AdvOCAcy : your child welfare update, 2018 May 9

Office of the
Child Advocate
For Georgia's Children

AdvOCAcy
Your child welfare update

May 9, 2018

Page 1

No Lawyer Jokes, Please!

Services, and in many instances the appointed SAAG will employ an associate to

Good Special Assistant Attorneys General

assist in their representation of the De-

critical to good outcomes for children

partment. Each DFCS SAAG is a subject

By Christopher Hempfling, CWLS SAAG, Rockdale County DFCS

matter expert in the area of dependency law. Many SAAGs have also earned the Child Welfare Law Specialist certification,

There are many participants in a plays a vital

which further heightens their level of ex-

dependency hearing. Parents are parties role in these

pertise in this field.

and they're represented by their attor- proceedings, neys. The child, also a party, is represent- but the imed by their attorney and guardian ad li- portance of SAAGs in all elements of their

In 2016, the Department of Family and Children Services introduced a new practice model called Solution Based

tem. In most jurisdictions, CASA will also have an advocate present. The Department will have a case manager present, who is represented by a Special Assistant

representation of the Department is often an overlooked element of successful family preservation and reunification.

Casework (SBC). This evidence-informed practice model, among several other objectives, is aimed at prioritizing family

SAAGs are private attorneys ap- partnerships, focusing on pragmatic solu-

Attorney General or better known as a SAAG. Lastly, add in the judge, foster parents, relatives, and friends and the courtroom can fill-up quickly. Each participant

pointed by the Attorney General to represent various State agencies. There are over 100 appointed SAAGs representing the Department of Family and Children

tions to everyday life problems, and helping families document and celebrate success. SAAGs can play an important role
See SAAGs, page 4

Focus on the Field . . . .

Clarke DFCS staff smooth transitions for children
By Matthew Lovinggood, Foster Care Unit Supervisor

DFCS in Clarke County serves close to 280 children

in foster care, regularly seeking custody of approximately 20

children monthly. As one effort to effectively manage the

sheer numbers of children entering foster care while ensur-

ing foster care cases are set up with the truest sense of ur-

gency, Clarke County utilizes a foster care intake unit. To put

it simply, this unit is tasked with expeditiously setting up the

case in the system, initiating services for every child and

family that comes into foster

care in Clarke County with

the mindset of "Why can't

this child go home today?". I

supervise that unit. About

two months ago, my County

Director gave me a copy of a

book, The Neglected Transi-

tion, and told me to read it.

She said that it focused on

the transition of children

Matthew and his family

leaving their homes and
See TRANSITIONS, page 5

OCA's monthly platform for the unedited voices of young people who have been in care....
Youth Voice
By Marsie-Rose Liot Cohen
When asked to describe my life, I tend to compare myself with that of the butterfly. Just like the young caterpillar roams and struggles and grows until ready for the metamorphosis, so have I. I used to say that I am a butterfly, but I am neither butterfly nor caterpillar. I am in metamorphosis and in this strange state of existence, I have learned much about myself... the good and the bad.
Rosie Lee Marsingill joined the world in November. Born in the fall, the mere larva was destined to reap the fruit of her trials after they were all done. Young, innocent and bright, this caterpillar would wonder on everything she came across. Always wanting to know more, do more, be MORE. She was ever ready to become the butterfly she was destined to be.
After already experiencing some rather scary insects and harsh weather, the young caterpillar sought
See VOICE, page 7

Office of the
Child Advocate
For Georgia's Children

AdvOCAcy
Your child welfare update

May 9, 2018

Page 2

Editorial: Children should be seen and heard.
By Rachel Davidson, OCA Deputy Director
Through our joint Peer Review Project with the Committee on Justice for Children, we at OCA have observed a lack of consistency throughout the state as it relates to the quality of representation for children in care. As one peer reviewer summed up: "Many child attorneys continue to view their role largely as responsive to the information presented by the SAAG and parent attorneys as opposed to a role in which the child's attorney actively gathers and presents to the court evidence and witness testimony in support of the child's position, participates in a thorough cross examination of witnesses, seeks to obtain rulings on the child's position and to expedite permanency for the child through a motions practice, and presents oral and closing arguments in support of the minor client's position."

