5
C
onsider this alternate reality for Maria. While waiting
anxiously in the hallway in front of the courtroom prior to
the commencement of her initial shelter care hearing, she
is greeted by three members of her new legal team— an attorney,
a social worker and a parent mentor. Recognizing her anxiety, her
team takes Maria to a private meeting room, where they explain
their role, their undivided loyalty to her and their legal obligation
to keep their communications confidential unless given Maria’s
permission. The team also tells Maria about what will happen
next in the case, what they will be asking for and what they
expect the child welfare agency to request. But most importantly,
the team gives Maria a chance to tell her story and to tell them
exactly what she wants for herself and her child. Maria has never
been given the chance to do this. After the meeting, Maria takes
a deep breath and enters the court hearing feeling less angry
and more willing to listen to and work with everyone on her case.
She feels more willing to engage with the system, knowing that
advocates presenting her perspective are on her side and will
support her. She also knows that she can rely on her team to
advocate for her on an ongoing basis.
Across the country, multidisciplinary parent representation
practices, like the one described above, are emerging and place
parent engagement at the core of their work. These offices
provide parents with the assistance of a team made up of an
attorney, a social worker and a parent mentor to help them
navigate the child welfare system. Each partner plays a crucial
role in helping the parent feel supported and engaged.
The attorney provides quality legal representation to the parent,
both inside and outside the courtroom. He or she meets with
the client, investigates the facts of the case, counsels the client
about the various options and possibilities, advises on what is
likely to happen and then zealously advocates for the parent
based on the client’s goals. The attorney also works with the other
players in the case, such as the caseworkers and the children’s
attorneys, recognizing the need to collaborate around planning
for the child and family, while also understanding that there
may be times where issues need to be aggressively litigated in
the courtroom. Importantly, the attorney, who may be better able
to access current information about the family, investigates the
facts of the case and shares relevant information with both the
agency and the court to ensure that all players have an accurate
understanding about what transpired prior to the filing of the
petition. This stands in stark contrast to the typical practice seen
across the country.
The social worker on the multidisciplinary team is able to connect
with the parent in ways that the agency caseworker cannot
because she, unlike the agency caseworker, has undivided loyalty
to the parent. Thus, she is able to have honest conversations
with the parent about the parent’s strengths and challenges
and can then work with the parent to find resources to address
identified problems. She has more time than the caseworker to
locate effective services in the community and then can work
closely with the client to access them. The social worker also
communicates regularly with the agency caseworker, accompanies
the client to agency meetings and ensures that the client’s voice
is heard.
Finally, the parent mentor, who herself successfully navigated the
child welfare system to reunify with her child, provides emotional
support to the parent so that her energy can be used productively
in service of the legal proceeding. The parent advocate also
discusses ways for the parent to productively engage with the
system and helps to ensure that the legal team—along with the
other players in the system—effectively engage with the parent.
The parent advocate provides a consistent reminder to all the
stakeholders about the need to tailor the intervention to address
the family’s identified needs.
Although this new model of parent representation is just
emerging, initial data demonstrates the dramatic impact it can
have on outcomes for children. For example, the Center for
Family Representation (CFR) in New York City,
19
which represents
parents using multidisciplinary legal teams, prevented the need
for foster care for many children, reduced the length of stay of
other children and reduced the rate of children re-entering the
system. Data tracked since 2007 demonstrate that more than 50
percent of children of CFR clients avoid foster care placement
altogether.
20
Where foster care cannot be avoided, the median
length of placement for children of parents served by CFR is just
Multidisciplinary Legal Representation Can Be an
Effective Tool to Engage Parents.