ABA National Conference on Access to Justice for Children and Families - April 5-6, 2022 - American Bar Association
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ACCESS TO JUSTICE FOR CHILDREN AND FAMILIES | Faculty Listing ABA National Conference on Access to Justice for Children and Families April 5–6, 2022 Ritz Carlton Tysons Corner VA #abaccl22 1
ACCESS TO JUSTICE FOR CHILDREN AND FAMILIES | Welcome WELCOME Dear Conference Attendees, In welcoming everyone back to the ABA Center on Children and the Law Conferences this year there is one message that I want to convey above all else — Thank You. • Thank you for all the work you do to promote access to justice for children, parents and families in the child welfare legal field. • Thank you for sticking with that work in especially challenging times over the last two years. • Thank you for all the extra loads you have each inevitably carried in support of those around you in both a personal and professional space. And thank you for being here with us as a part of this important and energizing community. After so much time apart, it feels more meaningful than ever to reunite in person this year and to treasure the time to connect, learn and grow together as a community. When we last convened for these events in April 2019, we could not have imagined what the future had in store in the form of loss, isolation, and stress. We also could not have imagined the levels of patience, caring and perseverance that we would all find within ourselves and each other. One of the clearest lessons from the pandemic has been about the importance of family as the core support that we all depend on — as children and adults — to find resilience. Over the next four days, we look forward to celebrating the work each of you does every day to support children, parents and families: as an attorney, a judge, a court improvement program director, a social worker, an agency leader, a peer advocate, a national policy advisor, and countless other roles. We also hold these events to generate new ideas and new understanding of child welfare legal practice. To accomplish that, we have an exciting set of agendas prepared, with amazing faculty, two special tracks focused on race equity in child welfare cases and the impact and implications of COVID for children and families, and inspiring plenary speakers all week. As you look through the agendas and identify your goals for the conferences, seek out opportunities to learn from people you have never met or to engage in workshops on topics where you don’t have expertise, but you do have curiosity. In keeping with the goal of building new ideas, please find time to reach out to me or other staff at the ABA Center on Children and the Law to share how we and the larger ABA can support your work in this complex legal field. Our mission is to improve access to justice for children and families and we do that by partnering with you. It is a privilege to work with and learn from each of you here at the conference, and we look forward to hearing your feedback on this week’s events. Sincerely, Prudence Beidler Carr Director, ABA Center on Children and the Law 2
ACCESS TO JUSTICE FOR CHILDREN AND FAMILIES | Faculty Listing CONFERENCE FACULTY Susan Abrams, JD Morgen Black-Smith, JD Amanda Cruce, LCSW Children’s Law Center of California Support Center for Child Advocates Florida Foster Adoptive Parent Los Angeles, CA Philadelphia, PA Association Tampa, FL Salih Alexander, JD Parris Boyd, MSW ABA Center on Children and the Law Support Center for Child Advocates Sheri Danz Washington, DC Philadelphia, PA Office of the Child’s Representative Denver, CO Heidi Altman, JD Grant Brazill, JD, National Immigrant Justice Center Morris, Laing, Evans, Brock & Bill Delisio Chicago, IL Kennedy, Chtd. Judicial Branch Wichita, KS Denver, CO Taila AyAy, JD The FIRST Clinic Erin E. Briggs, JD Alex Dutton, JD Everett, WA Mississippi Office of State Public Community Legal Services Defender Philadelphia, PA Carl E. Ayers, MSW Jackson, MS Casey Family Programs Jon Ebert, PsyD Richmond, VA Brandynicole Brooks-Harris, PhD, Vanderbilt University Center of LICSW, LCSW Excellence Jamie Bahm, MS DC Child and Family Services Nashville, TN Center on Children, Families, and the Agency Law; University of Nebraska Washington, DC 20003 Barbara Elias-Perciful, JD Lincoln, NE Texas Lawyers for Children Andrew Brown, JD Dallas, TX Adam Ballout, JD Texas Public Policy Foundation The FIRST Clinic Austin, TX Ciera Ellison, MLS Everett, WA Support Center for Child Advocates Elizabeth Buhr, MS Philadelphia, PA Jamar P. Barnes, LMSW Nebraska Dept. of Health and Human Foster youth alumnus Services Aubrey Edwards Luce, JD, MSW Baltimore, MD Lincoln, NE First Focus on Children Washington, DC Sneha Barve, JD Hon. Sheila Calloway ABA Center on Children and the Law Juvenile Court, Davidson County Elizabeth Eubanks, JD Washington, DC Nashville, TN Rios Eubanks, LLP Montebello, CA Prudence Beidler Carr, JD Sixto Cancel ABA Center on Children and the Law Think of Us Stephanie Franklin, JD Washington, DC Washington, DC The Franklin Law Group, P.C. Silver Spring, MD Ivory Bennett, MEd Tiffany Cebrun, JD Teach for America Foster Care Advocacy Center Sheri Freemont, JD Dallas, TX Houston, TX Casey Family Programs Denver, Colorado Megan Berger, JD Shantrell Charles, DSW Disability Rights Maryland Foster Care Advocacy Center Cristina Freitas, JD, MPH Baltimore, MD Houston, TX Freitas & Freitas LLP Lowell, MA Corey B. Best Lily Colby, JD Founder Mining for Gold WithLivedExperience.org Debbie Freitas, JD, MPH Palm Coast, FL Sacramento, CA Freitas & Freitas LLP Lowell, MA 3