Many steps can be taken to improve the quality of representation for children in foster care. Child attorneys should consider these recommendations made by the Peer Review Project: Ensure you are familiar with both law and policy, ed-
ucated on child development and appropriate milestones, and are tuned into cultural differences. Conduct your own investigation; don't rely solely on DFCS' investigation. The child, school, medical professionals, the placement, therapist, law enforcement, CASA, relatives, and others may all have relevant information to share. If the child identifies someone in particular they would like to live with or visit with and no one knows how to find that person, do your own research to see if you can help find them. Facebook/social media and the internet often result in valuable information. Without being redundant or adding unnecessary delay, ensure you advocate for your client's position on the record; address best interest factors; make oral
See EDITORIAL, page 3

Why are behavioral health services important for and telemedicine services, particularly

children in foster care?

in rural areas of Georgia. These budg-

et items, along with others, were rec-

DFCS often encounters chil- problem such as depression, social ommended by the Governor's Com-

dren who have experienced trauma phobia, or panic disorder.

mission on Children's Mental Health.

and toxic levels of stress. Additional trauma is typically incurred when a child is removed from the home due to abuse or neglect. Untreated trau-

It "May" be a coincidence that National Foster Care Month and National Mental Health Month are celebrated at the same time, but those

These funds will help Georgia make strides in ensuring that children in foster care, and throughout Georgia, have access to appropriate services.

ma and mental health disorders can working in either system can easily

lead to a number of negative out-

understand the crossover and the im-

comes, including drug use, prison, and portance of ensuring appropriate

suicide.

mental health resources are available

A 2005 study showed that -- especially for children in foster

former foster children are almost

care.

twice as likely to suffer from PTSD as US war veterans, with one in four alumni of the foster care system having experienced PTSD within the past 12 months and more than half experiencing at least one mental health

Prevention and early intervention efforts are important as well. Governor Deal recently signed the FY 2019 budget, which includes funds dedicated to suicide prevention; school-based mental health services;

Office of the
Child Advocate
For Georgia's Children

AdvOCAcy
Your child welfare update

May 9, 2018

Page 3

Editorial, continued...

ence; and clearly advocate for the child's point of view. Youth in care

opening and closing arguments;

child's position.

have necessarily suffered trauma.

present evidence. File your own Judges also play a key role in improv- They are often confused and frustrat-

motions as necessary.

ing the quality of representation for ed about the adults in their life not

Consistently meet with your client children. They can ensure adherence "clueing them in" to what is happen-

in and out of court; communicate to consistent pre-appointment and ing. And they are anxious about the

accurately regarding the legal pro- ongoing training requirements and uncertainty that goes along with that.

ceedings and the purpose of each minimum standards; offer to speak Justice for our youth demands the

hearing; solicit the child's wishes; with children; and ask attorneys when same, if not higher, quality of repre-

counsel your client; make a deter- they last spoke with their clients.

sentation as the parties in any other

mination about the child's pres- Consider the situation from the

class of court.

Changing Mindsets:
Have you heard any of the following?
"The child is placed too far away." "There's no value in meeting with my child-client." "The court doesn't expect me to meet with my child-clients." "The child is too young to come to court." "The child shouldn't miss school for court." "The content of the hearing isn't appropriate for the child to hear." Let's overcome these barriers:
Get creative with meeting logistics (i.e. via electronic means or carpool with others who also visit with the child).
You can learn a lot from a child-client, particularly when you treat them with respect and ask the right questions. Observing and interacting with infants can help you understand if developmental milestones are being met.
Consider this: If you would not want to go to court for an adult client without having met or spoken with them, why would you want to treat a child-client any differently?
No child is "too young" the court can gain a lot of information by observing the child as well as the interactions of the child and others present for the hearing.
Schedule court hearings in the afternoon; take into account significant events happening at school for the child in an effort to avoid those; minimize major disruptions but allow the child to meaningfully participate.
Many children are very aware of what is going on with their parents as they have lived through it and often know more than we might like to think.
Consider this: If you wouldn't normally waive an adult client's presence in court, why should that be a regular practice for child clients?

Resources for Improving Child Representation
ABA Child Representation Infographic
Online GAL Training
Child Welfare Law Specialist Certification (NACC)
National Council of Juvenile and Family Court Judges' Enhance Resource Guidelines

Office of the
Child Advocate
For Georgia's Children

AdvOCAcy
Your child welfare update

May 9, 2018

Page 4

SAAGs, continued. . . . .
in achieving the goals of SBC.
SAAGs often become acquainted with a family well before any request is made to place a child in the Department's temporary custody. I, like many SAAGs, have seen an increased involvement in family preservation staffings due to the implementation of SBC. Statute requires the Department make reasonable efforts in order to prevent the removal of children. Intentional involvement with a family prior to requesting a removal is an important element of trying to keep children in their homes unless an identified safety risk cannot be remedied. Although SAAGs are not social workers and those decisions are left to our client, often SAAGs have worked within a community for a number of years and have gathered contacts and built relationships that may assist with efforts to prevent the removal of a child. SAAG involvement through family preservation staffings and preremoval staffings can be helpful in assisting the Department with reducing the number of foster care entries and improving reasonable effort considerations. My county, Rockdale, regularly involves me in these staffings and this involvement has only helped the Department, me, and most importantly the family.
Unfortunately, in some cases a critical safety concern cannot be resolved and a request for placing the child in the Department's temporary custody must be made. Once a child has been placed in the Department's temporary custody, the SAAG's counsel remains vitally important because no child should spend one more day in foster care than necessary. During dependency hearings the continued focus on SBC objectives should remain at the forefront of all participant's considerations. A SAAG's role in the process often occurs through thorough staffings, frequent contact with their client, and open communication with other dependency stakeholders.
It is the expectation in my county that regular dependency case staffings occur prior to all upcoming hearings. During these meetings, the Department presents an update regarding the parents and child, focusing on efforts towards achieving the identified permanency plan. Often during these staffings, I will incorporate an important element of SBC when questioning the client on specific statutory case planning requirements and wheth-

