1. Representing Children
Lori K. Duke, Clinical Professor
Children’s Rights Clinic |University of Texas School of Law

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

3. Rule 1: Meet your client
Why?
Texas Family Code: ,
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.

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

5. 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

6. 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

7. 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?

8. 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

9. 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

10. 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

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

12. 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

13. 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

14. 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

15. 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

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

17. 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

18. 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