and policy in this country. Even when the defenders were unsuccessful in preventing a case from being filed in court, the defender office was already familiar with the facts of the case and had a relationship with the parent. 29. Brooklyn Defenders provides a wide range of services, including assisting people who are facing an investigation, providing legal representation to people who are brought to court and helping to clear the records of people from databases that impact employment. 42 U.S.C. In every example, the key to this success is the extraordinary amount of out-of-court time spent on each case and the proactivity engaged in by the defense team.85, The critical characteristics of each of the cases described in the previous section concern the defender teams proactive planning, anticipating next steps, and developing a plan for success calculated to persuade either the agency caseworkers investigating the case or the court. 99. 8. In those situations, there is no way to give credit to the kind of legal representation the parent was given when comparing outcomes of cases between those handled by panel lawyers and multidisciplinary offices. When the new tests were made available to the surgeon later that day, he continued to support Mr. Sanchezs plan for treating his son. 60. The previous studies limited their focus to quantitative outcomes achieved at court or to reporting the views of stakeholders focused on the differences between the two kinds of representation made available to parents in New York City.58 This Article starts where the prior two articles left off. Unfortunately, the foster care worker assigned to Ms. Greens case proved to be very difficult for Ms. Green to work with. Each of the three offices had a distinct corporate structure. 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. . 62. Simultaneously, Ms. Greens attorneys and the social work staff worked closely together to help Ms. Green navigate the agencys service and visitation policies. The family defender offices organize themselves around the real-world needs of their clients and continue to work closely with them even when the next court appearance is not scheduled in the immediate future. These criminal justiceoriented officials gave the role of representing parents in child welfare cases to solo practitioners from an assigned panel of available lawyers.10 These lawyers, known colloquially as panel lawyers, were already being used to represent parties eligible for court-assigned counsel in juvenile delinquency proceedings, among a number of other specialized areas of the law.11 These lawyers generally did not work in an interdisciplinary way. Without Ms. Anderson having the team working with her, she would be expected to attend this conference alone with agency caseworkers and supervisors. When this happened, not only did she visit her children regularly, her defense team succeeded in persuading the judge (over the agencys objection) to permit unsupervised visits, commonly a necessary interim stage before courts will return children to a parents custody. brooklyn defender services bds brooklyn defender service brooklyn defenders family defense practice bds associates inc Brooklyn Defender Services Global Presence Search All Employees Hearing (Aug. 16, 2018) (written testimony of Michelle Burrell, at 2). Admin., The CITYFEPS Rent Supplement Program Fact Sheet, https://www1.nyc.gov/assets/dhs/downloads/pdf/CITYFEPS/CITYFEPS-fact-sheet.pdf. As this case discussion reveals, the amount of out-of-court advocacy involved is well beyond what panel lawyers generally are able to provide or have ever been able to provide in New York Citys history of parental representation. Livingston St / Smith St. Whether it is the removal of children, incarceration, deportation, eviction or houselessness, the people we represent face long periods of forced family separation. By planning carefully with the mother during the pregnancy and preparing for the child to come home with her, the team ensures that living arrangements are set and baby paraphernalia (cribs, diapers, food) are at the ready. 84. Her child was placed in foster care. for Child. 17. Are you concerned that you or someone you know may be arrested by ICE? Brooklyn Defender Services had to scramble to find a new, stronger cloud system something many smaller public defense offices and private attorneys contracted for public defense work lack the capacity to do. Get the inside scoop on jobs, salaries, top office locations, and CEO insights. 95. In Queens and Richmond County (Staten Island), no change to the legal representation landscape occurred at that time. I think that every parent should have an advocate. 82. Article 10 Attorney for the Family Defense Practice Team. for Child.s Servs., All Staff Bulletin (July 16, 2019) (on file with the author). Brooklyn, NY, US. Res. Part III briefly describes the findings in the qualitative study. Caseworkers are a critical player in each case. These conferences are expected to take place in front of the judges court attorney, rather than the judge, and are commonly used to provide a forum to resolve issues and move toward settlement. But among the most important reforms needed in child welfare once investigations into families are started is to offer the family the services of a committed preventive and reunification service, precisely what the family defenders in New York are. 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. Ignoring them as part of the defensive strategy is only a tiny step away from ignoring the case conferences. 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. However, Ms. Anderson progressed so well that the hearing never needed to be conducted. 20. See Family Defense, NDS: The Power of Pub. The last 15 months have taken a toll on all of us. 1337, 133839 (2012). Because Ms. Green was unable to provide a clear explanation for the injury, the hospital called the child protection agency, which immediately began an investigation. 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. 91. 96%. Serv. Natl Council of Juv. 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. Martin Guggenheim, New Study Shows Providing Parents with Multidisciplinary Legal Representation in Child Welfare Cases Furthers Everyones Interests, 20 Child.s Bureau Express no. . Our staff of 300 includes 180 attorneys as well as social workers, investigators, paralegals, re-entry specialists, jail liaisons, education, community organizers and policy specialists. 