11

Moving Children to Moving Children to Timely PermanenceTimely Permanence

Training for Legal Representation for Training for Legal Representation for Children and ParentsChildren and Parents

A Report to the State Roundtable of Pennsylvania

22

Provide Timely PermanencyProvide Timely Permanency

Assure competent legal Assure competent legal representation for children and representation for children and parents before a shelter care parents before a shelter care hearing and throughout the legal hearing and throughout the legal processprocess

33

Legal Representation Legal Representation WorkgroupWorkgroup

Convened in the fall of 2009Convened in the fall of 2009 A collaborative effort made up of A collaborative effort made up of

individuals representing the individuals representing the judicial, legal and child welfare judicial, legal and child welfare systems on the state and county systems on the state and county level as well as a representative level as well as a representative from the ABAfrom the ABA

44

Legal Representation Legal Representation WorkgroupWorkgroup Review of what is happening Review of what is happening

nationally around training for nationally around training for legal representatives in child legal representatives in child dependencydependency

Survey in Pennsylvania Survey in Pennsylvania regarding issues of GALsregarding issues of GALs

Develop a plan and objectives Develop a plan and objectives for both pre-service and core for both pre-service and core trainingtraining

55

National Perspective:National Perspective:

Both NACC and ABA have a set Both NACC and ABA have a set of standards of practice for of standards of practice for attorneys that include the issue attorneys that include the issue of training. of training. Both organizations Both organizations include training as a priority include training as a priority item for high quality item for high quality representationrepresentation..

66

National Perspective:National Perspective:First Star Report CardFirst Star Report Card

First Star and the Children’s First Star and the Children’s Advocacy Institute published a Advocacy Institute published a comprehensive report entitled comprehensive report entitled A A Child’s Right to CounselChild’s Right to Counsel: : A A National Report Card on Legal National Report Card on Legal Representation for Abused and Representation for Abused and Neglected ChildrenNeglected Children

77

National Perspective:National Perspective:First Star Report CardFirst Star Report Card

Nine states received perfect scores in the Nine states received perfect scores in the area of trainingarea of training

All nine require training through statute, All nine require training through statute, court rule, or Supreme Court administrative court rule, or Supreme Court administrative orderorder

34/50 states require training for GALs34/50 states require training for GALs Pennsylvania did not score well in the area Pennsylvania did not score well in the area

of training – receiving a 0/10 for not of training – receiving a 0/10 for not requiring specialized education and/or requiring specialized education and/or training for child’s counsel (overall, PA training for child’s counsel (overall, PA received a “B” grade)received a “B” grade)

88

National Perspective:National Perspective:CAPTACAPTA

The Child Abuse Prevention and The Child Abuse Prevention and Treatment Act mandates that Treatment Act mandates that prior to receiving the first prior to receiving the first appointment, a GAL will receive appointment, a GAL will receive pre-service training appropriate pre-service training appropriate to their roleto their role

99

State Perspective:State Perspective:GAL SurveyGAL Survey

Status of GALs Employment

Part-Time91%

Full-Time9%

Full-Time Part-Time

Fifty Counties Fifty Counties responded to a responded to a state-wide state-wide surveysurvey

There are at There are at least 361 GALs least 361 GALs in Pennsylvaniain Pennsylvania

1010

State Perspective:State Perspective:GAL SurveyGAL Survey

Turnover Rates for GALs

Once a Year or Less92%

Monthly0% Several Times

Per Year8%

Monthly

Several TimesPer Year

Once a Year orLess

1111

State Perspective:State Perspective:GAL Survey - StrengthsGAL Survey - Strengths

Pennsylvania does a great job of retaining Pennsylvania does a great job of retaining GALs (low turnover), providing a GALs (low turnover), providing a consistency of representationconsistency of representation

Most counties reported that GALs are Most counties reported that GALs are appointed prior to or at the Shelter Hearing appointed prior to or at the Shelter Hearing if the case is opening in an emergency if the case is opening in an emergency situation or at the filing of the dependency situation or at the filing of the dependency petition if the child remains in the home of petition if the child remains in the home of the parent/guardianthe parent/guardian

Pennsylvania counties have an interest in Pennsylvania counties have an interest in training for the GAL in their countytraining for the GAL in their county

1212

State Perspective:State Perspective:GAL Survey - BarriersGAL Survey - Barriers

Training is not required Training is not required 34/50 States require GAL training34/50 States require GAL training

1313

State Perspective:State Perspective:GAL Survey - BarriersGAL Survey - Barriers

Training is not readily availableTraining is not readily available

40

7

4

0 10 20 30 40

None

Ongoing

Pre-Service

Counties Offering Training

These 40 counties offer and require no training for their GALs

1414

State Perspective:State Perspective:GAL Survey - BarriersGAL Survey - Barriers

45

28

27

6

4

0 10 20 30 40 50

Time

Workload

Cost

Interest

Distance

Identified Barriers to Training

1515

State Perspective:State Perspective:GAL SurveyGAL Survey

Respondents included topics Respondents included topics that they think would be that they think would be beneficial to address in trainingbeneficial to address in training

