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1 Thank you for joining us today! If you haven t dialed into the audio (telephone) portion, please do so now: Access Code: If you are experiencing technical problems with the GoToWebinar program (visual portion), contact the help desk: Reference Webinar ID: Today s presentation and handouts are available for download at: The webinar will begin shortly. 1

2 Family Drug Court Learning Academy Special Topics Module 6: Engaging Defense Attorneys Children and Family Futures Office of Juvenile Justice and Delinquency Prevention Family Drug Court Technical Assistance Program This project is supported by Award No DC-BX-K069 awarded by the Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs 4940 Irvine Blvd, Suite 202 Irvine, CA

3 Welcome! AGENDA Welcome and Opening Remarks Importance of Defense Attorney Engagement within the FDC Lessons Learned - Attorney Panel Discussion Resources and Next Steps Questions and Discussion 3

4 Introductions Phil Breitenbucher, MSW Program Director, Children and Family Futures John Passalacqua, JD Certified Child Welfare Law Specialist (CWLS) Parent's and Children's Counsel, Mendocino and Lake Counties (California) Hilary Kushins, MSW, JD Drug Court and Training Programs Manager, Dependency Advocacy Center (San Jose, California) 4

5 Overview of Learning Academy Module Format Polling Questions Live Questions & Discussion Webinar Evaluations 5

6 How do I ask questions? For your convenience, there are two ways to ask questions during this webinar presentation: 1. Type and send your questions through the Question and Answer log located on the bottom half on your panel/dashboard. 2. There will also be time at the end of the webinar for you to ask questions via the conference line. 6

7 Planning Community Early Implementation Community Enhanced Community Module 1 Mission and Underlying Values Joint & Shared Outcomes Moving Towards System-wide Change Module 2 Principles of Collaborative Practice Running a FDC Program Engaging the Community What is the FDC Online Module 3 Learning Academy? Screening & Assessment Services to Children Pre-filing or Alternative Response Programs Module 4 Module 5 Engagement & Retention Information Sharing & Data Systems Training & Staff Development Budget & Sustainability Special Topics Engaging Defense Attorneys Engaging Fathers Understanding Disproportionality& Disparity Understanding Trauma Marketing to Stakeholders Cost Benefits Analysis 7

8 Planning Community Early Implementation Community Enhanced Community Module 1 Mission and Underlying Values Joint & Shared Outcomes Moving Towards System-wide Change Module 2 Where we ve been thus Principles of Collaborative Practice Running a FDC Program Engaging the Community Module 3 Screening & Assessment far Services to Children Pre-filing or Alternative Response Programs Module 4 Module 5 Engagement & Retention Information Sharing & Data Systems Training & Staff Development Budget & Sustainability Special Topics Engaging Parents Attorneys Engaging Fathers Understanding Disproportionality& Disparity Understanding Trauma Marketing to Stakeholders Cost Benefits Analysis 8

9 Polling Question # 1 In my opinion, the greatest barrier in engaging attorneys in FDC is the following: A. Exclusion from the FDC planning process B. Ethical dilemmas C. Lack of cross-systems skills and training D. Lack of support of FDC concept E. Other please send response via chat or question function 10

10 Importance of Defense Attorney Engagement within the FDC Phil Breitenbucher, MSW 11

11 Opening Remarks Acknowledgement and recognition of the need and the challenge to engage attorneys in Family Drug Court - 5 National Reports - Hundreds of Technical Assistance Requests OJJDP Family Drug Court Technical Assistance and Training Needs Assessment 12

12 Opening Remarks Acknowledgement and recognition that how attorneys are engaged may and most likely will look different in each jurisdiction, based on: - State/Local Laws - Local Administrative Procedures - Model of Family Drug Court - FDC Team Composition, and - Level/Stage of Collaboration 13

13 Getting Better at Getting Along: Four Stages of Collaboration FDC Project Changing The Rules Changing The System Better Outcomes for Children and Families Joint Projects Shared Outcomes/Goals Information Exchange Sid Gardner, 1996 Beyond Collaboration to Results 14

14 Collaborative Relationships: Key Themes/Lessons Fundamentals of successful collaboration and active engagement of partners include: Alignment of project and partner goals Communication of concrete benefits to prospective partners Ability to integrate the collaborative s work into existing efforts or infrastructures Clarification, understanding and agreement on roles, responsibilities and processes Ongoing communication (all levels), reporting and monitoring Establishing relationships is an event, maintaining relationships is a process 15

15 The SAFERR Model 3 Levels of Collaborative Practice: Building Cross System Collaboration Creating the structure to create and sustain change. Collaboration Within and Across Systems What each system needs to know about itself and its partners. Collaboration in Action: Working Together on the Frontlines Presents activities that create cross system practice changes. Resource: 16

16 Collaborative Relationships: Key Themes/Lessons Development and strengthening of collaborative relationships is facilitated by: Cross-systems communication on client progress (e.g., joint case staffing or case conferences, team decision making) Cross-systems training on both: - The broad array of clinical issues affecting shared clients - Program and policy issues impacting how each system operates 17

