ADVOCATING FOR NON-RESIDENT FATHERS IN CHILD WELFARE...

Welcome

ADVOCATING FOR NON-RESIDENT

FATHERS IN CHILD WELFARE

COURT CASES

Lesson 2: Effective Ways to Advocate for Non-

Resident Fathers Outside the Courtroom

Course Background

Some of the material in this lesson comes from the ABA Child Law Practice article series commissioned by the Quality Improvement Center on Non-Resident Fathers and the Child Welfare System, particularly the articles on:

• Representing non-resident fathers (by Andrew Cohen);

• Male help-seeking behavior (by Mark Kiselica); and

• Child support and child welfare (by Daniel Hatcher)

Learning Objectives

• Examine the multiple roles attorneys must

take on when representing non-resident

fathers

• Identify steps to building an effective

attorney/client relationship with a non-

resident father client

• Understand situations that affect a father’s

capacity to be involved with his child(ren)

Learning Objectives

Continued

• Understand how to work with the client and

agency to develop a case plan and identify/

implement services

• Realize the benefits of a father’s involvement

in case planning, services, and FGDM

• Recognize the impact of other court

proceedings on child welfare cases involving

non-resident fathers

Lessons

• Lesson One (90 min.) - Asserting the constitutional rights

of non-resident fathers with children involved in child

welfare proceedings

• Lesson Two (90 min.) - Effective strategies to advocate

for non-resident fathers outside the courtroom

• Lesson Three (90 min.) - Effective strategies to advocate

for non-resident fathers inside the courtroom (Date)

• Lesson Four (60 min.) - Ethical considerations for

attorneys representing non-resident fathers (Date)

Roles of the Attorney

In court and with other parties

• Act as a zealous advocate, sharing the fathers’ story in a compelling way

• Make legal arguments to protect his rights

• Take adversarial or cooperative stances with other parties, depending on the context and case stage

One-on-one with client

• Act as a counselor, explaining the likelihood of achieving his goals

• Remind him of his responsibilities and the work he must do to achieve those goals

Strategies to Build An Effective Relationship

•Fathers may not distinguish between the

court/child welfare system and their own

attorney

•Fathers who do not trust their attorneys may not

give them honest and complete information

•Men seek help and learn differently than women

•Attorneys should learn more about how males

are most comfortable interacting

Kiselica, Mark, “Reaching Nonresident Fathers in the Child Welfare System: Understanding

Male Help-Seeking Behaviors,” 27 ABA Child Law Practice 161, Washington, DC: ABA

Center on Children and the Law (Jan. 2009).


Tips for working with fathers:

Explain your role in the child welfare system

and who you represent.

Recognize your father client’s life circumstances

and remove barriers to his meeting with you.

Maintain a father-friendly environment.

Help dads stay on schedule.

Learn and practice male-friendly rapport-

building tactics.

•Address your own unconscious biases

Source: Kiselica, Mark. “Reaching Nonresident Fathers in

the Child Welfare System: Understanding Male Help-

Seeking Behaviors,” Child Law Practice (Jan. 2009).

Group Exercise

Do you agree or disagree with the following statements?

• Statement 1: In general, women are naturally better

parents than men

• Statement 2: Non-resident fathers who have had little

or no contact with their child deserve representation

equal to resident/custodial mothers

**Based on an exercise developed by National

Fatherhood Initiative


Continued

Ensure that the client fully understands that his

attorney will zealously advocate for his rights and

wishes

Inform the father (both in words and by actions) that

counsel is prepared to stand up to the child welfare

agency, other attorneys, and the judge so that the

client’s goals may be achieved

Case Study

• Joseph and Sheryl – 8 year-old Nelson’s biological

parents, never married

• Joseph often visited his son and helped financially

(informally) for years

• 4 years ago, Joseph was arrested and received a 5 year

sentence

• Has had no contact with Sheryl or his son since his

arrest

Case Study

Continued

• Sheryl disappeared 6 months ago and Nelson was placed

in foster care

• Joseph will be released in 3 months and wants custody

of his son

• Joseph fears that the system will work against him and

he’ll end up back in prison if ordered to pay child

support he cannot afford

Questions

• What in Joseph’s background may be causing him to

question whether he can successfully gain custody of

Nelson?

• What are some other barriers that affect a non-resident

father’s capacity or willingness to be involved in his

children's lives?

Barriers to a Father’s Participation

Individual

• Immigration status

• Poverty or child support issues

• Lack of transportation or housing

• Scheduling issues due to other commitments

• Lack of legal paternity

• Literacy, mental health, or substance abuse issues

• Outstanding arrest warrants/pending criminal trials

• Medical issues

• Geographic separation or incarceration

• Feelings of fear, guilt, denial or anger

• Traditional notions of masculinity

Other Barriers to a Father’s Participation

Relational

• Poor relationships between non-resident father and mother/maternal relatives

• Lack of trust in the system

• Communication/language issues

Systemic

• Predisposition of child protective services and

the courts to view dads negatively

• Lack of court or agency policies that promote

early location efforts for fathers

Question

How can the barriers non-resident fathers face be

overcome?