347-592-2500. See N.Y. Cty. Instead, the agency has conducted the conferences within a day or two after a newborns birth, at a time when the mother is not in a position to participate effectively. Brooklyn Defender Services (BDS) is one of the largest public defense providers in the United States. They communicate frequently with caseworkers to rearrange meetings and services, to plan for the next steps, and for many other reasons. Commn on Parental Legal Representation Pub. For better or for worse, preventing a parent from becoming homeless is not within the portfolio of the agency caseworker (even if it should be). Effects of an Interdisciplinary Approach, supra note 1, at 43. 30+ days ago Full Time. BDS attorneys, social workers, paralegals, investigators and administrative professionals have an unwavering commitment to the people we represent. As defenders, we represent people accused of a crime, parents threatened with child removal, immigrants facing deportation, and students, workers and tenants whose education, employment and housing are at risk due to legal cases. 63. This destroys the fabric of multiple lives and leaves long-lasting effects on children, parents, spouses, grandparents and siblings. Rev. Emily (she/her/hers) received her J.D. The teams social worker met with Ms. Barrows medication management provider to develop a plan for re-engaging with her medication upon the birth of the baby. The notes of the interviews are on file with the author. After consulting with an orthopedic surgeon at the hospital, Mr. Sanchez opted for a nonsurgical option to be secured in Mexico. Without the offices housing advocacy, Ms. Barrow would have had no home for her newborn to return to. Our goal is to keep families safely together or reunify families as soon as possible when separation occurs. This sometimes happens when the mother has no prior involvement with the child welfare system but behaves at the hospital in a manner that leads hospital personnel to call in a report of suspected child abuse. 65. Among the reasons it is crucial that parent defenders actively participate in these conferences is that when an inappropriate case plan is developed, that plan may be in place for many months even before a court might review it. FAMILY DEFENSE. 32. 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. Dir., Brooklyn Defender Serv. Admin. 64. 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. However, the defense team knew that having this conference in front of the judge provided another advocacy opportunity to build on the judges favorable impression of Ms. Anderson. for Child.s Servs., https://www1.nyc.gov/site/acs/child-welfare/will-acs-take-my-child.page (last visited Oct. 6, 2020). A non-profit public defense office in Brooklyn, New York. 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). Our attorneys, social workers and other staff work together to advise, assist and represent parents every step of the way. For over 50 years, SCO's Foster Care practice has been helping children and their families grow, heal and thrive. Our Work. 42. Supervising Attorney, Family Defense Practice - Brooklyn Defenders New York, New York, United States . An X-ray revealed that Sophia sustained a skull fracture. The final order terminating her parental rights was entered a mere six weeks before Ms. Anderson, now in the late stages of her pregnancy, met with social workers at the unit. 96. At the current time, BDS physical offices are open by appointment only. Even though Sophias injury was an accident, court calendars are so backed up that it takes many months from the date of a filing to get to a trial on the facts. Brooklyn Defender Services is a public defense office that provides outstanding representation and advocacy to people facing loss of freedom, family separation and other serious legal harms. 12. Commn on Parental Legal Representation Pub. Our Approach. From $74,000 a year. In addition, by being such a careful listener and advocate, the defender team also ensured that Mr. Sanchez felt supported during an especially challenging time in his life when he was forced to divert his attention from taking care of his son to defending his right to remain his sons parent. See, e.g., In re Philip M., 624 N.E.2d 168 (N.Y. 1993). These plans are best developed out of court in conjunction with the agency overseeing the case.64 No good lawyer can afford to ignore the administrative process, which commonly begins when a family comes to the attention of an investigating caseworker following a report of suspected maltreatment made to the child protection agency. On the judicial side, petitions are filed in family court and the allegations in the petitions are (sometimes) resolved through contested evidentiary hearings. . & Fam. 13. Ct. 105163 (2020), https://doi.org/10.1016/j.childyouth.2020.105163 [hereinafter Understanding the Effects of an Interdisciplinary Approach]. L TO LIVONIA AVENUE. 69. Serv. The Article proceeds in five parts. Instead, in New York City, the task was given to the Mayors Office of the Criminal Justice Coordinator, which had deep knowledge of the criminal justice system but no experience with the child welfare system. Brooklyn, NY. 81. Brooklyn Defender Services is part of the Law Firms & Legal Services industry, and located in New York, United States. Work Prac., The Bronx Defenders). Brooklyn Defender Services (BDS) is seeking an experienced Attorney for the Custody Practice of the Family Defense Team. Three months later, the two children in foster care were reunited with their mother and the family has lived together without further intervention by the agency. is a public defense office that provides outstanding representation and advocacy to people facing loss of freedom, family separation and other serious legal harms. Ct. Apr. The Bronx Defenders was awarded the contract in The Bronx. 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. . The family defender offices met regularly over the first decade of practice to strategize how to challenge unacceptable practices engaged in routinely by child welfare agencies. 30+ days ago. 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.