1. Non-Adversarial Case Resolution
Advocacy Corollaries

2. Non-Adversarial Case Resolution (NACR)
What does NACR refer to?: alternatives to conflict resolution or planning that otherwise occurs through traditional adversarial court process. Exs: mediation, family group conferencing. Chapter 24 of Red Book.
Ref. graphic: enter child’s world, assess safety, advance case planning, advocate effectively
What are limitations of traditional adversarial system in solving family-related disputes?
-- fosters hostility and division among parties
-- undermines cooperation
-- consumes energy, time, $
-- sequential, formal
-- limited, guarded exchange of information
What can be gained from a non-adversarial approach?
-- child and family engagement, empowerment
-- creative, self-directed problem solving
-- opportunity to observe interactions, assess competencies
-- opportunity to gain broader, complete view of child and family
-- promotes relationship-building, sharing of responsibility for child protection
-- strengths-focused
-- versatile, can be used at any stage of a case
-- free exchange of information
-- reducing docket crowding
-- possibly more culturally respectful

3. Uses of NACR in Child Welfare Cases
To resolve conflicts between child welfare agencies and parents
To increase intrafamilial involvement among parents, extended family
To resolve conflicts between and among foster parents, caseworkers, child representatives
To dispose of matters more promptly as part of the court process

4. Principal Goals of NACR
To ensure the safety and protection of children through resolution of disputes without having to rely on the traditional adversarial court process
To ensure that parents’ and children’s legal rights are protected
The success of NACR depends on the ability of all parties to engage with each other constructively. Collaboration assumes a shared objective, which in this context is what is best for the child. But we often experience the frustration of different paths chosen to that objective or a different framing of those goals. Most often, you, as the child’s representative, will be in negotiation with the assigned caseworker to obtain services,

5. Negotiating
Building solid working relationships with caseworkers and other providers is key
At the same time, good advocate must be ready to seek alternative means of problem solving or to go to court
Judgment is important

6. Negotiating Be sure all the parties have the relevant information
Remember that while the attorney has to consider the other’s opinions, those opinions should also be carefully weighed
Child’s lawyer / GAL is an active participant and should not simply rely on or defer to the judgment of others

7. Starring in Your Own Movie
Characteristics of a strong working relationship:
Communication
Responsiveness
Preferred modes of communication
Mutual respect
Question judgment, not intent or character
Understand each other’s backgrounds, job responsibilities, point of view
Trust
Teamwork

8. Different professional ethics and behavioral expectations
Caseworkers
May find “zealous advocacy” disagreeable and aggressive
Often expect complete openness and honesty
Tend to be more relational
Lawyers
More comfortable with spirited debate and disagreement
May negotiate strategically (e.g., withhold information)
Tend to be more analytic

9. Negotiating with Caseworkers
State your concern as clearly and concisely as possible
Listen carefully
Keep the focus on the child’s needs as a common point of interest
Restate and reframe in neutral language
Avoid “you” statements

10. Negotiating with Caseworkers
Clearly and narrowly define the points of disagreement
Avoid legal jargon
Offer concrete suggestions
…and be helpful
Involve the agency attorney, who may be able to assist in crafting a solution
Clarifying the law may help

11. Negotiating with Caseworkers
Understand the financial realities
You don’t necessarily have to back down because of them
“Reasonable efforts” requirements
A court order can provide the basis for additional services the agency wouldn’t ordinarily seek on behalf of a child

12. Policy Disputes If the worker’s position is based on policy:
Is that understanding of policy accurate (i.e., does the agency’s policy say what the worker understands it to say?)
Is that understanding of policy complete (e.g., does some other provision of policy provide the worker discretion to meet the need?)
Is the policy itself consistent with the law?
What is the scope of the caseworker’s authority?
Urban myths are pervasive
All policy can be waived by someone with appropriate authority
Caseworker’s authority may not be the same as the agency’s authority
Be familiar with the caseworker’s world, what they can and cannot do
Some actions may need to be approved by a supervisor

13. Policy Disputes
Give the caseworker a fair opportunity to solve the problem
Give a courteous head up if taking the matter to the worker’s supervisor or to the court

14. Q & A