ADVOCATING FOR NON-RESIDENT FATHERS IN CHILD WELFARE COURT .
ADVOCATING FOR NON-RESIDENT FATHERS INCHILD WELFARE COURT CASESInstructor‟s GuideLesson ThreeEffective Ways to Advocate for Non-Resident Fathers Inside the CourtroomDeveloped by:American Bar AssociationCenter on Children and the Law740 15th Street, NWWashington, DC 20005on behalf ofThe National Quality Improvement Center onNon-Resident Fathers and the Child Welfare Systemwww.fatherhoodqic.orgBased in part on the ABA Child Law Practice article series commissioned bythe Quality Improvement Center on Non-Resident Fathers
Advocating for Non-Resident Fathers in Child Welfare Court CasesLesson 3Instructor’sGuideTITLE: LESSON THREE: EFFECTIVE WAYS TO ADVOCATE FOR NONRESIDENT FATHERS INSIDE THE COURTROOMDURATION OF INSTRUCTION: Ninety (90) minutesTRAINER NOTES:This is the third of four (4) lessons within the ADVOCATING FOR NON-RESIDENTFATHERS IN CHILD WELFARE COURT CASES” training curriculum.The instructor‟s script, companion presentation slides, and all associated handoutmaterials were designed for presentation by experienced training staff that arecomfortable enough with the materials to be able to customize the content to the needs ofthe participants and the time available. For each discussion topic, scripting is offered toguide the lecture and ensure that key points are covered. This script was not designed tobe memorized. Rather, it should be used as a guide and expanded to incorporate thetrainer‟s own knowledge and experience -- thus, enriching the participant‟s classexperience.Understanding that each jurisdiction has different law, rules and practices, we expectentities using this curriculum will adapt it to address their practice needs. This mayentail emphasizing some lessons or topics over others, omitting materials that do notapply in your jurisdiction or are not necessary for trainees with a certain experiencelevel or adding jurisdiction specific information that is not currently in the curriculum.TARGET AUDIENCE:The primary audience will be parents‟ attorneys. However, trainers should anticipateattorneys with a range of parent representation experience. Other participants in childwelfare proceedings, including non-lawyers, may be invited, such as governmentattorneys, children‟s attorneys or guardians ad litem, along with child welfare agencycaseworkers and staff.CURRICULUM AND LESSON RATIONALE:Lawyers appointed to represent non-resident fathers in child protection cases needspecialized training that goes beyond their minimum obligations and duties. There is nofederal law, and few state laws or court rules that mandate pre-appointment training forlawyers appointed to represent parents, and targeted resources or training can be difficultto find. Attorneys for non-resident fathers have even fewer specific resources and trainingopportunities available to them.This lesson will explore how to best advocate for non-resident fathers inside thecourtroom. Some of the material presented in this lesson comes from the ABA Child LawPractice article series on engaging fathers in child welfare proceedings, particularly thearticle on representing non-resident fathers by Andrew Cohen and the article on howjudges can better engage fathers in the child protection process, by Judge LeonardEdwards. The entire article series, along with additional materials, is available in the 2009 American Bar Associationand American Humane Association1
Advocating for Non-Resident Fathers in Child Protection ProceedingsLesson 3Instructor’s Guidebook Advocating for Nonresident Fathers in Child Welfare Court Cases which may bedownloaded for free at www.fatherhoodqic.org/AdvocatingForFathers.pdfThe final lesson in the training continuum will address special ethical considerations forattorneys who represent these clients.PARTICIPANT REFERENCE MATERIALS: Copies of power point slides Handouts for this lesson:o The Fostering Connections to Success and Increasing Adoptions Act of2008:Offers Help to Children Raised by Relativeso The Interstate Compact on the Placement of Children and RepresentingNon-Resident Fatherso “Representing Nonresident Fathers in Dependency Cases” by AndrewCoheno “Engaging Fathers in the Child Protection Process: The Judicial Role” byJudge Leonard Edwards (ret.)o Case StudyREQUIRED INSTRUCTIONAL MATERIALS: Presentation slides SVGA projector (capable of projecting presentation slides) External PC speakers (capable of broadcasting comprehensible audio throughout thetraining room) Laptop or desktop computer (capable of projecting presentation slides) 10‟x10‟ (minimum) projection screen Training facility with required seating Participant handout packages Flip chart(s) and assorted colored markers Curriculum post-test (as appropriate)PRESENTATION METHOD: Lecture and discussion Post-training testing (optional).REQUIRED READING (FOR TRAINERS): Research and develop an understanding of the various federal, state, and local lawsand regulations regarding non-resident fathers‟ rights and responsibilities in childwelfare proceedings. Read publications specific to this lesson subject matter:o Cohen, Andrew, “Representing Nonresident Fathers in DependencyCases.” 27 ABA Child Law Practice 145, Washington, D.C.: ABA Centeron Children and the Law (Dec. 2008).o Edwards, Leonard, “Engaging Fathers in the Child Protection Process:The Judicial Role (Part 1),” 28 ABA Child Law Practice 1, Washington,D.C.: ABA Center on Children and the Law (Mar. 2009).o Edwards, Leonard, “Engaging Fathers in the Child Protection Process:The Judicial Role (Part 2),” 28 ABA Child Law Practice 17, Washington, 2009 American Bar Association and American Humane Association2
