NACC's Spring Sale: membership, Red Book!
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Hello NACC Community and Child Welfare Practitioners,
NACC¡¯s annual 25% off individual membership sale is on now through the end of May! Join the NACC community or renew your membership
to add on a full 12 months of membership. Review the steps to join and all member benefits below! This is a great time to join or renew with the upcoming
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How to Join/Renew:?
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If you are a member, log in to your profile first!??
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Go to the
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Select the membership level, auto or manual renewal, and your billing cycle (annual or monthly).?
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On the next page, apply the coupon code
SPRINGSALE24 to receive 25% off of your membership dues.
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Proceed through the checkout process and complete your membership join/renewal!?
Contact Emily at
Membership@...?if you have any
difficulties or questions.
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Don¡¯t judge a book by its cover ¨C literally! Beauty is on the inside! If you don¡¯t need a mint-condition copy of the Red
Book, get an imperfect copy while supplies last at an even more affordable price! Imperfect Red Books may have minor wear or damage to covers, spine, or pages, but each copy is readable, useable, and has all of the content of the full price version.?
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?Member Benefits:
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?Monthly Member Webinars.
NACC Members can join our monthly member webinars live or access the recordings later on our website. See pending and past webinar.
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Monthly Newsletters.
Every month NACC produces The Advocate?which
includes policy updates, partner news, in addition to NACC news and events.
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Quarterly Law Journal.
Every quarter NACC publishes The Guardian. Newly updated, the journal includes feature articles, relevant research, practice tips, youth perspectives, and law office profiles. Prior issues and articles available as resources.
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National-Listserv.
NACC's national listserv and state listservs provide practitioners an opportunity to share resources and make connections. Connect with practitioners from across the country.
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Discounts on NACC's 47th National Child Welfare Law Conference in Salt Lake City.
Whether you join us in Salt Lake City or online, enjoy NACC's member conference discounts.
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Discounts on all NACC Products and Training. NACC Members receive discounts on
(the
"Red Book"), , NACC's .
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NACC Conference Library.
Access to 10 years of NACC Conference Materials
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National Association of Counsel for Children |
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Valerie ³¢¡¯±á±ð°ù°ù´Ç³Ü, Virginia State Coordinator, NACC
Deputy Director, Center for Family Advocacy
Virginia Poverty Law Center
919 East Main Street, Suite 610
Richmond, VA 23219
Direct/Mobile: (804) 351-5276
Fax: (804) 649-0974
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RESOURCES FOR CHILD DEPENDENCY PRACTIONERS
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Get your copy of the Red Book
NACC's "Red Book,"?is the bible for this practice area, as well as the basis for the Child Welfare Law Specialist Certification Course. This is the book to read cover to cover to gain an essential understanding of child dependency practice, as well as a reference for handling specific cases and situations.
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The fourth edition includes new topics and contributors:??
- Case details: from investigation to appeals?
- Focus on dual-status youth and parents/children with disabilities?
- Systemic, preventive, and multidisciplinary advocacy?
- And much more!?
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ABA INFOGRAPHIC: Legal Representation in Child Welfare Proceedings
If you can't afford to buy the NACC Red Book, or want a helpful supplement to it, this useful Infographic from the ABA Center on Children and the Law provides helpful information for those who represent children, parents, and agencies, and judges is attached, or access it on the ABA website:
Valerie ³¢¡¯±á±ð°ù°ù´Ç³Ü
Deputy Director, Center for Family Advocacy
Virginia State Coordinator, National Association of Counsel for Children
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Virginia Poverty Law Center
919 East Main Street, Suite 610
Richmond, VA 23219
Direct/Mobile: (804) 351-5276
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Fax: (804) 649-0974
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NACC Tip Sheet: engaging adolescent youth in their case
Representing youth in foster care:?
When we hear from youth who are or who have been in foster care, they consistently express disappointment and frustration that their wishes were not considered while in care.?
As amended in 2017, Va Code Sec. 16.1-282.1 ("Permanency planning hearing for children in foster care")
requires the court to consult with all?children in care?when it comes to permanency or transition plan. As far as I've been able to discern, courts are not doing this very often--nor is this tracked, despite there being a check box
on the court's form.
C. In each permanency planning hearing and in any hearing regarding the transition of the child from foster care to independent living, the court shall consult with the child in an age-appropriate manner regarding the proposed
permanency plan or transition plan for the child, unless the court finds that such consultation is not in the best interests of the child.
Additionally, a statutory change to Va Code Sec. 16.1-281 in 2021 lowered the age at which youth should be involved in the creation of their foster care plan:
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The representatives of such department or agency shall involve a child who is
?14?12?years of age or older in the
development of the plan and, at the option of such child, up to two members of the case planning team who are chosen by the child and who are not a foster parent of, or caseworker for, the child. A child under?14?12?years of age may be involved
in the development of the plan if such involvement is consistent with the best interests of the child. In cases where either the parent(s) or child is not involved in the development of the plan, the department or agency shall include in the plan a full description
of the reasons therefor.
