The Role of Strategic Management Planning in Improving the Representation of Clients: A Child Advocacy Example

Family Law Quarterly

Volumn 34, Issue 3, 2000, Pages 497-528

  Spinak, Jane M ^a  

^a NONE

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EID: 0347450553     PISSN: 0014729X     EISSN: None     Source Type: Journal    
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References (96)

1. 387 U.S. 1 (1967).
2. 17 REC. N.Y.C.B. ASS'N 10 (1962).
3. Id. at 15. In 1959 and 1960, almost 20,000 children were adjudicated delinquent or neglected.
4. At the time, in addition to the Children's Court, family law matters were heard in the Domestic Relations Court, the Girls' Term Court, the Home Term of the Magistrate's Court, the Court of Special Settings, and the Surrogate's Court. Besharov, Douglas J., Commentary, N.Y. Fam. Ct. Act § 111 (McKinney 2000).
5. The list of 23 delinquency, 4 Persons in Need of Supervision (PINS), and 1 neglect cases adorns the wall of the reception area of the central offices of the Juvenile Rights Division of The Legal Aid Society, which evolved out of the Family Court Branch.
6. The Bar Report was as concerned about the representation of parents in family court matters as it was with the representation of children. While the assignment of counsel for indigent adults was included in the Family Court Act, see FCA § 261 et seq., New York has never committed sufficient financial resources to adult representation. Currently, assigned counsel earn $25 per hour for out-of-court work and $40 per hour for in-court work. This reimbursement rate is currently the subject of litigation. See New York County Lawyers Association v. Pataki, No. 102987/00 (complaint on file with author).
7. 17 REC. N.Y.C.B. ASS'N 25 (1962).
8. Id.
9. The challenges of keeping such an organization dynamic is central to the discussion in Part II of this article.
10. Howard A. Davidson, The Child's Right to be Heard and Represented in Judicial Proceedings, 18 PEPP. L. REV. 255, 269 (1991) ("By statute in almost every state, children in civil child protective proceedings initiated by the state or county (child abuse and neglect cases) have a right to have a representative appointed by the court to independently protect their interests in the litigation."); Martin Guggenheim, Conference on Ethical Issues in the Legal Representation of Children in Illinois: Reconsidering the Need for Counsel for Children in Custody, Visitation, and Child Protection Proceedings, 29 LOY. U. CHI. L.J. 299, 305 (1998) ("Every state requires that some kind of adult represent children when their parents or guardians are respondents in local child protection proceedings."); Linda D. Elrod, Counsel for the Child in Custody Disputes: The Time Is Now, 26 FAM. L.Q. 53, 53 (1992).
11. Howard A. Davidson, The Child's Right to be Heard and Represented in Judicial Proceedings, 18 PEPP. L. REV. 255, 269 (1991) ("By statute in almost every state, children in civil child protective proceedings initiated by the state or county (child abuse and neglect cases) have a right to have a representative appointed by the court to independently protect their interests in the litigation."); Martin Guggenheim, Conference on Ethical Issues in the Legal Representation of Children in Illinois: Reconsidering the Need for Counsel for Children in Custody, Visitation, and Child Protection Proceedings, 29 LOY. U. CHI. L.J. 299, 305 (1998) ("Every state requires that some kind of adult represent children when their parents or guardians are respondents in local child protection proceedings."); Linda D. Elrod, Counsel for the Child in Custody Disputes: The Time Is Now, 26 FAM. L.Q. 53, 53 (1992).
12. Howard A. Davidson, The Child's Right to be Heard and Represented in Judicial Proceedings, 18 PEPP. L. REV. 255, 269 (1991) ("By statute in almost every state, children in civil child protective proceedings initiated by the state or county (child abuse and neglect cases) have a right to have a representative appointed by the court to independently protect their interests in the litigation."); Martin Guggenheim, Conference on Ethical Issues in the Legal Representation of Children in Illinois: Reconsidering the Need for Counsel for Children in Custody, Visitation, and Child Protection Proceedings, 29 LOY. U. CHI. L.J. 299, 305 (1998) ("Every state requires that some kind of adult represent children when their parents or guardians are respondents in local child protection proceedings."); Linda D. Elrod, Counsel for the Child in Custody Disputes: The Time Is Now, 26 FAM. L.Q. 53, 53 (1992).