ACCESS TO JUSTICE FOR CHILDREN AND FAMILIES | Faculty Listing Anne Fromknecht, MPH Hon. Peter Jones Adrian McLemore, MPA James Bell Associates Family Court, Sussex County National Strategic Consultant & Arlington, VA Georgetown, DE Program Officer Baltimore, MD Christina Garcia Chambers, JD Priti Kataria, JD Office of the Cook County Public Lawyers For Children Jarel Melendez Guardian New York, NY Lawyers For Children Chicago, IL New York, NY Kristin Kelly, JD Dorian Gervais ABA Center on Children and the Law Dean Justin Miller, PhD, MSW, CSW WithLivedExperience.org Washington, DC University of Kentucky McKeesport, PA Lexington, KY Heather Kestian, JD, MEd Devon Gilchrist, MSW ABA Center on Children and the Law Shannon Moody, MSW Minnesota Department of Human Washington, DC Kentucky Youth Advocates Services Lexington, KY Minneapolis, MN Christine Kiesel, JD Children’s Bureau Contractor, JBS Kacie Mulhern, JD Katherine Gladson, JD International, Inc. Rocky Mountain Children’s Law Rocky Mountain Children’s Law Utica, NY Center Center Denver, CO Denver, CO Eva Klain, JD ABA Center on Children and the Law Dr. Julius Mullen, Ed.D., LPCMH Allison Green, JD, CWLS Washington, DC Bryan A. Stevenson School of National Association of Counsel for Excellence Children Kaveh Landsverk, JD Seaford, DE New York, NY Children’s Law Center of California Los Angeles, CA TyAsia Nicholson Tara Grigg Green, JD, MPP Lawyers For Children Foster Care Advocacy Center Mimi Laver, JD New York, NY Houston, TX ABA Center on Children and the Law Washington, DC Emily Peeler, JD, MSW Sarah Hedden, JD ABA Center on Children and the Law Center for Elder Law and Justice Director Mike Leach Washington, DC Buffalo, New York South Carolina Department of Social Services Meredith Pindar, JD Erica Hickey Columbia, SC Office of the Attorney General Alliance for Children’s Rights Trenton, NJ Los Angeles, CA April Lee Community Legal Services Dr. Theodora Pinnock Eliza Hirst, JD Philadelphia, PA Meharry Medical College The Delaware Office of Defense Nashville, TN Services Erica LeMon, JD Wilmington, DE Maryland Legal Aid Ebony Porter Baltimore, MD Children’s Law Center of California Amy Honodel, JD Los Angeles, CA Legal Aid Center of Southern Gabrielle Markle, JD Nevada Center for Elder Law and Justice Emily Putnam-Hornstein, MSW, PhD Las Vegas, NV Buffalo, New York UNC School of Social Work Chapel Hill, NC Dr. Martin Irwin Teresa Marrero NYU Grossman School of Medicine Rise Magazine Vonya Quarles, JD New York, NY New York, NY Starting Over, Inc. Riverside, CA Mona Ivey-Soto, PhD Hon. Aurora Martinez-Jones Belmont University 126th District Court Hon. Edwina Richardson-Mendelson Nashville, TN Travis County, TX New York State Unified Court System New York, NY Nyasha Justice, JD Sharon McDaniel, PhD, EdD, MPA ABA Center on Children and the Law A Second Chance, Inc. Hon. Kathleen Quigley Washington, DC Pittsburgh, PA Pima County Superior Court Tucson, AZ 4
ACCESS TO JUSTICE FOR CHILDREN AND FAMILIES | Faculty Listing Cristal Ramirez, MS Wenona T. Singel, JD Tara Urs, JD National Association of Counsel for Michigan State University College King County Department of Public Children of Law Defense Chicago, IL East Lansing, MI Seattle, WA Diane Redleaf, JD Julie Sollinger, JD Jimmy Vaughn United Family Advocates/Family Office of the Cook County Public Texas Tech School of Law Defense Consulting Guardian Lubbock, TX Oak Park, IL Chicago, IL Halimah Washington Heidi Redlich Epstein, JD, MSW Marla Spindel, JD Community Coordinator, Rise ABA Center on Children and the Law DC KinCare Alliance Magazine Washington, DC Washington, DC New York, NY Jennifer Renne, JD Sheldon Spotted Elk, JD Shree Walker, Ed.D. ABA Center on Children and the Law Casey Family Programs Educator, Motivational Speaker, Washington, DC Denver, CO Author Los Angeles, CA Cristina Ritchie Cooper, JD Alison L. Stankus, JD, MSW ABA Center on Children and the Law Office of the Cook County Public Kimberly Waller, JD (Invited) Washington, DC Guardian U.S. Department of Health and Chicago, IL Human Services Brenda Robinson, JD Washington DC Children’s Law Center of California Phyllis Stricklan, JD Los Angeles, CA Children’s Law Center of California Dr. James Walsh Los Angeles, CA Swedish Hospital at Addiction Ulysses Rosales, JD Recovery Services Office of the Cook County Public Sarah Sullivan Seattle, WA Guardian Think of Us Chicago, IL Washington, DC Gina Wassemiller Parent Ally, The FIRST Clinic Judith Sandalow, JD, Alicia Summers, PhD Everett, WA Children’s Law Center Data Savvy Consulting Washington, DC Reno, NV Amelia Watson, JD Washington State Office of Public Nadia Seeratan, JD Tyler Sutherland, JD Defense ABA Center on Children and the Law Legal Aid Foundation of Los Angeles Olympia, WA Washington, DC Los Angeles, CA Neil Weiss, JD Rhonda Serrano, JD Luciana Svidler, JD The FIRST Clinic ABA Center on Children and the Law Children’s Law Center of California Everett, WA Washington, DC Los Angeles, CA Hon. Elise White, JD Beverly Schulterbrandt, JD Scott Trowbridge, JD Lancaster County Safe and Healthy ABA Center on Children and the Law Administration on Children, Youth Families Court Washington, DC and Families Lincoln, NE Washington, DC Stephanie Shirley, JD Sandra White Hawk Office of the Cook County Public Lindsey Turner, MA, LMHP First Nations Repatriation Institute Guardian Voices of Hope Lincoln St. Paul, MN Chicago, IL Lincoln, NE Imani Worthy Public Speaking Coordinator, Rise Magazine New York, NY 5
