The Importance of Fathers in Child Welfare Cases 1

WELCOME AND INTRODUCTIONS 2 Presentation Objectives: To recognize and acknowledge the importance of father’s participation in the child welfare process Explain the definition of “Fathers” in the child welfare court system and why it is important to engage them early in the process How to assert the constitutional rights and responsibilities of fathers in the child welfare court system Discuss strategies attorneys can employ inside and outside the courtroom to effectively represent fathers and help children reunite with them Address practical challenges attorneys may face in achieving desired outcomes for fathers and families Identify impediments, biases and stereotypes that interfere with a father’s active participation in their children’s lives

There is a wide spread belief that mothers are more important to a child’s healthy development, than fathers. There is also this perception that non-custodial fathers are missing entirely from their children’s lives, this is rarely true; most have had some type of contact with their children within the past year. 3 Impediments and Barriers Fathers Face

Because of these misperceptions caseworkers, attorneys, and bench officers: Do not adequately involve fathers in case planning or provide services for them Fail to contact fathers, even when they are told he has been involved in the children’s lives or do not adequately include fathers in any aspect of their child’s case 4

5 In 2006, the Urban Institute, published its final report on child welfare agencies’ efforts to identify, locate, and involve non-custodial fathers in the child welfare process. The report, entitled, “What About the Dads?” reviewed 1,958 cases of children who were removed by child welfare agencies from their homes where their biological father did not reside. Telephone interviews with 1,222 child welfare agency caseworkers involved in these cases showed that: 88% of father’s were named by CPS; 55% were contacted; 30% visited; 50% indicated an interest in placement; yet only 4% of the cases had an identifiable goal of placement with the father

Engage Fathers Early in the Proceedings Make sure father receives notices of all hearings in a timely manner CPS must exercise due diligence and make “reasonable efforts” to locate the father and/or paternal relatives Even if the father is not able to take custody, they are an invaluable resource in indentifying extended family members who can play an important supportive role for the child in the father’s absence 6

Father’s Rights Once In Court 7 A father’s rights generally include, the right to: Notice of proceedings Visitation (unless there is evidence of potential harm) Request custody Counsel (varies by state) A hearing to determine necessity for removal An impartial fact finder Foreign language interpreter

The Constitutional Rights of Fathers Stanley v. Illinois, 405 U.S. 645 (1972) In 1972, the Supreme Court for the first time addressed unwed fathers rights Child Protection Agency removed an unwed father’s children from his care after their mother and live-in girlfriend died Children removed based on a state statute that presumed unwed fathers were unfit parents Supreme Court held that absent a finding of unfitness, an unwed father cannot lose custody of his children by virtue of his non-married status 8

9 Lehr v. Robertson, 463 U.S. 248, 261(1983): When an unwed father demonstrates a full commitment to the responsibilities of parenthood by coming forward to participate in the rearing of his child, his interest in personal contact with his child acquires substantial protection under the Due Process Clause. At that point it may be said that he acts as a father toward his children. But the mere existence of a biological link does not merit equivalent constitutional protection.

10 Father’s Legal Interest Stanley and other cases, require that in order for the non-resident father to ‘perfect’ or achieve this interest, he must: Have established a relationship with his child, or Seized the opportunity to establish such a relationship

Parentage Questions 11 Establishing paternity means establishing the identity of the child's father. A father can acknowledge paternity by signing a written admission or voluntary acknowledgment of paternity. All states have programs under which birthing hospitals give unwed parents of a newborn the opportunity to acknowledge the father's paternity of the child. States must also help parents acknowledge paternity up to the child's eighteenth birthday through vital records offices or other entities designated by the state.

Alleged (putative) Father Named by the mother, as being the father or he appears in children’s court claiming to be the father. He has no legal standing, however Typically states will provide notice and a right to elevate their parentage status. Court has discretion to order services if it is in the child’s best interest 12

Biological Father His paternity is proved by a blood test, but he has not attained presumed father status. This category includes men found to be fathers in a prior family law or child support case, either by blood test or by default judgment. Man comes to court requesting a paternity finding by submitting a Statement Regarding Parentage. In that case the court must determine if he is the biological father by ordering a paternity test. 13

Presumed Father He and the child’s mother are or were married to each other, and the child is born during the marriage or within 300 days after the marriage ended. With his consent, he is listed as the father on the child’s birth certificate. He has acknowledged his paternity in writing. He is obligated to support the child, either by voluntary agreement or court order. While the child is a minor, he has resided with the child and/or openly claimed the child as his biological child. 14

Studies show that children without fathers active in their lives are at an increased risk of suffering many negative outcomes: – Become involved in criminality – Have behavior problems at school – Experience poverty at higher rates – Suffer higher incidences of hopelessness But, with active fathers: – There is a higher likelihood of family reunification – They leave foster care in a shorter period of time – They are less likely to be mistreated again – Have better physical and mental health – Better self-esteem 15

Serving Fathers of Color Through a Lens of Cultural Perspective and Sensitivity 16

The Impact of Bias on Fathers, Children, Families What me Biased?

