clp

ABA Child Law Practice

Vol. 33 No. 12 December 2014

IN PRACTICE

Legal Orphans Need Attorneys to Achieve Permanency

by LaShanda Taylor Adams

O n September 30, 2013, there were 402,378 children in the

United States foster care system.1 Since foster care is tempo-
rary, the states goal is to move children into permanent situations.2
For most of these children, 53%, permanency means reuniting with
their biological parents.3
However, when reunification is not
possible, the next preferred option is
adoption.4 To promote adoption, the
federal Adoption and Safe Families
Act (ASFA) requires states to bring
proceedings to terminate rights of par-
ents who cannot provide stable homes
for their children.5
Many Youth Exit Foster Care
as Legal Orphans
Most children whose parents rights
are terminated are adopted within 13
months.6 However, since numbers of
adoptions have not kept pace with
numbers of terminations each year,
more and more children are left in
legal limbo destined to live life as le-
gal orphanschildren without legal
parents.7
Not surprisingly, legal orphans
have poor well-being outcomes,
including homelessness, criminal
involvement, mental and physical
health, education level, and reliance
on public assistance.8 Despite efforts
to solve the legal orphan problem,
approximately 60,000 legal orphans in
the United States are waiting for per-
manency. Many will exit foster care
225
without any permanent legal
connections.9
Judges Roles in Reducing
Legal Orphans
In 2012, the National Council of Juve-
nile and Family Court Judges (NCJF-
CJ) issued a Resolution Calling for
Judicial Action to Reduce the Number
of Legal Orphans at Risk of Aging out
of Foster Care in the United States.10
That resolution states that all 50
states have what the federal govern-
ment calls legal orphans aging out
of foster care each year and resolved
that every child should have a perma-
nent, legal relationship with a caring
and safe adult.11 It further resolves
that the NCJFCJ recommends that
judges exercise frequent and diligent
judicial oversight to ensure that the
child does not remain a legal orphan
and that the child achieves perma-
nency. It also calls for judicial action
to reduce the number of legal orphans
in foster care.12
The resolution proposes several
practice recommendations, including:
1. forming judicially-led collab-
orative teams focused on system
CLP Online www.childlawpractice.org
Internet: http://www.childlawpractice.org
reform to achieve permanency for
legal orphans;
2. issuing negative reasonable efforts
findings when the child welfare
agency fails to make specific and
ongoing efforts to locate and per-
manently place a child;
3. actively discouraging the use of
Another Planned Living Arrange-
ment (APPLA) as a permanency
goal;13 and
4. urging state and local child wel-
fare agencies to provide courts
information that would help them
quickly identify legal orphans in
their jurisdictions.14
(Contd on p. 230)
Whats Inside:
226 CASE LAW UPDATE
232 BETTER LAWYERING
Six Principles for
Questioning Children
234 TRAUMA IN PRACTICE
Addressing Child Trauma: Six
Strength-Based Approaches
236 TECH TALK
Putting Social Media to
Work for You
238 TRENDING
Understanding Childhood
Domestic Violence
239 CULTURAL VIEWS
Being Poor is Not the
Same Everywhere
Vol. 33 No. 12
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226
CASE LAW UPDATE
Lack of Citizenship and Potential to Be Deported Not
Sufficient for Termination
Alizota v. Stanfield, 2014 WL 5859563 (Ga. Ct. App.).
Where father completed his case
plan, termination of his parental
rights was improper due to his
lack of citizenship and a drivers
license, and reliance on his wife to
pay the rent. Enhanced stability,
convenience, and possible great op-
portunities if the child remained in
the U.S. did not meet the standard
of deprivation for termination of
parental rights.
This case first came to court in
2009 when the child was six months
old. The mother was arrested for driv-
ing under the influence while the child
was in the car. The child was placed
in foster care with a couple the mother
had been living with before the childs
removal.
The father initially entered into a
reunification plan, which required that
ing, test negative for drugs, and pay
child support. However, after several
months, the parents agreed for the
foster family to have custody while
the father would have continued super-
vised visitation with the possibility of
unsupervised visitation in time.
Immediately after custody was
transferred to the foster parents, they
stopped visitation with the father until
he provided a clean drug test. They
went to court to resolve this, and the
father was ordered to provide drug
tests. Thereafter he provided clean
drug tests, continued to visit, and pro-
vided child support payments to the
couple.
The agency caseworkers found
that the father was bonding with the
child and encouraged more frequent
visits. The foster parents opposed this.
When the child was approximately
18 months old, the custodians filed
for adoption. They contended parental
rights should be terminated because
the father had not bonded with the
CLP Online www.childlawpractice.org
child, was unfit as defined by statute,
had never lived with the child, was not
a U.S. citizen and thus faced potential
deportation, and failed to provide sup-
port for her.
The father counterclaimed for cus-
tody. At the hearing in superior court,
the father called several witnesses
from the child welfare agency.
One of the childs former agency
caseworkers testified that the father
had been very engaged in parenting
classes and seemed to take the advice
to heart. She also said the father had
been very cooperative in meeting the
terms of his case plan. She reported
he had had one positive drug screen,
but had since completed drug treat-
ment. As to child support, she stated
the father had met as instructed with
the child support enforcement office,
but could not process payments that
way because the custodians would not
release the childs social security num-
ber to him. When the father reported
this to the caseworker, she instructed
him to pay directly via money orders
to create a record.
The caseworker further testified
that the custodians had cancelled nu-
merous visits and had failed to notify
the father of medical and other ap-
pointments.
Another caseworker, an agency
supervisor, and a CASA who had
observed visits testified that they had
no concerns about the fathers under-
standing or ability to parent.
A psychologist the custodians had
contracted with to observe visits testi-
fied there was a lack of a strong bond
with the father.
The trial court found the fathers
rights should be terminated due to sev-
eral factors. The court cited his failure
to support the child, lack of citizen-
ship, lack of a drivers license, housing
instability evidenced by his two moves
during the case and relying on his wife
Vol. 33 No. 12
to pay rent, and his failure to bond
with the child.
The father appealed. The Georgia
Court of Appeals overturned the termi-
nation order.
The court of appeals first noted
the two relevant termination grounds
constructive or actual abandonment
or failure to exercise proper care or
control due to misconduct or inability.
As to lack of support, the court
stated the trial court relied on inap-
propriate factors, including the fathers
lack of U.S. citizenship and that it
could not verify his income. He had,
however, paid child support for sev-
eral months and had attempted to pay
earlier. Further, he provided evidence
showing he had wired money to the
birth mother previously.
As to potential deportation, while
the child may have certain positive op-
portunities in the U.S., the fact that the
father might be forced to return to his
home country with the child did not
qualify as deprivation under state law.
Regarding his drivers license,
there was never any evidence that the
father put the child in danger or was
convicted of a vehicle-related crime.
While using other forms of transporta-
tion might be less convenient, this also
did not constitute legal deprivation.
Regarding substance abuse, there
was a single positive drug test, but evi-
dence showed the father was drug free
for at least eight months thereafter.
Regarding a failure to bond, the
weight of the evidence was contrary
to the courts finding. The sole testi-
mony of a lack of bonding was from
the custodians witness, who observed
the father and child for two hours. The
three child welfare staff and CASA,
who had contact with the family over
many months, all testified to evidence
of a bond.
227
Best Interests of Child Was Incorrect Standard for Denying
Transfer to Tribal Court
Dept of Social Servs. v. Nunnally, 2014 WL 5510487 (Va.).
Where parents and tribe requested
transfer to tribal court under the
Indian Child Welfare Act (ICWA),
trial court erred in denying transfer
partly due to concerns about remov-
al of the children from their current
foster home. The low standard of
best interests did not meet ICWAs
standards.
After the children were removed
from their parents and placed tempo-
rarily with relatives, the parents were
offered a reunification plan. When
they did not comply with it, the chil-
dren were placed in custody of the
child welfare agency.
The mother was a member of the
Citizen Potawatomi Nation, a feder-
ally recognized tribe in Oklahoma.
The father was not part of any tribe. It
was undisputed that the children were
eligible members of the tribe and the
ICWA applied.
Seven months after the children
were removed, the agency filed to
terminate the parents rights. The tribe
filed a motion to intervene and, alter-
natively, a motion to transfer the case
to tribal court.
