A LOT of the kids we’re representing are being prescribed psychotropic medications – especially the older youth. John, Angela, and Deborah talk about ways children’s attorneys can get more information and confidence in this area to effectively advocate for clients even if we don’t have medical expertise:
The NIH says children in foster care are 6.8% more likely to be prescribed psychotropic medication than their non-foster care peers. As children’s attorneys and not medical professionals, it is not our role to diagnose, but it is our role to make sure decision-makers have complete information, ask questions, and make sure everyone has done their due diligence before our clients are added to this very high number.
Some children need medicine but what’s the full picture? Are the problematic behaviors related to a trauma response? Do they persist across all aspects of the child’s life (home, school, etc.)? Are there other therapies or supports that should be used instead of or in addition to the medication?
Is everyone following the law? Because of the severity of side effects of some psychotropic medications and because some are not approved for use in children specifically, most states have detailed statutes, administrative rules, and/or operating procedures. Sometimes just holding the system accountable to the child by ensuring the law is followed is enough to protect your client.
The African American Family Preservation Act Victory, with Kelis Houston
Welcome back to the EPPiC Broadcast! Our latest episode features Kelis Houston, the founder of Village Arms, a community organization dedicated to reducing the number of African American children removed from their families by Minnesota’s Child Protection System. Today, she gives us a behind-the-scenes look at the background of the African American Family Preservation Act – which became law after an astounding seven years of advocacy by Kelis and Village Arms.
Reimagining the System with Public Knowledge
A new book “Families Belong Together,” was released by Public Knowledge to help elevate and honor the voices of individuals with lived experience and make the case for reimagining our child welfare system. Stacey Moss, Public Knowledge President and CEO, and Will Hornsby, Senior Vice President of Delivery, talk with Angela about the group’s idea to “replace” the current system with a community-oriented, strengths-focused approach that matches the social, economic, racial, ethnic, and religious realities of each community. The book features stories of families who navigated the system, and serves as a call to action. Stacey, Will, and Angela talk about whether to keep tinkering with improvements on the current system or construct something new and different.
As always, there are tips on how children’s attorneys can make an impact.
Get the full picture. Getting comprehensive information will help get the “right diagnosis” and better tailored solutions.
Talk to your client. Every family has strengths that can serve as natural supports and mitigate risks.
Get creative. Advocate for what works for the family, instead of defaulting to what is best for the people that do this work every day.
Focus on what brought the child into the system to hone in on what is necessary to get the family out.
Stacey says it feels like we’re in a fight between safety and permanency – at the expense of focusing on well-being of children and families. Public Knowledge wants to change that. Their powerful book is filled with concrete ideas and stories that can be used for training and to facilitate conversations about how the system can be better. The content of the book is available on the website for free and is being sold on Amazon. Here is the link to the book: https://go.pubknow.com/families-belong-together-book
Public Knowledge also has a podcast and we invite you to listen in. Click the link to access the Igniting Impact Podcast: https://pubknow.com/media-center/podcast/
The Future of the Indian Child Welfare Act
On this week’s episode, Imprint Indigenous Children and Families Reporter Nancy Marie Spears hosts a special roundtable discussion on the future of Indigenous child welfare. Our panel of guests break down how they will engage with a new 25-year plan to reform and improve Indigenous child welfare policy and practice through improved implementation of, and compliance with, the 1978 Indian Child Welfare Act, or ICWA.
ICWA 2050 was launched November 7 by the Protect ICWA Campaign to Honor ICWA’s 46th Anniversary and it’s called Protect, Preserve, Progress: Realizing the Spirit of the Indian Child Welfare Act. There are four key goals of this long-term plan, and the panelists talk about how their respective communities intend on engaging with each area of proposed change.
Guest panel:
Sarah Kastelic, (Alutiiq), is the executive director of the National Indian Child Welfare Association.
Te’Ata Loper, (Chickasaw), is the executive director of the Oklahoma Indian Child Welfare Association.
Kimberly Cluff is legal director of the California Tribal Families Coalition.
Linda S. Spears is president and CEO of the Child Welfare League of America.
The Way Forward: Report of the Alyce Spotted Bear & Walter Soboleff Commission on Native Children https://udallcenter.arizona.edu/sites/default/files/2024-07/TheWayForward.pdf
Children’s attorneys are critically important to the functioning and success of child welfare – but it doesn’t always feel that way. Why do we do it? How do you stay in this field and not burn out? Angela, John, and Jim share their perspectives and give a little pep talk to kick off 2025.
Cookie-Cutter Case Plans
Ever come across a case plan packed with tasks that have little to do with a family’s actual challenges? What is the child’s attorney’s role? Angela and Jim dive into this topic, discussing how children’s attorneys can influence case planning. They explore the gap between ideal practices and what is happening on the ground, and share how a child’s attorney can take a proactive role to benefit their clients.
Love ’em or Lose ’em: Keeping Lawyers in the Field
In this episode Angela interviews Jonathan Budd, Associate Executive Director from KidsVoice in Pittsburgh about strategies KidsVoice uses to retain lawyers. Jonathan says if he had to emphasize two things they would be flexibility and time off – things people can control regardless of how much money they have or how much fundraising ability exists.