Biases, Stereotypes, Prejudices Negative stereotypes of men/ fathers in general: Negative stereotypes of Black and Latino males: Negative stereotypes of GBTQ males: Inherent bias in favor of women All serve to exacerbate racial, social and economic disproportionality and disparity intrinsic in the child welfare system 18

Negative Stereotypes of Men of Color

Violent, Hostile, Angry, Engaged in Illegal Activity- mainly Drugs and Robbery

Negative stereotypes of Gay, Bisexual, Transgender & Queer Men

Why Fathers Have Historically Absented Themselves from Court ?

The Role of the Child’s Attorney 27

What is an Advocate to do? Know and be prepared to exercise legal options on behalf of your client Request immediate placement with the father at the initial court hearing and all subsequent hearings Make sure the court considers paternal relatives for placement Move to dismiss for lack of jurisdiction and request immediate custody (absent a finding of unfitness) 28

29 Weigh the Father’s Interest How does the child feel about living with her father Has the father currently or previously cared for the child or other children. Has the father has provided support to the child (emotionally or monetarily) How have visits gone

30 Visitations If there is no evidence that visits with client has or will harm the child, request liberal and unsupervised contact If conditions are placed on contacts, assess whether they properly limit your client’s right to see his child Work with other attorneys who will be interested in more liberal visitation because it is in the child’s best interest

Different Strokes Concerns for families is typically demonstrated in child welfare through reactive approaches that quickly pull families apart and then fail to make them whole again The questions that should be asked are actually quite simple, they start with: “What can I do to keep this family together?” Let go of preconceived notions of child rearing Avoid supplanting our values/exercising “social engineering” in the name of “best interest 31

32 Accept that fathers do care for their children Father’s involvement is significant in terms of economic well-being, social support, and child development All professionals must identify and constantly address their own biases and hang ups about men and fathers, the poor and men of color Conduct staff trainings and development that include a significant segment devoted to fathers Use language in your dealings with fathers that is not divisive, patronizing or condescending

Policies Supportive of an Inclusive Family Model 33 Start by acknowledging that mother’s as well as fathers are significant to children lives Children need to know who their parents are and to have as much contact with them as is possible and safe. Don’t accept reports if they have no info as to father When clients say they don’t want to see their father, find out why. Whether they ever live together or not a child’s relationship with her parents shape her ability to forge successful relationships in the future

Thank You for Your Attention 34 What we have shared today is merely a compilation of what we have experienced and learned from others over the years. As such we take no credit for the originality of the content. Some of the information and concepts presented come from the ABA Child Law Practice article series on Engaging Fathers in Child Welfare Proceedings Your Presenters: Phyllis Stricklan, Director Children’s Law Center of Los Angeles-2 Rachel Ewing, Supervisor Los Angeles Dependency Lawyers, Inc.

Resources 35 Malm K., Murray J. and Geen R, “What about the Dads? Child Welfare Agencies Efforts to Identify, Locate and Involve Nonresident Fathers,” Washington DC: The U.S. Department of Health and Human Services, Office of the Assistant Secretary for Planning and Evaluation (2006) Sankaran, Vivek, “Advocating for the Constitutional Rights of Nonresident Fathers,” ABA Child Law Practice, Washington, D.C. : ABA Center on Children and the Law (2008) Judge Leonard Edwards, “Engaging Fathers in the Child Protection Process: The Judicial Role” Juvenile and Family Court Journal 60, no. 2 (Spring) 1 National Council of Juvenile and Family Court Judges (2009) Bellamy, J.L. a national study of male involvement among families in contact with the child welfare system. Child Maltreatment, 14, (2009)

36 Jenkins, M. and Kinney, E. “Dads and Paternal Relatives: Using Family Group Decision Making to Refocus the Child Welfare System on the Entire Family Constellation” This American Humane FGDM Issues in Brief (2009) The National Quality Improvement Center on Non-Resident Fathers and the Child Welfare System, National Fatherhood Initiative (NFI), American Humane Association, and American Bar Association Center on Children and the Law, Father Friendly Check-Up™ for Child Welfare Agencies and Organizations. (2008) The National Latino Fatherhood and Family Institute and Bienvenidos Children’s Center, Inc. Fatherhood Lessons (2003) Finding Your Way: Guides For Fathers In Child Protection Cases The Rights of Unmarried Fathers Child Welfare Information Gateway (June 2010)

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