The district court initially denied
the petitions to terminate parental
rights due to the lack of a qualified
expert witness. The agency and GAL
appealed to the circuit court. There,
the tribe renewed its motions and the
parents also filed motions to transfer
the case to the tribal court.
The circuit court found good
cause to deny the transfer. It found the
case was at an advanced stage where
transfer was inappropriate. It also
found that litigating the case in tribal
court would cause undue hardship for
the parties. Finally, it found removing
the children from their current foster
home would be extremely harmful.
After denying the motions to
transfer, the circuit court terminated
the parents rights.
The parents appealed to the
CLP Online www.childlawpractice.org
Virginia Court of Appeals. In an un-
published opinion, the Court of Ap-
peals reversed the trial court. It found
it had relied on an incorrect best
interest determination in finding good
cause.
The Virginia Supreme Court
agreed with the Court of Appeals that
a transfer should be denied only upon
a heightened showing that immediate
serious emotional or physical harm, or
a substantial risk of such harm would
result from transfer. Given the above,
the Virginia Supreme Court affirmed
the Court of Appeals.
Justice Millettes opinion, partially
concurring and dissenting, also provid-
ed some insight on the issues at stake.
While the opinion agreed the denial of
transfer was inappropriate, it disagreed
with the majoritys reasoning.
First, the justice noted the relevant
portion of the ICWA provides for
concurrent but presumptively tribal
jurisdiction in the case of [Indian]
children not domiciled on the
reservation.
Transfers under that section are to
be made to tribal court upon request
of a parent, Indian custodian, or tribe.
Such transfers are permitted provided
neither parent objects, the tribe does
not decline jurisdiction, or there is no
good cause to the contrary.
The justice wrote that section
1911(b) is purely jurisdictional, it only
allows the state court to decide which
court should make decisions about the
case. Any type of best interest, even
a more stringent one, is inappropriate
and goes to substantive issues in the
case. The act of transferring a case
to another court cannot, in and of it-
self, cause harm to the child. Absent
evidence of bias, the state court must
presume the tribal court competent
and impartial. For example, whether
a tribal court might change the childs
placement, is a decision made after a
transfer, if at all.
Vol. 33 No. 12
CASE LAW UPDATE continued
Alabama
Ex parte J.C., 2014 WL 5394507
(Ala. Civ. App.). DEPENDENCY, DUE
PROCESS
Unrelated godparents of child filed peti-
tion seeking custody and ex parte order
awarding them immediate custody. Ruling
on mothers motion to vacate, court found
her due process rights were violated by ex
parte order adjudicating child dependent
without conducting a hearing at which she
could participate. Evidentiary hearing on
merits of dependency petition is required
for juvenile court to declare child
dependent.
Alaska
Riggs v. Coonradt, 2014 WL 5305873
(Alaska). CUSTODY, BEST INTERESTS
Court affirmed decision that parents
inability to communicate justified modify-
ing existing joint-custody arrangement
and that best interests of children favored
awarding sole legal custody to father.
Fathers clearer recognition of childrens
educational and emotional needs and other
factors outweighed mothers greater
availability.
Arizona
J.D. v. Hegyi, 2014 WL 5420813 (Ariz.).
ABUSE, WITNESSES
Defendant was charged with sexual abuse
of stepdaughter and sought interview with
minor victim. Statutory protection of vic-
tims rights entitles minor victims mother
on victims behalf to refuse interview by
defendant. This right continues until final
disposition of criminal charges even when
victim reaches 18 earlier.
California
In re A.B., 2014 WL 5462796
(Cal. Ct. App.). DEPENDENCY,
NONCUSTODIAL PARENTS
Court upheld removals and placement
with respective biological fathers of two
children and declined mothers request for
reunification services. Presumption under
Adams Law subdivision of dependency
statute is that if agency finds no issues
of concern based on home visit, noncus-
todial parent obtains custody and case is
dismissed. Focus is on noncustodial parent
and whether minor is safe in that parents
home without further court supervision.
In re Juan A., 2014 WL 5358275 (Cal. Ct.
App.). DELINQUENCY, ARREST
On appeal from juveniles placement on
228
Research performed on Westlaw compliments of West Group.
formal probation for resisting officer and
disturbing the peace, court found prosecu-
tion did not prove all elements of offense.
Juveniles act in walking away from
officer while knowing officer wanted to
talk with him did not constitute resisting
a police officer. Officer did not assert any
authority or attempt to physically restrain
juvenile.
In re L.S., Jr., 2014 WL 5395786
(Cal. Ct. App.). DEPENDENCY,
BURDEN OF PROOF
Juvenile court failed to apply proper
burden of proof when deciding parents
petitions to modify child dependency or-
der bypassing reunification services. Order
was based on findings that parental rights
were terminated to sibling and parents re-
sisted prior court-ordered drug treatment.
Preponderance of evidence, rather than
clear and convincing evidence, applied.
Connecticut
In re Kylik A., 2014 WL 5286533 (Conn.
App. Ct.). TERMINATION OF PAREN-
TAL RIGHTS, REASONABLE
EFFORTS
Evidence supported finding that agency
made reasonable efforts to reunify mother
with children and that she was unable and
unwilling to benefit from reunification
efforts. Mother was offered numerous ser-
vices but was repeatedly discharged from
programs for noncompliance, nonatten-
dance, and lack of participation, frequent
cancellations of scheduled visits, and
limited progress despite years of receiving
services.
Georgia
In re J.V.J., 2014 WL 5471757 (Ga. Ct.
App.). TERMINATION OF PARENTAL
RIGHTS, SUFFICIENCY OF
EVIDENCE
Child was removed from mothers custody
at birth because mother previously lost
parental rights to three other children and
had history of instability and drug use.
Court reversed order terminating parental
rights, finding lack of clear and convincing
evidence that cause of childs deprivation
was likely to continue. Mother earned high
school diploma, enrolled in college, and
availed herself of every treatment center
program offered.
Idaho
State v. Ortega, 2014 WL 4802584 (Idaho
Ct. App.). ABUSE, PRIOR ACTS
CLP Online www.childlawpractice.org
In criminal prosecution for felony injury
to a child, court did not err in allowing
prior bad acts as evidence of defendants
abusive parenting. Father was charged
with causing spiral fracture to two-year-
old sons upper arm and other injuries to
his chest, abdomen, and buttocks. Prior
bad acts evidence was relevant to prove
intent or absence of mistake or accident
and its probative value outweighed danger
of unfair prejudice.
Illinois
In re F.P., 2014 WL 4825260 (Ill. App.
Ct.). TERMINATION OF PARENTAL
RIGHTS, FAILURE TO IMPROVE
Court upheld termination of mothers pa-
rental rights based on her failure to make
reasonable progress toward reunification
within statutory nine-month period after
neglect adjudication. Lack of adoptive
placement did not preclude finding that
termination was in childrens best interest.
Indiana
In re R.A., 2014 WL 5358491 (Ind. Ct.
App.). TERMINATION OF PARENTAL
RIGHTS, INCARCERATION
Termination petition filed only six months
after father was identified by DNA tests
was supported by insufficient evidence to
show reasonable probability the conditions
leading to the childs removal or place-
ment would not be remedied or that con-
tinuing the parent-child relationship posed
a threat to childs well-being. Despite fa-
thers failure to engage in services and his
uncertain length of incarceration, fathers
sister was available to care for child.
Kansas
In re A.H., 2014 WL 4783434 (Kan. Ct.
App.). DEPENDENCY, DOMESTIC
VIOLENCE
Court affirmed decision that fathers five-
month-old daughter was a child in need
of care because she lived in same house
as older brother, who court had found
to be child in need of care for witness-
ing domestic abuse. Older brother had
contemporaneously observed domestic
violence between father and mother and
suffered emotional harm by being placed
in position of physical danger.
In re R.S., 2014 WL 5408429
(Kan. Ct. App.). TERMINATION,
FAILURE TO IMPROVE
Evidence supported finding that mother
was unfit and that condition or conduct
Vol. 33 No. 12
Call 202/662-1724 for a copy of any case reported here.
making her unfit was unlikely to change
in foreseeable future. Mother had taken
limited steps toward accomplishing tasks
aimed at reuniting her with children. Court
did not abuse its discretion by terminating
her rights rather than taking some other
action, such as giving her additional time
to prepare for reunification.
Louisiana
State in re A.V., 2014 WL 5463329 (La.