Advocating for Non-Resident Fathers in Child Protection ProceedingsLesson 3Instructor’s GuideD.C.: ABA Center on Children and the Law (Apr. 2009).ADVANCED PREPARATION (FOR TRAINERS): As appropriate, participants should be informed well in advance if they will be tested. Read and understand the instructional intent behind each case study, simulation, andexercise. Prepare a training workbook for each participant that contains the slides and otherhandouts for this lesson, as well as a list of additional background reading that theparticipants may wish to obtain. Add jurisdiction-specific information into each presentation where prompted and inother areas where deemed necessary or appropriate. Where appropriate, revise or replace language or case study examples used ineach lesson in order to match the instructional needs of the target audience andthe laws and practice within the jurisdiction. Prepare the training room. For group discussions - Trainers should anticipate that the participants will possess arange of previous experience and subject matter knowledge. As training progresses, trainers should be prepared to solicit practical experiencesfrom the participants to enrich the training environment. Additional suggested reading for this lesson:o Cohen, Andrew “Special Considerations in Representing Parents” ChildWelfare Practice in Massachusetts 2(22) (2006).o Cohen, Andrew “Addressing Special Advocacy Issues” in Advocating forNonresident Fathers in Child Welfare Court Cases, American BarAssociation Center on Children and the Law, 2009 (available at:www.fatherhoodqic.or/AdvocatingForFathers.pdfo Laver, Mimi, “Representing Parents Effectively Post-AFSA,” 18 ABAChild Law Practice 149, Washington, D.C.: ABA Center on Children andthe Law (December 1999).o Rauber, Diane Boyd, “Representing Parents in Child Welfare Cases: ABasic Introduction for Attorneys,” Washington, D.C.: American BarAssociation (2000).o Sankaran, Vivek S, “Out of State and Out of Luck: The Treatment ofNon-Custodial Parents under the Interstate Compact on the Placement ofChildren,” 25 Yale L. & Pol‟y Rev. 63 (Fall 2006).o Sankaran, Vivek S, “Navigating the Interstate Compact on the Placementof Children: Advocacy Tips for Child Welfare Attorneys,” 27 ABA ChildLaw Practice 33 (May 2008).o Check www.fatherhoodqic.org for additional and up to date informationon father engagement in child welfare court cases.COURSE TERMINAL LEARNING OBJECTIVE:Upon completion of the training, and with the aid of reference materials, the participantwill be able to more effectively advocate for and represent, both inside and outside of thecourtroom, non-resident fathers involved in child welfare proceedings. 2009 American Bar Association and American Humane Association3
Advocating for Non-Resident Fathers in Child Protection ProceedingsLesson 3Instructor’s GuideLESSON ENABLING LEARNING OBJECTIVE:To achieve the terminal performance stated in the Terminal Learning Objective, theparticipant will: Identify strategies for responding to an abuse/neglect petition Apply strategies to secure court-ordered service and case plan goals for non-residentfathers and paternal kin Identify strategies for proceeding if appointed post-adjudication or before thetermination of parental rights (TPR) hearing Apply strategies to help non-resident fathers who wish to relinquish parental rights Explain strategies for responding to unfounded allegations made against non-residentfathers in open court Be able to tell the father‟s story in a positive and compelling lightCUES WITHIN THE CURRICULUM AND THEIR MEANINGS:Required time(Estimated)Question andAnsweropportunitySlide numberto be displayedClassdiscussionLink discussionwith state and locallaw/practiceTHE TRAINING CONTINUUM: Course Introduction, 15 minutes Lesson One - Asserting the constitutional rights of non-resident fathers with childreninvolved in child welfare proceedings, 90 minutes Lesson Two - Effective strategies to advocate for non-resident fathers outside thecourtroom, 90 minutes Lesson Three - Effective strategies to advocate for non-resident fathers inside thecourtroom, 90 minutes Lesson Four - Ethical considerations for attorneys representing non-resident fathers,60 minutes 2009 American Bar Association and American Humane Association4
Advocating for Non-Resident Fathers in Child Protection ProceedingsCueLesson 3Instructor’s GuideSubject OutlineNotesWELCOME, LESSON OVERVIEW, ANDINTRODUCTIONS10 min.Begin the session by welcoming the participants.Explain the inspiration behind this lesson and itsSlides 1and 2relevance within the training continuum.Suggested monologueAs we discussed earlier, statistics reveal that childrenliving apart from their fathers are at an increased riskof suffering numerous negative outcomes. Thesefindings remind us of the critical role fathers play intheir children‟s development. When mediation,negotiation, pre-hearing conferences, or similarinterventions have failed to meet the father‟s desiredoutcome, an attorney‟s in-courts skills will be the key toachieving the best possible outcome for the client.How should a non-resident father‟s counsel respond toan abuse/neglect petition? What strategies must counselemploy in court to ensure his client is engaged in thecourt and case planning process?This lesson will provide answers to these and similarquestions by focusing on methods by which attorneyswho represent non-resident fathers can effectivelyadvocate for their client inside the courtroom. 2009 American Bar Association and American Humane Association5Handouts:Cohen, Andrew,“RepresentingNonresidentFathers inDependencyCases.” 27 ABAChild LawPractice 145,Washington,D.C.: ABACenter onChildren and theLaw (Dec. 2008).Edwards,Leonard,“EngagingFathers in theChild ProtectionProcess: TheJudicial Role(Part 1),” 28 ABAChild LawPractice 1,Washington,D.C.: ABACenter onChildren and theLaw (Mar. 2009).Edwards,Leonard,“EngagingFathers in theChild ProtectionProcess: TheJudicial Role(Part 2),” 28 ABAChild Law