ACCESS TO JUSTICE FOR CHILDREN AND FAMILIES | Agenda AGENDA TUESDAY, APRIL 5 8:00 – 8:45 a.m. Registration and Breakfast Coffee and Grab and Go Breakfast and Registration 9:00 − 10:45 a.m. Welcome and Opening Plenary Salon I – III Welcome Prudence Beidler Carr, JD, Director, ABA Center on Children and the Law Introductory Remarks Kimberly Waller, JD, Associate Commissioner for the Family and Youth Services Bureau at the U.S. Department of Health and Human Services (Invited) Presentation of the Mark Hardin Award for Child Welfare Legal Scholarship and Systems Change Honorable Ernestine Gray, Retired, Orleans Parish, Louisiana Opening Plenary What Do Families Look Like at Their Best? A question that yields different answers depending on what chair you occupy in the courtroom / legal profession. This conversation seeks to examine the various perspectives of ‘KINSHIP’ in our legal profession, and how those perspectives impact youth & families. Ultimately, the goal of this conversation is to arrive at a ‘collective’ answer to the original question; OR will the answer lead to more questions? Join Adrian in this thought-provoking conversation to find out. Adrian McLemore, MPA, Policy Analyst, National Strategic Consultant & Program Officer, Child Welfare Expert 11:00 − 12:30 p.m. Workshop Session A 1 Keeping Families Together: Improving Outcomes for Relative Caregivers Salon I Understanding that racial disparity and disproportionality are prevalent in today’s Child Welfare System, this workshop will focus on the importance of relative placement and the need to address barriers that cause racial disparity in relative placements and negatively affect child welfare outcomes for children of color. We will discuss the benefits of relative placement to a child’s education, mental health and permanency, and the roadblocks that many relatives face in getting children placed in their care—especially those with a criminal history. We will hear from an individual with lived experience about the barriers they faced. Finally, we will explore legislation, policy and other strategies used by advocates represent- ing kinship caregivers to provide holistic services to families involved in child welfare cases to improve outcomes and ensure that more children of color are successfully placed with relative caregivers. Tyler Sutherland, JD, Legal Aid Foundation of Los Angeles Susan Abrams, JD, Children’s Law Center of California Luciana Svidler, JD, Children’s Law Center of California Vonya Quarles, JD, Starting Over, Inc. 6
ACCESS TO JUSTICE FOR CHILDREN AND FAMILIES | Agenda 2 Away From Home: Eliminating the Unnecessary Use of Institutions in Foster Care and Placing Foster Youth with Their SOUL Family Peachgrove In 2021, Think of Us published “Away from Home: Youth Experiences of Institutional Placements in Foster Care.” This groundbreaking report documented the experiences and mental models of foster youth who had recently been institutionalized in foster care, and made the bold case for eliminating the unnecessary use of institutions in care. In this presentation, learn what young people are saying about institutions, and how we can and must replace them by connecting foster youth with their SOUL family. Attorneys and other professionals will learn strategies for focusing on both legal and relational permanency for all youth in care. Sixto Cancel, CEO, Think of Us Sarah Sullivan, Senior Director, Think of Us Kristin Kelly, JD, ABA Center on Children and the Law 3 FIRST Legal Clinic: A Medical Legal Partnership Salon III Keeping families together and preventing the need for a petition being filed is the primary goal of the Family Intervention Response to Stop Trauma (FIRST) Clinic. Presenters will introduce participants to this medical-legal partnership that provides legal representation to new and soon-to-be parents subject to CPS involvement and share initial evaluation data. They will also offer practical tips for legal clinics forming successful partnerships with medical providers. Taila AyAy, JD, The FIRST Clinic Adam Ballout, JD, The FIRST Clinic Gina Wassemiller, Parent Ally, The FIRST Clinic Neil Weiss, JD, The FIRST Clinic Dr. James Walsh, Swedish Hospital at Addiction Recovery Services 4 Measuring Hearing Quality: Tools for Attorneys and Courts Plaza This session will explore how attorneys fit into and can use the recently released Conceptu- al Model of Judicial Decision-Making and Hearing Quality, including the importance of legal representation and in-court advocacy. Participants will also learn why the Compendium of Measures and Data Sources is important to attorneys by exploring how the Compendium can be used to identify measures and data sources relevant to their practice. Anne Fromknecht, MPH, James Bell Associates Alicia Summers, PhD, Data Savvy Consulting Eva Klain, JD, ABA Center on Children and the Law 5 COVID and Race Equity Tracks: Plenary Session How Do We Begin to Tackle the Real and Difficult Problems Confronting Child Welfare with an Open Mind? Salon II A guided discussion between child welfare stakeholders addressing a variety of topics from confronting racism to Covid vaccinations for children in foster care. The discussion will explore, acknowledge, and engage differing perspectives to create collaborative goals and understanding. Carl E. Ayers, MSW, Casey Family Programs, formerly Virginia Dept. of Social Services Stephanie Franklin, JD, The Franklin Law Group, P.C. Hon. Aurora Martinez-Jones, Presiding Judge, 126th District Court, Travis County, TX Cristal Ramirez, MS, National Association of Counsel for Children Sheldon Spotted Elk, JD, Casey Family Programs Prudence Beidler Carr, JD, ABA Center on Children and the Law 7
ACCESS TO JUSTICE FOR CHILDREN AND FAMILIES | Agenda 12:30 – 2:00 p.m. Lunch on your own 2:00 − 3:30 p.m. Workshop Session B 1 Engaging Those with Lived Experience as Partners and Collaborators Peachgrove Using examples from recent experiences in action, this session led by lived experience experts will guide participants on what effective Lived Experience Integration looks like. Presenters will highlight good, bad, and misguided efforts as well as lessons learned from those experiences. This workshop will highlight ABA Resolution 115 and the Children’s Rights issue of the ABA Human Rights Magazine. The session will conclude with recom- mendations for how lawyers and advocates can partner to move up the “ladder of partici- pation” and practice meaningful engagement. Lily Colby, JD, WithLivedExperience.org Dorian Gervais, WithLivedExperience.org Erica Hickey, Alliance for Children’s Rights Sixto Cancel, Think of Us 2 Who Decides the Best Interest of a Tribal Child and What Should be Considered? Salon I Legal parameters and one’s personal life experiences influence the range of possible best interest factors and recommendations. This session will help attendees consider world- views and