Ct. App.). TERMINATION OF PAREN-
TAL RIGHTS, BEST INTERESTS
Court improperly denied petition for
termination of parental rights. Termination
was in best interests of children who lived
with foster family for three and one-half
years. Despite physical, behavioral, and
developmental deficits at entry to care,
children were thriving in foster home and
foster parents wished to adopt. Parents
failed to develop support system to assist
mentally challenged mother who lacked
capacity to safely parent when father was
not present.
New Jersey
N.J. Div. of Child Prot. & Perm. v. Y.A.,
2014 WL 5506647 (N.J. Super. Ct. App.
Div.). ABUSE, WITNESSES
Statute providing that childs previous
statements relating to abuse or neglect
allegations are insufficient to make abuse
or neglect finding if such statements are
uncorroborated does not apply if child tes-
tified to the abuse at a fact-finding hearing.
Childs testimony was subjected to rigors
of cross-examination and her presence at
fact-finding hearing permitted judge to
assess demeanor and credibility.
New Mexico
State v. Antonio T., 2014 WL 5377530
(N.M.). DELINQUENCY, ADMISSIONS
Juveniles admission of alcohol use to
school administrator in presence of deputy
sheriff serving as school resource officer
was inadmissible in delinquency proceed-
ing. Although school official may insist
that child answer questions for purposes of
school disciplinary proceedings, any state-
ments elicited may not be used against
child in delinquency proceeding unless
child made knowing, intelligent, and vol-
untary waiver of right to remain silent.
New York
In re Victoria P., 2014 WL 5350447 (N.Y.
App. Div.). DEPENDENCY, VISITATION
Fathers supervised visitation with
229
children at discretion of agency was in
their best interests after finding father
neglected children based on sexual abuse
of one child and derivative neglect of
remaining children. Father was required to
complete sex offender treatment program,
children were reluctant to visit father, and
service providers recommended super-
vised visitation.
North Carolina
In re L.R.S., 2014 WL 5350809 (N.C. Ct.
App.). TERMINATION OF PARENTAL
RIGHTS, INCARCERATION
Mother was incapable of providing proper
care and supervision for child, and there
was a reasonable probability that the
incapacity would continue for the foresee-
able future due to her extended 38-month
incarceration. Mother would be unable to
parent child and failed to propose an
appropriate alternative child care
arrangement.
North Dakota
In re J.A.H., 2014 WL 5454203 (N.D.).
DEPENDENCY, COURT ORDERS
Juvenile courts general and conclusory
findings that mothers two children were
deprived and without proper parental care,
after taking notice of the petition, affidavit
in support, and guardian ad litem report,
precluded meaningful review by appel-
late court on mothers appeal. Case was re-
manded for juvenile court to make specific
findings and to explain basis for finding
the children deprived.
Ohio
State v. Dougherty, 2014 WL 5422310
(Ohio Ct. App.). ABUSE, CHILD
ENDANGERMENT
In criminal prosecution for child endan-
germent, conviction was supported by
evidence that defendant, through acquies-
cence, allowed children to be within 100
feet of methamphetamine lab in barn while
he knew that manufacture of methamphet-
amine was occurring. Defendant claimed
he did not know children lived on property
and had no authority to exclude them from
property, although he admitted that mother
was asleep in trailer near barn and he
knew mother had three children.
Oregon
Dept of Human Serv. v. J.M.,
2014 WL 5365983 (Or. Ct. App.).
DEPENDENCY, ICWA
When child welfare agency changed
CLP Online www.childlawpractice.org
childs permanency plan from reunifica-
tion to adoption, parents appealed. Court
found the agency provided active efforts
to parents to make reunification possible
under Indian Child Welfare Act. Agency
identified parenting deficits and imple-
mented individualized and extensive
services intended to address needs, taking
into account parents cognitive delays.
Utah
State in re A.O., 2014 WL 5305964
(Utah Ct. App.). TERMINATION OF
PARENTAL RIGHTS, EXCLUSIONARY
RULE
Father appealed adjudication of neglect of
his six children and determination that he
sexually exploited 17-year-old daughter.
He argued the juvenile court improperly
relied on evidence obtained through illegal
searches. Court held exclusionary rule
does not apply to child welfare proceed-
ings. The determination depends on the
nature of the proceeding rather than the
circumstances under which evidence was
collected.
Virginia
Bristol Dept. of Soc. Services v. Welch,
2014 WL 5529391 (Va. Ct. App.).
TERMINATION OF PARENTAL
RIGHTS, SIBLINGS
Court upheld finding that termination of
mothers parental rights to her young-
est child was not in childs best interests
although her rights to two older children
were terminated in same proceeding.
Court relied on mothers employment and
financial ability to support youngest child,
noted that she attended parenting classes,
and found the child appeared happy and
well-adjusted.
West Virginia
State v. Cottingham, 2014 WL 5545930
(W. Va.). ABUSE, CHILD WITNESSES
Trial court did not abuse its discretion in
allowing state in bench trial to ask child
witness leading questions on direct exami-
nation in criminal prosecution for sexual
assault in the second degree and sexual
abuse by parent, guardian, or custodian.
Child was very reticent to testify, had to
be repeatedly asked to speak up, and often
would not give answers unless prompted.
Vol. 33 No. 12
(Contd from front page)
Georgia, New Jersey, Ohio and
Texas were selected to participate in
the NCJFCJ Legal Orphan Project,
which has a strong focus on achiev-
ing permanency for legal orphans
through vigilant judicial oversight,
adoption, guardianship, kinship place-
ment, and building strong skills for
transition to adulthood.15 Each state
must: (1) identify the number of legal
orphans who are 12 and older and
who have been in foster care for at
least one year (2) produce a written
report about the states legal orphan
problem, propose solutions, and start
a national dialogue among child wel-
fare professionals and the judiciary,
and (3) build a national curriculum
around permanency counseling for
children who are not interested in be-
ing adopted.16 While the states have
engaged in different approaches, all
of the practice examples rely on judi-
cial leadership and system collabora-
tion.17
An April 2013 NCJFCJ Technical
Assistance Bulletin, Forever Fami-
lies: Achieving Permanency for Legal
Orphans, offers policy and practice
recommendations to reduce the num-
ber of legal orphans in foster care.18
In that Bulletin, the NCJFCJ recog-
nized that, because many children
aging out of foster care re-establish
ties with their biological family,19
statutes must be developed to permit
reinstatement of parental rights when
appropriate.20 To date, 17 states have
enacted reinstatement laws to benefit
legal orphans.21
Reinstatement Laws Alone
Do Not Decrease Legal
Orphans
The Adoption and Foster Care Analy-
sis and Reporting System (AFCARS)
collects case-level information from
state and tribal title IV-E agencies on
all children in foster care and those
adopted with title IV-E agency in-
volvement.22 Title IV-E agencies must
submit AFCARS data semiannually
to the Childrens Bureau.23 Among
other things, the Administration for
230
Children and Families uses the data
to conduct Child and Family Service
Reviews and trend analyses to guide
planning efforts.24
While AFCARS data show reduced
numbers of legal orphans waiting to
be adopted, this trend coincides with a
steady decrease in the overall number
of children in foster care and is not at-
tributable to laws aimed at reducing
legal orphans. System-wide reforms
and improved practices throughout
the country account for the overall
decrease in the foster care population,
and thus overall lower numbers of legal
orphans. However, the numbers of legal
orphans aging out has not been as dra-
matically impacted.25
National data on legal orphans
reported by AFCARS shows a steady
increase in legal orphans aging out and
at risk of aging out.26 States with rein-
statement statutes have not effectively
addressed the legal orphan problem.
In Nevada, Louisiana, and Illinois, the
number of youth without permanent le-
gal connections increased since enact-
ing a reinstatement statute.27
Legal Orphans Need
Independent Legal
Representation
Reinstatement laws would be more ef-
fective and the legal orphan problem
better addressed if legal orphans were
provided independent legal represen-
tation. A 2008 study found children
represented by attorneys have a much
higher rate of exit to permanency.28
Permanency for legal orphans could
include post-termination reunifica-
tion and reinstatement of their parents
rights. Even in states without a codified
reinstatement statute, attorneys can
help the child explore available legal
options, such as custody and adoption
by the birth parent.29
Youth need attorneys to pursue
those options because in many juris-
dictions only the child and the child-
placing agency have standing to file a
petition to reinstate parental rights.30
Similarly, if the birth parent is no
longer a party to the case, the childs
attorney might be in the best position
CLP Online www.childlawpractice.org
to advocate for other forms of post-ter-
mination reunification. Without attor-
neys to file the petition, represent the
childs interests, and present critical
information, there is a risk the petition
would be denied and the child would
remain a legal orphan.31 Attorneys
largely control the flow of information
to the judge. Attorneys decide what
witnesses, evidence, and arguments to
present .... Without complete relevant
information, judges decisions may be
ill-informed or even tragically mistak-
en.32 Therefore, it is in the states in-
terest, as well as the childs, to appoint
independent counsel for legal orphans.