Advocating for Non-Resident Fathers in Child Protection ProceedingsCueSubject OutlineLesson 3Instructor’s GuideNotesPractice 17,Washington,D.C.: ABACenter onChildren and theLaw (Apr. 2009).Learning ObjectivesState that the goal of this 90 minute lesson is to betterenable attorneys representing fathers to meaningfullySlides 3and 4engage their clients in court proceedings.Continue by explaining that this lesson will offerspecific tips on how to respond to formal and informalallegations made against non-custodial and nonperpetrating fathers. Further, this lesson will examinethe importance of engaging the father in the caseplanning process by using the court to compel the otherparties to include him and his family in serviceplanning. Strategies will also be offered for attorneysappointed post-adjudication along with methods ofproviding help to fathers who wish to relinquish theirparental rights.Clearly state that the participants should depart thistraining recognizing the unique concerns and needs ofthese clients and armed with practical insight toeffectively advocate for fathers inside the courtroomwhile working collaboratively with the courts so thatsound decisions can be made. 2009 American Bar Association and American Humane Association6
Advocating for Non-Resident Fathers in Child Protection ProceedingsCueLesson 3Instructor’s GuideSubject OutlineMake it clear that each participant should have receiveda participant handout package. Provide a copy to thosein need.NotesDisplay a copyof the handoutpackage as anexampleTraining Schedule & Logistics (Only required if thetraining is not being presented as a series of lessonsduring the same period)If the training is being presented as part of a series ofsessions on different dates (e.g., monthly courthousebrown bags), recap which lessons have already beenSlide 5presented and provide the dates, times and topics forupcoming sessions.Introduce Trainers and Participants (as appropriate)Ask each trainer to briefly introduce themselves to theclass and explain: Where they work One or two major responsibilities Experiences related to non-resident fatherrepresentation Expectations of this classIf time allows Ask each participant to briefly introduce themselvesand explain: 2009 American Bar Association and American Humane Association7Note: Fill in thespecific datesfor each lessonlisted on theslide
Advocating for Non-Resident Fathers in Child Protection ProceedingsCueLesson 3Instructor’s GuideSubject OutlineoWho they areoWhere they workoExperiences related to non-resident fatherNotesrepresentationoExpectations of this classWrite participant expectations on the flip chart. Linktheir expectations to the specific training objectives.RESPONDING TO THE ABUSE/NEGLECTPETITION10 min.Explain that this lesson presumes that: (1) the father wasliving outside the home at the time of the abuse orneglect; (2) the father was not the perpetrator of abuseor neglect; and (3) the father is the “legal” father of thechild in question and thus should be afforded certainconstitutional rights to the care, custody and control ofhis child, including notice of dependency courtproceedings.Explain that the following fictitious case study will beused to examine effective strategies to advocate for therights of fathers inside the courtroom.A Case StudyLamar and Candice are the biological parents of 8 2009 American Bar Association and American Humane Association8Refer audienceto “Lesson 3:Case Study”
Advocating for Non-Resident Fathers in Child Protection ProceedingsCueSlide 6Lesson 3Instructor’s GuideSubject Outlineyear-old Temple. Though never married, they livedtogether as a family for several years. Lamar andCandice split up three years ago. After moving out,Lamar lost his job and began dealing drugs. He wasarrested last year for drug possession. He spent severalmonths in jail and was recently paroled.After Lamar moved out, Candice struggled to pay rentand was evicted from her home. She and Temple movedinto a homeless shelter. While there, Candice stoppedtaking her medication and would go into manic episodesduring which she would disappear for days at a time.Candice did not enroll Temple in school this year andhas threatened to beat Temple several times in front ofshelter residents and staff. When Temple recently talkedback to Candice she began to hit her with a belt. Othershelter residents witnessed the incident, reported it tostaff, who in turn called the child welfare agency.Lamar now lives in a studio apartment; he‟sparticipating in an outpatient drug rehabilitationprogram and has been drug-free for several months.Since going to jail, he has had no contact with Templeor Candice. His sister informed him that Temple wasplaced in protective custody. He later received notice ofan initial hearing in Temple‟s case. Temple is alleged tobe abused and neglected. Lamar was not named in thepetition. He wants custody of his daughter. 2009 American Bar Association and American Humane Association9Noteshandout.