values of other cultural groups by highlighting implementation of ICWA as the Gold Standard. ICWA implementation has provided some key lessons as to being inclusive and open in determining a child’s best interest, and presenters will help attendees critically evaluate and strengthen their practice as it relates to all children and families. Sheri Freemont, JD, Casey Family Programs Sheldon Spotted Elk, JD, Casey Family Programs 3 Improving Educational Outcomes for Foster Children with Disabilities: What Dependency Attorneys Need to Know About Special Education Plaza Federal special education law guarantees children with disabilities a free appropriate public education in the least restrictive environment with individually designed special education instruction, related services and supports. However, this right is illusory for many foster youth with disabilities-identified or unidentified-that impact their ability to make education- al progress. In this session, participants will be guided through an examination of “hot but- ton” special education issues impacting children with disabilities, including disproportionate discipline, procedural protections, and compensatory services, especially in the wake of the COVID-19 pandemic. Presenters will also provide hypotheticals and examples of best prac- tices with a particular focus on how dependency attorneys can support these students. Megan Berger, JD, Disability Rights Maryland Elizabeth Eubanks, JD, Rios Eubanks, LLP Sneha Barve, JD, ABA Center on Children and the Law 8
ACCESS TO JUSTICE FOR CHILDREN AND FAMILIES | Agenda 4 DISCUSSION GROUP: The Motivating Factors of Attorneys Who Represent Parents and Children in Dependency, Neglect, and Abuse Cases Attaché Research related to the recruitment and retention of attorneys who serve parents and chil- dren is limited. Using their recent study on the topic, moderators of this discussion group will facilitate a group concept mapping process to discern what motivates attorneys who provide high quality representation to children and parents in Dependency, Neglect, and Abuse proceedings and to explore implications for recruiting and retaining attorneys. Dean Justin Miller, PhD, MSW, CSW, University of Kentucky Shannon Moody, MSW, Kentucky Youth Advocates Judith Sandalow, JD, Children’s Law Center of Washington DC Eva Klain, JD, ABA Center on Children and the Law 5 COVID and Race Equity Tracks: Joint Session Let’s Get Grounded: Recognizing Triggers and Self-Care While Doing This Work Salon II Self-care is a part of daily living. It is the care taken by individuals towards their own health and well-being, and includes the care extended to their family, friends, colleagues, clients, and others in local communities. As the field moves forward in addressing racial equity and the impact of Covid self-care is especially critical because emotional triggers will occur. This session provides a grounding for both tracks by exploring how to recognize emotion- al triggers; how to understand their impact on ways we relate to one another; and how to prioritize self-care as a means of sticking with challenging work. Jon Ebert, PsyD, Vanderbilt University Center of Excellence Mona Ivey-Soto, PhD, Belmont University Alison L. Stankus, JD, MSW Office of the Cook County Public Guardian Beverly Schulterbrandt, JD, ABA Center on Children and the Law 3:30 – 3:45 p.m. Break 3:45 − 5:15 p.m. Workshop Session C 1 Applying Procedural Justice to Elevate Client Voices and Narratives Peachgrove Procedural justice examines the interactions between legal actors and the public by mea- suring the presence of certain elements (transparency, neutrality, voice/participation, and dignity/respect). However, the fundamental power imbalance within the child welfare sys- tem produces a dominant narrative contrary to these norms. This narrative is rooted in his- torical and systemic racism, bias, and insensitivity to the cultural identities, languages, and narratives of traditionally oppressed, poor, and minority families. Applying a procedural justice framework—particularly around voice/participation—to this interaction, participants will learn practical strategies and tools for developing and delivering powerful client-cen- tered narratives in order to improve experiences and outcomes for families. Cristina Freitas, JD, MPH, Freitas & Freitas LLP Debbie Freitas, JD, MPH, Freitas & Freitas LLP Salih Alexander, JD, ABA Center on Children and the Law 9
ACCESS TO JUSTICE FOR CHILDREN AND FAMILIES | Agenda 2 Working with Immigrant Families Involved in the Child Welfare System Salon III This session will offer guidance on protecting the due process rights of parents and chil- dren with unauthorized immigration status, with a focus on dependency cases involving a parent who is detained, deported, or living outside the United States. Presenters will high- light a tool kit designed to provide child welfare practitioners in Arizona information on how best to address cases involving transnational families. They also will identify options for parents in Immigration and Customs Enforcement (ICE) custody, agency approaches to working with family across borders, relevant judicial considerations, and other avenues to effectively engage immigrant or transnational families. Heidi Altman, JD, National Immigrant Justice Center Meredith Pindar, JD, New Jersey Office of the Attorney General Hon. Kathleen Quigley, Pima County Superior Court Cristina Ritchie Cooper, JD, ABA Center on Children and the Law 3 System Improvement through Legal and Judicial Involvement in Federal Reviews Plaza The federal Child and Family Services Reviews are designed to examine the child welfare system experiences of children and families. Involvement of attorneys and judges will serve to help identify performance strengths and address the most critical legal and judicial barriers to positive outcomes. Presenters will provide a high-level overview of this review’s process and tools, underscore the importance of participation by