The Children's Law Podcast

• Set the Boundary or Plan the Quinceañera

  In this episode, John and Angela take on the difficult topic of creating and holding boundaries with child clients. Filled with nuance and contradictions, the topic of boundaries is challenging for many children's lawyers. We hope you enjoy the discussion!  Feel free to reach out with comments or episode ideas to Angela, at [email protected].

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  19:42

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  19:42
• How Do We Get Upstream?

  Preventive and pre-petition advocacy is not in all jurisdictions, but when the Title IV-E rule clarified that this representation was eligible for reimbursement, expansion increased. Angela asks Emilie Cook to explain how it works. Emilie is a Senior Attorney at the Barton Child Law and Policy Center at Emory University School of Law and leads the Preventive Legal Advocacy and Pre-petition Program National Cohort to focus on early intervention and holistic support for at-risk families.  The Barton Center has a PLA/PP Cohort that anyone can join to learn more, and here is a link to a fact sheet developed with the National Association of Counsel for Children. We hope you learned something new and valuable, and if you did, please rate and share the podcast!

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  39:14

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  39:14
• Your Client Caught a Charge - Now What?

  Despite progress, children involved in both dependency and delinquency proceedings still have higher risks for poor outcomes. Crossover, dually-involved, or dual-adjudicated youth have greater mental health challenges, poorer placement stability, and worse permanency outcomes. John, Angela and Deborah talk about what an already-busy child's attorney might do and, as importantly, why.

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  26:29

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  26:29
• I'm Not a Clinician, But...

  A LOT of the kids we're representing are being prescribed psychotropic medications - especially the older youth. John, Angela, and Deborah talk about ways children's attorneys can get more information and confidence in this area to effectively advocate for clients even if we don't have medical expertise: The NIH says children in foster care are 6.8% more likely to be prescribed psychotropic medication than their non-foster care peers. As children's attorneys and not medical professionals, it is not our role to diagnose, but it is our role to make sure decision-makers have complete information, ask questions, and make sure everyone has done their due diligence before our clients are added to this very high number. Some children need medicine but what's the full picture? Are the problematic behaviors related to a trauma response? Do they persist across all aspects of the child's life (home, school, etc.)? Are there other therapies or supports that should be used instead of or in addition to the medication? Is everyone following the law? Because of the severity of side effects of some psychotropic medications and because some are not approved for use in children specifically, most states have detailed statutes, administrative rules, and/or operating procedures. Sometimes just holding the system accountable to the child by ensuring the law is followed is enough to protect your client.

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  29:33

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  29:33
• Are 60,000 TPRs Necessary?

  In this episode, Angela interviews Professor Vivek Sankaran, Director of the Child Advocacy Law and Child Welfare Appellate Clinics at the University of Michigan's School of Law. Professor Sankaran encourages stakeholders to question whether TPR is in the best interests of as many children as we think it is. He and Angela talk about his article, The ties that bind us: An empirical, clinical, and constitutional argument against terminating parental rights, which found over 60,000 TPRs were granted annually between 2016-2019, despite a declining foster care population. While recognizing TPR is necessary in some cases, he poses some thoughtful questions for others.

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  35:52

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  35:52

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