Advocating for Non-Resident Fathers in Child Protection ProceedingsCueLesson 3Instructor’s GuideSubject OutlineThe immediate issue in this case is who should havetemporary custody of Temple. Ask the participants torespond to the following inquiry.Question:Slide 7Lamar is not named in the petition. How does this affecthis ability to seek custody of Temple?Begin by stating that, as discussed in Lesson One, stateshave different approaches on the extent to which courtsSlide 8can assume legal or physical custody over childrenbased only on an initial finding of one parent‟sunfitness. Explain (and present on the slide) the rule inthis jurisdiction regarding whether the court can assumejurisdiction over Temple if Lamar is not named in thepetition.Reiterate from Lesson One that Lamar‟s counsel hasSlide 9several options if Lamar wants custody immediately,such as: Absent allegations or a finding of unfitness, move todismiss for lack of jurisdiction and requestimmediate custody Request immediate placement at the initial courthearing; File a separate custody case in domestic relationscourt 2009 American Bar Association and American Humane Association10NotesAs time allows,solicit “realworld”experiencesfrom theparticipants.
Advocating for Non-Resident Fathers in Child Protection ProceedingsCueLesson 3Instructor’s GuideSubject OutlineNotesAlso explain that if Lamar lives in a different state thanTemple, he may be subject to the Interstate Compact onthe Placement of Children (ICPC), which could delayplacement.iExplain to the participants whether this jurisdictionapplies the ICPC to non-custodial, out-of-state parents.If so, explain that counsel should explore whetherLamar may: Challenge the application of the ICPC to his case Arrange for Temple to visit her father on anReferparticipants tohandout onICPC handoutand resourcesextended visit Request a court order requiring an expedited ICPCprocessQuestion:Assume Lamar is named in the petition and is alleged tohave abandoned or failed to protect Temple. How doesthis change Lamar‟s counsel‟s approach, if at all?Slide 10Explain that counsel should meet with Lamar to discusshow they can rebut these charges. Counsel may: 2009 American Bar Association and American Humane Association11The trainer mayneed to adjustthe languagehere dependingon thisjurisdiction‟sdefinition ofabuse/neglectrelating toabandonmentand failure toprotect.
Advocating for Non-Resident Fathers in Child Protection ProceedingsCueSlide 11Lesson 3Instructor’s GuideSubject Outline NotesDiscern from Lamar if he has had any contact withTemple in the last 6 months or relevant statutorytime frame (in person, by phone, by letter, etc.) If there has been no contact, determine why. Determine if any of his relatives have maintainedcontact with Temple Analyze whether the state statute and case lawsupport making these allegations against a noncustodial parent Assess whether there are sufficient grounds to moveto dismiss charges based on the government‟s failureto state a claimSummarize the topic Reiterate (and present on the slide) the rule in thisjurisdiction regarding whether the court can assumeSlide 12jurisdiction over the child when the father is notnamed in the petition. Reiterate the steps counsel may take to rebutallegations in the petition regarding failure to prote
Lesson One - Asserting the constitutional rights of non-resident fathers with children involved in child welfare proceedings, 90 minutes Lesson Two - Effective strategies to advocate for non-resident fathers outside the courtroom, 90 minutes Lesson Three - Effective strategies to advocate for non-resident fathers inside the
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Fathers’ involvement in school is associated with a higher likelihood of students getting mostly A’s. This is true for fathers in two-biological parent families, for stepfathers, and for fathers heading single-parent families. There appears to be no association, however, between fathers’ involvement in stepmother families and the
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