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Even when the outcome of cases like this do not involve termination of parental rights or placement for an extended period in foster care, these cases should be viewed as an extremely important example of a clash between the right of parents to make the important decisions regarding their childrens upbringing and the states independent power to make decisions for children over a parents objection. When the surgeon understood that Mr. Sanchez was willing to consent to the surgery if the next round of nonsurgical treatment in Mexico did not prove helpful, the surgeon concluded that Mr. Sanchezs choice was perfectly reasonable. Rev. BDS is a public defense office representing low-income New Yorkers in criminal, family, immigration, and civil legal matters. Child welfare cases are prosecuted along two tracks: the judicial and the administrative. 382 (2019) [hereinafter Accidents Happen]. Social holds may result when a safety planning conference does not happen until after birth. Id. Because of Ms. Barrows concern that continuing her medication during her pregnancy was dangerous for the fetus, she stopped taking the medication that was court-ordered. Admin. L TO LIVONIA AVENUE. Instead of striving to win on a case-by-case basis in court, the defender community insisted on securing a seat at the table to discuss poor practices with the officials in charge of child welfare in New York City. Brooklyn Defender Services is a company located in Brooklyn, NY, United States. He was kind and understanding. 42 (2019), https://doi.org/10.1016/j.childyouth.2019.04.022 [hereinafter Effects of an Interdisciplinary Approach]. Find employees, official website, emails, phone numbers, revenue, employee headcount, social accounts, and anything related to Brooklyn Defender Services. 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. Disclosing the news of her pregnancy and her decision to stop taking the court-ordered medication was an extremely delicate action risking not only her right to continue visiting with her children but losing custody of the newborn upon birth. Without Ms. Anderson having the team working with her, she would be expected to attend this conference alone with agency caseworkers and supervisors. Brooklyn Defender Services serves communities in the State of New York. Neighborhood Defender Services of Harlem shares cases in New York County with the Center for Family Representation, and the Center for Family Representation has a second contract to provide parental representation in Queens. in Political Science. 26 days ago. The three officesBrooklyn Defender Services (Kings County), The Bronx Defenders (Bronx County), and the Center for Family Representation (New York County)are each structured somewhat differently.19 The characteristic all three offices have in common is that they are multidisciplinary: they employ lawyers on their staff along with social workers and/or parent advocates (individuals who themselves experienced the child welfare system as a parent accused of neglecting their child).20 Each office spends considerable time on their cases out of court, working closely with their clients and advocating for and with them at child welfare agencies meetings.21 Several years later, a fourth officethe Neighborhood Defender Service of Harlemwas awarded a contract to share the representation of parents in Manhattan with the Center for Family Representation, using their community-based model to represent families living in Harlem zip codes.22 In 2011, the Center for Family Representation was awarded a second contract to provide parental representation in Queens County.23 To date, these four providers handle the vast majority of parental representation in New York, Kings, Queens, and Bronx Counties. 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. Natl Council of Juv. They also reveal the critical importance of addressing the needs of clients concerning matters beyond the child welfare system itself. Hearing (Aug. 16, 2018) (written testimony of Michelle Burrell, at 2). No case is filed; no court time is taken up; no court personnel are assigned to the matter. at 14. After three years, the agency successfully prosecuted a termination of parental rights case against her. The team met with Ms. Barrow and began the task of coordinating the substantial support needed in managing Ms. Barrows mental illness and disability. Accepting these conditions, Ms. Andersons lawyer requested that the court hold a status conference for the case within the following month to be convened by the judge. 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. 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. You will receive assistance in areas impacting your life, such as immigration, housing, benefits, education and employment. Although impressed by all the work Ms. Anderson and her team had begun, the agency nonetheless was unwilling to allow Ms. Anderson to go home with her baby. To counter this concern, the team asked that the court order an additional service calculated to provide the best opportunity to demonstrate that Sophia should be in Ms. Greens care. Even though Ms. Green had completed all required services and her visitation rights had been substantially expanded, the agency was now arguing that this new injury proved that Ms. Green lacked the capacity to raise her child safely. Office of Research & Analysis, Emergency Removals Subcommittee (Sept. 16, 2015). The teams social workers attended many visits with Ms. Anderson and her daughter to ensure a member of the team was there to witness the successful interactions for reports back to the judge. Brooklyn, NY. Even these remarkable efforts would have been insufficient. The strategy worked even better than expected. Richard LaFontaine. for Child. Serv. Because Ms. Andersons parental rights to her older child had only recently been terminated, the agency took the position that it was premature to allow her to take custody of her newborn child. Bar Assn, https://www.americanbar.org/groups/public_interest/child_law/project-areas/parentrepresentation/ (last visited Oct. 19, 2020). That is what it prepared for when it represented Ms. Anderson. Nonetheless, Ms. Barrows defense team ensured that it was fully prepared for the conference, having secured letters from Ms. Barrows mental health providers laying out her treatment plan and documenting her increased engagement in services and subsequent progress in her mental health. . Article 10 Attorney for the Family Defense Practice Team. 41. Many of those changes need to happen upstream from the time and place children are reported to child welfare officials as being at risk of harm. For these and many more questions, we may be able to help, even if you are not a Brooklyn Defenders client. But, as the examples in this Article show, the offices undertake significant out-of-court work that dramatically impacts the child welfare practice in New York City. If I hadnt had the support of BDS, I wouldnt have been able to stop ACS from removing my kids. 