17 Different Goals and Values Child Welfare Treatment Providers Primarily concerned with the safety, wellbeing, and permanency outcomes of children whose parents are in treatment. Goal: Is the parent moving toward sobriety to meet legal deadlines? Primarily concerned with parents (who may not even be identified as parents) recovery as they progress through treatment, on a different timetable than the court or child welfare system. Judicial Officers Monitor treatment against legal deadlines. Parent or Child Attorney Provide zealous and competent advocacy and representation; may have very different perspectives on what information should be shared. 18

18 Polling Question #2 Attorneys who represent parents in dependency court proceedings have an ethical conflict if they advise parents either to admit that they have a substance abuse problem or to seek treatment prior to the court taking jurisdiction in a case. Parents substance abuse admission could be negatively interpreted during the investigation of the child abuse and neglect allegations. A. Strongly Agree B. Somewhat Agree C. Somewhat Disagree D. Strongly Disagree * From Collaborative Values Inventory (CVI) 19

19 FDC Treatment Team Membership: Individuals who perform the day-to-day tasks of the FDC Function: Case management Typically include: - Judge - Child welfare representatives - Attorneys for all parties - Substance abuse treatment providers - Case manager 20

20 Role Clarification of FDC Team Members Judge Case Managers FDC Coordinator FDC Team Attorneys Child Welfare Drug Treatment Providers 21

21 Common FDC Outcomes Safety (CWS) Reduce reentry into foster care Decrease recurrence of abuse/neglect Permanency (Court) Reduce time to reunification Reduce time to permanency Reduce days in care Recovery (AODS) Increase engagement and retention in treatment Increase number of clean UA s Increase number of graduates 22

22 Sacramento County Dependency Drug Court Model Level 3 Monthly Hearings Level 1 DDC Hearings 30 Days 60 Days 90 Days 180 Days Graduation Referral to Treatment Level 2 Weekly or Bi-Weekly Hearings Child in Custody Detention Hearing Jurisdiction & Disposition Hearings Review Hearings at 6 Mo Intervals Permanency Hearing at 12 Mos Early Intervention Specialist (EIS) Assessment & Referral to STARS STARS Voluntary Participation Court Ordered Voluntary Pre March 30, 2009 post April 1, 2009 to STARS & 90 Days of DDC STARS Court Ordered/Voluntary Participation 23

23 Percent Child Reunification Rates by DDC Graduation Status Over Time Months 24 Months 36 Months Comparison Graduated 90 Day Certificate Neither Landmark 24 Nearly three quarters of the children of graduates are living with their parents at three years post DDC

24 Polling Question #3 Judicial ethics should be interpreted to mean that judges not participate in collaborative efforts involving attorneys who may appear in their courts. A. Strongly Agree B. Somewhat Agree C. Somewhat Disagree D. Strongly Disagree * From Collaborative Values Inventory (CVI) 25

25 Lessons Learned John Passalacqua, JD, CWLS and Hilary Kushins, MSW, JD 26

26 Lessons Learned Our Paths in Formation of Successful FDC Programs The Art and Science of FDC Practice 27

27 Importance of Parent s Counsel Parent s Counsel advise clients as to risk and benefits of program and ultimately sell program to clients Success of program requires agreements by all players Time spent litigating small issues, like reason for missed test, will derail program Parent s Counsel perspective is critical to overcome problems 28

28 Critical Duties of Parent s Counsel Maintain confidential information of the client (attorney-client privileged communication) Duty of loyalty Avoid conflicts of interest Provide zealous advocacy Provide competent representation Maintain communication with client Protection of parent s procedural rights Conduct an independent investigation 29

29 Let s Be Clear The obligation of a parent s attorney is to protect the interests of the parent and advocate for their position, not to safeguard the best interests of the child. That duty falls upon the agency, minor s counsel and the court. * Rauber, Granik, & Laver (Eds), Representing Parents in Child Welfare Cases. American Bar Association, Washington, DC:

30 Duties of Parent s Counsel: A Closer Look The duty to provide competent representation entails knowledge of the area of dependency law * Welfare & Institutions Code (WIC) 317.5(a); Cal. Rules of Prof. Conduct, Rule 3-110(B), (C) This includes Substance Abuse * California Rules of Ct., Rule 5.660(d)(3); WIC The parent s attorney shall: Engage in case planning and advocate for appropriate social services using a multidisciplinary approach to representation when available * The American Bar Association (ABA) approved Standards of Practice for Attorneys Representing Parents in Abuse and Neglect Cases 31

31 Polling Question #4 Our dependency court attorneys have the skills and knowledge they need to talk with their clients about child welfare and substance abuse issues. A. Disagree B. Somewhat Agree C. Agree D. Not Sure/Don t Know * From Collaborative Capacity Instrument (CCI) 32

32 We Have to Work Together? While parent s counsel have the duty to provide zealous advocacy, dependency cases are required to be conducted in as informal and non-adversarial atmosphere as possible * Welfare & Institutions Code 350(a)(1); Cal. Rules of Ct., Rule 5.660(d)(4). The Parent s Attorney shall cooperate and communicate regularly with other professionals in the case Resource: The American Bar Association (ABA) approved Standards of Practice for Attorneys Representing Parents in Abuse and Neglect Cases 33