In 1974, Congress passed the
Child Abuse Prevention and Treatment
Act (CAPTA), the first comprehen-
sive federal legislation on child abuse
and prevention.33 CAPTA requires
that states provide guardians ad litem,
either attorneys or court appointed
special advocates, to all children in
child abuse and neglect proceedings.34
To date, over 30 states and the District
of Columbia recognize the important
functions attorneys serve and have
gone beyond the requirements of
CAPTA by statutorily mandating legal
representation.35
Unfortunately, not all states pro-
vide a statutory right to counsel for
youth in foster care.36 Of the 17 states
with reinstatement statutes, only nine
require attorneys be provided for legal
orphans.37 When this type of large
disruption in a childs life occurs, they
need many resources, as well as peo-
ple around them that will keep them
informed on what is occurring, explain
to them their options, and assist them
in making decisions about their life
that meet their wishes and are in their
best interest.38
In 2014, Washington State passed
legislation requiring the court to ap-
point an attorney, at public expense,
for a dependent child who has been
legally free for six months. 39
The Legislature recognizes
that dependency proceedings
determine many critical aspects
of a childs future, that children
Vol. 33 No. 12
 have many legal rights at stake
in dependency proceedings, that
varying practices across the state
have resulted in inconsistent
protection of such rights, and that
representation by an attorney can
be invaluable in ensuring that the
childs rights are respected.40
The approximately 1,500 legal
orphans in the Washington foster care
system41 will receive legal represen-
tation through the new Childrens
Representation Program.42 To receive
payment, attorneys must comply with
practice, caseload, and voluntary
training standards.43 Other states must
likewise ensure that legal orphans have
adequate representation so they can
take advantage of post-termination
reunification.44 It is often post-TPR
that the legal orphan most needs legal
assistance and advocacy.45
Practice Tips for Attorneys
Follow practice standards for rep-
resenting children in child welfare
proceedings developed by the
American Bar Association and the
local jurisdiction.
Ask the youth about possible rela-
tive and nonrelative permanent
placement options. Advocate for
increased contact between the
child and identified placement
options.
Investigate available legal options,
including restoring parental rights.
Try locating the birth family by
working with the child and social
service professionals, using avail-
able social media, and checking
birth parent registries.
If restoring parental rights is an
option, advocate for visitation, re-
unification, and post-reunification
services to support the family.
If there are no viable permanency
options, minimize the negative
social, emotional, and financial
issues by advocating for
services to prepare the youth for
independence.
231
Conclusion
Reinstatement laws were passed to
address the legal orphan problem
in states across the country. However,
legal representation for legal orphans
is key to these statutes effectiveness.
Providing attorneys would help legal
orphans by ensuring they do not leave
the system without permanent legal
connections. Effective legal represen-
tation will ensure that they have the
ability to meaningfully participate in
the legal proceedings that will impact
every aspect of their lives and deter-
mine their future success.46
LaShanda Taylor Adams is an Associ-
ate Professor at the University of the
District of Columbia David A. Clarke
School of Law. She is a graduate of
New York University School of Law
and Spelman College.
Endnotes
1. U.S. Dept of Health and Human Servs.,
Admin. on Children, Youth and Families,
Childrens Bureau. The AFCARS Report #21,
2014.
2. See 45 C.F.R. 1355.20 (defines foster care
as 24-hour substitute care).
3. The AFCARS Report #21, 2014.
4. Ibid. 24% of youth in foster care have
a permanency goal of adoption. Adoption
is a legal process by which the rights and
responsibilities of the biological or legal parent
are granted to another.
5. Adoption and Safe Families Act (ASFA,
Public Law 105-89).
6. The AFCARS Report #20. The mean time
elapsed from termination of parental rights to
adoption is 13.1 months. The median is 9.2
months.
7. Juvenile Courts, Etc. 63, American
Jurispudence 2d (2008).
8. Taylor, LaShanda. Resurrecting Parents
of Legal Orphans: Un-terminating Parental
Rights. Virginia Journal of Social Policy & the
Law 17, 2010, 318, 326-327.
9. The AFCARS Report #21, 2014. As of
September 30, 2013, 58,887 children were
waiting for adoption whose parents rights had
been terminated. This number does not include
children 16 years old and older whose parents
rights had been terminated with a goal of
emancipation.
10. National Council of Juvenile and Family
Court Judges. Resolution Calling for Judicial
Action to Reduce the Number of Legal
Orphans at Risk of Aging Out of Foster Care
CLP Online www.childlawpractice.org
in the United States, March 21, 2012. <www.
ncjfcj.org/sites/default/files/Resolution_
LegalOrphans_fnl-3-21-12.pdf>.
11. Ibid.
12. Ibid.
13. Ibid.
14. Ibid.
15. National Council of Juvenile and Family
Court Judges. Forever Families: Achieving
Permanency for Legal Orphans, April 2013,
20. <www.ncjfcj.org/sites/default/files/
LOTAB_3_25_13_newcover.pdf>. States
with the greatest numbers of legal orphans
were invited to participate in the project. The
projects goals include reducing the number
of legal orphans in the state and providing
practice recommendations for court systems
seeking similar results.
16. Childrens Commission. Supreme Court
of Texas Permanent Judicial Commission for
Children, Youth and Families, Basic Projects
<http://texaschildrenscommission.gov/our-
work/basic-projects.aspx#orphan>.
17. Ibid.
18. National Council of Juvenile and Family
Court Judges, April 2013
19. Taylor, 2010, 320.
20. National Council of Juvenile and Family
Court Judges, April 2013.
21. CA, NV, WA, LA, OK, IL, NY, HI, AK,
ME, NC, VA, DE, UT, MN, GA, and CO.
22. Childrens Bureau. About AFCARS. July
2, 2012. <www.acf.hhs.gov/programs/cb/
resource/about-afcars>
23. Ibid.
24. Ibid.
25. National Council of Juvenile and Family
Court Judges, April 2013, 9.
26. The AFCARS Report #21, 2014.
27. Ibid. Since enactment of their respective
statutes, the number of legal orphans in NV has
increased from 766 to 790; in LA, from 749 to
806; in IL, from 2,475 to 2,970.
28. Zinn, Andrew and Jack Slowriver.
Expediting Permanency: Legal Representation
for Foster Children in Palm Beach County.
Chapin Hall Center for Children at the
University of Chicago, 2008.
29. Taylor, 2010.
30. National Conference of State Legislatures.
Reinstatement of Parental Rights, updated
October 2012 <www.ncsl.org/research/human-
services/reinstatement-of-parental-rights-state-
statute-sum.aspx>.
31. Taylor, LaShanda. A Lawyer for Every
Child: Client-Directed Representation in
Dependency Cases Family Court Review 47,
2009, 605.
32. Hardin, Mark. Testimony Before the
Subcommittee on Income Security and Family
Support of the House Committee on Ways and
Vol. 33 No. 12
Means, April 8, 2003.
33. Child Abuse Prevention and Treatment Act,
P.L. No. 93-247, 88 Stat. 4.
34. Ibid.
35. FirstStar. A Childs Right to Counsel: A
National Report Card on Legal Representation
for Abused and Neglected Children, 3d Ed.
<www.firststar.org/LinkClick.aspx?fileticket=y
5NGNY0iBqk%3D&tabid=74>.
36. Ibid.
37. CO, GA, LA, NC, NY, OK, UT, VA
and WA receive legal representation. In the
other eight states, appointment of counsel is
discretionary or depends on childs age. See
FirstStar, Childs Right to Counsel. In 1999,
The Childrens Law Center of Minnesota
began its State Wards Project in Hannepin
County. Funded by the Hannepin County Bar
Foundation, the project provides representation
to legal orphans.
38. Baldari, Cara. The Washington State
Legislature Should Mandate Counsel
for Children, First Focus Campaign
for Children, February 3, 2014 <www.
ffcampaignforchildren.org/news/top-of-our-
list/the-washington-state-legislature-should-
mandate-counsel-for-children>.
