The Docket- The Children’s Law Center
Learn and Connect
Ashley Lane, Esq.
I
attended the National Association of Counsel for Children (NACC) Conference in Atlanta, GA from August
26-28, 2013. The focus of the conference was child
welfare and child protective cases, as opposed to custody
and visitation issues. However, as there is overlap in these
areas, many of the sessions discussed issues that we often see in the CVO practice. In general, I found it to be
a rewarding experience to interact with practitioners and
jurists from other jurisdictions. It was gratifying to have
discussions with other conference attendees about their jurisdictions and hear the panel speakers talk about things
that are already being implemented here in New York City.
For example, on the second night of the conference a documentary was shown called “From Place to Place,” which follows the lives of three teenagers who grew up in the foster
care system and their efforts to lead reform of the foster
care system, particularly in the area of extending foster
care placement until the age of 21. The main point of the
film is that many teens age out of foster care ill-equipped
to live on their own. Here in New York, there is already a
system in place where teenagers can opt to remain in foster
care until they turn 21. I am glad we have the system, but
there are some challenges with it and that is where our AFC
advocacy is impactful.
In addition to learning about big issues that impact the
practice of child welfare law, I found the most beneficial
aspect of the conference to be the practical tips that are
learned from interacting with other practitioners. During
Lauren McSwain and B.B. Liu’s presentation on practical
ways to work with the family court population, one practitioner shared that she uses Google Voice, a free service
from Google, in order to communicate with her clients via
text message so that she does not have to share with them
her personal telephone number. I found this to be a great
tip because a lot of litigants and clients ask for us to communicate with them via text. Another session I attended
was A View from the Bench, where three judges from different jurisdictions, including Hon. Erik Pitchal, a Bronx
County Family Court Judge, spoke about their experiences
on the bench. Judge Pitchal discussed what he called “core
values” that he looks for in the attorneys that appear before
him. His values are: 1. Respect for litigants, 2. Family Court
is a real court and even though it is fact intensive, case law
should still be used; and 3. Be knowledgeable and prepared.
18? CLCNY Fall/Winter 2013
Hon. Amy Pellman, a Family Court judge from Los Angeles
County, tailored her remarks specifically to the role of the
AFC in a case. Some of the advice she offered was that the
AFC should be the expert in asking a child questions when
a child is in court testifying; the AFC should give the court
a realistic view of the child’s capabilities;, and that it falls
to the AFC to alert the court as to how a child defines and
understands certain words and concepts. Judge Pellman
also discussed the use of psychotropic medication, noting
that children in foster care are prescribed drugs more often than children in the general population. Due to that,
AFCs should be informed as to the type of medication, the
prescribing doctor, and intended purpose of the medication to make sure that a child’s medication continues, even
if their placement changes. What I took from Judge Pellman’s comments is that the AFC should be an advocate for
their client in all aspects of the client’s life, not just what
is happening in court. While her remarks were specific to
child welfare cases, all of what she offered could be applied
to a CVO case, as children often have to testify in open court
and not in camera in Family Offense hearings and many
of our CVO clients have mental health diagnoses and are
prescribed medication.
Overall, I enjoyed the conference and feel that I learned a
lot to bring back to my colleagues and implement in my
practice.
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