33 Parents Must be Advised Counsel the client about all legal matters related to the case, including the service plan, and the potential consequences of failing to obey court orders or cooperate with service plans. * The American Bar Association (ABA) approved Standards of Practice for Attorneys Representing Parents in Abuse and Neglect Cases, Rules 6 and 11 34

34 That s My Job The job of a parent s counsel is to efficiently and effectively guide the parent through the dependency process in order to achieve the best possible result. This requires both zealous advocacy and collaboration. * Seiser & Kumli, California Juvenile Courts Practice and Procedure, Matthew Bender:

35 Other Sources of Obligations to Participate in FDC The Judicial Officer Contracts or Memorandums of Understanding for Receiving Appointed Cases 36

36 Critical Role of Parent s Counsel in Family Drug Court The Family Drug Court Parent Attorney actively participates by advocating for the participant during staffing and court proceedings in a non-adversarial manner, assisting with the negotiation of plea agreements, and completing necessary documents to facilitate the treatment process for the participant. 37

37 Define Your Goals As a System Increase family reunification rates Increase client compliance with AOD treatment Decrease children s stay in foster placement Increase timeliness of assessments and treatment Increase collaboration among the Juvenile Court, CWS and AOD 38

38 Benefits to Client Better and quicker access to services Chances of reunification increase Reunification often occurs sooner Integrated care Long term improvement Improved parenting skills Improve parent buy-in Way to avoid bypass Empowerment of the parent in the case 39

39 Benefits to Attorney See last slide Benefits to Client Streamlined case processing Additional resources Entire FDC Team shares responsibility for client success (accountability for agency) Comprehensive documentation of client progress in system (quality of information) 40

40 Benefits to Attorney Ability to meet with client regularly and resolve barriers to reunification early on Avoid bypass Helps prioritize clients; cases become more clear cut Fewer trials An opportunity to improve services to parents as a whole More knowledgeable about reasonable services 41

41 Issues to Consider When Designing Your FDC Role of Parent s Counsel in FDC proceeding Public proceedings or closed Voluntary or forced voluntary To incarcerate or not Parallel track (Sacramento, San Diego) or integrated track (Santa Clara; Reno) 42

42 Operational Considerations: The Referral Process What is the role of the parent s attorney in the referral process to FDC? Who will be referring parents to the FDC? Do the attorneys understand the referral process? Does the existing referral process make sense for the parents attorneys? 43

43 Operational Considerations / Decisions Purpose of pre-court team meetings - Who should attend? Purpose of open court hearings - Who should attend? Are the staffings and hearings off the record or on the record? 44

44 Polling Question #5 Which of the following poses the greatest ethical dilemmas for parent attorneys in FDC? A. Communication issues (e.g. confidentiality) B. Sanctions or responses to behavior (e.g. relapse) C. Risks of treatment to client D. Concerns regarding due process E. Collaborative environment of FDC (vs. adversarial) 45

45 Operational Considerations: Flow of Information What information goes to whom? How is information distributed? What information should be used and when? - If parallel or integrated model? - On or off the record? 46

46 Additional Operational Considerations Communication - Necessary to allow the attorney to advocate for the client at staffings and hearings - Walking the tightrope and understanding the attorney s role: the attorney is both a team member and the attorney for the parent - Discussing behavioral responses (rewards and sanctions) with clients - Discussing behavioral responses in the team setting 47

47 Team Considerations Trust within the team that each member will perform his/her responsibility to the client 48

48 Questions and Discussion Phil Breitenbucher, M.S.W. 49

49 Next Steps & Resources Phil Breitenbucher, M.S.W. 50

50 Next Steps/Closing Thoughts Take an inventory what exists Identify what/who is missing Develop or enhance what is needed Prioritize and implement strategically 51

51 Resources Critical Issues for Defense Attorneys in Drug Court Judge Karen Freeman-Wilson (ret.), Executive Director Ronald Sullivan, Consultant Susan P. Weinstein, Chief Counsel National Drug Court Institute (NDCI) April Practical Guide for Family Court Professionals Guidance-Laminate-for-Courts.pdf 52

52 Resource To access this webinar presentation / materials and find out more about the FDC Learning Academy visit: presentations/webinars 53

53 FDC Learning Academy Planning Community Early Implementation Enhanced Community Launched in 2010 Save the Dates!

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56 Evaluation Please take a moment to complete our evaluation. You will be re-directed to the evaluation after exiting this webinar. Thank you! 57

57 Contact Information Phil Breitenbucher, MSW Program Director Children and Family Futures OJJDP FDC TA Project Phone: (714) John Passalacqua, JD Certified Child Welfare Law Specialist Parent s and Children s Counsel Mendocino and Lake Counties (CA) 300law@att.net Hilary Kushins, MSW, JD Drug Court and Training Programs Manager Dependency Advocacy Center San Jose, CA hkushins@sccdac.org FOR RESOURCES Please visit our website: 58