er the case plan was developed with the full participating of key stakeholders. For SBC to be successful, among several other considerations, case managers must remember that reunification is a partnership that requires full participation of key stakeholders. Based on this philosophy, I continually ask that case plans are created within thirty days of removal and when the case plan is formulated it is done in collaboration with the parents and child.
Another key area of focus during my legal staffings is on the statutory requirement of completing a thorough and timely diligent search and ensuring the Department regularly updates this document. It is wellsettled that placing a child in a home of a relative greatly reduces the trauma associated with removing them from their parent's custody. Additionally, placement disruptions are significantly reduced when a child is in the home of a relative. Both of the aforementioned considerations are important in preserving a family in the reunification process.
A final element I include in my staffings is a conversation regarding big picture considerations. I've found that legal staffings are an excellent opportunity to have a discussion with the case manager and their supervisor regarding the overall direction of a case, whether the outcomes and tasks included within the case plan are accomplishing positive behavioral changes, and whether the underlying safety risk has been mitigated. These higher-level discussions that move beyond the nuts and bolts of a case plan are often beneficial in assisting case managers accomplish the philosophy of Solution Based Casework.
Final Jump, LAWYERS, page 5

Office of the
Child Advocate
For Georgia's Children

AdvOCAcy
Your child welfare update

May 9, 2018

Page 5

Transitions, continued.... experienced on what is presumably sit at the office and wait on some-
the worst day of their lives. The book thing to happen. When the CPS work-

into foster care and that I should read discusses these six questions that

er knows that the removal is going to

this book to evaluate how we are, or children entering the foster care sys- happen, they reach out to us and we

are not, doing things in my unit. I was tem are asking as they transition into are meeting them in the field. While

not expecting the wakeup call that the foster care system:

they are focusing on their investiga-

this book turned out to be.



Clarke County DFCS has al-

ways worked with the best intentions,

but seemed to operate with some ignorance to the perspective of the



child entering care. It was not an in-

tentional act, but (as the book states)

Why do I have to leave? What is foster care? Where are you taking me? Who are these people? How about me? When can I go home?

tion we are sitting there with the child. We are processing this change with them (why do I have to leave?), we are discussing the ins and outs of foster care because it is safe to assume that they have a warped sense of the system (What is foster care?)

we neglected this important transi-

In almost no part of the work and we are giving the child time to

tion. When a child came into care, the we were doing did anything to ad- pack up their belongings. Few things

CPS investigator would bring the child dress these children's needs and

are as sad as a child who is scared to

from their home and drop them off at questions. As hard as it is to admit, it death already and then dropped off

the office with their new foster care would almost seem like a burden

at an office, tears rolling down their

worker. That foster care worker

when the child(ren) were dropped face and everything that they have is

would try to whisper behind that

off. We had our day planned, we

in a grocery bag. We eliminate that

child's back in order to find place- knew what we were doing and we component now. We are meeting

ment so as to not remind the child of don't have time for this today. We did with them and making sure that they

the current situation. When the

a lot of thinking about ourselves but have time to get all of their favorite

placement was found, we were quick we didn't put the focus on the chil-

to send the child with a parent aide to dren and this difficult transition.

get transported to their foster home,

Since the time of reading this

making the parent aide the third or book there have been a lot of chang-

items. We try to give them every opportunity to make sure that they get what they need. There is a community partner that provides personalized

fourth stranger the child would have es made in my unit. Our goal is to not Final Jump LOVINGGOOD, page 6

Lawyers, continued

Judges, attorneys, CASAs, and other professionals work in the field of child welfare for a number of reasons. But a universal reason given by all stakeholders is the desire to help strengthen families while protecting Georgia's vulnerable children and adults. This reason is shared by DFCS professionals and SAAGs and closely aligns with the Department's mission.
Recently, I was sent a letter written by a wonderful young woman who is currently placed in the Department's temporary custody. Her letter helped remind me that we are all working towards the goal of improving the lives of those families we interact with, and she's given me permission to share a portion of it. This youth wrote that "The joy in the eyes of those who have watched me grow and develop, empowers me to know my story impacts the lives of others. It is those who have revealed a reflection of myself with their words, that have helped mold me into a strong young woman." I have served as the SAAG on this young woman's case since she entered foster care and I know she's made a difference in my life, and I hope through my tireless work with the Department I too have made a positive impact on her life, like so many other SAAGs have made on other children throughout the State.