For GALs representing the interests of youth age 12 and over, the NACC provides a useful "tipsheet" --attached!--for engaging youth in the creation of their foster care plans -- and in the permanency planning that will impact their life and future.?
Valerie
Valerie ³¢¡¯±á±ð°ù°ù´Ç³Ü
Deputy Director, Center for Family Advocacy
Virginia Poverty Law Center
919 East Main Street, Suite 610
Richmond, VA 23219
Direct/Mobile Line: (804) 351-5276
Fax: (804) 649-0974
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NACC: April edition of The Advocate
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Call for Nominations ¨C 2024 Promoting Excellence Awards
NACC presents the Promoting Excellence Awards annually to individuals and institutions making significant contributions to the
rights and well-being of children and families through high-quality legal representation.?NACC invites nominations for individual attorneys, organizations, and law students who demonstrate excellence in their advocacy efforts for children and families.
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In March, NACC¡¯s Executive Director Kim Dvorchak:
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Presented on
Pro Bono for Children¡¯s Rights?with Angela Vigil, Baker McKenzie and
Chris Tirrell, Google at the?Pro Bono Institute Conference?in Washington, DC.
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Served as a supreme court judge for final round of the?National Moot Court Competition in Child Welfare and Adoption Law in Columbus, OH.
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Presented on
Emerging Trends for Emerging Adults?with Felipe Franco, Annie E Casey Foundation and
Derrell Frazier, REFORM Alliance (see photo) at the National Council of Juvenile and Family Court Judges Juvenile Justice Conference
in Cleveland, OH.
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Joined child welfare and transportation leaders on Hop Skip Drive¡¯s
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Presented on
with Sneha Barve, ABA Center on Children and the Law, and
John Pollock, National Coalition for a Civil Right to Counsel in a briefing?for the
NACC's Allison Green in the New York Times
quoted NACC Legal Director
Allison Green?on the Interstate Compact on the Placement of Children in a piece on the intersection of family separation, interstate practices, and the politiciziation of immigration policy.
¡°Applying the compact to parents who simply live out of state, when there is no finding or even allegation of wrongdoing,
is unconstitutional and harmful to children,¡± said Green.
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The Role of Foster/Resource Parents in Dependency Hearings
April 16, 10:30am - 12:00 noon MT
Licensed non-relative family placements are crucial for the well-being of children in dependency cases and are integral to achieving
permanency for families. In this webinar, we will delve into:
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Assessment of foster parent support for established case permanency goals;
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Effective strategies for court presentation and consideration of foster parent involvement in achieving permanency; and
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Advocacy surrounding the varying levels of foster parent involvement in dependency proceedings.
Presenter
Shannon Felder, JD, CWLS, NACC Training Director
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Spring Online 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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Careers in Child Welfare Law: HBCU Edition
April 19 at Noon MT
To support the pipeline of diverse students into child law careers, NACC is excited to host Careers in Child Welfare Law: HBCU
Edition. All students in law school or interested in attending law school are welcome to join us as we highlight legal careers in criminal defense of minors, legal representation in child welfare proceedings (parent, child, state, or department), and/or policy
advocacy.?
?to learn more about NACC Student Engagement.?
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Compassionate Advocacy: Integrating Trauma-Informed Practices for an Enhanced Legal Practice
May 21, 12:00 - 1:30pm MT
Learning Objectives:
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Explore the foundational principles of trauma-informed care and their relevance in legal settings, including the identification of trauma indicators and understanding the impact of trauma
on clients.
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Learn actionable techniques for integrating trauma-informed practices into daily legal routines, such as providing hydration, snacks, and sensory tools to mitigate stress and promote client
comfort during proceedings.
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Examine the broader implications of trauma-informed approaches on client engagement, communication, and overall well-being within legal environments, fostering a culture of empathy, trust,
and support.
Presenter
Josephine C. Vanderhorst, MFP, JD, CWLS, NACC Senior Staff Attorney
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Three State Legislatures Consider Client Directed Model of Representation
Iowa
?requires the appointment of legal counsel for children ten and older and a GAL attorney for children under ten. The bill saw two proposed amendments in March. The first
would require the appointment of counsel and a GAL to youth under ten. The second would permit the same person to serve as GAL and counsel for a child under ten unless they could not adequately provide representation for both roles.
Kansas
?would require the district court to appoint an attorney as the representative for a child in Child in Need of Care proceedings and allow for the optional appointment
of a GAL. The attorney is required to take direction from the child as the child develops capacity to direct, and determine what the child would decide if they are not capable of making an adequately considered decision. The bill stalled after Judiciary committee
considered it on March 7.
Missouri
?would require the court to appoint client-directed legal counsel for children involved in proceedings involving abuse or neglect. Counsel would represent the child at
all stages of the proceeding, including appeal. The Senate Health and Welfare Committee voted to pass on the bill on February 28. The Senate will now review the bill to determine if it can be declared perfected.
NACC Advocates at the Federal Level
NACC signed on to extend the deadline for the
?and
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Amicus Update
NACC joined an
?regarding the rights for non-respondent parents in New York child welfare 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. Check out the
?now.