13. Leonard P. Edwards, A Comprehensive Approach to the Representation of Children: The Child Advocacy Coordinating Council, 27 FAM. L.Q. 417 (1993).
14. JEAN KOH PETERS, REPRESENTING CHILDREN IN CHILD PROTECTIVE PROCEEDINGS: ETHICAL AND PRACTICAL DIMENSIONS § 2-3(b), at 24-26 (1997).
15. See supra note 12, at 26. See Peter Margulies, The Lawyers as Caregiver: Child Client's Competence in Context, 64 FORDHAM L. REV. 1473 n.1 (1996).
16. See Guggenheim, supra note 10, at 302 nn.8-10.; Representing Children: Standards for Attorneys and Guardians Ad Litem Incustody or Visitation Proceedings (with Commentary), 13 J. AM. ACAD. MATRIMONIAL L. 1 (1995); Linda Elrod et al., Representing Children Standards of Practice Committee, Proposed Standards of Practice for Lawyers Who Represent Children in Abuse and Neglect Cases, 29 FAM. L.Q. 375 (1995); AMERICAN BAR ASSOCIATION & NATIONAL COUNCIL OF JUVENILE AND FAMILY COURT JUDGES, PRINCIPLES FOR APPOINTMENT OF REPRESENTATIVES FOR CHILDREN IN CUSTODY AND VISITATION PROCEEDINGS, June 30, 1997.
17. See Guggenheim, supra note 10, at 302 nn.8-10.; Representing Children: Standards for Attorneys and Guardians Ad Litem Incustody or Visitation Proceedings (with Commentary), 13 J. AM. ACAD. MATRIMONIAL L. 1 (1995); Linda Elrod et al., Representing Children Standards of Practice Committee, Proposed Standards of Practice for Lawyers Who Represent Children in Abuse and Neglect Cases, 29 FAM. L.Q. 375 (1995); AMERICAN BAR ASSOCIATION & NATIONAL COUNCIL OF JUVENILE AND FAMILY COURT JUDGES, PRINCIPLES FOR APPOINTMENT OF REPRESENTATIVES FOR CHILDREN IN CUSTODY AND VISITATION PROCEEDINGS, June 30, 1997.
18. See Guggenheim, supra note 10, at 302 nn.8-10.; Representing Children: Standards for Attorneys and Guardians Ad Litem Incustody or Visitation Proceedings (with Commentary), 13 J. AM. ACAD. MATRIMONIAL L. 1 (1995); Linda Elrod et al., Representing Children Standards of Practice Committee, Proposed Standards of Practice for Lawyers Who Represent Children in Abuse and Neglect Cases, 29 FAM. L.Q. 375 (1995); AMERICAN BAR ASSOCIATION & NATIONAL COUNCIL OF JUVENILE AND FAMILY COURT JUDGES, PRINCIPLES FOR APPOINTMENT OF REPRESENTATIVES FOR CHILDREN IN CUSTODY AND VISITATION PROCEEDINGS, June 30, 1997.
19. Bruce A. Green, Forward: Children and the Ethical Practice of Law, 64 FORDHAM L. REV. 1281 (1996).
20. See Guggenheim, supra note 10, at 303. A precursor to these years included the Family Law Quarterly's Fall 1993 Special Symposium Issue on the Rights of Children, 27 FAM. L.Q. 301 (Fall 1993).
21. In referring to "the guidelines" I mean to include the American Bar Association Standards of Practice for Lawyers Who Represent Children in Abuse and Neglect Cases (Approved Feb. 5, 1996); The American Academy of Matrimonial Lawyers' Standards for Attorneys and Guardians Ad Litum in Custody or Visitation Proceedings, 13 J. AM. ACAD. MATRIMONIAL L. 1 (1995); Proceedings of the Conference on Ethical Issues in the Legal Representation of Children: Recommendations of the Conference on Ethical Issues in the Legal Representation of Children, 64 FORDHAM L. REV. 1301; and the lessons from JEAN KOH PETERS, REPRESENTING CHILDREN IN CHILD PROTECTIVE PROCEEDINGS (Lexis Law Publishing, 1997).