individual attorneys and judges, and explore how to get involved and engage other members of the legal and judi- cial communities to affect positive system change to benefit children and families through this review. Christine Kiesel, JD, Children’s Bureau Contractor, JBS International, Inc. Scott Trowbridge, JD, Administration on Children, Youth and Families Heather Kestian, JD, MEd, ABA Center on Children and the Law 4 COVID Track: Taking the Good from the Bad Salon I As child welfare practitioners it is important to maintain the bridges that were constructed during Covid. Despite the hardship and devastation caused by Covid, the child welfare sys- tem showed remarkable resiliency and adaptability. This session examines how to sustain areas of progress including in legal processes, kin placements, and financial support for youth. Amy Honodel, JD, Legal Aid Center of Southern Nevada Director Mike Leach, South Carolina Department of Social Services Amelia Watson, JD, Washington State Office of Public Defense 5 Race Equity Track: What Are We Talking About? A Historical Understanding of Child Welfare and Race Salon II What led me to believe this is so? This session explores the categories of how people act and react to race within and outside the child welfare system. Presenters will guide a diverse audience of legal professionals on how to examine the history underlying intersections be- tween child welfare, gender, and race to reflect on the implications of that history. Partici- pants will come away with a better understanding of their own roles and responsibilities for addressing these topics directly and challenging assumptions in the present and future. Sharon McDaniel, PhD, EdD, MPA, A Second Chance, Inc. Phyllis Stricklan, JD, Children’s Law Center of California 5:30 – 6:30 p.m. Conference Reception 10
ACCESS TO JUSTICE FOR CHILDREN AND FAMILIES | Agenda WEDNESDAY, APRIL 6 8:45 − 10:15 a.m. Workshop Session D 1 Creating a Trauma Informed and Inclusive Courtroom Salon III Trauma and discrimination are pervasive in the child welfare and juvenile justice systems. Judges and lawyers often play a pivotal role in either exacerbating or abating a child or family’s trauma, often with little awareness of the repercussions that certain words or actions have. This workshop will address the impact of trauma on brains and behavior, explore how the pandemic and racial discrimination have created additional layers of stress and barriers for many families, and provide specific tools to create a trauma-responsive and equitable courtroom. Eliza Hirst, JD, The Delaware Office of Defense Services Hon. Peter Jones, Family Court, Sussex County, Delaware Dr. Julius Mullen, Ed.D., LPCMH, Bryan A. Stevenson School of Excellence 2 Successful School Reintegration Following Time in a Congregate Care Facility: Disrupting the School-to-Prison Pipeline Peachgrove In this session, a multi-disciplinary team will present their research on obstacles faced by students upon reentry into public schools from congregate care settings. Participants will be led through an interactive session that encourages them to identify barriers in the rein- tegration process and learn from promising practices that may mitigate educational harm to students placed in congregate care. Morgen Black-Smith, JD, Support Center for Child Advocates Parris Boyd, MSW, Support Center for Child Advocates Ciera Ellison, MLS, Support Center for Child Advocates Emily Peeler, JD, MSW, ABA Center on Children and the Law 3 Alliances that Win: Strategic Advocacy by Children’s and Parents’ Attorneys Plaza Dependency courts are an adversarial system. Yet, parents and children’s attorneys can and should strategically come together to reach shared goals. This session will focus on the elements of high-quality legal representation, review updated best practices from the Family Justice Initiative and NACC and highlight success stories from the field. Allison Green, JD, CWLS, National Association of Counsel for Children Mimi Laver, JD, ABA Center on Children and the Law 4 COVID Track: Things We Lost During the Pandemic (Part One)— Safety & Permanency Salon I Safety, permanency, and well-being deficits from a child’s perspective were all compro- mised in different ways. This is a multi-discipline presentation paring professionals from various fields including education, pediatric care, mental health, with practicing child welfare attorneys to develop strategies for addressing these deficits in current and future cases. April Lee, Parent Advocate, Community Legal Services of Philadelphia Erica LeMon, JD, Maryland Legal Aid Brenda Robinson, JD, Children’s Law Center of California Heather Kestian, JD, MEd, ABA Center on Children and the Law 11
ACCESS TO JUSTICE FOR CHILDREN AND FAMILIES | Agenda 5 Race Equity Track: Getting Past “I Can’t Do This! Expecting Me to End Racism in the Child Welfare System is Ludicrous” Salon II The notion of tackling racism can seem insurmountable. This session explores how indi- viduals can effect change through their own actions guided by introspection, listening to others, and a desire to make a positive difference. Corey B. Best, Founder, Mining for Gold Brandynicole Brooks-Harris, PhD, LICSW, LCSW, DC Child and Family Services Agency Hon. Edwina Richardson-Mendelson, Deputy Chief Administrative Judge for Justice Initiatives, New York State Unified Court System Tara Urs, JD, King County Department of Public Defense Nadia Seeratan, JD, ABA Center on Children and the Law 10:15 – 10:30 a.m. Break 10:30 − 12:00 p.m. Workshop Session E 1 Ethical Issues in Child Welfare Cases ETHICS CREDIT Salon III This session will explore the challenging ethical issues that play out in unique ways for attorneys representing children, parents, and child welfare agencies. We will cover topics such as confidentiality, representing clients with diminished capacity, interactions with rep- resented and unrepresented parties, conflicts of interest, and who makes decisions when your client is a government