See N.Y. Fam. As Ms. Barrow and her defense team were making these strides, two intervening actions were taking place, either of which had the potential to negatively impact the prospects of a successful outcome. Parent lawyers who fail to participate in the development of a case plan and who wait until going to court to advocate for their clients often discover that the original plan developed at the case conference will remain in place throughout the proceeding.66. That was the critical step that led to the successful resolution of the case. The defense team then went into action. When the surgeon understood that Mr. Sanchez was willing to consent to the surgery if the next round of nonsurgical treatment in Mexico did not prove helpful, the surgeon concluded that Mr. Sanchezs choice was perfectly reasonable. As this case discussion reveals, the amount of out-of-court advocacy involved is well beyond what panel lawyers generally are able to provide or have ever been able to provide in New York Citys history of parental representation. And once the amount of visits was increased, the next step eventually would be returning Sophia to Ms. Greens custody. She asked her mother to take Sophia to see a doctor because Ms. Green had to be at work. Ct. Act 1089 (McKinney 2020). Full-time. He explained that even though the surgeon recommended that Eduardo undergo surgery to repair the hip, the surgeon also acknowledged the risks associated with the surgery. 22. Special thanks go to Caitlin Becker, Michelle Burrell, Michele Cortese, Emma Ketteringham, and Lauren Shapiro for making it possible for this Article to have been written. Legal Services of New York was awarded the contract in Brooklyn. Without the offices housing advocacy, Ms. Barrow would have had no home for her newborn to return to. In an effort to settle the case promptly, the defense team requested a court conference where they explained to the agency attorney and caseworker, as well as Eduardos court-appointed lawyer, what transpired since the petition was filed. The family defender offices met regularly over the first decade of practice to strategize how to challenge unacceptable practices engaged in routinely by child welfare agencies. [Our lawyer] was a friend. It also is important to appreciate how the offices support the professionals emotionally. In fiscal year 2018, the office was assigned to represent more than 1,500 parents with approximately 3,500 children.26 The Neighborhood Defender Service has represented over 1,600 parents between 2014 and 2017.27, This arrangement, assigning a portion of new filings to a family defender law office and the remainder to panel lawyers, created an opportunity to study which kind of representation works best. for Family Representation, at 1). Office of Research & Analysis, How Does High-Quality Legal Representation for Parents Support Better Outcomes? How, if at all, have they addressed the concerns that led to the initial placement? 95. Once the report was provided to the court, the judge ordered that the newborn be returned to Ms. Barrows custody in light of the risk assessment and proof that the conditions in her apartment were vastly improved. Our Preserving Family Bonds team enhances the representation we provide to clients at the later stages of a case, including termination of parental rights, should a parent be faced with this possibility. Generally, family court judges look most favorably upon parents who attend visits frequently and are able to work with the foster care agency to gradually increase the independence of visits from those supervised at the foster care agency to unsupervised overnight visits in the home of the parent. By 2014, five family defender offices had contracts to represent parents.93 In some parts of New York City, family defender offices handle the vast majority of new cases filed. The examining doctors asked Ms. Greens mother what may have happened to Sophia and her mother was unable to provide them with a satisfactory answer. Mr. Sanchez brought Eduardo to a public hospital for medical attention. They provide the opportunity to enter a field with an ambitious social justice vision.62. The problem, of course, is that the surgeon would not have written that letter without the very effective advocacy Mr. Sanchezs team brought to the meeting with him. Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. At the current time, BDS physical offices are open by appointment only. 26. Even though Sophias injury was an accident, court calendars are so backed up that it takes many months from the date of a filing to get to a trial on the facts. Our Medically Complicated Team defends parents facing allegations that stem exclusively from a medical opinion. Brooklyn Defender Services. Each of the three offices had a distinct corporate structure. At the end of the nine-month period, the case was dismissed. 8 Brooklyn Defender Services jobs available in Brooklyn, NY on Indeed.com. Then she engaged a cleaning service to address the roaches and the condition of Ms. Barrows home. In 2013, the Legal Services NYC contract ended, and the South Brooklyn Services Office that was handling the Brooklyn Family Court caseload merged with Brooklyn Defender Services, a preeminent public interest law office with contracts to represent indigent defendants in criminal cases as well as immigration and other matters. Lucas A. Gerber et al., Effects of an Interdisciplinary Approach to Parental Representation in Child Welfare, 102 Child. Res. We push for equitable and humane policies by advocating for better laws, filing systemic litigation and educating the public. Agencies too often offer parents little help or guidance in obtaining services, commonly doing little more than providing a parent an address and expecting the parent to find the service, make the appointment, and wind his or her way through a maze of confusing requirements. The supervisor denied the request, approved the caseworkers leaving the conference, and explained that the agency had all the information it needed. This catch-22 problem made preventing Ms. Barrows eviction vital on multiple fronts. Skip to main content. P (718) 254-0700; F (718) 254-0897; E info@bds.org; Facebook; Twitter; Practice, Brooklyn Defender Serv., at 2), http://bds.org/wp-content/uploads/2018.08.16-BDS-testimony-to-the-Commission-on-Parental-Representation-FINAL.pdf [hereinafter Schreibersdorf & Shapiro written testimony]. It set up a meeting with the surgeon and invited the child protection agency to attend so that it could hear the more complete picture. 