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If you are not a current client and need assistance, click here to get help. Brooklyn Defender Services. That knowledge commonly results in the offices achieving better, faster results for their clients than the child welfare agency is capable of, with considerably less disruption of the family, eliminating or significantly shortening the time children are forced to live apart from their families. The clogged courts calendar, however, meant that the court could not conduct the evidentiary hearing immediately. 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. 18. Disclosing the news of her pregnancy and her decision to stop taking the court-ordered medication was an extremely delicate action risking not only her right to continue visiting with her children but losing custody of the newborn upon birth. Brooklyn Defender Services, Family Defense Practice On the morning the hearing was to be held, the agency attorney agreed that there no longer was a risk to returning the baby to her mother. Wholly apart from holding conferences during the time a case is being prosecuted in court, an even more critical component of the administrative process is ongoing. The leading characteristic of the offices method of representing parents is to participate actively in the case conferences held at the agency where the case plan for each case is established.65 These plans set the stage for all that follows and are often the single most important factor in a cases outcome. Brooklyn residents are harmed and impacted by government policies and practices that fuel mass incarceration and the destruction of families. SCO Family of Services Recognized by Brooklyn Defender Services for 26 days ago. Medical neglect is a common charge brought against parents in child welfare cases.82 Depending on the severity of the claimed neglect, the local child welfare agency may be seeking to place the child in foster care to protect the child from the parents failure to provide the child with adequate treatment or, less drastically, to secure court authorization to require that a child have a medical procedure it believes is necessary but that the parent refuses to allow. And when trouble brews and the local newspapers criticize government officials for failing to protect a child from harm (an unavoidable part of this work), the defender community actively participates in supporting the relatively low foster care population. Each of the cases described took place between 2015 and 2018. BDS | Home Schreibersdorf & Shapiro written testimony, supra note 24, at 5. The units signal distinction is making sure that someone from the defense team is present at the hospital when the baby is born and is available to participate in all meetings the agency will arrange to discuss the plan. Less than a year later, Eduardo sustained another injury in his hip. 8. Martin Guggenheim is the Fiorello LaGuardia Professor of Clinical Law at New York University School of Law. But often the agency seeks to remove newborns from the hospital in a case in which the agency has an ongoing involvement with the mother. For an excellent recent article describing the sophisticated family defense practice The Bronx Defenders has established when representing parents charged with child abuse based on unexplained serious injuries sustained by children, see Jessica Horan-Block & Elizabeth Tuttle Newman, Accidents Happen: Exposing Fallacies in Child Protection Abuse Cases and Reuniting Families Through Aggressive Litigation, 22 CUNY L. Rev. Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. Services Provided:NA Specialties: Other Address: 195 Montague Street, 5th Floor, is Brooklyn, is New York 11201 Phone: (347) 592-2500 Email: lshapiro@bfdp.bds.org . Even when the defenders were unsuccessful in preventing a case from being filed in court, the defender office was already familiar with the facts of the case and had a relationship with the parent. Emma S. Ketteringham et al., Healthy Mothers, Healthy Babies: A Reproductive Justice Response to the Womb-to-Foster-Care Pipeline, 20 CUNY L. Rev. Hum. $68,640 a year. 98. In that capacity, she also represented parents in a wide range of matters related to family law . The staff lawyers also benefit by having access to motions previously filed by colleagues in other cases and an administrative staff to help them efficiently file motions with the court.61 These offices have developed a deep knowledge of the communities their clients live in and strong ties with local resources and service providers. BDS | Get Help They also develop training materials to enrich and support the Family Defense Practice. 96. Among the most unsettling aspects of child protection intervention in New York City is the practice of the local child protection agency removing newborns from their mothers custody at the hospital. FAMILY DEFENSE. View job. The representation she received simply would have been impossible for most individual panel attorneys to match. 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. The teams social worker met with Ms. Barrows medication management provider to develop a plan for re-engaging with her medication upon the birth of the baby. Her defense team at first consisted of a family court lawyer and a social worker. Def., https://neighborhooddefender.org/services/family-defense/ (last visited Sept. 19, 2020). In countless cases over the past decade in New York City, pregnant parents have had the benefit of representation by one of the family defender offices before any case was brought against them. 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. 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. Commn on Parental Legal Representation, Interim Report to Chief Judge DiFiore 2629 (2019), http://www.nycourts.gov/ip/Parental-Legal-Rep/PDFs/InterimReport-FINAL.pdf. 26. And once the amount of visits was increased, the next step eventually would be returning Sophia to Ms. Greens custody. Since it began, the Brooklyn Defender Services' Family Defense Practice has represented nearly 11,000 parents involving more than 20,000 children. 