agency. Through a series of hypothetical case scenarios, we will examine how the Model Rules of Professional Conduct apply, as we engage in active debate on handling the difficult issues that arise day-to-day. The session will help attorneys develop an increased awareness of how ethical issues can shape representation, resulting in better decision-making and advocacy in the face of ethical dilemmas. Jennifer Renne, JD, ABA Center on Children and the Law 2 Promising Practices and Effective Representation of Kin Peachgrove Kinship caregivers are in a special position to help reduce the trauma experienced by chil- dren who are removed from their parents. States have begun to value placement with kin and explore better ways to support these families. Attorneys representing kin caregivers need a unique skill set to help guide kin through the system. Without an attorney, kin are unlikely to know their rights and obligations, options for permanency or eligibility for assis- tance and services. We will share promising strategies implemented by states to improve the use of kin to support families, explore the attorney’s role in mitigating factors prevent- ing placement or the licensing of kin, and discuss the kinship attorney’s role at different stages of the court proceedings. Resource materials and tools will be provided to help attorneys improve kinship practices in their jurisdiction. Sarah Hedden, JD, Center for Elder Law and Justice Gabrielle Markle, JD, Center for Elder Law and Justice Emily Peeler, JD, MSW, ABA Center on Children and the Law Heidi Redlich Epstein, JD, MSW, ABA Center on Children and the Law 12
ACCESS TO JUSTICE FOR CHILDREN AND FAMILIES | Agenda 3 Creating a Holistic Court Response to Domestic Violence Cases by Cultivating Professional Relationships Plaza Reconciling divergent roles and goals can be difficult for professionals in child welfare do- mestic violence cases, particularly when perspectives are informed by past work and per- sonal experiences. This workshop will highlight the journey one jurisdiction took to improve their local juvenile court response to families experiencing domestic violence. Presenters will share their experience of using a needs assessment to address historical relationship challenges and systems-induced barriers and to create a specialized juvenile court track for families experiencing domestic violence. Jamie Bahm, MS, Center on Children, Families, and the Law; University of Nebraska Hon. Elise White, JD, Lancaster County Safe and Healthy Families Court Elizabeth Buhr, MS, Nebraska Department of Health and Human Services Lindsey Turner, MA, LMHP, Voices of Hope Lincoln 4 DISCUSSION GROUP: Integrating Youth Lived Experience in Direct Practice & Advocacy Attaché This discussion group will share model practices adopted by Lawyers For Children (LFC) in New York City, on how to integrate and embed the lived experiences and expertise of youth in foster care to achieve effective representation of children and systemic advocacy. They will highlight the development of LFC’s Adolescents Confronting Transition Project, which focuses on supporting youth transitioning out of foster care, through the use of full- time staff with lived experience, including former clients. Priti Kataria, JD, Lawyers For Children Jarel Melendez, Youth Advocate Coordinator, Adolescents Confronting Transition Project, Lawyers For Children TyAsia Nicholson, Youth Ambassador, Lawyers For Children 5 COVID and Race Equity Tracks: Joint Session “Without Data You Are Just Another Person with An Opinion” (Albert Einstein) Salon II Do you go to your happy place at the mere mention of the word data? Do you struggle with incorporating numbers into your legal advocacy? Do you find yourself thinking data isn’t helpful? This session will explore these questions. Anyone can be overwhelmed by data. This session discusses how legal practitioners can define data; utilize localized data sources; consider a qualitative approach to data; and effectively utilize data in legal advo- cacy to advance child, parent, and agency client interests. Sheri Danz, Office of the Child’s Representative, Colorado Emily Putnam-Hornstein, MSW, PhD, UNC School of Social Work Hon. Aurora Martinez-Jones, Presiding Judge, 126th District Court, Travis County, TX 12:00 – 12:30 p.m. Conference Luncheon Salon I – III 13
ACCESS TO JUSTICE FOR CHILDREN AND FAMILIES | Agenda 12:30 − 1:30 p.m. Lunch Plenary — Sandra White Hawk and Wenona Singel Salon I – III Introduction Sheri Freemont, Senior Director, Casey Family Programs Truth, Healing and Reconciliation Community Forums Sandra White Hawk is a Sicangu Lakota adoptee from the Rosebud Reservation, South Dakota. She is the founder and Director of First Nations Repatriation Institute (FNRI), the first organization of its kind whose goal it is to create a resource for First Nations people impacted by foster care or adoption to return home, reconnect, and reclaim their identity. The Institute also serves as a resource to enhance the knowledge and skills of practitioners who serve First Nations people. She will be speaking about Truth Healing Reconciliation Community Forums that bring together adoptees/fostered individuals and their families and professionals with the goal to identify post adoption issues and to identify strategies that will prevent removal of First Nations children. She has also initiated an ongoing sup- port group for adoptees and birth relatives in the Twin Cities Area. From Indian Child Welfare to Indian Child Warfare: The Potential Implications of Haaland v. Brackeen Wenona T. Singel, JD is the Associate Director of the Indigenous Law & Policy Center and Associate Professor of Law at the Michigan State University College of Law. She will provide an overview of the petitions challenging the Indian Child Welfare Act in the Brack- een case, which recently received a grant of certiorari by the Supreme Court of the United States. The presentation will also address the potential ramifications for American Indians if the Act is ruled unconstitutional and the importance of upholding ICWA to ensure children maintain connections to their families, culture and community when they become involved in the child welfare system. 