1616

State Perspective:State Perspective:GAL SurveyGAL Survey

Defining the role Defining the role and duties of and duties of the GALthe GAL

Interviewing and Interviewing and communication communication techniques with techniques with childrenchildren

Family Family engagementengagement

Dealing with the Dealing with the traumatized traumatized childchild

Child Child developmentdevelopment

Grief/loss Grief/loss issuesissues

1717

State Perspective:State Perspective:Parent AdvocateParent Advocate

Although no survey was completed Although no survey was completed regarding parent advocates, it was regarding parent advocates, it was felt that information was already felt that information was already known about the large number of known about the large number of parent advocates practicing in PAparent advocates practicing in PA

It is believed that parent advocates’ It is believed that parent advocates’ training needs are parallel to those of training needs are parallel to those of the GALsthe GALs

1818

The NeedThe Need

Pennsylvania NEEDS Pennsylvania NEEDS comprehensive, uniform, cost-comprehensive, uniform, cost-effective CORE training for the effective CORE training for the practitioner in the child practitioner in the child dependency system provided in dependency system provided in a statewide manner.a statewide manner.

1919

Training RecommendationsTraining Recommendations

Pre-Service Training – available Pre-Service Training – available on DVD so that mandatory on DVD so that mandatory completion can be completion can be accomplished prior to first accomplished prior to first appointmentappointment

Core Training – in-person, to be Core Training – in-person, to be completed by every parent completed by every parent advocate and GALadvocate and GAL

2020

Training RecommendationsTraining Recommendations

Training should be:Training should be:RelevantRelevantFocusedFocusedEngagingEngaging

2121

Training RecommendationsTraining Recommendations

Regional training presentationsRegional training presentations Local experts and pre-recorded Local experts and pre-recorded

demonstration segments or demonstration segments or panel informationpanel information

2222

Training RecommendationsTraining RecommendationsPre-Service TrainingPre-Service Training

The Legal Representation The Legal Representation Workgroup recommends that Workgroup recommends that GALs and Parent Advocates GALs and Parent Advocates participate in Pre-Service participate in Pre-Service TrainingTraining

2323

Training RecommendationsTraining RecommendationsPre-Service TrainingPre-Service Training

Pre-Service Training should be:Pre-Service Training should be: MandatoryMandatory Completed prior to 1Completed prior to 1stst Appointment Appointment Easy Access FormatEasy Access Format CLE CreditsCLE Credits Affidavit of Completion – Affidavit of Completion –

AccountabilityAccountability Core Training qualifies as Pre-Core Training qualifies as Pre-

Service TrainingService Training

2424

Training RecommendationsTraining RecommendationsCore TrainingCore Training

The Legal Representation The Legal Representation Workgroup recommends that Workgroup recommends that GALs and Parent Advocates GALs and Parent Advocates participate in Core Trainingparticipate in Core Training

2525

Training RecommendationsTraining RecommendationsCore TrainingCore Training

In order to ensure that all the In order to ensure that all the children and parents in the child children and parents in the child dependency system have the dependency system have the highest quality representation, Core highest quality representation, Core Training should be completed by Training should be completed by every GAL and Parent-Advocate, every GAL and Parent-Advocate, regardless of length of time serving regardless of length of time serving in that position or completion of in that position or completion of previous training, within the next two previous training, within the next two years.years.

2626

Training RecommendationsTraining RecommendationsCore TrainingCore Training

As the strongest commitment to high As the strongest commitment to high quality legal representatives, quality legal representatives, completion of Core Training should completion of Core Training should be mandatory. While exploring that be mandatory. While exploring that possibility, Core Training should be possibility, Core Training should be strongly encouraged with judicial strongly encouraged with judicial leadership as the court considers leadership as the court considers which attorneys it appoints to which attorneys it appoints to represent children and parents.represent children and parents.

2727

Training RecommendationsTraining RecommendationsCore TrainingCore Training

Live, 2-Day Regional TrainingLive, 2-Day Regional Training CLE CreditsCLE Credits Certificate of CompletionCertificate of Completion Multi-Disciplinary CurriculumMulti-Disciplinary Curriculum Resource ManualResource Manual

2828

Training RecommendationsTraining RecommendationsTimelineTimeline

Commence in 2011Commence in 2011 Pilot SessionPilot Session Annual TrainingAnnual Training

2929

Next StepsNext Steps

Curriculum developmentCurriculum development Pilot Core Training in 2011Pilot Core Training in 2011 Evaluate trainingEvaluate training Explore procedures for Explore procedures for

mandatory trainingmandatory training Explore the impact on Explore the impact on Pro BonoPro Bono

3030

Respectfully submitted to the Respectfully submitted to the Pennsylvania State Roundtable Pennsylvania State Roundtable by the Legal Representation by the Legal Representation Workgroup, May 2010Workgroup, May 2010