Multi-systemic Advocacy to Increase & Improve Legal Representation for Children in
Foster Care: The Washington State Experience
NACC 34th National Child Welfare, Juvenile, & Family Law Conference
August 31st, 2011
Jim Theofelis MC, LMHC, CDCExecutive Director & Founder
Erin Shea McCannCasey TrupinStaff Attorneys
Today’s Session . . . The legal representation landscape in Washington
The Mockingbird Society: • The Network• Engaging Youth • Engaging Stakeholders
Changing the landscape• Legislative work• Litigation: past, present & future
Next steps
Framing the Issue . . . First Star Report
• 2007: F Grade; 2009: D Grade• Among the bottom 10 states
WA law• RCW 13.34.100• JuCR 9.2(c)• Justice by geography
Data / Office of Civil Legal Aid Study CASA
Our Goal . . .
All children in Washington State will have a client-directed attorney at all stages of their dependency and termination proceedings.
The child’s attorney will be guided by rigorous caseload and training standards.
The child’s attorney will be supported by a network of children’s lawyers, social workers, community partners, and youth advocates.
* Based on the ABA Model Act Governing the Representation of Children in Abuse, Neglect and Dependency Cases
The Mockingbird Society’s Mission:Building a World-Class Foster Care System
Mission Statement: Building a World-Class Foster Care System
MissionThe mission of The Mockingbird Society is to advocatefor systems reform based on the personal experiencesof children, youth and families impacted by the fostercare system.
VisionAt The Mockingbird Society we are dedicated tobuilding a world-class foster care system that ensuresthe care, support and resources necessary for children,youth and families to thrive.
How We Are Going About Building . . .
• Change the Rules: Policy & Budget Allocation
• Change the Practice
• Humanize the issue by putting a face to the issue
• Operational definition of “world-class system”
The Mockingbird Society ProgramsThe Mockingbird Network •A statewide network of local Chapters led by youth and alumni of foster and kinship care.
•Youth in care have a VOICE
Mockingbird Family Model Programs
•Practice advocacy•Practical, replicable STRUCTURE for foster care delivery
Public Policy & Communications •Change the policy, change the practice•Put a human face on the issues
The Mockingbird
Network
Network Chapters
Leadership Trainings Annual
Events
Mockingbird Times
Statewide Leadership
Council
Speakers Program
Network Components:
Network Regional Chapters
Everett
SpokaneSeattle
Yakima
TacomaOlympia1
2
2
3
1
3
Individual
Development
Community
Engagement
System Reform
Leadership Through Three Strategies
Youth-Inspired Priorities
Youth Priorities
Safe Housing
Notification of Rights
Medicaid to 21
StateIdentification
Cards
Safety forYouth in Care
2007-20082005-2006
Safe HousingFoster Care to 21:In college for FY
(HB 2002)
2009-2010
Notification of Rights
in Foster Care (SB5758)
Fostering Connections:
50 youth per year can stay in their Homes during
college (HB 1961)
Unannounced Visits from
Social Worker(HB 1697)
2011
Independent Youth
Housing (HB 1922)
Allowing Social Workers to verify identity of foster
youth for WA Identicard (SB 67932)
Extended Foster Care(FCA/Entitlement)
to pursue highschool diploma
or GED (HB 1128)
Youth-Inspired Solutions
Medicaid/Healthcare to 21 for FY(SHB 1201)
LegalRepresentation
Creating a Legal Rep.Pilot Program
(HB 3048)
On the Record Finding(HB 1183)
Notification of Right to Request Counsel &
Practice Standards(HB 2735)
Engaging the StakeholdersNetwork Host Agencies
• Casey Family Programs
• Community Youth Services
• Pierce County Alliance
• YouthNet
• Volunteers of America (Spokane)
Community Partners• Advocates for System Kids &
Youth (ASK-Y)
• Child Welfare Advocacy Coalition (CWAC)
• Committee to End Homelessness (King County)
• Commercially Sexually Exploited Children Regional Steering Committee
How We Go About Engaging:Youth-Led Trainings25,000 Subscriptions
Legislative Work . . . • 2008 / HB 3048: Two County Pilot project
oOCLA Study
• 2009 / HB 1183: Finding on the Record
• 2010 / HB 2735: Notification of Right to Request Counselo Caseload & Training Standards developed by Supreme
Court Commission on Children in Foster Care; adopted by Legislature
oNo cost option
Legislative Work: One Step Forward . . .
HB 2735: Notification of the Right to Request Counsel in Dependency Proceedings and Training and Caseload Standards
. . . Two Steps BackBarriers:
• Legislators
• Need for Public Education
• CASAs
• Politics (differing perspectives about quality, quantity, etc., for legal representation)
Community Standard:
• Most families would never let their child appear in court without an attorney
• Attorneys are adequately trained with reasonable caseloads
Lessons Learned . . . • Legislative intent section of HB 2735 critical for future
legislative advocacy and appellate worko Attorneys have different skills and obligations than GALs/CASAs,
especially in forming a confidential and privileged relationship with a child
o Well-trained attorneys can provide legal counsel to a child on issues such as placement options, visitation rights, educational rights, access to services while in care and services available to a child upon aging out of care
• Legislative down time
Off Session Visits: Putting a Face on the Issue
The True Cost of Advocacy
The Mockingbird Society » Building a world-class foster care system» mockingbirdsociety.org
HB 3048 made it through the Washington State
House Judiciary Committee in 2008.
In the eleventh hour of the 2008 session, the budget proviso for HB 3048 was
removed.
Litigation / Appellate Work . . . • Finding the cases
o Children’s Representation listserv
• In re the Termination of D.R. and A.R.o Court of Appeals: state’s concessiono Supreme Court: limited to TPR; able to refer to past work
(2735: notification ≠ appointment of counsel; OCLA study)oOral argument
• Amicus coordinationoDiverse national and local perspective: everyone but the
State agrees
Updates . . . • In re the Termination of M.S.R. and T.S.R.
o Mother represented by former amicus attorneyo Amici want another bite at the apple—strengthen briefs based on
State’s response to amicus in D.R./A.R. and Justices’ questions in oral argument
• In re the Dependency of K.A.S.
• What about Bellevue School District v. E.S.?
• Center for Children & Youth Justice QIC Pilot Site
Next Steps . . . • Legislative: Budget neutral option?
• Litigation: Affirmative litigation? Appeals?
• Community Education & Continued Outreach
• QIC
Coming Full Circle: One Step Forward, Two Steps Back . . .
The Mockingbird Society » Building a world-class foster care system» mockingbirdsociety.org
Resources . . .
The Mockingbird Societywww.mockingbirdsociety.org
National Quality Improvement Center on the Representation of Children in the Child Welfare System www.improvechildrep.org
ABA Section of Litigation Children’s Rights Litigation Committeeapps.americanbar.org/litigation/committees/childrights
Contact Information . . .
Jim Theofelis, The Mockingbird [email protected]; (206) 323-5437
Casey Trupin, Columbia Legal Services [email protected]; (206) 287-9665
Erin Shea McCann, Columbia Legal [email protected]; (206) 287-8613