30+ days ago. 63. In exchange for Ms. Anderson consenting to a finding that she neglected her child, the parties agreed to what is known in New York as an adjournment in contemplation of dismissal.81 The parties agreed to a settlement order that ensured that Ms. Anderson would have custody of her daughter and be subject to supervision for nine months on the understanding that the finding of neglect would be vacated and the petition dismissed in nine months unless the agency could show that Ms. Anderson placed her daughter at risk in the interim. Each of the three offices had a distinct corporate structure. There are still other differences between the offices, including the number of staff employed and the various positions each office created. We find safe, temporary families for children and teens throughout New York City and Long Island. When these errors are not revealed, the official record supports the erroneous conclusion that a child was removed from a parents home for a substantial reason. Brooklyn Defender Services (BDS) is seeking an experienced Attorney for the Custody Practice of the Family Defense Team. 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]. from the City University of New York (CUNY) School of Law where she was a Graduate Fellow, participated in the Defenders clinic and interned with the Capital Habeas Unit at the Federal Defenders of Philadelphia, the Neighborhood Defender Service of Harlem's Family Defense Practice, the Brooklyn Defenders . Beginning cautiously, New York City first awarded separate contracts for three of its five counties to three different not-for-profit organizations, each one authorized to accept court assignments in one county. After the second injury, he explained, he brought Eduardo back to the same surgeon with whom he met the year before. But, as the examples in this Article show, the offices undertake significant out-of-court work that dramatically impacts the child welfare practice in New York City. John B. Mattingly, Safety Planning for Newborns or Newly Discovered Children Whose Siblings Are in Foster Care: Child Safety Alert #14 (Revision), N.Y.C. Bar Assn, https://www.americanbar.org/groups/public_interest/child_law/project-areas/parentrepresentation/ (last visited Oct. 19, 2020). 347-592-2500. The father abused her after the babys birth and the agency brought a case against Ms. Anderson for failing to protect her child. 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. As impressive as the results of the quantitative findings are in showing a significant deduction of unnecessary days children spend in foster care in New York City, this Article strongly suggests that the defender offices have a far greater impact on the reduction of foster care.94. In addition, by being such a careful listener and advocate, the defender team also ensured that Mr. Sanchez felt supported during an especially challenging time in his life when he was forced to divert his attention from taking care of his son to defending his right to remain his sons parent. Funding for the study was secured from Casey Family Programs,28 one of the leading child welfare foundations in the country committed to supporting practices designed to ensure that children are able to be raised safely in their families of origin.29 An important question the study hoped to learn was whether the kind of legal representation made available to parents would have any impact on reducing the time children spend in foster care.30, The quantitative study was a multiyear study of child welfare cases brought in the New York City courts to determine whether the kind of legal representation provided to parents can make a difference in the outcome of cases.31 The researchers examined child welfare cases filed in New York City Family Court between 2007 and 2014; the final sample involved 9,582 families with 18,288 children.32 They used Propensity Score Matching as the statistical design, which equalized the groups of families compared on nearly twenty factors or covariates split into variables.33 This methodology allowed the researchers to attribute differences in outcomes between the two groups to the type of representation the parents received.34, The study compared the outcome of cases based on whether parents were represented by panel lawyers and parents who were represented by one of the family defender offices.35 Ultimately, the researchers traced the outcomes of nearly 10,000 families and their more than 18,000 children through a four-year follow-up period.36, The study found that the kind of representation afforded to parents makes a dramatic difference in the length of time children spend in foster care.37 Giving parents the right kind of legal team results in families being reunited far sooner than would otherwise happen.38 The family defense offices were able to secure the safe return of children to their families 43 percent more often in their first year than panel attorneys, and 25 percent more often in the second year.39 Giving parents lawyers from family defense offices allowed children to be permanently released to relatives more than twice as often in the first year of a case and 67 percent more often in the second year.40 These families may otherwise have been permanently dissolved or the children may have spent their childhood separated from their family. The Article ends with the conclusion that those committed to a child welfare system that avoids the needless separation of children from their families should embrace the new family defender model exemplified by the New York City offices whose work is described and celebrated in the Article. Homicide Unit Mitigation Social Worker . Easily apply. 93. Admin. Effects of an Interdisciplinary Approach, supra note 1, at 43. for Child. Moreover, in my experience, judges rarely overrule (or reconsider) the agencys assessment of what services are appropriate. Our Work. Each office was expected to accept approximately half of the new case assignments to represent parents charged with abuse or neglect of their children (what this Article calls child welfare cases).18 The remainder of the filings were to be assigned, as before, to panel attorneys. 