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. Emily (she/her/hers) received her J.D. Brooklyn, NY . Of the 135 (35%) cases filed in Family Court, 61 families remained together throughout the investigation and subsequent court filing, the children never removed from their homes. Medical neglect is a common charge brought against parents in child welfare cases.82 Depending on the severity of the claimed neglect, the local child welfare agency may be seeking to place the child in foster care to protect the child from the parents failure to provide the child with adequate treatment or, less drastically, to secure court authorization to require that a child have a medical procedure it believes is necessary but that the parent refuses to allow. The medications began working after only a few weeks and Ms. Barrow quickly regained her focus. Admin., The CITYFEPS Rent Supplement Program Fact Sheet, N.Y.C. Mr. Sanchez further explained that he did not rule out giving his consent to the surgery, only that he wanted one more time to see if it could be avoided by securing alternative treatment. Ct. Act 261, 262 (McKinney 2020). [Our lawyer] was a friend. His son, Eduardo, suffers from a genetic hip disorder and, as a consequence, he is highly prone to injury. Lucas A. Gerber et al., Effects of an Interdisciplinary Approach to Parental Representation in Child Welfare, 102 Child. Among the most unsettling aspects of child protection intervention in New York City is the practice of the local child protection agency removing newborns from their mothers custody at the hospital. The leading characteristic of the offices method of representing parents is to participate actively in the case conferences held at the agency where the case plan for each case is established.65 These plans set the stage for all that follows and are often the single most important factor in a cases outcome. But those studies included comparisons between counties (some of which had the program and some of which did not) in addition to comparisons within counties (pre- and post-implementation of the new model). The defense team was able to dispose of it in less than three months. She asked her mother to take Sophia to see a doctor because Ms. Green had to be at work. In exchange for Ms. Anderson consenting to a finding that she neglected her child, the parties agreed to what is known in New York as an adjournment in contemplation of dismissal.81 The parties agreed to a settlement order that ensured that Ms. Anderson would have custody of her daughter and be subject to supervision for nine months on the understanding that the finding of neglect would be vacated and the petition dismissed in nine months unless the agency could show that Ms. Anderson placed her daughter at risk in the interim. Ms. Greens attorneys used this knowledge to start planning their settlement and trial strategy.73. After the second injury, he explained, he brought Eduardo back to the same surgeon with whom he met the year before. Brooklyn Defender Services (BDS) represents over 35,000 clients in criminal, family, immigration and civil cases annually. . The Article proceeds in five parts. This Article is designed to bring to life the proactive nature of the multidisciplinary practice. He gratefully acknowledges the outstanding research assistance provided by Sean Eagan, New York University School of Law Class of 2019, and also thanks Luke Gerber, Chris Gottlieb, Sue Jacobs, Peter Pecora, and Tim Ross for their support and the careful attention they gave to this Article. Such services might include attending parenting skills or anger management classes, or participating in therapy, counseling, or drug treatment programs. The agency sent an investigating caseworker to meet with Eduardos teachers at school. See National Alliance for Parent Representation, Am. If Mr. Sanchezs lawyer had been a very good solo practitioner from the court-assigned panel, he would have advised Mr. Sanchez to get the surgeon to write a letter saying that Mr. Sanchezs preference to take his son to Mexico for another try at nonsurgical treatment was reasonable. 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. Unlike the other two offices, which were part of larger organizations that secured income from multiple sources, CFRs only work was in parent representation. My professional experiences in New York City include founding and co-directing the Family Defense Clinic at New York University School of Law; serving as a Founding Board Member for the Center for Family Representation; being a member of the Board of Advisors for the New York City Administration for Childrens Services from 1996 to 2013; and, most recently, since 2017, serving as a member of the New York State Commission on Parental Legal Representation. When Mr. Sanchez told the surgeon that he would not consent to the recommended surgery, the surgeon made a call to the New York Statewide Central Register of Child Abuse and Maltreatment, which resulted in an investigation being commenced by the local child protection agency.84. Because she was unable to provide a satisfactory explanation for the injury, the agency removed Sophia from Ms. Greens custody at the hospital, placed her in foster care, and filed an abuse petition in family court the following day. Browse 12 jobs at brooklyn defender services near Brooklyn, NY. 76. at 23 n.179. for Family Representation, https://www.cfrny.org/our-work/team-model/ (last visited Oct. 18, 2020). 92. Commn on Hum. The parties agreed to a settlement, where Ms. Andersons daughter would be returned to her care immediately. But no one in the court administration or local government positions in New York had any experience designing or maintaining a legal services delivery system for parents in the child welfare field. As impressive as the results of the quantitative findings are in showing a significant deduction of unnecessary days children spend in foster care in New York City, this Article strongly suggests that the defender offices have a far greater impact on the reduction of foster care.94. At the next court date, the defense team presented the letter to the agency and the court. These plans are routinely included in the reports agencies are required to submit every six months whenever children remain in foster care. Mr. Sanchez needed a champion for his cause, one who would persuade the surgeon that he was making a reasonable choice that parents have the lawful authority to make. The non-profit organization, Brooklyn Defender Services, which provides legal defense to Brooklynites who can't afford private counsel, includes public defenders, lawyers in family practice . Brooklyn, NY, US. Our attorneys, social workers and other staff work together to advise, assist and represent parents every step of the way. Commn on Parental Legal Representation Pub. 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. 66. What services have they completed? Effects of an Interdisciplinary Approach, supra note 1, at 5253. Martin Guggenheim, New Study Shows Providing Parents with Multidisciplinary Legal Representation in Child Welfare Cases Furthers Everyones Interests, 20 Child.s Bureau Express no. Similar to the agencys response at the pre-court conference, Ms. Andersons advocates were unable to persuade the judge to order the babys return to Ms. Anderson. This case reveals the amount of time and attention the holistic offices give to their clients and reveals what is needed to serve parents well when they become enmeshed in the child welfare system.