HB893 passes; improves compensation for parent counsel
HB893, from Delegate Adele McClure, had a bumpy journey through the Virginia General Assembly, but finally passed both Houses unanimously on Friday, March 8, the day before the end of session. Whew!
The bill will increase compensation for parents' counsel from $120 per appealable order to
$330 (new misdemeanor defense rate); and for Termination of Parental Rights cases, from $158 to
$680?(new juvenile defense rate)(regardless of whether in JDR or Circuit).
While these amounts are lower than we asked for ($445 and $1235)¡ªwe
had wanted to pin the rates to those for lower-level felonies, not the misdemeanor rates¡ªthey
are better than we feared we might end up with (when the Senate first approved the bill, they lowered the amounts to $240 and $445).?
The OES asked for 6th?months to prepare for all the new compensation rates, so all the new rates, rather than going into effect on July 1 as bills usually do, will go into effect on January 1, 2025. New practice standards for parents' counsel will
go into effect a year later, on January 1, 2026. A new list of certified parents' attorneys will be created. If not enough attorneys are available on the new parent counsel list, a judge may appoint any competent Virginia-barred attorney.
A HUGE THANK YOU?to all who advocated on behalf of this legislation. Thanks also
to the?VSB?Bar Council which unanimously voted last fall for the Virginia State Bar to take a position on this legislation¡ª?the first time it has taken a position on legislation in 20 years--which was significant in making this a reality.?
The new compensation rates will be codified in
¡ì?16.1-267?(new
language in italics):
B. When the court appoints counsel to represent a parent, guardian,?or other adult pursuant to ¡ì
,
such counsel shall be compensated for his services pursuant to ¡ì .?When
the court appoints counsel to represent a parent, guardian, or other adult pursuant to ¡ì
?in
a child dependency case as defined in ¡ì ,
such counsel shall be compensated for his services in an amount not to exceed $330, except that in matters arising under ¡ì
,
such counsel shall be compensated for his services in an amount not to exceed $680. Notwithstanding the foregoing, no court may waive the limitation of fees as set forth therein.
The definition of a "child dependency case":?
For purposes of this section, a "child dependency case" includes cases before the juvenile and domestic relations district
courts, and the circuit courts on appeal, involving a child who is (a) alleged to have been abused or neglected pursuant to ¡ì
;
(b) alleged to be at risk of being abused or neglected by a parent or custodian who has been adjudicated as having abused or neglected another child in his care pursuant to ¡ì
;
(c) the subject of a petition for approval of an entrustment agreement pursuant to ¡ì
-
277.01; (d) the subject of a petition for relief of custody pursuant to ¡ì ;
(e) placed in foster care and is the subject of a foster care or permanency plan filed pursuant to ¡ì
,
,
,
or ;
and (f) the subject of a petition for termination of residual parental rights pursuant to ¡ì
.
You can review the bill here: .?
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The Imprint Features NACC Voices in Title IV-E Funding Article
The
Imprint featured NACC Legal Director Allison Green?and Board Member
Leslie Heimov?in its recent article:?31 states draw down federal funding for legal services for children and families through Title IV-E of the Social
Security Act. A pending formal rule change would expand access to legal services.
¡°I think it¡¯s really going to reaffirm that this is a bipartisan, agreed upon best practice,¡± said Green, ¡°and that it is here to stay for child
welfare.¡±
Iowa Joins Trend of States Moving Toward Client-Directed Legal Representation
On February 8, the Iowa judiciary subcommittee held a public hearing to consider
, which would require the appointment of legal counsel for children ten and older and the appointment of a GAL attorney for children under ten. Current Iowa law
mandates GAL attorneys for all children. NACCLR member Kayla Powell?testified in support of the bill. NACC submitted a
?of
support. The subcommittee passed the bill on February 12, and the full committee approved it on February 19 and renumbered it as HF 2580.
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Balancing Acts: Navigating Suffering with Self-Compassion
March 12, 10am MT
Presenters:
Sheri Freemont, JD
Vivek Sankaran, JD, CWLS
Join us for the first of a four-part webinar series where we delve into a vital yet often overlooked aspect of child welfare work: the wellbeing
of the professionals behind the scenes. Every day, dedicated child welfare attorneys and other professionals navigate through the profound suffering within families they serve, yet their own emotional toll is frequently disregarded. In this discussion, we
explore the inherent suffering experienced by child welfare attorneys and other professionals and highlight practical strategies rooted in compassion science. Discover how we can cultivate openness and responsiveness to the suffering of others while also nurturing
our own wellbeing.
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Spring Red Book Training Course
April 16 through June 4
Tuesdays from 3:00 ¨C 4:30pm MT
The Red Book Training Course is an exciting opportunity for practitioners to brush up on their knowledge of federal child welfare law and learn
tips to enhance their representation of children, parents, or the agency. NACC¡¯s signature Red Book Training Course covers major dependency practice competency areas and is designed to assist you in preparing for the Child Welfare Law Specialist examination.
