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Representing Social Services Agencies
Aimee will introduce the topic
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Plan How are the models of representation different?
What type of work should a DSS director expect from the attorney? What are some of the challenges? How can a DSS director or administrator best support the legal team? Aimee will describe the questions we plan to answer today
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Models of Representation
County Attorney/Asst. County Attorney Social Services Staff Attorneys Contract Attorneys Special County Attorneys for Social Services* Aimee will briefly identify the four models * G.S. 108A-16
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Panelists Jamie Hamlett Alamance Lori Gershon Guilford
County Attorney/Asst. County Attorney Social Services Staff Attorneys Contract Attorneys Special County Attorneys for Social Services* Lori Gershon Guilford Jamie Hamlett Alamance Aimee will introduce the panelists and associate them with the model in their county Frank Bradshaw Sampson Images: LinkedIn, The Times-News
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How are the models of representation different?
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Describe Your Model Who is your boss? What do you do?
What types of cases are you involved with? What else are you involved with at the agency? How is your role different from other attorneys involved with the agency? Aimee will ask the general question and highlight some of the subquestions. Rather than ask each question separately, each panelist should take a few minutes to describe their model, embedding answers to these questions but also offering other information they think is important. When referring to “other attorneys,” I mean county attorneys, parent attorneys, attorney advocates. The goal is to highlight WHO the client is. This answer is always “the county” legally but Jamie and Lori will have slightly different spins.
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What Are Some Challenges?
What type of work should a director expect from the attorney?
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What to Expect? Cases Number of cases/ families per attorney
Types of cases Staffing cases Support staff needs Other Work Governing board Personnel Other? Aimee will introduce the topics for this question (this slide) but before turning it over to the panelists, she’ll provide some background info about caseloads.
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ABA Practice Standards
General Know the law, stay current Protect and promote the agency’s credibility Advice and counsel All legal matters and policy issues Court preparation, hearings, appeals Preparation Timeliness Thoroughness Participation Accuracy Aimee ABA Practice Standards, 2004
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Caseloads Recommendation for agency attorneys
ABA no more than 60 Wide range of recommendations for child attorneys NACC 100 active clients Judicial Council of California 77 cases Mass/ Public Counsel Services 75 open cases Pennsylvania 65 cases QIC-ChildRep study 60 cases Image: Aimee
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Caseloads – 2016 Survey Average number of families per FTE 93
Average number of children per family 1.75 86% of NC attorneys have support staff Average weekly hours In court for child welfare: Preparing for child welfare hearings: 13.38 Drafting orders and filings: 12.11 Advising agency: 8.02 Aimee Aimee will also talk about the listserv discussion and the range of answers that were provided, highlighting the variation Stephenson and Moraites, Managing the Unmanageable (2016)
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What to Expect? Cases Number of cases/ families per attorney
Types of cases Staffing cases Support staff needs Other Work Governing board Personnel Other? Aimee turns it over to the panel. It would be great if someone could address Relationship with board (contrast Jamie v. Frank) Personnel Will the attorney help with personnel issues or not (contrast Jamie v Lori) Will the attorney advise individual employees about legal issues?
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What Are Some Challenges?
Staff contacts What are some challenges?
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Challenges Caseload Complexity of cases Emotional investment
Professional roles Others? Aimee will briefly introduce this topic
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2016 Survey “Managing the Unmanageable”
Presentation by Angie Stephenson and Robynn Moraites The number of cases may not be as important as type. I feel like I am constantly shortchanging my social workers and my cases because I’m pulled in so many different directions. Aimee will share some of the responses simply to illustrate some of the stresses. I do the work of at least two attorneys.
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The work is emotionally consuming…
2016 Survey The work is emotionally consuming… …soul-killing… …the emotional trauma from dealing with the most serious cases in child welfare has begun to take its toll on me. I think of families and children and their circumstances often when I’m away from work and I often wake up in the middle of the night with thoughts of a certain child.
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Professional Role Where is the line between social work and law?
DSS director or staff asks the attorney to file a petition. The attorney believes the case isn’t ready. Staff contacts attorney for advice on a case – “what should we do?” Attorney reviews petitions, orders, and reports prepared by staff and finds them lacking. Aimee introduces this stressor Image: cpawilmingtonnc.org
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Challenges Caseload Complexity of cases Emotional investment
Professional roles Others? Aimee turns it back over to the panel
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What Are Some Challenges?
This is all panel – no prompts! How can a director support the legal team?
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Questions?
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