Overcoming Barriers

• Brainstorm ways to overcome barriers with the client

o If transportation is an issue, counsel could suggest

working with the caseworker to obtain transportation

vouchers for court hearings, case plan meetings and

services

o If client has low literacy, counsel should read

important legal documents to him and help identify a

friend or a family member who can assist

with day-to-day literacy requirements

Substantial Communication

The attorney and client must communicate regularly

(including in-person meetings) so that both are fully

informed of any developments that may

affect the case

• Counsel must, during her first discussion with the client,

learn what the client’s desired outcome is

• Counsel must fully explain the nature of the dependency

process along with the risks and benefits of each option

Topic Summary

•Fathers sometimes suffer conflicting feelings

about becoming involved in their child's case

•Fathers often face barriers that hinder

participation in their children's lives

•Attorneys must recognize that fathers may not

distinguish between the court, the child welfare

system, and their own attorney and this can

lead to a less effective working relationship

Topic Summary

Continued

• Counsel must ensure that the client fully understands

that his counsel will zealously advocate for his rights

and wishes

• Counsel must learn what the client’s desired outcome is

• It is critical that counsel explain to the client the

likelihood of achieving his goals and discuss alternatives

Case Study

Continued

• Joseph expressed reluctance to participating in

mandatory services

• He is concerned about:

•how he will fit services in to his work

schedule

•how he will get to and from services since he

does not have a car

Case Plan Development

Practice Tips

• Help him understand that the case plan is the agency’s

roadmap and the need for him to participate in its

development

• Explain the importance of completing services

• Attend all case planning meetings and explain that he

should not sign a case plan that you have not reviewed

and discussed with him

• Ask your client to identify the services he thinks would

benefit him most

Case Plan Development

Practice Tips (continued)

• Insist that the agency identify services that are targeted to his needs and targeted towards males when possible

• Consider whether it is appropriate to help your client secure services through charitable or public agencies outside the child welfare agency

• Ensure that the case plan allows for visitation to become unsupervised and increasingly frequent as appropriate

• Avoid service overload by asking your client regularly if he is attending services and if there are any problems

Relevant State Statutes and Protections

Add specific information about family group decision

making in this jurisdiction

Question

What are the potential benefits and risks for a father who

participates in FGDM?

Family Group Decision Making

• Allows fathers to feel empowered and illustrates that

they have a say in what happens to their child

• Helps decision-makers recognize the resources and

support he and his relatives bring, positioning him (or

them) as a stronger placement option

• Could reveal negative things about the father that

might not have come to the agency’s attention and

could diminish their willingness to support his

involvement in his child’s life

• Info shared may not be kept confidential

• Father’s voice may not be heard

Case Planning/Family Group Decision Making

Practice Tips

• Attorneys should make sure that fathers are prepared

for such meetings by:

o Explaining what will happen at the meeting and who he

may want to bring with him

o Telling the father (if appropriate) that any decisions

made may become part of the case plan or court order

o Encouraging the father to focus on his goals and what

resources and barriers will need to be addressed

Topic Summary

•Counsel must help the father understand the

importance of the case plan and the need for

him to participate in its development

•Attorneys should make sure that fathers are

prepared for decision-making and other case

planning meetings

Case Study

Continued

• Joseph called his attorney to say that he just received

notice that he must go to court to address an alleged

parole violation - which could lead to incarceration

Question

Would it be appropriate for Joseph’s attorney to become

involved in his alleged parole violation case as well?

Impact of Other Court Proceedings

on the Child Welfare Case

Practice Tips

• Make it clear (if accurate) that you represent him in the

dependency proceeding only and that proceeding is

completely separate from his other cases

• If you represent him in multiple matters, explain the

impact

• Consider becoming involved in the other proceeding if

it's related

Impact of Other Court Proceedings

on the Child Welfare Case

Practice Tips (continued)

• If not appropriate to be involved, help him find free or

low cost representation, and/or coordinate with his

other counsel as necessary

• Make sure he understands his 5th Amendment and state

law rights

• Explain the impact of the child welfare case on his child

support obligations

Relevant State Statutes and Protections

Add relevant state-specific information about how this jurisdiction handles court orders that conflict with the child welfare courts’ decision, particularly with

regard to criminal matters and child support

Topic Summary

• Attorneys should assess the potential impact of other

court proceedings on the child welfare case

• Attorneys may need to get involved in another

proceedings

• If counsel represents the father in multiple matters, she

must explain how those cases - and her representation

in them - do and don’t impact each other

Additional Resources

Cohen, Andrew, “Representing Nonresident Fathers in Dependency Cases.” 27 ABA Child Law Practice 145, Washington, D.C.: ABA Center on Children and the Law (Dec. 2008).

Kiselica, Mark, “Reaching Nonresident Fathers in the Child Welfare System: Understanding Male Help-Seeking Behaviors,” 27 ABA Child Law Practice 161, Washington, DC: ABA Center on Children and the Law (Jan. 2009).

Hatcher, Daniel L., “Legal Strategies to Address Child Support Obligations for Nonresident Fathers in the Child Welfare System,” 28 ABA Child Law Practice 65, Washington, DC: ABA Center on Children and the Law (July 2009).

National Quality Child Resource Center for Family-Centered Practice, “Father Involvement.” Best Practice/Next Practice: Family-Centered Child Welfare,” Summer 2002, available at <http://www.hunter.cuny.edu/socwork/nrcfcpp/downloads/newsletter/BPNPSummer02.pdf>.

More information is also available at: www.fatherhoodqic.org

http://www.fatherhoodqic.org/

Conclusion

Lesson Goals

• Examine the multiple roles attorneys must take on

when representing non-resident fathers

• Identify steps to building an effective attorney/client

relationship with a non-resident father client

• Understand situations that affect a father’s capacity

to be involved with his child(ren)

Conclusion

Lesson Goals (continued)

• Understand how to work with the client and agency to

develop a case plan and identify/implement services

• Realize the benefits of a father’s involvement in case

planning, services, and FGDM

• Recognize the impact of other court proceedings on

child welfare cases involving non-resident fathers

ADVOCATING FOR NON-RESIDENT FATHERS IN CHILD WELFARE...

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