32. Ms. Shapiro oversees an interdisciplinary staff of over 90 attorneys, social workers and administrative staff and directs the litigation and policy activities of the practice. Because the agency caseworker failed to attend this medical conference, however, the agency continued to insist in court that the surgery was required and assert that the surgeon considered Mr. Sanchezs refusal to consent to the surgery as placing Eduardo at serious risk of harm. Commn on Hum. Missing from the quantitative study are the number of times out-of-court advocacy persuades the local child welfare agency not to file a court case in the first place. See also id. Prior to joining the faculty at Brooklyn Law School, Professor Lorr was a Supervising Attorney at Brooklyn Defender Services Family Defense Practice, providing free legal representation to parents at risk of losing their children to foster care. 2 (updated July 2019), https://caseyfamilypro-wpengine.netdna-ssl.com/media/SF_Quality-parent-representation_fnl.pdf; see also Martin Guggenheim & Susan Jacobs, Providing Parents Multidisciplinary Legal Representation Significantly Reduces Childrens Time in Foster Care, Child L. Prac. See supra note 18. Ms. Green did not provide a clear answer, and she said she wondered whether it happened when Sophia fell off a bed. FDP represents over 4,000 parents and caretakers each year in Abuse and Neglect and related cases in Brooklyn Family Court. 30+ days ago. E communityoffice@bds.org. Effects of an Interdisciplinary Approach, supra note 1, at 43. The offices, unlike the panel lawyers, do not think solely in terms of when is the case next in court. 71. In 1972, New Yorks highest court ruled that parents have a constitutional right to counsel in child welfare proceedings.7 In 1975, the legislature codified the ruling and created a statutory right to counsel for indigent parents in child welfare proceedings.8 The legislation delegated authority for funding and managing parental representation to the counties.9. In that capacity, she also represented parents in a wide range of matters related to family law . In addition, the social work staff helped Ms. Green coordinate and expand visitation. This sometimes happens when the mother has no prior involvement with the child welfare system but behaves at the hospital in a manner that leads hospital personnel to call in a report of suspected child abuse. As Chris Gottlieb explained: Perhaps most important for staff, these organizations offer the emotional support and grounding needed to do extremely hard work in the trenches: a professional home to go back to after a difficult day in court; knowing your colleagues will listen and understand; being part of a team. Generally, two of the most important factors in securing the return of a child to parental custody are participation in agency-recommended services and favorable foster care agency reports about parent visits with the child. Brooklyn Defender Services 566 Livonia Avenue Brooklyn, NY 11207. About BDS Our Commitment Defend People and Society At the end of the six months, the case was dismissed. Article 10 Attorney for the Family Defense Practice Team. Several years earlier, she gave birth when she was still in foster care. Brooklyn Defender Services (BDS) is seeking Entry Level Attorney Candidates for the Family Defense team. I had never been so scared in my life. See N.Y. Cty. The final order terminating her parental rights was entered a mere six weeks before Ms. Anderson, now in the late stages of her pregnancy, met with social workers at the unit. By now, two additional months had passed, and the surgeon thought it wisest to order a new series of x-rays before making any decision that day. Three months later, the two children in foster care were reunited with their mother and the family has lived together without further intervention by the agency. The clogged courts calendar, however, meant that the court could not conduct the evidentiary hearing immediately. See N.Y. County Law 722-c (allowing judges to authorize counsel assigned through the 18-b panel to engage social workers to assist in the representation of indigent clients); N.Y. Cty. 91. Jail Services Attorney/Advocate. Effects of an Interdisciplinary Approach, supra note 1, at 53. But then, a second intervening event occurred, dramatically changing the entire picture. at 4648. at 17, 3839 (oral testimony of Angeline Montauban, parent). In the agency process side of the case, parents are obliged to meet with caseworkers, supervisors, and other employees of the agency responsible for monitoring the parents actions throughout the life of the case. For current information on these offices, see Family Defense Practice, Bronx Defenders, https://www.bronxdefenders.org/our-work/family-defense-practice/ (last visited Oct. 18, 2020); Family Defense, Brooklyn Defender Serv., http://bds.org/practice/family-defense/ (last visited Oct. 18, 2020); Family Defense Teams, Ctr. Article 10 Attorney for the Family Defense Practice Team. Our Law & Appeals attorneys work on special legal proceedings, including appeals and special motions in family court. No case is filed; no court time is taken up; no court personnel are assigned to the matter. 