22. In referring to "the guidelines" I mean to include the American Bar Association Standards of Practice for Lawyers Who Represent Children in Abuse and Neglect Cases (Approved Feb. 5, 1996); The American Academy of Matrimonial Lawyers' Standards for Attorneys and Guardians Ad Litum in Custody or Visitation Proceedings, 13 J. AM. ACAD. MATRIMONIAL L. 1 (1995); Proceedings of the Conference on Ethical Issues in the Legal Representation of Children: Recommendations of the Conference on Ethical Issues in the Legal Representation of Children, 64 FORDHAM L. REV. 1301; and the lessons from JEAN KOH PETERS, REPRESENTING CHILDREN IN CHILD PROTECTIVE PROCEEDINGS (Lexis Law Publishing, 1997).
23. In referring to "the guidelines" I mean to include the American Bar Association Standards of Practice for Lawyers Who Represent Children in Abuse and Neglect Cases (Approved Feb. 5, 1996); The American Academy of Matrimonial Lawyers' Standards for Attorneys and Guardians Ad Litum in Custody or Visitation Proceedings, 13 J. AM. ACAD. MATRIMONIAL L. 1 (1995); Proceedings of the Conference on Ethical Issues in the Legal Representation of Children: Recommendations of the Conference on Ethical Issues in the Legal Representation of Children, 64 FORDHAM L. REV. 1301; and the lessons from JEAN KOH PETERS, REPRESENTING CHILDREN IN CHILD PROTECTIVE PROCEEDINGS (Lexis Law Publishing, 1997).
24. Contrast a lawyer assuming a guardian ad litem-type role. See Guggenheim, supra note 10, at 311-12.
25. The governing federal legislation includes, in chronological order, the Child Abuse and Prevention and Treatment Act of 1974, the Adoption Assistance and Child Welfare Act of 1980, the Child Welfare Services, Foster Care, and Adoption Assistance Reforms of 1993, the Multiethnic Placement Act of 1994, and the Adoption and Safe Families Act of 1997. For an excellent historical review of these legislative initiatives, see JANE WALDFOGEL, THE FUTURE OF CHILD PROTECTION at 71-74.
26. See, e.g., the federal regulations governing the Adoption and Safe Families Act (ASFA) at 45 C.F.R. §§ 1355, 1356, 1357.
27. See, e.g., the federal regulations governing the Adoption and Safe Families Act (ASFA) at 45 C.F.R. §§ 1355, 1356, 1357.
28. See, e.g., ACS Permanency and Placement Principles and Outcome Indicators at 〈http://nycdoitt.ci.nyc.ny.us/html/acs/html/perm.html〉 (site visited June 7, 2000).
29. In October 1994, 45,978 children were in foster care in New York City with an average length of stay of 3.97 years. New York City Mayor's Office of Operations, The Mayor's Management Report (Feb. 1994), at 317, 332, and The Mayor's Management Report (Mar. 1995), at 275.
30. In October 1994, 45,978 children were in foster care in New York City with an average length of stay of 3.97 years. New York City Mayor's Office of Operations, The Mayor's Management Report (Feb. 1994), at 317, 332, and The Mayor's Management Report (Mar. 1995), at 275.
31. Dorothy E. Roberts, Is There Justice in Children's Rights? A Critique of Federal Family Preservation Policy, 2 U. PA. J. CONST. L. 112, 132-33 (1999).
32. Martin Guggenheim, Commentary, The Foster Care Dilemma and What to Do About It: Is the Problem That Too Many Children Are Entering Foster Care?, 2 U. PA. J. CONST. L. 141, 144-45 (1999).
33. In re Gault, 387 U.S. 1 (1967) (due process requires the right to counsel when a child is at risk of losing his or her liberty in a delinquency proceeding); In re Winship, 397 U.S. 358 (1970) (Proof of beyond a reasonable doubt is required to establish guilt of criminal charge including in a delinquency proceeding); Spence-Chapin Adoption Service v. Polk, 37 A.D.2d 718 (N.Y. 1971) (In contest for custody of child between parent and nonparent, parent has a right to care and custody of child superior to that of all others unless he or she has abandoned that right or is proved unfit to assume duties and privileges of parenthood).