1:45 − 3:15 p.m. Workshop Session F 1 Looking Beyond What We Currently Have: Parents’ Vision for Family Justice and Well-Being Plaza Parents impacted by family policing will share their visions for families and for addressing the disparities in the child welfare system. Presenters will highlight two programs: their peer and community care model, designed to interrupt cycles of family crisis and system involvement, and their community education and mobilization program. This session will also explore ways that allies can support a parent-centered movement for family justice. Teresa Marrero, Parent Advocate Training Coordinator, Rise Magazine Halimah Washington, Community Coordinator, Rise Magazine Imani Worthy, Public Speaking Coordinator, Rise Magazine Beverly Schulterbrandt, JD, ABA Center on Children and the Law 2 Trauma-Informed Advocacy to Prevent Misdiagnosis and Inappropriate Use of Psychiatric Medication and to Promote Healing Salon III This presentation will equip attorneys with tools to advocate for what their child clients need to stop misdiagnosis and inappropriate use of psychiatric medication. The presen- tation will cover “red flags” that can help attorneys recognize situations when the child’s treatment with psychiatric medications may be problematic, offer lessons from lived expe- rience, explore legal remedies and strategies to address concerns, and suggest ideas for innovative reform. Barbara Elias-Perciful, JD, Texas Lawyers for Children Dr. Martin Irwin, NYU Grossman School of Medicine Jimmy Vaughn, Former Foster Youth, 3L at Texas Tech School of Law 14
ACCESS TO JUSTICE FOR CHILDREN AND FAMILIES | Agenda 3 Ensuring Equity and Access to Justice for Youth in Care through Multi-Tiered, Subject-Matter Advocacy Peachgrove Youth in care (YIC) experience many inequities and ensuring access to justice for them re- quires multi-tiered advocacy and expertise in areas intersecting with child welfare. Cultivating expertise in a variety of ancillary, interconnected fields can support equitable outcomes and systemic change for YIC. Presenters will share strategies for fostering subject matter experts in relevant fields, insight on developing relationships with experts, and case experiences which challenge the inequities confronted by YIC of color, LGBTQ+ youth, and undocumented YIC. Christina Garcia Chambers, JD, Office of the Cook County Public Guardian Ulysses Rosales, JD, Office of the Cook County Public Guardian Stephanie Shirley, JD, Office of the Cook County Public Guardian Julie Sollinger, JD, Office of the Cook County Public Guardian 4 COVID Track: Things We Lost during the Pandemic (Part Two)— Well-Being Salon I Safety, permanency, and well-being deficits from a child’s perspective were all compro- mised in different ways. This is a multi-discipline presentation paring professionals from various fields, including education, pediatric care, mental health, with practicing child welfare attorneys to develop strategies for addressing these deficits in current and future cases. This is a two-part presentation. Dr. Theodora Pinnock, Meharry Medical College Cristal Ramirez, MS, National Association of Counsel for Children Sneha Barve, JD, ABA Center on Children and the Law 5 Race Equity Track: Tell Me It’s Racism without Saying Racism Salon II How to effectively advocate against racism in judicial decisions and agency practices without being dismissed as a radical, being held in contempt, or placing a bullseye on your client’s back. Erin E. Briggs, JD, Mississippi Office of State Public Defender Alex Dutton, JD, Community Legal Services Philadelphia Aubrey Edwards Luce, JD, MSW, First Focus on Children Devon Gilchrist, MSW, MN Department of Human Services 3:15 – 3:30 p.m. Break 3:30 − 5:00 p.m. Workshop Session G 1 How America’s Hidden Foster Care System Hurts Children and Families Peachgrove This workshop will explore how the practice of hidden foster care, with the related practice known as kinship diversion, sets up primarily low-income families and families of color to fail by denying them legal rights and resources. Presenters will discuss the various ways that hidden foster fails to provide due process protections when a child is removed from their home; leaves families and without adequate supports or services; and forces kinship caregivers to care for children for whom they have no legal rights. Presenters will discuss their own advocacy efforts for parents, children and kinship families affected by hidden foster care, such as bringing impact litigation challenging the practice of hidden foster care and working to change local and federal laws and policies that perpetuate hidden foster care. Andrew Brown, JD, Texas Public Policy Foundation Diane Redleaf, JD, United Family Advocates/Family Defense Consulting Marla Spindel, JD, DC KinCare Alliance 15
ACCESS TO JUSTICE FOR CHILDREN AND FAMILIES | Agenda 2 Breaking the Cycle: Multidisciplinary Approaches to Reducing System Involvement Salon III By providing legal and multidisciplinary support, attorneys can help families avoid or reduce system involvement. The Children’s Law Center of California will discuss lessons learned from their pre-filing parent representation program which seeks to support young and expectant parents in foster care. The Rocky Mountain Children’s Law Center will share their multi-disciplinary team approach to resourcing civil legal services, which includes a process of triaging legal and non-legal needs with families and presenting to a collabora- tive team for more intensive issue-spotting and problem-solving sessions. Kaveh Landsverk, JD, Children’s Law Center of California Ebony Porter, Parent Support Coordinator, Children’s Law Center of California Katherine Gladson, JD, Rocky Mountain Children’s Law Center Kacie Mulhern, JD, Rocky