26 days ago. See In re Philip M., 624 N.E.2d at 172. That is what it prepared for when it represented Ms. Anderson. Contacting a BDS Staff Member . In re Ella B., 285 N.E.2d 288, 290 (N.Y. 1972). The Family Defense Practice at Brooklyn Defenders has been representing parents and other caregivers in Family Court since 2007. 83. The teams successful representation of Mr. Sanchez began with a careful, nuanced interview with him allowing the social worker, who was fluent in Mr. Sanchezs native language, to grasp that he never was unalterably opposed to the surgery but merely wanted one more opportunity to see if it were preventable. Hearing (Sept. 27, 2018) (written testimony of Ctr. Neighborhood Defender Services of Harlem shares cases in New York County with the Center for Family Representation, and the Center for Family Representation has a second contract to provide parental representation in Queens. Accepting these conditions, Ms. Andersons lawyer requested that the court hold a status conference for the case within the following month to be convened by the judge. 20. 62. Commn on Parental Legal Representation, Interim Report to Chief Judge DiFiore 1215 (2019). These lead to tragic outcomes, such as death at the hands of police or in jail and oppressive environments in schools and neighborhoods where low-income people of color live. [or] ensure that clients receive necessary services and prepare appropriate service plans . 12. The petition alleged that the skull fracture could only have been the result of child abuse and Ms. Greens failure to provide a sufficient explanation for the injury justified placing Sophia in foster care. Admin. In this sense, family defenders make child welfare work better. My professional experiences in New York City include founding and co-directing the Family Defense Clinic at New York University School of Law; serving as a Founding Board Member for the Center for Family Representation; being a member of the Board of Advisors for the New York City Administration for Childrens Services from 1996 to 2013; and, most recently, since 2017, serving as a member of the New York State Commission on Parental Legal Representation. The essence of the kind of representation offered by the three offices that were part of the study (as well as the template for the work done by the Neighborhood Defender Service of Harlem, the fourth office doing this work in New York City) is that clients receive a team of advocates, commonly including an attorney, a social worker, and a parent advocate. Bar Assn, https://www.americanbar.org/groups/public_interest/child_law/project-areas/parentrepresentation/ (last visited Oct. 19, 2020). See Casey Family Programs, How Does High-Quality Legal Representation for Parents Support Better Outcomes? This, in turn, most commonly means focusing on how parents have changed since the case began. The family defender office assigned to represent Ms. Green handles many of these cases each year and has become expert both in cross-examining medical experts called by the agency and at engaging and communicating with knowledgeable physicians able to provide their expert medical opinion on whether an injury is more likely to be the consequence of abuse or an accident. Bronx Defenders began as an organization that only did criminal defense. Without the surgeons letter, the case almost certainly would have ended with the court ordering the surgery in a legal proceeding that would have lingered for months. There are too many heroes in those offices to name here; this Article is a celebration of the remarkable work they do every day supporting and fighting for justice for the many parents living in poverty who have to endure the coercive intervention of the child welfare system. Brooklyn Defenders provides a wide range of services, including assisting people who are facing an investigation, providing legal representation to people who are brought to court and helping to clear the records of people from databases that impact employment. Instead, her lawyers requested that the court order an Imminent Risk Assessment with the courts mental health clinic once the defense team was convinced that Ms. Barrow would be evaluated to present no risk to her newborn. . 30+ days ago Full Time. Browse 12 jobs at brooklyn defender services near Brooklyn, NY. Brooklyn Defender Services corporate office is located in 177 Livingston St Fl 7, Brooklyn, New York, 11201, United States and has 609 employees. . 382 (2019) [hereinafter Accidents Happen]. When this happened, not only did she visit her children regularly, her defense team succeeded in persuading the judge (over the agencys objection) to permit unsupervised visits, commonly a necessary interim stage before courts will return children to a parents custody. Director of Brooklyn Defender Services' Family Defense Practice. Find A Defender; Get Help; Donate; en What do you need help with? from Columbia Law School and graduated from Amherst College summa cum laude with a B.A. When Ms. Barrow went to housing court, her housing attorney presented a letter showing the Citys commitment to pay the arrears, and the case was settled in Ms. Barrows favor. After family defender offices complained about the problem and lobbied for a solution, the New York City Administration for Childrens Services changed its policy in 2019 in an announced All Staff Bulletin clarifying that If the parent is eligible for coverage, or assistance