34. In re Gault, 387 U.S. 1 (1967) (due process requires the right to counsel when a child is at risk of losing his or her liberty in a delinquency proceeding); In re Winship, 397 U.S. 358 (1970) (Proof of beyond a reasonable doubt is required to establish guilt of criminal charge including in a delinquency proceeding); Spence-Chapin Adoption Service v. Polk, 37 A.D.2d 718 (N.Y. 1971) (In contest for custody of child between parent and nonparent, parent has a right to care and custody of child superior to that of all others unless he or she has abandoned that right or is proved unfit to assume duties and privileges of parenthood).
35. A prominent example of this model is the Cook County (Ill.) Public Guardian. Patrick T. Murphy currently serves in that position. See generally PATRICK T. MURPHY, WASTED: THE PLIGHT OF AMERICA'S UNWANTED CHILDREN (1997).
36. Unlike many legal offices that represent children, JRD has, since its inception, represented children in both delinquency and child welfare cases.
37. N.Y. Fam. Ct. Act § 241 (McKinney 2000).
38. In re Apel, 96 Misc. 2d 839, 409 N.Y.S.2d 928 (1978); In re Jamie TT, 191 A.D.2d 132, 599 N.Y.S.2d 892 (N.Y. App. Div. 3d Dep't 1993)(No. 66712). Cf. In re Jennifer G., 110 A.D.2d 801, 487 N.Y.S.2d 864 (N.Y. App. Div. 2d Dep't 1985).
39. In re Apel, 96 Misc. 2d 839, 409 N.Y.S.2d 928 (1978); In re Jamie TT, 191 A.D.2d 132, 599 N.Y.S.2d 892 (N.Y. App. Div. 3d Dep't 1993)(No. 66712). Cf. In re Jennifer G., 110 A.D.2d 801, 487 N.Y.S.2d 864 (N.Y. App. Div. 2d Dep't 1985).
40. In re Apel, 96 Misc. 2d 839, 409 N.Y.S.2d 928 (1978); In re Jamie TT, 191 A.D.2d 132, 599 N.Y.S.2d 892 (N.Y. App. Div. 3d Dep't 1993)(No. 66712). Cf. In re Jennifer G., 110 A.D.2d 801, 487 N.Y.S.2d 864 (N.Y. App. Div. 2d Dep't 1985).
41. In re Apel, 96 Misc. 2d 839, 409 N.Y.S.2d 928 (1978); In re Jamie TT, 191 A.D.2d 132, 599 N.Y.S.2d 892 (N.Y. App. Div. 3d Dep't 1993)(No. 66712). Cf. In re Jennifer G., 110 A.D.2d 801, 487 N.Y.S.2d 864 (N.Y. App. Div. 2d Dep't 1985).
42. In re Apel, 96 Misc. 2d 839, 409 N.Y.S.2d 928 (1978); In re Jamie TT, 191 A.D.2d 132, 599 N.Y.S.2d 892 (N.Y. App. Div. 3d Dep't 1993)(No. 66712). Cf. In re Jennifer G., 110 A.D.2d 801, 487 N.Y.S.2d 864 (N.Y. App. Div. 2d Dep't 1985).
43. In re Apel, 96 Misc. 2d 839, 409 N.Y.S.2d 928 (1978); In re Jamie TT, 191 A.D.2d 132, 599 N.Y.S.2d 892 (N.Y. App. Div. 3d Dep't 1993)(No. 66712). Cf. In re Jennifer G., 110 A.D.2d 801, 487 N.Y.S.2d 864 (N.Y. App. Div. 2d Dep't 1985).
44. For an excellent presentation of the way in which courts and scholars have addressed the role of counsel for children in child protective proceedings, see DOUGLAS ABRAMS & SARA H. RAMSEY, CHILDREN AND THE LAW: DOCTRINE, POLICY AND PRACTICE at 238-60 (2000).
45. New York had actually passed the Child Welfare Reform Act of 1979, a precursor to the federal law which contained many of the same principles and requirements. Child Welfare Reform Act of 1979, ch. 610, 1979, N.Y. Sess. Law 1184 (McKinney).
46. New York had actually passed the Child Welfare Reform Act of 1979, a precursor to the federal law which contained many of the same principles and requirements. Child Welfare Reform Act of 1979, ch. 610, 1979, N.Y. Sess. Law 1184 (McKinney).
