1 Moving Children to Timely Permanence Training for Legal Representation for Children and Parents A Report to the State Roundtable of Pennsylvania

2 Provide Timely Permanency Assure competent legal representation for children and parents before a shelter care hearing and throughout the legal process Assure competent legal representation for children and parents before a shelter care hearing and throughout the legal process

3 Legal Representation Workgroup Convened in the fall of 2009 Convened in the fall of 2009 A collaborative effort made up of individuals representing the judicial, legal and child welfare systems on the state and county level as well as a representative from the ABA A collaborative effort made up of individuals representing the judicial, legal and child welfare systems on the state and county level as well as a representative from the ABA

4 Legal Representation Workgroup Review of what is happening nationally around training for legal representatives in child dependency Review of what is happening nationally around training for legal representatives in child dependency Survey in Pennsylvania regarding issues of GALs Survey in Pennsylvania regarding issues of GALs Develop a plan and objectives for both pre-service and core training Develop a plan and objectives for both pre-service and core training

5 National Perspective: Both NACC and ABA have a set of standards of practice for attorneys that include the issue of training. Both organizations include training as a priority item for high quality representation. Both NACC and ABA have a set of standards of practice for attorneys that include the issue of training. Both organizations include training as a priority item for high quality representation.

6 National Perspective: First Star Report Card First Star and the Children’s Advocacy Institute published a comprehensive report entitled A Child’s Right to Counsel: A National Report Card on Legal Representation for Abused and Neglected Children First Star and the Children’s Advocacy Institute published a comprehensive report entitled A Child’s Right to Counsel: A National Report Card on Legal Representation for Abused and Neglected Children

7 National Perspective: First Star Report Card Nine states received perfect scores in the area of training Nine states received perfect scores in the area of training All nine require training through statute, court rule, or Supreme Court administrative order All nine require training through statute, court rule, or Supreme Court administrative order 34/50 states require training for GALs 34/50 states require training for GALs Pennsylvania did not score well in the area of training – receiving a 0/10 for not requiring specialized education and/or training for child’s counsel (overall, PA received a “B” grade) Pennsylvania did not score well in the area of training – receiving a 0/10 for not requiring specialized education and/or training for child’s counsel (overall, PA received a “B” grade)

8 National Perspective: CAPTA The Child Abuse Prevention and Treatment Act mandates that prior to receiving the first appointment, a GAL will receive pre-service training appropriate to their role

9 State Perspective: GAL Survey Fifty Counties responded to a state-wide survey Fifty Counties responded to a state-wide survey There are at least 361 GALs in Pennsylvania There are at least 361 GALs in Pennsylvania

10 State Perspective: GAL Survey

11 State Perspective: GAL Survey - Strengths Pennsylvania does a great job of retaining GALs (low turnover), providing a consistency of representation Pennsylvania does a great job of retaining GALs (low turnover), providing a consistency of representation Most counties reported that GALs are appointed prior to or at the Shelter Hearing if the case is opening in an emergency situation or at the filing of the dependency petition if the child remains in the home of the parent/guardian Most counties reported that GALs are appointed prior to or at the Shelter Hearing if the case is opening in an emergency situation or at the filing of the dependency petition if the child remains in the home of the parent/guardian Pennsylvania counties have an interest in training for the GAL in their county Pennsylvania counties have an interest in training for the GAL in their county

12 State Perspective: GAL Survey - Barriers Training is not required Training is not required 34/50 States require GAL training 34/50 States require GAL training

13 State Perspective: GAL Survey - Barriers Training is not readily available Training is not readily available These 40 counties offer and require no training for their GALs

14 State Perspective: GAL Survey - Barriers

15 State Perspective: GAL Survey Respondents included topics that they think would be beneficial to address in training Respondents included topics that they think would be beneficial to address in training

16 State Perspective: GAL Survey Defining the role and duties of the GAL Defining the role and duties of the GAL Interviewing and communication techniques with children Interviewing and communication techniques with children Family engagement Family engagement Dealing with the traumatized child Dealing with the traumatized child Child development Child development Grief/loss issues Grief/loss issues

17 State Perspective: Parent Advocate Although no survey was completed regarding parent advocates, it was felt that information was already known about the large number of parent advocates practicing in PA Although no survey was completed regarding parent advocates, it was felt that information was already known about the large number of parent advocates practicing in PA It is believed that parent advocates’ training needs are parallel to those of the GALs It is believed that parent advocates’ training needs are parallel to those of the GALs

18 The Need Pennsylvania NEEDS comprehensive, uniform, cost- effective CORE training for the practitioner in the child dependency system provided in a statewide manner.

19 Training Recommendations Pre-Service Training – available on DVD so that mandatory completion can be accomplished prior to first appointment Pre-Service Training – available on DVD so that mandatory completion can be accomplished prior to first appointment Core Training – in-person, to be completed by every parent advocate and GAL Core Training – in-person, to be completed by every parent advocate and GAL

20 Training Recommendations Training should be: Training should be: Relevant Relevant Focused Focused Engaging Engaging

21 Training Recommendations Regional training presentations Regional training presentations Local experts and pre-recorded demonstration segments or panel information Local experts and pre-recorded demonstration segments or panel information

22 Training Recommendations Pre-Service Training The Legal Representation Workgroup recommends that GALs and Parent Advocates participate in Pre-Service Training The Legal Representation Workgroup recommends that GALs and Parent Advocates participate in Pre-Service Training

23 Training Recommendations Pre-Service Training Pre-Service Training should be: Mandatory Mandatory Completed prior to 1 st Appointment Completed prior to 1 st Appointment Easy Access Format Easy Access Format CLE Credits CLE Credits Affidavit of Completion – Accountability Affidavit of Completion – Accountability Core Training qualifies as Pre- Service Training Core Training qualifies as Pre- Service Training

24 Training Recommendations Core Training The Legal Representation Workgroup recommends that GALs and Parent Advocates participate in Core Training The Legal Representation Workgroup recommends that GALs and Parent Advocates participate in Core Training

25 Training Recommendations Core Training In order to ensure that all the children and parents in the child dependency system have the highest quality representation, Core Training should be completed by every GAL and Parent-Advocate, regardless of length of time serving in that position or completion of previous training, within the next two years. In order to ensure that all the children and parents in the child dependency system have the highest quality representation, Core Training should be completed by every GAL and Parent-Advocate, regardless of length of time serving in that position or completion of previous training, within the next two years.

26 Training Recommendations Core Training As the strongest commitment to high quality legal representatives, completion of Core Training should be mandatory. While exploring that possibility, Core Training should be strongly encouraged with judicial leadership as the court considers which attorneys it appoints to represent children and parents. As the strongest commitment to high quality legal representatives, completion of Core Training should be mandatory. While exploring that possibility, Core Training should be strongly encouraged with judicial leadership as the court considers which attorneys it appoints to represent children and parents.

27 Training Recommendations Core Training Live, 2-Day Regional Training Live, 2-Day Regional Training CLE Credits CLE Credits Certificate of Completion Certificate of Completion Multi-Disciplinary Curriculum Multi-Disciplinary Curriculum Resource Manual Resource Manual

28 Training Recommendations Timeline Commence in 2011 Commence in 2011 Pilot Session Pilot Session Annual Training Annual Training

29 Next Steps Curriculum development Curriculum development Pilot Core Training in 2011 Pilot Core Training in 2011 Evaluate training Evaluate training Explore procedures for mandatory training Explore procedures for mandatory training Explore the impact on Pro Bono Explore the impact on Pro Bono

30 Respectfully submitted to the Pennsylvania State Roundtable by the Legal Representation Workgroup, May 2010