20. Full-time. We work alongside people harmed by unfair systems to fight injustice and change things for the better. No case is filed; no court time is taken up; no court personnel are assigned to the matter. 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. View job. at 4648. for Child.s Servs., https://www1.nyc.gov/site/acs/child-welfare/will-acs-take-my-child.page (last visited Oct. 6, 2020). . See National Alliance for Parent Representation, Am. The office created a community intake program, allowing residents in the community to secure legal representation before they have been charged in court with neglect and before they are legally entitled to court-assigned counsel. for Family Representation, https://www.cfrny.org/our-work/team-model/ (last visited Oct. 18, 2020). But the offices nonetheless prevented foster care entirely because of out-of-court advocacy. View info about Brooklyn Defender Services (bds.org). We fight to protect New Yorkers from the trauma of separation from their loved ones and to reunite families as soon as possible. 80. N.Y. Unified Ct. Sys. BDS is a public defense office representing low-income New Yorkers in criminal, family, immigration, and civil legal matters. Easily apply. Mr. Sanchez further explained that he did not rule out giving his consent to the surgery, only that he wanted one more time to see if it could be avoided by securing alternative treatment. Public Defender jobs in Bay Terrace, NY - indeed.com Jail Services Attorney/Advocate. Office of Research & Analysis, Emergency Removals Subcommittee (Sept. 16, 2015). Yet it was the out-of-court advocacy that made all the difference. 66. Admin. 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 Rts., Your Rights While Pregnant, Breastfeeding, or Caregiving: A Report on the 2019 Commission Public Hearing on Pregnancy and Caregiver Discrimination, N.Y. State Admin. Ct. Apr. 78. Once the judge could be persuaded of this, the prospects of significantly increasing the amount of time Ms. Green could spend with her child were greatly advanced. Brooklyn Defender Services Company Profile | Management and - Datanyze The Family Defense Practice at Brooklyn Defenders has been representing parents and other caregivers in Family Court since 2007. 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. 6 days ago. 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. One of the family defender offices responded to this practice by creating a special unit assigned to handle cases of this kind.80 The special unit is designed to better represent pregnant mothers who become enmeshed with the child welfare system. Countless aspects of practice have been improved through these macro advocacy efforts, none of which had ever been undertaken twenty years ago.98 To provide some perspective, without intending to give the defender community too much credit for the results, the foster care population in New York City has shrunk to an astonishing degree over the past twenty years (a trend not followed nationally). Brooklyn Defender Services177 Livingston Street, 7th FlBrooklyn, NY 11201, Brooklyn Defender Services156 Pierrepont StreetBrooklyn, NY 11201, Brooklyn Defender Services566 Livonia Avenue Brooklyn, NY 11207. See N.Y. Cty. 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. 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. See also Jason A. Oetjen, Natl Council of Juv. 69. Brooklyn, NY 11201. . In every example, the key to this success is the extraordinary amount of out-of-court time spent on each case and the proactivity engaged in by the defense team.85, The critical characteristics of each of the cases described in the previous section concern the defender teams proactive planning, anticipating next steps, and developing a plan for success calculated to persuade either the agency caseworkers investigating the case or the court. In testimony presented to the New York State Commission on Parental Representation, Bronx Defenders presented fiscal year 2018 data concerning the outcomes for 381 parents the office advised during their ACS investigations: Of those parents, 164 (43%) were never charged with abuse or neglect in the Family Court. Commn on Hum. The medications began working after only a few weeks and Ms. Barrow quickly regained her focus. We are the attorneys and advocates fighting injustice for individuals and families and protecting civil rights for all people. Once parents had the right to counsel in child welfare proceedings, it fell to the local New York City court administrators to design the legal services delivery system to meet this new constitutional and statutory right. However, the defense team knew that having this conference in front of the judge provided another advocacy opportunity to build on the judges favorable impression of Ms. Anderson. But it simply could not have happened without an interdisciplinary team assigned to the case. Serv. Gottlieb et al., supra note 60, at 559. & Fam. That is what it prepared for when it represented Ms. Anderson. 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. 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. When the agency interviewed her, Ms. Green told the investigators the same thing she told the doctors at the hospital. Since the family defender offices opened in 2007 in New York City, the community whose children have been wrested from poor families has had a collective voice in the form of lobbying efforts by the newly created family defender advocates. I think that every parent should have an advocate. Additional data from The Bronx Defenders presented in testimony to the New York State Commission on Parental Representation indicated that of the 81 children born to clients who already had children in foster at the time they gave birth to the newborn, the office was successful in ensuring that 58 (72 percent) remained at home with their mothers and 17 (20 percent) were placed with caretakers of their mothers choosing. Effects of an Interdisciplinary Approach, supra note 1, at 4546. Find employees, official website, emails, phone numbers, revenue, employee headcount, social accounts, and anything related to Brooklyn Defender Services.

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