47. Howard A. Davidson, Child Protection Policy and Practice at Century's End, 33 FAM. L.Q. 765, at 769 (1999).
48. MARK HARDIN, JUDICIAL IMPLEMENTATION OF PERMANENCY PLANNING REFORMS: ONE COURT THAT WORKS (ABA 1992); NATIONAL COUNCIL OF JUVENILE AND FAMILY COURT JUDGES, RESOURCE GUIDELINES: IMPROVING COURT PRACTICE IN CHILD ABUSE & NEGLECT CASES (1995).
49. MARK HARDIN, JUDICIAL IMPLEMENTATION OF PERMANENCY PLANNING REFORMS: ONE COURT THAT WORKS (ABA 1992); NATIONAL COUNCIL OF JUVENILE AND FAMILY COURT JUDGES, RESOURCE GUIDELINES: IMPROVING COURT PRACTICE IN CHILD ABUSE & NEGLECT CASES (1995).
50. See, e.g., the post-dispositional responsibilities required in N.Y. Fam. Ct. Act § 1075 (special duties of law guardian) (McKinney 2000).
51. See Guggenheim, supra note 24, at 143 n.10; 〈http://www.acf.dhhs.gov〉; In 1996, an estimated 3,126,000 children were reported to child protective services agencies as alleged victims of child maltreatment. From 1987 to 1996, the total number of children reported abused or neglected increased 45%. The number of reports substantiated has increased by approximately 14% over the same period. NATIONAL COMMITTEE FOR THE PREVENTION OF CHILD ABUSE (NCPCA), CURRENT TRENDS IN CHILD ABUSE REPORTING AND FATALITIES: NCPCA's 1996 ANNUAL FIFTY STATE SURVEY (1996).
52. See Guggenheim, supra note 24, at 143 n.10; 〈http://www.acf.dhhs.gov〉; In 1996, an estimated 3,126,000 children were reported to child protective services agencies as alleged victims of child maltreatment. From 1987 to 1996, the total number of children reported abused or neglected increased 45%. The number of reports substantiated has increased by approximately 14% over the same period. NATIONAL COMMITTEE FOR THE PREVENTION OF CHILD ABUSE (NCPCA), CURRENT TRENDS IN CHILD ABUSE REPORTING AND FATALITIES: NCPCA's 1996 ANNUAL FIFTY STATE SURVEY (1996).
53. In New York State, cases of all types increased by 30% from 1990 to 1997, but the number of family court judges in the state increased by 3%. New York Unified Court System Budget Hearing for the Trial Courts, September 25, 1997 (testimony from the Association of the Family Court Judges of the State of New York on file with the author).
54. See, e.g., LaShawn A. v. Kelly, 887 F. Supp. 297 (D.D.C.1995); By 1996, 21 states had been sued because of the inadequacy of their child welfare programs. Congressional Testimony Before the House Comm. on Ways and Means, 1996 WL 10829094 (June 27, 1996) (statement of Select Comm. Chr. Hon. George Miller), as reported in ABRAMS & RAMSEY, supra note 30, at 490 n. 5.
55. See National Council of Juvenile and Family Court Judges, supra note 34; JANE M. SPINAK, PERMANENCY PLANNING JUDICIAL BENCHBOOK (1989); MARK HARDIN, JUDICIAL IMPLEMENTATION OF PERMANENCY PLANNING REFORMS: ONE COURT THAT WORKS (1992); MARK HARDIN, A SECOND COURT THAT WORKS: JUDICIAL IMPLEMENTATION OF PERMANENCY PLANNING REFORMS (1995).
56. See National Council of Juvenile and Family Court Judges, supra note 34; JANE M. SPINAK, PERMANENCY PLANNING JUDICIAL BENCHBOOK (1989); MARK HARDIN, JUDICIAL IMPLEMENTATION OF PERMANENCY PLANNING REFORMS: ONE COURT THAT WORKS (1992); MARK HARDIN, A SECOND COURT THAT WORKS: JUDICIAL IMPLEMENTATION OF PERMANENCY PLANNING REFORMS (1995).
57. See National Council of Juvenile and Family Court Judges, supra note 34; JANE M. SPINAK, PERMANENCY PLANNING JUDICIAL BENCHBOOK (1989); MARK HARDIN, JUDICIAL IMPLEMENTATION OF PERMANENCY PLANNING REFORMS: ONE COURT THAT WORKS (1992); MARK HARDIN, A SECOND COURT THAT WORKS: JUDICIAL IMPLEMENTATION OF PERMANENCY PLANNING REFORMS (1995).
