The DO’s and DON’T’s
WHEN Falsely Accused
~~~~~~~~~~~~~~~~~

www.abanet.org/child/empowerment/Model_Act_FINAL_VERSION 6-10(1).doc

 

caichildlaw.org/Misc/CAI_ABA_Comments.pdf

 

eMail
 

For your consideration/opinion.

--- On Fri, 7/10/09, Elizabeth Westbrook <ewestbrook@firststar.org> wrote:

From: Elizabeth Westbrook <ewestbrook@firststar.org >
Subject: ABA Model Act Governing Representation of Children
To: ewestbrook@firststar.org
Cc: aharfeld@firststar.org
Date: Friday, July 10, 2009, 3:18 PM

I hope summer finds you well.

I write today with some exciting news about the ABA Model Act for the Representation of Children in Abuse Neglect and Dependency Proceedings: On August 3rd of this year, the ABA House of Delegates will vote on the Model Act at its annual meeting in Chicago.  With that in mind, here at First Star we are looking to garner support in two ways:

• First, we are looking for people and organizations to sign onto the proposed law.

• Second, we are hoping you may be able to encourage delegates you know to vote for the Act on August 3rd.

Please find attached, the Model Act to be voted on by the ABA as well as the Model Act Cover Report and Model Act Recommendation.

The final attachment is a spreadsheet of all the Delegates that we need your help in reaching out to, to encourage them to vote for the Model Act. There is language from an explanatory email from Cathy Krebs, the Director of the ABA's Children's Rights Litigation Committee reproduced below that you can use as a guide in reaching out to people.

Finally, if you have contacts with the Children's Law Center or equivalent child advocacy groups in your area who may be willing to submit support for the act--there is bolded language below which you can use--that would be wonderful.  Please send any contact information back to me, to Amy Harfeld at aharfeld@firststar.org  or to Cathy Krebs at Krebsc@staff.abanet.org.

• ABA Model Act Governing the Representation of Children in Abuse, Neglect, and Dependency Proceedings - Download Doc File

• Report - Download Doc File

• Section of Litigation Report to the House of Delegates - Download Doc File

• ABA Support Group - Download Spread sheet File

 

Thank you in advance for any help or support you may offer, and we look forward to being in touch soon!

Best,

Liz Westbrook

Legal Intern

First Star- www.firststar.org

1666 K St NW Ste 300 Washington, DC 20006

Phone (202) 293-3703/104 

Fax (202) 293-3704

 

Email from Cathy Krebs including suggested language:

 
As most of you know, the Section of Litigation has filed the ABA Model Act Governing the Representation of Children in Abuse, Neglect, and Dependency Proceedings with the ABA House of Delegates for consideration this August 3 at the ABA Annual Meeting in Chicago.  I have attached a copy of the Model Act, together with the Report and Recommendation, which has been designated as Item 103 on the House Agenda.  

We have two co-sponsors thus far (the Standing Committee on Legal Aid and Indigent Defendants, and the Commission on Homelessness) and anticipate more, however the Family Law Section of the ABA has voted to oppose the ABA Model Act generally because the act calls for client-directed counsel which they believe represents the view of a "minority of those in the legal community who have worked on this subject".  We disagree with that premise that and believe that many of you do as well.  We would like to put together a list of children's legal entities that support the ABA Model Act and are hoping that your entity could sign on to such a statement.  Please also feel free to forward this e-mail to anyone that you believe might want to sign on as well.

Proposed language:
"We support the ABA Model Act Governing the Representation of Children in Abuse, Neglect, and Dependency Proceedings which mandates lawyers for every child in the child welfare system, insists that the child be treated as a full-fledged client, and improves the quality of lawyers for children by setting clear standards which are in line with the ABA Standards of Practice for Lawyers Representing a Child in Abuse and Neglect Cases and the ABA Model Rules of Professional Conduct."

We will then list the organizations that sign on underneath.  We believe that this list will be invaluable as we lobby delegates to the ABA House.

Lastly, fyi, the Uniform Law Commission (formerly NCCUSL), to our knowledge, has not taken a public position on the Model Act. 

Let me know if you are interested in lobbying delegates from your home state.

Thank you!  
Cathy Krebs

Catherine E. Krebs
Committee Director - Section of Litigation Children's Rights Litigation Committee
American Bar Association
1348 Massachusetts Ave SE
Washington, DC  20003
Office: (202) 547-3060
Fax: (202) 547 3064
krebsc@staff.abanet.org
www.abanet.org 

Dear Delegate:

I am writing you as a member of the ABA House of Delegates from DC to respectfully request that you give consideration to supporting a proposal that the Section of Litigation is bringing to the HOD at its annual meeting in Chicago this August. After securing input from children's law experts from around the country, the Children's Rights Litigation Committee, the Bar-Youth Empowerment Program of the ABA Center on Children and the Law, and First Star, a non-profit which advocates for children, co-authored the ABA Model Act Governing the Representation of Children in Abuse, Neglect, and Dependency Proceedings. The Act mandates that lawyers be assigned to represent all children involved in child welfare proceedings, and improves the quality of such legal representation by setting clear performance guidelines which are in line with the ABA Standards of Practice for Lawyers Representing a Child in Abuse and Neglect Cases and the ABA Model Rules of Professional Conduct.  It represents a significant step forward in the representation of children and we are very excited about the role it can play in elevating the practice of the legal representation of children.

I have attached a copy of the Model Act, together with the Report and Recommendation, which has been designated as Item 103 on the House Agenda. It would be terrific if you could assist by lobbying your fellow DC delegates to support the Model Act and we would welcome any assistance or thoughts that you might have on getting more support for the Act.