NACC: New Tools to Elevate Your Practice
In this episode, Angela talks with Shannon Felder, Training Director at the National Association of Counsel for Children. Listen to learn about upcoming training opportunities and ways to connect with fellow children’s lawyers. And be sure to join us at the NACC conference in Salt Lake City August 12-14, 2024! We will be presenting at the preconference Children’s Law Office Project Convening. We hope to see you there!
SCOTUS Stunner: The Indian Child Welfare Act Stands
Last week, in a surprising 7-2 decision, the U.S. Supreme Court fully upheld the Indian Child Welfare Act in Brackeen v. Haaland. We break down the full opinion of the court and their various reasons for siding in support of the 1978 law that was passed at a time when nearly a third of indigenous children were separated from their family.
We are joined for reaction to the Brackeen ruling by three women close to the case:
-Kate Fort of Michigan State University, one of the foremost experts on ICWA in this country, who assisted with the tribes’ preparation for the Supreme Court oral arguments
-Chrissi Ross Nimmo, deputy attorney general for Cherokee Nation, one of the the tribes that officially was party to the case
-Rebecca Nagle, journalist and architect of the podcast This Land, whose second season focused on the Brackeen case.
Reading Room
Indian Child Welfare Act Stands, Native Families Empowered
https://bit.ly/3PjEV3L
The Imprint’s continuing coverage of Brackeen v. Haaland, 2018-2023
https://bit.ly/3ttyzTy
Opinion in Brackeen v. Haaland
https://bit.ly/3PhDGCa
Imprint Reporting by Nancy Marie Spears
https://imprintnews.org/author/nancy-marie-spears
Homelessness and Child Welfare: A Conversation with David Ambroz
In this episode, sponsored by the National Association of Counsel for Children, Angela interviews David Ambroz, author of the memoir “A Place Called Home” and keynote speaker at the upcomingNACC Conference in Minneapolis. After growing up homeless and then in foster care, David graduated from Vassar College and later earned his J.D. from UCLA School of Law. He is now the Head of Community Engagement (West) for Amazon, a national poverty and child welfare expert and advocate, and a foster dad.
In this episode, David provides a powerful perspective on the intersection of homelessness and child welfare. He talks specifically about how his attorneys impacted his journey. David also encourages people to focus on the progress being made within our admittedly imperfect systems and gives concrete strategies to continue pushing that progress forward.
Join us at the NACC Conference August 10-12, 2023. Click here to register.
To learn more about David Ambroz, visit his website and the website of his nonprofit, FosterMore. You can follow David on Instagram @hjdambroz and Twitter @DaveAmbroz.
When Things Go Sideways
In this episode, Angela, John and Jim talk about how to handle those difficult cases where you get what you asked for, but it doesn’t go as planned.
Cheerleading 101 – yes, you do that too
In this episode, Angela and Bill reveal a secret—that advocating a parent’s position can in fact facilitate the quick achievement of permanency. For example, a child’s attorney ensuring a parent is promptly referred to providers will help determine whether the case plan’s services can be timely achieved.
Advocating for the parent is, of course, in the name of your client—the removed child. By moving to compel referrals for the parent, you are pushing the case to permanency within statutory timeframes. And, you are taking the lead in the litigation to further your client’s emotional stability.
NACC Live: A Conversation with Leslie Starr Heimov, Part Two
In this two part series, Angela and Bill interview Leslie Starr Heimov, Executive Director of the Children’s Law Center of California.
CLC is the largest children’s law office in the country, representing about 33,000 children at any given time. In Part One, we talk with Leslie about caseloads, innovative practices and funding models, and strategies to keep children at home.
NACC Live: A Conversation with Leslie Starr Heimov
In this two part series, Angela and Bill interview Leslie Starr Heimov, Executive Director of the Children’s Law Center of California.
CLC is the largest children’s law office in the country, representing about 33,000 children at any given time. In Part One, we talk with Leslie about caseloads, innovative practices and funding models, and strategies to keep children at home.
NACC Live: A Conversation with Kim Dvorchak
In this episode, Angela and Bill interview Kim Dvorchak, executive director of the National Association of Counsel for Children. Kim talks with us about The Children’s Law Office Project, member resources, and NACC’s vision for the future.
Representing LGBTQ+ Clients: A Conversation with Currey Cook, Part Two
Did you know that one in five children in the child welfare system identify as LBGTQ+? In this two part episode, Angela and Bill interview Currey Cook. Currey is the Director of the Youth in Out-of-Home Care Project and Counsel of the National Headquarters of Lambda Legal in New York. He co-authored Safe Havens: Closing the Gap Between Recommended Practice for Transgender and Gender-Expansive Youth in Out-of-Home Care, which offers practical tips to children’s lawyers working with the LGBTQ+ population.
It’s no surprise that a large percentage of foster children are LGBTQ+. Your caseload undoubtedly contains those who identify as being within this population, whether you know it or not. Prejudices and stigma place added stress on them as they work their way through the foster care system. Consequently, it is important for lawyers to ensure these children’s legal rights are protected. Doing so will ensure they are treated fairly and compassionately while in the foster care system.
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