39. S.B. 6126 and H.B. 1285. See Washington
Courts, Administrative Office of the Courts.
Meaningful Legal Representation for Child
and Youth in Washingtons Child Welfare
System: Standards of Practice, Voluntary
Training, and Caseload Limits in Response
to HB 2735, available at www.courts.wa.gov/
content/PublicUpload/Commission%20on%20
Children%20in%20Foster%20Care/HB%20
2735%20Full%20Final%20Report%20
with%20Appendices.pdf. The Legislature
appropriated more than $1 million for the
programs implementation.
40. House Bill Report, H.B. 1285, 2013.
41. Rally Ethics for Orphans and At-Risk
Minors (REFORM). Washington Governor
Signs Foster Care Bill S.B. 6126, April 4, 2014
<www.reformtalk.net/2014/04/04/washington-
governor-signs-foster-care-bill-sb-6126/>.
42. Bamberger, James A. Statewide
Childrens Representation Program to Launch,
Washington State Office of Civil Legal Aid,
April 28, 2014.
43. Washington State Office of Civil Legal Aid,
Legal Requirements of 2ESSB 6126.
44. See FirstStar, Childs Right to Counsel
(grading each state on providing legal
representation to youth in foster care and
awarding over half of the states with a
reinstatement statute a C or worse).
45. National Council of Juvenile and Family
Court Judges, April 2013, 13.
46. Bamberger, 2014 (quoting Senator Steve
OBan).
232
BETTER LAWYERING
Six Principles for Questioning Children
L inguist Anne Graffam Walker said
the children who come into our
courts cannot function adequately
without our willingness to speak their
language. The responsibility for clear
communication has to be ours. Until
we accept that responsibility, until we
learn how the language of children and
the language of adults differ, we will
not be doing our jobs as effectively, or
fairly, as we can.
CLP is marking the third edition
of Anne Graffam Walkers Handbook
on Questioning Children, by excerpt-
ing portions of it. The book is a refer-
ence guide organized around princi-
ples to keep in mind when questioning
children. Read on to learn some of
those principles:
1. We do not question children.
We question one child at a time. Each
child has his or her own unique growth
pattern, and his or her own family
experience which shaped the learning
of language. Therefore, the child you
are questioning may or may not fit
the general characteristics of what-
ever topic is being discussed. That is
markedly true in the case of children
(or adults, for that matter) who have a
developmental disability, come from a
culture different from our own, or who
have been maltreated.
2. Children and adults do not
speak the same language.
By the time children are about five
years old, the language they speak
sounds a lot like the one adults speak
in their everyday lives. The assump-
tion is made that adults and children
are speaking the same language, but
that is not so. Language learning is far
from complete at age five.
Some important aspects of gram-
matical knowledge are still being
acquired at age 10 and later. For ex-
ample, the ability to detect ambiguity
CLP Online www.childlawpractice.org
caused by sentence structure (e.g.,
Flying planes can be dangerous)
develops at about age 12. Certain
communication skills, such as giv-
ing a complete and coherent account
of a personal past event, may still be
developing in the late teens. Other
skills necessary for a fully competent
performance in court, such as learning
how to detect and defend against rea-
soning flaws in other peoples state-
ments, may never be acquired even by
adults.
3. Adult-like use of language
does not always reflect adult-
like linguistic or cognitive
capabilities.
This is another way of saying that
adults and children do not speak the
same language. Language and cogni-
tion do not mature simultaneously.
For that reason, children can appear
to comprehend what we say and use
words and sentences in an adult way.
In reality, they may be operating on an
entirely different level. The fact that
children often use words before they
really understand them can deceive us
as to what they are actually thinking.
This is especially true with concept
words that express time, duration,
space, age, kinship, and so on. For
example, children can talk about
yesterday (Q: When was yesterday?
A: When I was little), and daddy
(Q: Who is your daddy? What is his
name? A: Names daddy) without hav-
ing any real awareness of the relation-
ships that words of that sort represent.
4. Young children have a hard
time attending to more than one
or two things at once.
Q. Do you recall talking to her on the
Sunday after they founddiscovered
something had happened to Doug and
asking her, Do you know Mark?
and then saying, That is who did it?
Vol. 33 No. 12
Do you remember telling her that?
(Question asked of a five-year-old wit-
ness during a murder trial.)
This question is long and involved.
The ability to answer questions like
that, or any question about some event
or personal issue, requires keeping
several balls in the air at once. The
question itself, once processed, if it is
processed, has to be held in working
memory while the long-term memory
is searched for the relevant
information.
Once the information is retrieved,
it must be given to the questioner in
a clear and appropriate way. The an-
swer, if it is to be accurate, must also
be monitored for speaker error and
misunderstanding by the listener. All
of this (and more) must be done in a
physical environment that may or may
not be familiar, and in an emotional
environment that may or may not be
comfortable. In a stimulus-rich and
stressful environment, such as the fo-
rensic one, even adults have difficulty
performing these tasks well, as anyone
who has listened to grown-ups give
testimony knows.
For children, the burden of doing
all of these things at once may prove
too heavy. For the very young child,
it is impossible. It is important, then,
that in the forensic environment, the
questions themselves be kept short and
simple. Remembering the question
from beginning to end is, after all, the
first key task the child has to perform.
Just as with an adult, the fewer ideas
in a question, the greater the chances
are of recall, processing, and thus of
an accurate question/answer exchange.
5. Children will not always tell
you they dont understand you.
One expectation that adults rely on in
carrying on conversations with each
other is that each party will speak up if
there is a perceived misunderstanding.
That doesnt always happen for many
reasons, including unequal status or
power. Faced with someone in
authority, particularly someone who
acts as if the listener ought to under-
stand, even adults will let a misunder-
233
standing pass. It should not be surpris-
ing that children, who are always in a
one-down position vis-a-vis adults, are
often reluctant to admit that they dont
understand.
There are at least two other rea-
sons children may not alert adults to a
lack of understanding. One, children
may simply be unaware that they have
the right to tell adults that they dont
understand. Two, they may think they
understand a question when they do
not. Like adults, children will assume
they have understood an utterance if
they can supply it with an interpreta-
tion.
Children as old as 12 may not
realize that an adults question or
statement or instruction is actually
not comprehensible, either because
the utterance does not contain enough
information for it to be processed or
acted upon adequately, or because it
is marred by complex or sloppy syn-
tax. Even college-age students have
been fooled into thinking that typi-
cal lawyers questions were easy to
understand when in fact they were
not. Vocabulary can also contribute to
misunderstanding if children believe
incorrectly that their meaning and the
adults meaning for one or more words
is the same.
6. Some families talk to each
other; some families do not.
That statement is an exaggeration, of
course, but the conversational habits
of the families children come from can
differ significantly. Because those hab-
its shape language use and understand-
ing, they might well affect the ability
of children to tell you what they know.
There are a number of view-
points about how families can be
distinguished linguistically. One that
is relevant to the forensic question-
ing of children focuses on their use of
what Bernstein (1972) identified as
restricted or elaborated codes (code
meaning a type of speech). Perhaps an
easier way to think of these families
would be as talkers and pointers.
The codes are not mutually exclusive,
but generally, families tend toward one
CLP Online www.childlawpractice.org
or the other.
Talker families, those using
an elaborated code, are more apt to
give objects names, articulate their
thoughts, and attempt to make mean-
ing clear. They tend to be specific,
and in general, make few assumptions
about the listeners knowledge.
Pointer (restricted code) fami-
lies engage in less instruction with
their children about the nature of
objects and persons, use more pro-
nouns, are less specific, and in their
conversations, take more for granted
about what the listener knows. Parents
who have been identified by others
as having a high-elaborative style,
assist their children in recalling and
recounting shared past experiences by
confirming childrens correct memo-
ries and using questions as prompts to
help build a more complete narrative.
Low-elaborative parents tend not to
offer that kind of support, give fewer
prompts, and ask the same question
repeatedly in attempts to get correct
recitations.
No one could expect all question-
ers of children to have the time or
opportunity to inquire into the conver-
sational habits of the families children
come from. But these habits are not
random, and they can work against
childrenparticularly older ones
who are not used to functioning in the
highly elaborated code that our courts
demand. Knowing that different family
conversational codes and styles exist
could help sharpen our listening skills,
and perhaps lead to an alternative
interpretation when a child seems de-
liberately vague, reticent, or remains
silent in the face of our questions.