58. See supra note 33 (discussing the role of Pub. L. No. 103-66 in providing federal resources to state court systems for court improvement projects for handling neglect and abuse cases).
59. This includes staff attorneys, attorney supervisors, and attorney managers. In addition, 45 social workers and 77 support staff worked in JRD.
60. The Legal Aid Society Juvenile Rights Division, Budget Request for New York State Fiscal Year 1997-98, Sept. 1996 (on file with author).
61. MARK HARDIN, A SECOND COURT THAT WORKS: JUDICIAL IMPLEMENTATION OF PERMANENCY PLANNING REFORMS at 12 (1995).
62. While there was some fluctuation in the number of delinquency cases year to year from 1986 until 1995, JRD represented 2,922 children on delinquency cases in 1986 and 2,980 children in 1995. The peak year was 1990 with 3,865 children. The Legal Aid Society Juvenile Rights Division Year End Summaries (1987-1996) (on file with the author).
63. STATEWIDE YOUTH ADVOCACY, INC., THINKING OUT OF THE BOX: BUILDING AND FUNDING A CHILD WELFARE SYSTEM THAT ACTUALLY SERVES CHILDREN AND FAMILIES (2000) [herinafter THINKING OUT OF THE BOX].
64. See infra Part III.B.4.c for steps to create a different model of funding for JRD.
65. THINKING OUT OF THE BOX, supra note 44.
66. Commentary to D-13 "Obligations after Disposition," AMERICAN BAR ASSOCIATION STANDARDS OF PRACTICE FOR LAWYERS WHO REPRESENT CHILDREN IN ABUSE AND NEGLECT CASES (Approved Feb. 5, 1996) ("Generally it is preferable for the lawyer to remain involved so long as the case is pending to enable the child's interest to be addressed from the child's perspective at all stages. [T]hese Abuse and Neglect Standards require ongoing appointment and active representation as long as the court retains jurisdiction over the child. To the extent that these are separate proceedings in some jurisdictions, the child's attorney should seek reappointment.").
67. "The parties recognize that there is a continuity system of client representation in the JRD. This principle shall continue to be recognized, subject to those modifications to the system as Management may determine from time to time." Collective Bargaining Agreement between The Legal Aid Society and the Association of Legal Aid Attorneys 1992-1994 art. X, part 3 (on file with author).
68. See infra Part IV.B.4.c for how that conception for funding changed.
69. David Van Biema, Abandoned to Her Fate, TIME, Dec. 11, 1995.
70. New York City Council General Welfare Committee Hearing on the Delivery of Child Welfare Services in New York City (testimony of Nancy Ginsburg, The Legal Aid Society Juvenile Rights Division, March 21, 1996); Dale Russakoff, The Protector, THE NEW YORKER, April 21, 1997, at 63.
71. Marisol A. v. Guiliani, (No. 95 CIV 10533 RJW) (Dec. 13, 1995).
72. NICHOLAS SCOPPETTA, PROTECTING THE CHILDREN OF NEW YORK: A PLAN OF ACTION FOR CHILDREN'S SERVICES (1996).
73. New York City Council General Welfare Committee Hearing on the Oversight of the Administration for Children's Services Protecting the Children of New York: A Plan of Action (testimony of Gabrielle Kreisler, Staff Associate, Citizen's Committee for Children of New York; testimony of Fred Brancato, Executive Director, The Council of Family and Child Caring Agencies) (Jan. 23, 1997); E.R. Shipp, Saving Kids - Is It for Real?, N.Y. DAILY NEWS, Dec. 27, 1996, at 35.
74. Marisol A. v. Guiliani, 185 F.R.D. 152 (S.D.N.Y. 1999) (No. 95 CIV.10533, RJW; 78 CIV. 957 RJW); as of May, 2000, the Special Child Welfare Advisory Panel has issued three Advisory Reports and two Periodic Reports. They are available at www.aecf.org/child/.
75. At another point in time, with an organizational structure that incorporates sustained critical review of its practices, an outside consultant may not be the correct catalyst.
