Tell of two courtrooms Advocacy tips.

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Presentation transcript:

Tell of two courtrooms Advocacy tips

Post-shelter / pre-arraignment What the GAL should do post shelter and pre-arraignment hearing: Do a home visit, access if the home is safe and appropriate Do the children have any unmet needs (services) How are the parents doing? Have all of the parents been identified and found? Start interviewing each parent If child is in foster care, explore if an appropriate relative placement is available

Arraignment hearing GAL should continue to do all of the above This will likely be the first time the GAL will be present in court for the case If GAL has identified any needs, share those needs 72 hours in advance of the hearing Have calendar available as subsequent dates will be scheduled Meet parents if they appear at court, exchange contact info. "The miracle isn't that I finished. The miracle is that I had the courage to start." —John Bingham, running speaker and writer "We all have dreams. But in order to make dreams come into reality, it takes an awful lot of determination, dedication, self-discipline, and effort."

Mediations GAL should read pleadings and discovery / Ensure Recommendations are Reasonable Knowledge will give you power, but character respect. We all require and want respect, man or woman, black or white. It's our basic human right Be kind to the parent, acknowledge parent, build rapport, ask parent if there is anything the GAL to do Give the parent an update about the child

Initial JR AFTER ADJUDICATion Report timely, but not too early or too late, ideal reporting is three weeks prior to hearing Give me six hours to chop down a tree and I will spend the first four sharpening the axe. Make clear recommendations in GAL report

PERMANENCY JUDICIAL REVIEW Make strong recommendations in subsequent JRs for permanency Should have interviewed parents by now, and observed parent-child visitation Know how child is doing in school Know if the parents are engaged in services Normalcy activities In a lawsuit the first to speak seems right, until someone comes forward and cross-examines Have basis for your recommendations, if you want something be able to tell your BIA why

CONDTIONS FOR RETURN SEE HANDOUT I can't change the direction of the wind, but I can adjust my sails to always reach my destination. SEE HANDOUT

TERMINATION OF PARENTAL RIGHTS We can not reunify and are looking at TPR, what should we consider: Discuss what has sunk us at TPR We haven’t interviewed parents We haven’t observed parents visitation Evidence is not based on Substantial and Competent Evidence One sided Evidence all FROM FCM and Caregiver (who wants to adopt). If GAL has concerns about TPR, be courageous and tell us early Keep the team updated with any changes Know what the child wants, if old enough Keep us updated if the parents have fallen off the radar Don’t Keep caregiver secrets.

Medication Management: GAL should know what’s going on with child’s meds – speak to child, caregiver, schools, attend medication management appointments if available The standard GAL should use, is to scrutinized the medications on the same level the GAL would do if it were their own child/grandchild The time is always right to do what is right.

Modifying visitation No contact orders must be established by a finding of clear and convincing KCSA, presumption of detriment to child

Stay in balance EXPECT DELAYS  GIVE BUMPS IN THE ROAD TIME  CELEBRATE YOUR WINS  SMALL VICTORIES COUNT AS WINS 

MAN IN THE ARENA It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, who comes short again and again, because there is no effort without error and shortcoming; but who does actually strive to do the deeds; who knows great enthusiasms, the great devotions; who spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory nor defeat.