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Consider an attorney who is appointed to represent an indigent parent in a juvenile abuse, neglect, and dependency (A/N/D) proceeding. The attorney reviews the petition which was prepared using form […]
This post was updated on September 6, 2022 in response to helpful reader feedback regarding the nuances that exist when determining whether there is a conflict of interest for a […]
The ramifications of the COVID-19 pandemic on prisons and the court system have been wide-reaching. We are still seeing, and will likely continue to see, the tentacles of these issues stretch into cases for years to come. The North Carolina Supreme Court recently issued a decision tackling one such issue: whether a parent who was unable to attend a termination of parental rights hearing because he was incarcerated during a pandemic-related prison lockdown was entitled to a continuance so he could be present for the hearing. In re C.A.B., 2022-NCSC-51, ¶ 1.
Meet Austria. She’s one of the loves of my life. We’ve been together for more than 10 ½ years. She has been a witness to my life during that time […]
It is with great joy and enthusiasm that I am announcing these two updated resources for those of you who work in the area of child welfare. Abuse, Neglect, Dependency, […]
On October 1, 2021, two laws went into effect that pertain to parents who test positive for controlled substances while involved in juvenile abuse, neglect, or dependency (A/N/D) proceedings. Together, the laws
Perhaps it is not surprising that juveniles who experience abuse, neglect, or dependency have a higher risk of suffering from mental health issues. These children have experienced trauma, and when […]
The UNC School of Government’s Public Defense Education group is excited to announce the newest entry in a series of practice guides, The First Seven Days, by Timothy Heinle, Civil Defender Educator. The guides offer practical tips and strategies for respondent’s attorneys in various civil proceedings to use during the first several days of representation. The ideas suggested in the guides are designed to help busy attorneys hit the ground running in ways that reduce stress for the attorney and improve representation for the client.
The newest entry in the series is The First Seven Days as a Parent Defender. Strategies are explored that will improve client representation and help attorneys better manage their workloads and
I am happy to announce the publication of my new bulletin, “When and How Criminal-Defense Attorneys Can Obtain Access to Confidential Child Welfare and Juvenile Abuse, Neglect, and Dependency Records.” I hope it is of help to anyone needing to determine criminal attorney access to these protected records.
Consider these common scenarios. A criminal attorney learns that a county department of social services (DSS) or equivalent agency has been involved with that attorney’s client and family. Or maybe the attorney believes that the DSS has investigated a report of suspected abuse, neglect, or dependency that involves a witness or alleged victim in the criminal case. How can the criminal attorney access existing child-welfare and juvenile abuse, neglect, and dependency records that may be relevant to the criminal case?
Alternatively, a respondent parent, guardian, custodian, or caretaker in a juvenile abuse, neglect, and dependency (A/N/D) action has been charged criminally. The criminal attorney asks the attorney representing the same individual in the A/N/D matter to share records and information relating to the A/N/D proceeding. What can the A/N/D attorney share with the criminal attorney?
During the 2021 Legislative session, there have been numerous and significant amendments made to the laws addressing child welfare, most of which are in G.S. Chapter 7B (the Juvenile Code) and became effective October 1st. This is my third post explaining those legislative changes. Today’s post focuses exclusively on legislative changes that relate to foster parents. The issues addressed include the consideration of foster parents for placement at nonsecure custody, their participation in permanency planning hearings, required training, and the creation of a Foster parents’ Bill of Rights.
My earlier blog posts are here (summarizing S.L. 2021-100 (H132)) and here (summarizing S.L. 2021-132 (S693)). As the 2021 Legislative Session continues, more changes may be made, and if that happens, I will post about them as well.