76. See supra note 48.
77. The Bronx Plan: A Staff-Management Collaborative Project, July 1997 (on file with the author).
78. Complex labor questions are beyond the focus of this article.
79. See supra note 58, at 1.
80. This problem is part of a much larger issue about the effectiveness of Family Court procedures, particularly in New York City. See, e.g., Special Child Welfare Advisory Report (IV) (Mar. 2000) (noting some of the significant problems in New York Family Court); New York County Lawyers Association v. Pataki, No. 102987/ 00 (Affirmation of Frank S. Moseley, describing the current state of the Family Court in the context of the need to reform the financing and structure of the assigned counsel system) (on file with the author).
81. From 1995 to 1998, the paralegal staff in JRD increased from 8 to 24. The Legal Aid Society Juvenile Rights Division, Budget Request for New York State Fiscal Year 1998-1999, (Sept. 1997) (on file with author).
82. PATRICIA PURITZ & WENDY WAN LONG SHANG, OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION OF THE DEPARTMENT OF JUSTICE, INNOVATIVE APPROACHES TO JUVENILE INDIGENT DEFENSE, 〈http://www.ncjrs.org/pdffiles/ 171151.pdf〉; REPORT OF THE NATIONAL SYMPOSIUM ON INDIGENT DEFENSE, IMPROVING CRIMINAL JUSTICE SYSTEMS THROUGH EXPANDED STRATEGIES AND INNOVATIVE COLLABORATIONS (Feb. 1999), at 16-17 (Office of Justice Programs and Bureau of Justice Assistance, Department of Justice, Mar. 2000).
83. PATRICIA PURITZ & WENDY WAN LONG SHANG, OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION OF THE DEPARTMENT OF JUSTICE, INNOVATIVE APPROACHES TO JUVENILE INDIGENT DEFENSE, 〈http://www.ncjrs.org/pdffiles/ 171151.pdf〉; REPORT OF THE NATIONAL SYMPOSIUM ON INDIGENT DEFENSE, IMPROVING CRIMINAL JUSTICE SYSTEMS THROUGH EXPANDED STRATEGIES AND INNOVATIVE COLLABORATIONS (Feb. 1999), at 16-17 (Office of Justice Programs and Bureau of Justice Assistance, Department of Justice, Mar. 2000).
84. In 1995, close to half of JRD's case load consisted of permanency cases. The Legal Aid Society Juvenile Rights Division, Budget Request for New York State Fiscal Year 1998-1999 (Sept. 1997) (on file with author).
85. With the advent of expedited time frames under the Adoption and Safe Families Act (ASFA), this court-driven urgency can not be ignored by any participants in the child welfare and Family Court systems. See Davidson, supra note 32, at 772.
86. Martin E. Glasser, Mental Health Consultation in Long-term Planning for Foster Children, in FOSTER CHILDREN IN THE COURTS at 534 (Hardin, ed.).
87. See SPINAK, supra note 38.
88. Peg McCartt Hess, Gail Folaron & Ann Buschman Jefferson, Effectiveness of Family Reunification Services: An Innovative Evaluative Model, 37 SOC. WORK NO. 4 304, 307 (July 1992) (noting both their own findings and earlier documentation)
89. See supra note 48; Ann M. Haralambie, The Role of the Child's Attorney in Protecting the Child Throughout the Litigation Process, 71 N.D. L. REV. 939, 982 (1985).
90. Eve B. Burton, Reflections on Open Family Courts: The First 100 Days, N.Y.L.J., Dec. 31, 1997.
91. In re Ruben R., 219 A.D.2d 117, 641 N.Y.S.2d 621 (N.Y. App. Div. 1st Dep't 1996).
92. In re Ruben R., 219 A.D.2d 117, 641 N.Y.S.2d 621 (N.Y. App. Div. 1st Dep't 1996).
93. Access to Family Court Proceedings, 22 N.Y.C.R.R. § 205.4; ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK, OPEN TO THE PUBLIC: THE EFFECT OF PRESUMPTIVE PUBLIC ACCESS TO NEW YORK STATE'S FAMILY COURT (Feb. 8, 2000).
94. Access to Family Court Proceedings, 22 N.Y.C.R.R. § 205.4; ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK, OPEN TO THE PUBLIC: THE EFFECT OF PRESUMPTIVE PUBLIC ACCESS TO NEW YORK STATE'S FAMILY COURT (Feb. 8, 2000).
95. See supra note 62.
96. See Hardin, supra note 33.