that they are not receiving, such as Medicaid or private insurance, the CPS or case planner must assist the family with applying for such assistance. The plan was to update the judge on Ms. Andersons progress and to request that the court schedule a formal hearing to determine if it still was necessary to keep the baby in foster care. Id. The non-profit organization, Brooklyn Defender Services, which provides legal defense to Brooklynites who can't afford private counsel, includes public defenders, lawyers in family practice . Through these discussions, they connected her to a social services organization in the community. Easily apply. for Child. Although the agency does not permit lawyers to attend these conferences, it does allow parents to bring anyone else to be present. To be eligible for assignments from the panel, lawyers must have a certain number of years of experience in the field and apply to be placed on the panel by a committee that reviews applications. On the judicial side, petitions are filed in family court and the allegations in the petitions are (sometimes) resolved through contested evidentiary hearings. Simultaneously, Ms. Greens attorneys and the social work staff worked closely together to help Ms. Green navigate the agencys service and visitation policies. Keeping families together requires striving to establish understanding and ensuring that the parents voice is heard through support and advocacy. It is here, at the exquisite level of facts, that the defender offices make their greatest difference. 30. for Child.s Servs. Press Inquiries. This Article serves to provide the reader with a deeper understanding of how the family defender offices actually do their work, in order to better explain how they achieve the results found by the quantitative study. 6, July/Aug. Ms. Barrow disclosed to her defense team that she was pregnant. See Effects of an Interdisciplinary Approach, supra note 1; see also Understanding the Effects of an Interdisciplinary Approach, supra note 4. & Youth Servs. . When parents lawyers are entirely uninvolved in shaping these plans, the fate of children and families is left to the skill and ability of the agency alone to identify correctly the critical needs of the family. As her due date neared, the defense team turned its focus to planning with Ms. Barrow for the babys arrival. Lauren Shapiro has been working as a Managing Director, Family Defense Practice at Brooklyn Defender Services for 16 years. One might reasonably suggest they are much more important than what happens in the courtroom itself. Such services might include attending parenting skills or anger management classes, or participating in therapy, counseling, or drug treatment programs. This Article is designed to bring to life the proactive nature of the multidisciplinary practice. Brooklyn residents are harmed and impacted by government policies and practices that fuel mass incarceration and the destruction of families. Apply to Staff Attorney, Family Medicine Physician, Project Supervisor and more! If the study discussions in the previous section show anything, it is that being at the table when the agency fashions the case plan is a critical stage in the proceeding with profound long-term implications for all that follows. Before going to housing court, the defender offices housing specialist contacted the City office that was providing the rental subsidy to explain the problem and was able to get the office to write an additional check to her landlord to eliminate all arrears on her rent. Instead, in New York City, the task was given to the Mayors Office of the Criminal Justice Coordinator, which had deep knowledge of the criminal justice system but no experience with the child welfare system. The social worker, fluent in English and Spanish, also served as a translator for Mr. Sanchez whose primary language is Spanish and whose command of English is limited. . 93. Brooklyn Defender Services, Family Defense Practice Main Industry Manufacturing, Test & Measurement Equipment Website www.bfdp.org Contact Information Headquarters 195 Montague St Fl 5, Brooklyn, New York, 11201, United States (347) 592-2500 Brooklyn Defender Services, Family Defense Practice Profile and History Once in court, families often face prolonged separation and years of supervision by the Administration for Children's Services. Livingston St / Smith St. & Youth Servs. See Will ACS Take My Child?, N.Y.C. Part II briefly describes the findings in the quantitative analysis. Her defense team at first consisted of a family court lawyer and a social worker. 89. A case like this would not even show up in the results found in the quantitative study, which focused on the length of time children remain in foster care and other outcomes of cases. $68,640 a year. Today, we are the primary provider of legal representation to parents facing the removal of their children to the foster system in Brooklyn Family Court. 88. Brooklyn Defender Services is a public defense office whose mission is to provide outstanding representation and advocacy free of cost to people facing loss of freedom, family separation. See N.Y. Fam. Although impressed by all the work Ms. Anderson and her team had begun, the agency nonetheless was unwilling to allow Ms. Anderson to go home with her baby. It added over the years an immigration practice and, in 2007, with this new contract, a family defense practice as well. Rev. After the second injury, he explained, he brought Eduardo back to the same surgeon with whom he met the year before. The defender offices employ a wide range of professionals on each clients legal team, including social workers, parent advocates, interpreters, specialized attorneys, experts, and investigators.