I’ve worked as a lawyer in child protection cases in Minnesota for years.  Here’s what’s happening in my state:

1.  The law says that if a child has been removed from a dangerous home, reunification of the family is the goal.  Each parent and the children over ten have the right to a lawyer.  Poor people get the services of Public Defenders.  The child protection social workers have their own lawyer, the county attorney prosecutors.  And the kids can also have a Guardian ad Litem appointed to watch out for their best interests.
2. In child protection cases, the parents are offered a case plan to correct the problems that led to the kids being removed.  If the parents can complete their case plans, reunification can occur.  Here are typical goals in a case plan:
   1. Chemical health treatment
   2. Mental health treatment and psychological evaluations
   3. Parenting education classes
   4. Help finding housing
   5. Anger management counseling
   6. Therapy for individuals and families
3. Parents are given time (6+ months) to accomplish and finish the case plan.  During this period, visits between the parents and the children occur and may increase along with the parent’s progress on their case plans.  If parents complete the case plan, reunification can occur—usually in a highly monitored situation.  It’s called a trial home visit but is 24/7.  Services for the parents and supervision of the home continue in order to assure the children are safe.  Hopefully, parents have changed their behavior.

There’s a lot of fear and misinformation out there about child protection cases.  In many states, the court proceedings are open to the public.  You may want to observe some cases if you’re interested.  An even greater need is for volunteers to become Guardians ad Litems.  In Minnesota, they received over 40 hours of training and continued support as they work with children to make sure the best interests of those kids in the system are being met.  It’s a critical and important job that needs more qualified people.

This is a real chance to help children and their families!

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Here’s an example from my own practice as a lawyer in Juvenile Court.  It’s the case of Donnie, an 11-year old boy who was, once again, charged with stealing cars.  Actually, it was his seventh stolen car.  It occurred at a school athletic field where a maintenance man had left his school car while he mowed the lawn.  Donnie was so short that when the maintenance man looked up from mowing he saw the car moving—but he couldn’t see anyone in the driver’s seat.

Donnie provides a great example of what children in Juvenile Court have as advocates.

—For younger kids, like Donnie, they aren’t considered criminally liable (they’re still responsible for their behavior), but there must be some kind of response from the courts.  In my state of Minnesota, the prosecutor would file a CHIPS (a version of the phrase: CHildren In need of Protection or Services) Petition.  It would allege the child to be in need of some kind of intervention and services.  It’s not a delinquency (criminal) action.

—It puts the burden back on the parents and a legal reason for the courts to stick their nose in the parent’s lives.  The courts can offer appropriate services and help the child correct the bad behavior.

—During the CHIPS proceedings, if the child is 10 years or older, they have the right to a lawyer.  This will usually be a Public Defender since the child’s financial ability is looked at rather than the parent’s abilities.  (For wealthy parents, they may be required to reimburse the government for the lawyer’s services)  It’s important to remember that the lawyer for the child will advocate what the child wants.  It’s exactly the same relationship a lawyer would have with an adult client.  The lawyer does not advocate for what’s in the best interest of the child.

—The advocacy for the best interest of children in juvenile court falls to the Guardian ad Litem and the prosecutor.  The guardians are generally volunteers but receive extensive training in preparation for working with the children.  They report directly to the court and will advocate whatever they feel is in the best interest of the child.  It’s a different advocacy from the child’s lawyer who advocates for whatever the child wants.  The idea is that between these two advocates, the court will get a complete picture of the child’s wants and needs.

So, what happened to Donnie?  He was eventually removed from the home and sent to a foster home.  His blood mother wasn’t watching him closely and not sending him to school.  When the judge asked her about Donnie’s car stealing, she shrugged and said only that, “Donnie, he sure do like his cars.”  Clueless.

Do any of you have experience in advocating for children in juvenile court?  What’s been your experience?

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In the last fifteen years in Minnesota the number of child protection cases has skyrocketed.  The local (county) prosecutors have filed these kinds of actions for years but not in the high numbers they do now.

What constitutes a child protection case and what are the grounds for starting one?

Typically, most cases are brought into court because the child needs protection or services.  It can be either or both for the following reasons:

1.  Chemical use/abuse by the parents that affects the welfare of the child.

2.  Violence in the home.  It may be directed at the kids but doesn’t necessarily have to be.

3.  Sexual assaults.  By the parents against the kids or between the kids.

4.  Garbage house including drugs and drug dealing in the home.

5.  Educational neglect where the parents fail to get the kids to school.

The process starts with a social worker from the county attempting to work with the parents to eliminate the problem unless there’s an immediate danger to the kids in which case they will be removed right away.  If the work doesn’t change the conditions, a county prosecutor will file a petition in Juvenile Court and everyone will have to appear before a judge.  The judge makes a decision if it’s safe and in the best interest to leave the kids in the home or remove them temporarily.

State statutes mandate that the government must work with the parents and provide services with the goal of reunification of the entire family.  The parents are given a case plan, devised by the trained social worker, to complete in order to correct the problems.

If the government doesn’t agree to reunification of the family the parents have a right to a trial to fight any termination of their parental rights.

So, who watches out for the kids?

The judge’s decisions are always based fundamentally upon “what’s in the best interest of the children.”  In addition, the kids are assigned a social worker for them and often, a Guardian ad Litem.  In Minnesota, if the child is over 10 years old, they also have a right to a lawyer, usually a Public Defender.

The toughest aspect of these cases is that no matter how bad the conditions are at home, kids usually want to go back home.  If they’re removed from the parents, the kids are placed either in shelter housing or temporary foster homes.  It’s natural that they would like to be back in their own homes instead.  Parents feel the same way–they want the kids home.

But what if it isn’t safe to go home?  Judges must make that call.  Sometimes, they must even terminate parental rights forever.  So, on the one hand while they’re protecting kids, the judge may be tearing apart a family.  Tough, tough decisions.

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