The 2024 course will include material based on the Fourth Edition of Child Welfare Law and Practice: Representing Children, Parents, and Agencies in Neglect, Abuse, and Dependency Cases. During weekly webinars, the presenter will assist participants
in breaking the material down, focusing on important concepts, and learning CWLS exam-taking strategies.?
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NACC Advocates for Children, Families, and Young Adults
NACC signed letters to
?and
?urging them to make the Child Tax Credit permanent to help lift children and families out of poverty. NACC also signed a letter urging Congress to ensure young
people have the .
State Coordinator in the News
Public News Service featured NACC Virginia State Coordinator
Valerie L'Herrou?in an article about ?in child dependency cases.
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Early Registration is Open!
We hope you'll
Enhance your practice, connect with fellow advocates, and take your advocacy to the next level. NACC offers an onsite conference in Salt Lake City
in August, and a virtual conference online in September. Onsite/dual registration includes access to the online conference, which will have its own program.
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Onsite Conference
Salt Lake City, Utah
August 12-14?
Pre-conference and Career Fair August 11
Hyatt Regency Salt Lake City
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Virtual Conference
Online ¨C from the comfort of your home
September 11-13
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Room Block is Open - Lock in a fantastic room rate at the Hyatt Regency Salt Lake City!
$199/night for single or double, and this
.
Fly to Salt Lake City on
?and get a small discount when you use the meeting event code NY39G.
Additional Onsite Preconference Events
Registration is also open for our preconference sessions:
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8/11/2024
9:00am ¨C 4:30pm
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8/11/2024
10:00am ¨C 4:30pm
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8/11/2024
2:00pm ¨C 5:00pm
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Come early or stay after and enjoy Utah!
?We're thrilled to be in Utah this summer!?We hope you'll join us and see all the Beehive state has to offer - hiking, national parks, and the
home of the 2034 Olympics!
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Register for the 2nd?Annual Child Welfare Law Career Fair!
The Career Fair promotes positions in child welfare law offices and agencies for law students, recent grads, and persons
with lived experience in foster care.
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Removing a child: A painfully imperfect calculation
?by Daniel Pollack and Kathryn Krase.
?
New Resource from the Center for the Rights of Abused Children
?
Family Justice Resource Center Toolkit
?highlights how current child abuse pediatric policies violate established medical ethics, constitutional law, and professional regulations.
?
Center for the Rights of Abused Children Webinar
March 13.
, including NACC staff members
Allison Green?and Natalece Washington.
?
Job Opportunities
, University of Alabama
, University of Alabama
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Are you ready to enhance your practice? Become a certified
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Get your copy of the Red Book
NACC is proud to publish??also
known as ¡°the Red Book¡±.
?
Our completely revised fourth edition includes new topics and contributors:??
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Case details: from investigation to appeals?
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Focus on racial and LGBTQ+ justice?
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Focus on dual-status youth and parents/children with disabilities?
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Systemic, preventive, and multidisciplinary advocacy?
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And much more!?
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New Children's Law Office Guidebook - 2nd Edition!
NACC published the latest edition of the
.?Edited
by former NACC Training Director?Kristen Pisani-Jacques, JD, CWLS, the Guidebook includes contributions from 55 law office leaders and senior staff and demonstrates the growth and development of the field.?This is an essential new resource for
law office leaders!
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Have you updated your membership profile??We use information including your client type, state of primary practice, demographic information
including race and sexual orientation (this information is always private and not included in public records), and practice area to determine programming and understand the diversity of our membership community. Please make sure to update your profile by logging
in to your member account, navigating to My Account, and then My Profile.?
New Student Resource:?NACC¡¯s National Law School Student Organizer,?Leyda Garcia-Greenawalt, and Executive Director, Kim Dvorchak,
hosted the first ever Student Chapter Town Hall on February 16. We talked about NACC student resources and heard from our student chapter leaders from across the country. View the recording in
.?
Check out NACC¡¯s Resource Center! Filter by topic area, resource type, and view NACC¡¯s Information Hubs:??
National and State Listservs:
Join the conversation with child welfare practitioners across the country by joining the NACC listserv. Ask your peers questions about cases, policy, and share success stories and challenges.
NACC's listserv has undergone new security measures, and you may have received an email asking you to reverify your email address.?If you
have not done so yet, please review the email and complete the steps to reverify/rejoin the listserv.?
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Publications and Journals:??
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Prior issues of our quarterly law journal,
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Prior issues of this newsletter,
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Training, Webinars, and Practical Skills:
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Want to join the NACC listserv?
Need help logging in? Email Membership@...?
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Join the conversation on social media!?
#NACC2024 #ChildRep2024 #Counsel4Kids?
#CWLS
#PromotingExcellence #BuildingCommunity #AdvancingJustice?
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National Association of Counsel for Children |NACCchildlaw.org
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Valerie L¡¯Herrou
State Coordinator, National Association of Counsel for Children
Deputy Director, Center for Family Advocacy
Virginia Poverty Law Center??
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Valerie L'Herrou