For citations, see the Handbook on Questioning
Children.
Learn More
For all 18 principles,
order the Handbook
on Questioning
Children at www.
ShopABA.org
PC# 3490008,
$30.00
Vol. 33 No. 12
TRAUMA IN PRACTICE
Addressing Child Trauma: Six Strength-Based Approaches
I mprove your ability to work with child clients impacted by trau-
ma or victimization by using a strength-based approach. Kevin
Powell, PhD, a licensed clinical psychologist in Colorado, has spent
over two decades using strength-based mental health approaches
with children and families.
Powell shared six strength-based
approaches for trauma-informed ser-
vices at a webinar hosted by the Na-
tional Childrens Advocacy Center on
September 10, 2014.
1. Meet the childs basic human
needs.
Every person has three basic human
needs:
Physiological needs are those
required to sustain life (e.g., water,
oxygen, food, sleep).
Safety needs are those that help us
feel safe and free from threats of
harm.
Social needs are those that provide
a sense of belonging and of feel-
ing loved (e.g., social attachments
and connections, belonging to a
group and/or family).
A child who has suffered trauma
will have trouble working through
that trauma if one or more basic hu-
man needs are not met. For example, a
hungry or tired child will have trouble
staying focused on the task at hand.
A child who fears for her safety will
not move past that fear and believe the
world can be safe. A child without
social connections who feels alone in
the world will have trouble believing
others want to help him.
When basic human needs are not
met, the childs ability to cope and
tolerate stress is compromised. This
often leads to a noncaring attitude and
feelings of hopelessness. The child
may display internalizing behaviors,
234
by Claire Chiamulera
including depression, anxiety, somatic
complaints, and suicidal thoughts.
Externalizing behaviors may include
aggression, defiance towards authority,
and suicidal and self-injurious behav-
iors. The child will also have trouble
moving on to meet higher level human
A child who has suffered
trauma will have trouble
working through that trauma
if one or more basic human
needs are not met.
needs for competency and living up to
ones full potential.
Key questions to ask:
What needs are unmet?
How can I help meet those needs?
What motivates this child?
How can I help this child have
successful experiences every day?
2. Strengthen the bond between
youth and stable caregivers.
A stable, nurturing caregiver is very
healing for a child struggling with
trauma or victimization. Identify who
the child feels close to, or who has
the ability to provide the child needed
support. Reach out and engage these
supportive parents/caregivers:
Be understanding, empathetic,
and patient, especially if the
parent/caregiver is mistrustful or
defensive.
Put the parent/caregiver in the
expert role. They know the child
CLP Online www.childlawpractice.org
best and have useful insights to
share.
Ask questions that invite input,
dont tell (e.g., How do you think
we can best help your son, daugh-
ter, or grandchild?)
Use a collaborative team
approach.
Ask parents/ caregivers about
their self care (e.g., How are you
doing?).
3. Promote optimism within
children and caregivers.
Childhood victimization and trauma
can have many problematic symptoms
and behaviors that are disruptive to
the child and others. However, brain
research creates reasons to be optimis-
tic about these symptoms and behav-
iors and the childs ability to change.
Share these reasons with children and
families to promote hope.
The prefrontal cortex of the brain
is still maturing. The prefrontal
cortex governs executive function-
ing, including the ability to antici-
pate consequences, regulate emo-
tions, control impulses, organize,
plan and problem solve, sustain
and shift attention, self-motivate,
and have insight into the self and
others. Executive functioning
strengthens and becomes more
efficient during adolescence and
early adulthood. Helping youth
and caregivers understand this
phenomenon can create a sense of
optimism.
The brain is neuroplastic. Brain
function is strengthened through
experience. Replacing problem
behaviors with healthy alterna-
tives and repeatedly practicing
healthy behaviors stimulates brain
pathways, which rewires the brain
in positive ways. An example
Vol. 33 No. 12
 is a youth who self-cuts. If the
youth repeatedly practices healthy
alternatives to cutting, in time the
temptation to cut will become less
prominent as the brain is rewired
for the substitute behavior.
4. Identify and promote
protective factors associated
with resilience.
Resilience is the capacity to overcome
childhood adversity to lead successful
prosocial lives (the ability to bounce
back). Research shows that everyone
has the capacity to be resilient if they
have enough protective factors.
Protective factors are strengths and
resources found within the child,
childs family, and the community that
increase the likelihood of positive out-
comes in response to risk or adversity.
They act as a buffer against life stress-
ors. Protective factors include:
Personal:
Problem-solving skills
Ability to self-regulate
Positive self view/self esteem
Talents and skills
Self efficacy
Faith and sense of meaning in life
Positive life outlook, even in
hard times
Experience coping with life
adversity
Internal motivation
Family:
Close relationships with positive,
supportive parents/family
Organized home environment
Caregivers involved in education
Caregivers who value education
Caregivers with individual protec-
tive factors
Caregivers with democratic par-
enting style
Community
Close relationships with compe-
tent, prosocial, supportive adults
Connections to prosocial, rule-
235
Strength-based interventions look beyond a childs problem be-
haviors. They emphasize the childs strengths and protective factors
that promote resilience. They look for solutions to a childs problems
instead of dwelling on the problems themselves. They stress positive
relationships and social connections that can support and help the
child change behaviors. This approach creates a safe, trusting envi-
ronment in which the child is more open and less guarded and able to
take positive steps to address past trauma and victimization.
abiding peers history of poor interpersonal relation-
Romantic relationships with pro- ships is often reflected in the childs
social, well-adjusted partners behaviors, including disrespectful or
aggressive actions towards others. Be-
Ties to prosocial organizations
haviors adapted over time in response
Attending an effective school to trauma or victimization may be
Living in a supportive, protective maladaptive in the childs current life.
neighborhood One way to help children gain
Living in a neighborhood with insight into healthy interpersonal dy-
high public safety namics is to help them understand the
reciprocal nature of relationships. An
effective tool to demonstrate the give
and take in relationships is the Throw
Rather than focus on details
the ball against the wall metaphor.
of a childs problems, explore Using a soft ball, such as a stress ball,
solutions or exceptions to toss the ball to the child while explain-
problems. ing:
When we throw the ball softly, we
5. Ask solution-focused questions. show respectful/prosocial behavior
Rather than focus on details of a towards others. In return, we get
childs problems, explore solutions or back respect and prosocial behav-
exceptions to problems. For example, ior from others.
when working with an aggressive When we throw the ball hard, we
youth, ask: show disrespect and aggression
Tell me about a time when you towards others. In return we get
didnt act out. What made you disrespect and aggression back
stop? How did you feel after? from others.
Tell me about a time you helped Be prepared: even when throwing the
someone. Why did you help? How ball softly to the child, the child will
did that make you feel? likely throw it back hard at first. Hang
Tell me about a time when you felt
in there and continue to throw the ball
like hurting yourself but didnt. softly. In time, and as understand-
What did you do to stop yourself? ing begins to take hold, the child will
begin to throw the ball back softly.
6. Help the child gain insight into
These six strategies will get you
healthy vs. unhealthy interper- started. Want more? Visit Kevin Pow-
sonal dynamics. ells website: www.kevinpowellphd.
Trauma and childhood victimization org
can impair a childs ability to establish
and maintain healthy relationships. A Claire Chiamulera is CLPs editor.
CLP Online www.childlawpractice.org Vol. 33 No. 12
TECH TALK
Putting Social Media to Work for You
A s social media use becomes more prevalent across all age
groups and segments of society, professionals are incorporat-
ing it into their business practices. Attorneyseven those in the
public sectorcan benefit from using social media.
At a recent ABA webinar, Putting
Social Media to Work for You, two
panelists explained how social media
and blogs can help lawyers:
enhance their client base and pro-
fessional network;
broaden their knowledge base; and
increase career opportunities.
Why Use Social Media
Build your professional network
A social media presence can help
attorneys reach new potential clients
and connect with colleagues who can
make referrals. Think of it like word
of mouth, said lawyer panelist Kevin
OKeefe, CEO of Seattle-based Lex-
Blog, which helps lawyers worldwide
network via blogs and social media.
Follow these tips to build your net-
work with social media:
Think of social media as you
would in-person networking and
word-of-mouth.
Connect with people online before
attending a national conference to
help break the ice more quickly.
Get out of your comfort zone.