Office of the Child Advocate
For Georgia's Children
May 9, 2018

AdvOCAcy
Your child welfare update
Page 6

their particular needs. While they are at the office we

are respecting their ideas and preferences by talking

with them, sometimes like they are adults, so that

they understand what decisions are being made and

why. But at the same time, we are playing tag and

racing around the office, etc. because at the end of

the day these children are kids who have been re-

moved from everything they know as normal. In-

stead of a transporter taking the children to their

new placement, we now make sure we are taking on

the responsibility (Where are you taking me?). Now

Governor Deal and child advocates celebrate the signing of this session's child welfare legislation!

the child is riding to the `strangers' house with the person who they have been with all day. There is more time to process, build report and answer ques-

Lovinggood, continued....

tions. Once at the home, we make sure that we engage the foster parents and the child and facilitate

items for the children as well. Hopefully, shortly after the conversations to address the questions that the

entering care, every child new to foster care receives child has (Who are these people?). We are making

a new duffle bag, pillow case, Bible and bear all em- sure that before we leave the home, the child is com-

broidered with their name on it. When we leave the fortable with their placement and hopefully this isn't

home, we are inviting the family to come to the

as scary as they may have feared (What about me?).

office as well and sit with their children. This goes a The unfortunate fact of this field of work is that the

long way in the partnership we are trying to establish transition is going to happen. Children are going to

in making it safe for the parent and child to reunify. be neglected and abused and there will always be

Even though DFCS "just blew in" and disrupted their children who need to be rescued by the foster care whole process, we are inviting and understanding of system. My goal is, that by focusing on this transi-

the family's situation and demonstrating to them that we do value their family bond. We also try to keep the children involved in the process of looking for a foster home. We aren't taking the first home to

tion, we are going to eliminate some of the stress and trauma that is caused by this unnatural event and we can redirect that time and energy to making sure we get these children in their forever home as

become available any longer, but rather making sure quickly as possible (When can I go home?).

that we are finding the best placement available for

Office of the
Child Advocate
For Georgia's Children

AdvOCAcy
Your child welfare update

May 9, 2018
Voice, continued. . . . .

Page 7

help from the caterpillar protection agency and was

placed in a home with other young struggling caterpillars,

but even there she didn't feel safe or at home. Back and

forth her home went, never stable in any place. Yet, she

still looked to books and art and really anything that could

capture her attention for solace from reality.

As she continued to grow and learn, she yearned

to be with a family again. Years passed and she waited. For

the paperwork to finish, for families to notice her, and to

feel that warm fuzzy feeling only familial love can bring.

Finally, the great bumble bee who stayed by her

side, asked Rosie if she would like to be a part of their

family. And so, she found her forever family after 15 years. She was loved. She was safe. But... Rosie had no idea that she still had yet to enter her cocoon.

Illustration by Marsie-Rose to represent a bright but uncertain future with a dark past and clear present.

With her new family, she took a new name. From

henceforth, Rosie is known as Marsie-Rose.

And then the worst happened. Right after Marsie

Marsie-Rose strived to do her best. She made

completed all her mother asked, the bee slipped away.

straight A's, worked hard on her art and was always cre- The caterpillar was distraught. What was she to do with-

ating something. However, she suffered from an illness. It out her bee? Who would make sure she did the right thing

would hit her hard in the head and make her body weak, and make sure she kept up with her health?

leaving her unable to do the things she loved. Doctor after

For awhile, the caterpillar was lost.

doctor was unable to help, nothing worked and Marsie

Then the metamorphosis began. She rid herself

grew weary as did her Momma Bee.

almost entirely of the wretched illness she had suffered

Momma Bee fell terribly ill only a year after mak- from almost daily since young childhood. She worked hard

ing Marsie officially a part of their family. Marsie loved her to pay the bills and volunteer when she could. Marsie re-

Bee and couldn't see the possibility of ever losing her since connected with a caterpillar advocacy agency to find her

she was her FOREVER mother. The little caterpillar could- place in the world. She knew she was meant to help the

n't help but blame herself... If only Mom hadn't worried so other young insects out there who faced the same trials

much about Marsie, her body wouldn't have grown weak. that she did.

Georgia Office of the Child Advocate for the Protection of Children Tom C. Rawlings, Director https://oca.georgia.gov 7 MLK Jr. Blvd, Ste 347 Atlanta, GA 30334
For general inquiries, assistance, or to file a complaint: Phone: (404) 656-4200 Internet: https://oca.georgia.gov/webform/request-oca-assistance-or-investigation To submit an article for the newsletter: rdavidson@oca.ga.gov