Representing Children Lori K. Duke, Clinical Professor Children’s Rights Clinic |University of Texas School of Law lduke@law.utexas.edu| 512.232.1294

Rules For Effectively Representing Children Meet with your client regularly Know your case Be a lawyer

Rule 1: Meet your client Why? Texas Family Code: 107.001, 107.003. 107.004 Disciplinary Rules: 1.01, 1.02, 1.03,1.05, 2.01 Because you can’t effectively represent a client you don’t know and haven’t met.

When?/Where?/How? As soon as possible At placement if appropriate Confidentiality and exceptions Roles/People Manage Expectations Explain Parties

Interviewing Do’s: Interview siblings separately & together Private, but not enclosed, space Ask open ended questions Likes/dislikes Choice of placement – 1, 2, 3: write this down Focus on Judge making decisions Observe child’s body language If appropriate, tell them about parents and progress, that they love them, etc. Texas Disciplinary Rule: 2.01 Advisor Role: Sustain client’s morale, but be honest. Must explain in terms they understand Common sense: reveal as necessary

Interviewing Don’ts Question about past abuse Pretend to know them or their lives Assume to know outcome Criticize their parents Make promises Use jargon Give empty platitudes Improper boundaries

Children’s Top Concerns: When will I go home? When will I visit my mom/dad/sibling? Where will I live? Where will I go to school?

How to explain the system Use simple language to explain; avoid jargon Who are all these people? Procedural overview IF APPROPRIATE Speaking to judge Regular hearings Motions practice

Babies/Pre-school Law doesn’t require meeting them, but should Sleeping, eating, developmental, health, immunizations, addiction issues, attachment How are foster parents acting Loving Attached Want to adopt Ability to work with biological family

Elementary/Middle School Education level Intelligence level Changing schools? McKinney-Vento to keep in same school district Foster Care Liaison Individual Educational Plan ARD Parents/siblings/relatives/fictive kin Medical/dental issues

Teens Same issues – medical, mental health, therapy School PAL Circle of Support 16+ College waiver Driver’s license/ID/Records College Tours/Conferences

ALWAYS: Have them explain what you told them Ask permission to share information/tell judge Problem solve for difficult situations Ask if they have questions Give your contact information

Rule 2: Know Your Case Sources of information: Clients Documents Testimony Parents Relatives Caregivers Other professionals Offense Reports Court Reports – CPS & CASA Facebook/Twitter/YouTube/internet searches Don’t fried/connect Search phone and email

Meetings & Visitation: Go, observe, and advocate Impressions of parents’ responsibility Relationship of parents Relationship of parents and family Clients’ behavior especially if young Role of AAL Placement and permanency options

Rule 3: Represent Client’s Legal Interests Does client have capacity to form attorney-client relationship? Substituted Judgment Direct representation Know your own biases Double check presumptions

Legal Issues Father’s Status CCJ ICWA Citizenship/Immigration Juvenile involvement Criminal involvement – victim ICPC Placement

Hearings/Mediation/Trial/Appeal Advocate for client Get there early to negotiate issues Use legal tools: discovery and motions Be independent even if aligned Frame the issues through your client’s eyes

Ideas for Making a Difference Placement Issues: Standing orders requiring ad litem agreement Motions Practice: placement with caregivers Daycare/services Return and Monitor Advocate for client’s legal positions