Reach new clients and save money
over ads in yellow pages.
Build relationships with people;
let them get to know you. People
like to work with people they like.
Learn from others in the field
By engaging with other professionals
in your field on social media, whether
by friending them on Facebook or
following them on Twitter, youre
gaining access to the information they
236
by Alanna Pawlowski
share. This is valuable even for public
defenders, because youre learning
from people in spades, from coast to
coast, OKeefe said. Lawyers can
use social media to stay up-to-speed
on developments in their field, which
ultimately leads to better representa-
tion for clients.
When it comes to blogging, writ-
ing blog posts forces you to stay
A social media presence
can help attorneys reach
new potential clients and
connect with colleagues
who can make referrals.
current on issues in your area, said
panelist Nicole Black, attorney and
co-author of Social Media for Law-
yers: the Next Frontier, published by
the ABA. Blogs can be a great tool
to stay abreast of issues and cultivate
relationships.
Transition to a new job or
practice area
Social media and blogging can be
useful when looking for a new job or
moving into a new practice area.
If youre considering switching fields,
Black suggested writing blog posts
about cases in the practice area and
about others blogs who are already in
that field. You can share your posts on
social media and inform authors that
youve written about their blog.
LinkedIn is also a key social media
platform to use when seeking a new
job. You can post resume information
and use LinkedIn connections to find
job opportunities.
CLP Online www.childlawpractice.org
Where to Start
Decide which social media
platform to use
Dont rush into creating a social media
account if you arent familiar with it.
Take time to evaluate what you want
to accomplish with social media and
pick up a working understanding of the
tools before deciding which networks
to use.
OKeefe suggested trying out one
social media network, such as Face-
book or Twitter, and giving yourself
a goal of 90 days to start seeing how
it might work for you. He suggested
setting a longer timeframe to gain a
complete understanding of what net-
working on the Internet is and how it
fits into your professional life.
Regardless of your social media
goals or preferences, the panelists
agreed that lawyers should at minimum
have a profile on LinkedIn. While
LinkedIn is considered social media,
its not necessarily social, explained
Black. It is valuable to create a
LinkedIn profile about yourself and
your work even if you dont go to the
next level and actively share and con-
nect with others.
Determine if you want a separate
personal profile
The webinar addressed whether or not
professionals should have a personal
profile that is separate from their pro-
fessional profile. Both panelists said
they have just one profile page for each
social media platform, but are mindful
about what personal information they
post. Black, for example, does not refer
to family members by name in her
posts. She will, however, post about
what she cooked for dinner, where
shes traveling, and other thoughts.
The benefit of having a combined page
is that people can get to know you
more personally, similar to how they
might at an actual networking event.
Vol. 33 No. 12
How to Use it
Once you have a social media profile
set up, take these steps to get the most
from it.
Choose your connections
The panelists stressed taking time
to curate your connections and find
people who can give you good infor-
mation. OKeefe suggested being pro-
active and looking for national experts
in your field, local practitioners, and
people who post frequently.
The panelists warned, however,
about being too selective in accepting
others requests to connect, especially
on LinkedIn. This isnt a Rolodex,
its learning who you like, who has
relevant interests, OKeefe said.
Both OKeefe and Brown will look at
a potential connections background
and generally accept the connection
request.
If you notice someone you are
connected with is posting inappropri-
ate content, you can choose to have
their posts stop appearing in your news
feed. On Facebook or LinkedIn, this
will allow you to remain connected
but not have their posts appear in your
news feed. Other times, it may be best
to completely disconnect from them.
Decide what to share
Dont get too caught up in
your own posts
Learn to listen to others and share their
content as well. OKeefe has created
what he calls social media equity on
his Twitter page. Others share his posts
and follow him because they know he
shares others content too.
As mentioned earlier, sharing both
personal and professional information
can help strengthen your connections.
When it comes to sharing political or
religious beliefs, consider possible
outcomes. Black suggested thinking
about why youre on social media and
who will potentially be offended. If
you really want to share personal be-
liefs, accept that some clients may not
hire you or may form opinions about
you based on them.
237
Managing Social Media
With a firm understanding of social media, try these advanced tools to make
you more efficient. Bring multiple social media feeds and news sites to-
gether as one. Create lists and filters so you see only the best, most relevant
content.
Flipboarda mobile app that collects content from social media,
blogs, and publications and presents it by topic in an image-heavy,
magazine-like format.
Prismatic (for Facebook and Twitter, only on Apple products)this
website and mobile app learns your interests and suggests relevant sto-
ries for you to read. It can also show stories others in your network are
sharing.
RSS feedspresents the latest content and articles from a single news
website or blog.
Feedlya website and mobile app that gathers stories from multiple
RSS feeds and organizes them for you by topic and interests.
Manage how you share information across multiple social media platforms.
Get analytics to gauge your effectiveness.
Bufferallows you to share articles, images, and videos directly from
web pages to various social media accounts. Connect it with your
post-gathering tools, such as Feedly, to share directly from those feeds.
Schedule posts for the future and get recommended posting times for
optimal engagement
Sprout Socialmanages posts for multiple accounts with an emphasis
on advanced engagement analytics and reports; no free account options.
HootSuite (best for Twitter, but works with other networks)send,
schedule, and receive posts for multiple social media accounts and orga-
nize them into lists; get basic analytics.
Think through ethical issues trying to listen to all the radio stations
Be sure to review your states ethics in Chicago at once, OKeefe said. He
rules on social media, if any. Black gave an example of a favorite list he
suggested doing a quick search for any created with all of the reporters in the
ethics guidelines and being aware of U.S. who cover courts. Creating the
them as you post and interact on social list took about two hours, time he said
media. was well worth it.
Other social media tools can help
Manage your feeds you effectively manage your feed and
On social media, posts from the people posts. See the sidebar to learn more.
youre connected with on a social me-
dia site are funneled into your feed. How Much Time to Spend
Twitter has a built-in feature called Because of the wealth of information
lists to help you manage your feed. on social media, decide how much
Using Twitter lists, you can group time per day youre going to spend to
people based on categories you set, avoid getting lost in the sea of social
such as relevant topics. This cuts media.
through the massive amount of Twitter Black suggested spending 20-30
posts, which otherwise can seem like minutes each morning getting caught
CLP Online www.childlawpractice.org Vol. 33 No. 12
up, learning, and simultaneously re-
purposing and sharing content.
OKeefe advised spending about five
hours per week on social media. He
makes an effort to share about 25 posts
each day, both his and others, on
Twitter.
In the end, social media is about
connecting with others in a way that
is meaningful to you. These tools
are not anything new, said OKeefe,
emphasizing that lawyers have always
gotten clients and built relationships
from word of mouth and networking.
And while the learning process may be
slow for those not yet well-versed in
social media, OKeefe said the results
come quickly after that.
Alanna Pawlowski is a program
assistant at the ABA Center on
Children and the Law.
A video recording of the webinar can
be purchased at: http://shop.american-
bar.org/eBus/Store/ProductDetails.
aspx?productId=136665194
Save the Dates
Summer 2015 Conferences
Sponsored by:
ABA Center on Children & the Law
Washington, DC
July 21, 2015
Preconference on Trial Skills
for Parents Attorneys
July 22-23, 2015
4th National Parent
Attorney Conference
July 23, 2015
Preconference on Kinship Care
July 24-25, 2015
16th National Conference on
Children and the Law
Learn more:
www.ambar.org/CCLconf2015
238
TRENDING
Understanding Childhood Domestic Violence
by Claire Chiamulera
W hen thinking about domestic
violence, certain words come to
mind: women, abuse, violence, beat-
ing. Children are rarely mentioned,
according to Brian Martin, founder of
CDV-Children of Domestic Violence.
Martin, author of the new book
Invincible: The Ten Lies You Learn
When Growing Up with Domestic Vio-
lence and the Truths to Set You Free, is
working to change that. He spoke at a
webinar hosted by the National Chil-
drens Advocacy Center on November
11, 2014.
Recognizing CDV
According to Martin, terms associated
with children and domestic violence
include: abuse, emotional/verbal
abuse, dysfunctional, child witness to
intimate partner violence, and witness
to violence. Yet these words are not
widely used or known, reflecting soci-
etys uncertainty and lack of recogni-
tion of the issue, he said.
Martin cited UNICEFs recent
finding that interpersonal violence af-
fecting children is one of the greatest
human rights problems of our time.
