Family Defense Lawyers as Relationship Builders

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Recently I sat on a panel at a statewide conference on legal representation at which a judge made the following remark: “We need high quality parent representation in child welfare cases. What we don’t need are lawyers who act like public defenders.” Many in the audience nodded in agreement.

This wasn’t the first time I’ve heard a judge make this type of remark, and honestly, I’m a little annoyed each time I do. Some of the very best lawyers I know are public defenders, and I know that the child welfare system would be a better place for families if they practiced in it.

Think about a system in which lawyers cited laws and statutes, aggressively enforced removal standards, challenged reasonable efforts findings, and thoroughly cross-examined witnesses and introduced new evidence. Such zealous advocacy would undoubtedly improve decision-making in our system.

But perhaps buried within the judge’s remark lies an important nugget that sets family defense lawyering apart from public defense work – the need to build relationships between parents and other players in the system. Child welfare cases are inherently different than criminal cases – and most other legal disputes, for that matter. Most legal matters center on adjudicating historical fact, that is whether or not something happened in the past. Once that is settled, judges determine what sentence or fine should be imposed. Then they close the case.

In contrast, while many child welfare cases certainly involve important questions of fact about whether or not abuse or neglect occurred, it is after a finding of maltreatment is made that the real work begins. The professionals and families must partner together in attempt to heal ruptured bonds. They must figure out the strengths and challenges faced by the family, and what services might be needed to help the family move forward.

If a child is in foster care, they must determine how to keep the parents actively involved in the child’s life and must carefully make sure that their efforts (including the words they use in court) don’t undermine the goal of reunification. Ultimately, they must figure out what long-term living arrangement might be best for the child. In such a world, the bulk of the work, including the conversations that lead to important decisions and recommendations, occurs outside of court.

Because of this, good family defense work must include an additional element – the development and nurturing of relationships between the parent and other players in the system, including the agency caseworker and the children’s lawyer. While a public defender might not care about the relationship between their client and the police, a family defense attorney must care about the relationship between their client and the caseworker. She must skillfully try to get her client to work with the caseworker in a productive way, because that caseworker is the one who will be making recommendations to the court about when the child can be returned home.

While the lawyer can certainly challenge the caseworker’s recommendations, the recommendation will still carry a lot of weight. And thus, the more the family defense attorney and the parent can engage with the agency, the higher likelihood of a positive outcome in the case. So lawyering that unnecessarily antagonizes adversaries, or client conversations that persuade parents to disengage with the agency, might undermine the very outcomes the client wants.

So the next time I hear a judge complain that our field doesn’t need public defenders, I’m going to reframe the comment in my head. What the child welfare system needs is zealous public defenders who rigorously enforce laws and rights, but also recognize that they can only achieve good outcomes for their clients if they prioritize building relationships between their clients and those who took their clients’ kids away.

It’s a tricky and complicated balance to navigate. This difficult balance provides yet another compelling reason why the child welfare system needs the very best of the best lawyers to enter this field.
  
           



           

  

Comments

  1. UnknownJuly 15, 2019 at 5:30 PM

    Im a grandmother of seven four of my grandchildren were erroneously taken by AZDCS Arizona is so corrupt that it is predetermining who will become wards of the state . Children deemed safe and well cared for in foster care for the last three years two of four have been adopted out to people whom already have five children adopted out of foster care and are currently fostering two more. I understand there is a need for foster care , loving homes who genuinely want to help children whom otherwise have no family. But AZDCS is conjuring up bogus excuses to take peoples children away. Teaming up with local law enforcement twisting the child welfare program to pick and choose who will be childless and who gets to profit from children. I cry every day for my beloved grandchildren, children who were an every day part of my life and i theirs. This country is in a sad sad state stealing american children for profit imprisoning people for profit caging migrants and the children spending billions of tax payer dollars on ruining lives. two of my grandchildren live in foster homes in flagstaff Az when I am perfectly willing and able to care for them and have cared for them as a mater of fact the children were taken when they lived at my lhouse of course they were not taken from home they were strategicallly taken for no purpose but to desrtroy my son my family to line it up for some bias group and program and the act of data mining oh i could gogon and on but i know that this is part of a much bigger conspericy that its so intertwined and confusing and horrific facade its unbelieveable but the case managers arent folling protocol agency employees failing in their duties to uphold the integrity of the department letting false information pass to documents prepared for the courts lying to judges having a big money monster party on tax payers dollars at the cost of children and familys lives violating humanity in epic proportions and no one is willing to take a stand no one is willing to help money or no money its sad and sick and if their is any one willing to help me I have all the documented proof of the violations of civil and constitutional rights and violation of policy and laws I cry every day and dream about my beautiful grand children every night about all the good days every day was the best day of their life with their grandma If anyone willing to help my name is Laurel Almquist Jensen and my granfdchildrens names are Daniel W.Lykins, and Sofia S Lykins never give up all those other families who have had their children taken, stolen from the loving family who the rightfully belong. My address is 4052 cripple creek Camp Verde Az 86322 phone is 928 600 4764

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