Mountain Children’s Law Center 3 Creating and Sustaining a Multidisciplinary Law Office Plaza This session will discuss the nuts and bolts of building a brand-new multidisciplinary child welfare law office. Using their experience with the Foster Care Advocacy Center, present- ers will share the necessary elements to successfully developing, launching, and sustaining a new legal organization. Included will be guidance on topics such as developing funding streams, hiring staff, and building a foundation of race equity and power sharing from the organization’s inception. Tiffany Cebrun, JD, Foster Care Advocacy Center Shantrell Charles, DSW, Foster Care Advocacy Center Tara Grigg Green, JD, MPP, Foster Care Advocacy Center 4 COVID Track: Court Transformation or More of the Same? What Covid Means for the Future of Remote Hearings, Party Participation, Due Process, Case Delays, Stipulations, and ASFA Timelines Salon I This session discusses how judges, court administrators, attorneys and lawmakers can incorporate the Covid necessitated transformations into best practices for the child welfare legal system of tomorrow. This session will also address the risks that lessons learned from the last two years may be ignored as we slip back into old habits. Ivory Bennett, M.Ed., Teach for America Grant Brazill, JD, Morris, Laing, Evans, Brock & Kennedy, Chtd. Hon. Sheila Calloway, Juvenile Court, Davidson County Tennessee Bill Delisio, Judicial Branch, Colorado Rhonda Serrano, JD, ABA Center on Children and the Law 5 Race Equity Track: You Are Not Alone – How to Do Race Equity Work by Building Collaborations Salon II This track will examine the case of Ma’Khia Bryant as a way of walking through different layers of system impact for Black children and youth to identify areas where we are all responsible for building better collaborations, understanding and commitments to the chil- dren, parents, and families we serve. Jamar P. Barnes, LMSW, Foster youth alumnus Corey B. Best, Founder, Mining for Gold Amanda Cruce, LCSW, Florida Foster Adoptive Parent Association (FAPA) Stephanie Franklin, JD, The Franklin Law Group, P.C. Director Mike Leach, South Carolina Department of Social Services Dr. Theodora Pinnock, Meharry Medical College Shree Walker, Ed.D., Educator, Motivational Speaker, Author Nyasha Justice, JD, ABA Center on Children and the Law 16
ACCESS TO JUSTICE FOR CHILDREN AND FAMILIES | About the Center ABOUT THE CENTER The ABA Center on Children and the Law promotes access to justice for children, parents, and families. Our team of attorneys and core staff work on a diverse portfolio of national, regional and local projects in the children’s law field throughout the country. Center projects are unified by two complementary goals: improving legal representation and improving the legal systems that affect children and families. Keep Up With The Center Visit us online: www.americanbar.org/child Follow Us On Social Media www.facebook.com/abaccl www.linkedin.com/abaccl Social icon Circle Only use blue and/or white. For more details check out our Brand Guidelines. www.twitter.com/abaccl www.instagram.com/abaccl Join the Center’s Mailing List Join our mailing list to receive updates from the Center, including Child Law Practice Today articles that enhance legal practitioners’ knowledge and skills and improve advocacy for children and families. Join by sending an email request to: ctrchildlaw@americanbar.org 17
ACCESS TO JUSTICE FOR CHILDREN AND FAMILIES | Sponsors SPONSORS The ABA Center on Children and the Law is thankful for our generous conference supporters. PLATINUM SILVER BRONZE The ABA Center on Children and the Law is also extremely thankful for the many financial supporters and partner organizations who make our ongoing work in the children’s law field possible throughout the year. 18
ACCESS TO JUSTICE FOR CHILDREN AND FAMILIES | Ground Rules GROUND RULES FOR RESPECTFUL DISCUSSION • LISTEN — ACTIVELY AND HUMBLY While others are speaking, be present and attentive. Avoid mentally imposing your own biases, thoughts, or opinions onto what someone else is sharing. If you paraphrase what someone else said, verify with them afterwards that you have correctly interpreted their words: “Did I get that right?” • SHARE THE AIR (STEP UP/STEP BACK) Be mindful of how much you and those around you are speaking. If you find yourself dominating the conversation, please step back; if you have not spoken much, feel encouraged to step up. • LEAN INTO DISCOMFORT Learning only happens when you leave your comfort zone. Try to translate discomfort into constructive questions. • BE AWARE OF PRIVILEGE AND POWER Think about how your identity and status affect how you speak and listen to others. • USE “I” STATEMENTS Speak from your own experiences and avoid generalizing; respect that others’ experiences and expertise will differ from your own. • IT’S OK TO DISAGREE Critique ideas, not individuals. Focus criticism on ideas, refrain from personal attacks or comments on individuals. • INTENT ≠ IMPACT Recognize that unintended harm is still harm. • COMMIT TO LEARNING, NOT DEBATING Comment to share information, not to persuade. • THE “BOTH/AND” RULE Think “both/and” rather than “either/or.” Acknowledge that binaries are incomplete; leave room for complexity and avoid oversimplification. • CALL PEOPLE INTO THE CONVERSATION rather than calling them out of the conversation. Don’t shame and blame, or attack (self or others). Be patient with, rather than critical of, individuals’ unfamiliarity with issues. • DO NOT LET ROLES LIMIT VALUE. RESPECT ALL VOICES. 19
CONFERENCE MATERIALS AND EVALUATION For session materials and faculty biographies visit: http:/ambar.org/atj22-materials Please use the QR code below to complete our online evaluation. Your feedback will help us in planning our next conference and meet MCLE requirements. Your input is valuable. Hotel WiFi: Network Name: Ritz-Carlton_CONFERENCE WIFI Access Code: ABA2022
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