He also cited growing evidence of the
intergenerational nature of childhood
domestic violence. More than half
of children who experience domestic
violence are being raised by adults
who experienced childhood domestic
violence themselves, he said.
Impact of CDV
Exposure to violence in the home
negatively wires the childs developing
brain, said Martin. He explained that a
series of negative beliefs are encoded
in the brain early in life. Common
beliefs include guilt, anger, fear, self-
consciousness, resentfulness, loneli-
ness, hopelessness, worthlessness, and
feeling unloved. These beliefs shape
a childs feelings about him or her-
self and are manifested in the childs
CLP Online www.childlawpractice.org
behaviors.
We act and feel in accordance
to what we believe about ourselves,
said Martin. He cited statistics show-
ing that children who grow up with
domestic violence are:
Six times more likely to commit
suicide
50 times more likely to be ad-
dicted to drugs or alcohol
74 times more likely to commit
violent crime
More likely to be incarcerated
90% of prisoners came from
homes with domestic violence.
Growing up with domestic vio-
lence as a child is also the single best
predictor of whether someone will be
in a domestic violence relationship as
an adult, said Martin. He stressed the
need for professionals to focus efforts
on this aspect to turn things around.
A Childs Resilience
Children affected by domestic vio-
lence can transcend their circumstanc-
es, said Martin. He attributed this to
the childs resilience. Resiliency hap-
pens when an adult steps in and helps
the child unlearn what was learned,
said Martin. Through this process the
brain begins to find evidence for the
truth and replaces negative beliefs
with positive ones. Its hard to have
compassion for yourself if you dont
know youre hurt, said Martin. Simi-
larly, Its hard to trust others when
you dont trust yourself. By tapping
the childs ability to reframe negative
beliefs into positive ones, the child is
helped to reach his or her full poten-
tial.
To learn more about CDV, visit www.
cdv.org. For copies of Martins book,
visit: www.invinciblethebook.com
Claire Chiamulera is CLPs editor.
Vol. 33 No. 12
CULTURAL VIEWS

Being Poor Is Not the Same Everywhere

How Poor Youth View Their Communities Affects Their Health and Well-being

Y oung people growing up in impoverished neighborhoods who

perceive their poor communities in a positive light report
better health and well-being than those with worse perceptions of
where they live, new research led by the Johns Hopkins Bloomberg
School of Public Health suggests.
As part of the Well-Being of
Adolescents in Vulnerable Environ-
ments (WAVE) study, researchers sur-
veyed nearly 2,400 adolescents ages
15 to 19 in poor sections of five cities
across the world: Baltimore; New
Delhi, India; Ibadan, Nigeria; Johan-
nesburg, South Africa; and Shanghai,
China. The survey was conducted in
2013.
In each neighborhood, the re-
searchers found that teens are vulnera-
ble to health challenges from dirty and
crowded physical environments, few
education or job opportunities, fre-
quent encounters with violence, crime
and drugs, and limited health services.
But the researchers discovered stark
differences in how the adolescents
perceived their surroundings, finding
for the most partthat those with
more positive perceptions had better
health outcomes.
The findings are described in five
reports that make up a special supple-
ment to the December issue of the
Journal of Adolescent Health. The
work was done in conjunction with re-
searchers from the Population Council
in New Delhi, the Shanghai Institute
of Planned Parenthood Research, the
University of Ibadan/University Col-
lege Hospital and the Witwatersrand
Reproductive and HIV Institute in
Johannesburg.
Being poor is not the same ev-
erywhere, and a lot of it has to do
with how adolescents perceive their
communities, says one of the study
leaders, Kristin Mmari, DrPH, an as-
sistant professor in the Department of
Population, Family and Reproductive
the worlds richest nations per capita,
the researchers found that teens in Bal-
timore face high rates of mental health
problems, substance use, early age of
first sexual experience and pregnancy,
and sexual violence. Contrast that with
adolescents in New Delhi, India, a
Health at the Johns Hopkins Bloom- city in a significantly less prosperous
berg School of Public Health. For nation, where the teens report little de-
young people living in poverty, resid- pression, cigarette smoking, pregnancy
ing in a high-income country seems or sexual violence.
. . . the researchers discovered stark differences in how the
adolescents perceived their surroundings, finding for the most
partthat those with more positive perceptions had better health
outcomes.
to matter far less than the immediate Among the five sites, the worst
surroundings in which they develop health outcomes were found in Balti-
and grow. more and Johannesburg, where teens
Mmari says that teens in each gave their communities very poor
city were told to photograph their scores in terms of physical environ-
surroundings. Teens in Ibadan took ment and violence. In these two sites,
photographs of heaps of garbage on young people spoke of the lack of a
the streets of their neighborhoods and support system and absentee parents.
rated their communities very high, A significant number of young people
while Baltimore teens took similar also told researchers there was no-
pictures and rated their communities where they felt safe, whether in their
very low. homes or outside.
The differences were striking in While Baltimore and Johannes-
many ways. Despite residing in one of burg appeared to be the most toxic,
Compare & Contrast
Teens perceptions & health experiences in two poor communities
Baltimore, MD New Delhi, India
City in highly prosperous City in significantly less
nation. prosperous nation.
Teens rate community Teens rate community
very low. very high.
Teens face high rates of Teens report little
mental health problems, depression, cigarette
substance use, early age smoking, pregnancy or
of first sexual experi- sexual violence.
ence and pregnancy, and
sexual violence.

239 CLP Online www.childlawpractice.org Vol. 33 No. 12

adolescents in the other cities also had
elevated levels of mental health prob-
lems and substance use relative to the
general population.
The concern is that toxic envi-
ronmentsno matter where they are
foundcompromise adolescent health
and well-being in the short-term, and
can predispose young people to con-
ditions that predict long-term health
troubles and shortened life spans.
Young people who grow up in
economically impoverished com-
munities live with persistent fear, an
increased sense of vulnerability and
more environmental distress, says
Robert Blum, MD, chair of the De-
partment of Population, Family and
Reproductive Health at the Johns
Hopkins Bloomberg School of Public
Health, who wrote an editorial accom-
panying the studies and is co-principal
investigator of the WAVE study.
These, in turn, set the stage for life-
long chronic health problems. Our re-
search shows us that place and health
are inexorably intertwined.
Across the sites, boys reported to-
bacco, drug and alcohol use to be their
primary health concern, while girls
identified sexual vulnerability.
Pregnancy did not appear to be an
American Bar Association
Center on Children and the Law
1050 Connecticut Ave., NW, Suite 400
Washington, DC 20036
240
issue in Ibadan, New Delhi and Shang-
hai, where sexual encounters were re-
ported to be relatively rare. But among
girls who were sexually experienced,
in Baltimore more than 50 percent had
been pregnant as had 29 percent of the
girls in Johannesburg.
Also, more than 25 percent of the
adolescent girls in Baltimore, Ibadan
and Johannesburg who had ever had
partners reported experiencing intimate
partner violence in the previous year
and more than 10 percent of the ado-
lescent girls in Baltimore and Johan-
nesburg reported sexual violence com-
mitted by someone other than a partner
in the previous year.
These findings are important,
Blum says, because no longer are in-
fectious diseases the major killers of
young people. Today, six of the top 10
causes of death among young people
aged 10 to 24 are road traffic acci-
dents, self-inflicted injury, interper-
sonal violence, drowning, fire and war,
with the seventh, HIV, highly influ-
enced by behavior and social contexts.
Also, half of adult disease has its pre-
cursors in childhood and adolescence:
smoking and other substance use, obe-
sity, lack of exercise, stress and social
adversity.
CLP Online www.childlawpractice.org
Teen Health Trends
Top reported health concerns
Girls: sexual vulnerability
Boys: tobacco, drugs and alcohol
6 top causes of death among
young people aged 10 to 24:
1. road traffic accidents
2. self-inflicted injury
3. interpersonal violence
4. drowning
5. fire and war
6. HIV
The research in the supplement
was supported by Young Health Pro-
gramme, a partnership between Astra-
Zeneca, the Johns Hopkins Bloomberg
School of Public Health and Plan In-
ternational, a global childrens charity.
In Ibadan, the study was funded by the
Bill and Melinda Gates Institute for
Population and Reproductive Health
at the Bloomberg School through its
funding to the Centre for Population
and Reproductive Health, University
of Ibadan.
Newswise
Vol. 33 No. 12