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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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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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Second Annual Child Welfare Law Career Fair
8/11/2024
2:00pm ¨C 5:00pm
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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Room Block is Open - Lock in a fantastic room rate at the Hyatt Regency Salt Lake City!
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$199/night for single or double, and this
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Book your Flights
Fly to Salt Lake City on
?and get a small discount when you use the meeting event code NY39G.
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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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NACC State Coordinators in the News
Indiana State Coordinator
Nicole Goodson?featured in ?discussing pending legislation that could affect children and families in Indiana.
New Hampshire State Coordinator
Lisa Wolford?penned?in
New Hampshire Bar News (page 29).
ABC News?quoted Ohio State Coordinator
Kim Jordan?in?about the juvenile legal system, mental illness, and the intersection with the child welfare system.
Virginia State Coordinator
Valerie ³¢¡¯±á±ð°ù°ù´Ç³Ü?appeared in the WY Daily piece in January.
Updated Resource on Federal Indian Law
A new edition of
,
by Stephen L. Pevar, is now available.
Job Opportunities
, Legal Aid Center of Southern Nevada
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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¡±.
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The 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 resource for law
office leaders!
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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 |
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NACC?| 899 N Logan St. Suite 208, Denver, CO 80203
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Valerie L'Herrou, Virginia State Coordinator, NACC
Valerie ³¢¡¯±á±ð°ù°ù´Ç³Ü
Deputy Director, Center for Family Advocacy
Virginia Poverty Law Center
919 East Main Street, Suite 610
Richmond, VA 23219
Direct/Mobile: (804) 351-5276
Fax: (804) 649-0974
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HB893 Passes; March issue of The Advocate: NACC's Member Newsletter
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
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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.
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New Resource from the Center for the Rights of Abused Children
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Family Justice Resource Center Toolkit
?highlights how current child abuse pediatric policies violate established medical ethics, constitutional law, and professional regulations.
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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:??
-
Case details: from investigation to appeals?
-
Focus on racial and LGBTQ+ justice?
-
Focus on dual-status youth and parents/children with disabilities?
-
Systemic, preventive, and multidisciplinary advocacy?
-
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.?
?
Publications and Journals:??
-
Prior issues of our quarterly law journal,
-
Prior issues of this newsletter,
?
Training, Webinars, and Practical Skills:
??
??
Want to join the NACC listserv?
Need help logging in? Email Membership@...?
??
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 ³¢¡¯±á±ð°ù°ù´Ç³Ü
State Coordinator, National Association of Counsel for Children
Deputy Director, Center for Family Advocacy
Virginia Poverty Law Center??
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ACTION: Senate Considers HB893 Monday am and Tuesday am
ACTION ALERT HB893?Attorneys appointed to represent parents?(McClure)
?
?
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Monday 8:00 am Senate Courts Cte?&?Tuesday 7:30 am Senate Finance General Gvmnt Subcte
THANK YOU?to all those who have already submitted comments, testified, and contacted their delegates.?
While the proposed compensation amounts were reduced by the House (from proposed $445 for each stage of the case and $1235 for TPR in both JDR and CC to $330, an $906 for TPR in JDR/CC),?It got out of the House 95-3!
?
The bill is now in the Senate and will be heard in the Courts of Justice committee Monday at 8am. Several of the Senate Courts members are also members of Senate Appropriations ¡ª which will hear it Tuesday morning, so hopefully we will get a good reception there.?While the bill is not funded in the Senate budget since there was not a separate senate bill, Senator Surovell and Senator Deeds co-patroned the bill and filed budget amendments, so I remain hopeful.?
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If you are represented by Sen. Surovell or Sen. Deeds, please thank them for their support when you contact them!
?
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MOST important:?The Finance subcommittee on General Government which meets on Tuesday am at 7:30. If these are your Senators or you practice in their districts, please contact them!? Their contact information is linked to their names below. If you are represented by others on Senate Finance/Approps, reach out to them!
Subcommittee Members
, Chair
?
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Testimony: So far, post-crossover, it does not seem as if committees are really taking a lot of online testimony -- but do sign up if you are interested in trying. There¡¯s not yet a current link for Courts or Finance, but check here 30 mins before the Committee meeting begins:?
?
Thank you, have a great weekend!
?
Valerie
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Action Alert: increasing parent rep compensation
Dear Practitioners:
THANK YOU?to all of you who have contacted your legislators!
YOUR ADVOCACY IS MAKING A DIFFERENCE. I am hearing from legislators that they are hearing from you!
HB893, carried by Delegate Adele McClure, in a reduced state after coming out of House Courts, is now heading to the General Government Subcommittee of House Appropriations.?
This is the BIGGEST hurdle. In past years, legislation to improve compensation has died in House Appropriations. IF the bill makes it out of House Approps, it will then need to pass the entire House; then Senate Courts of Justice; then Senate Finance. So we
are far from certain of success. Your advocacy is vital to keeping this bill alive!
The bill will increase compensation from $120 / $158 to
$445?and $1235. Not enough, but it's better than what we have now. The bill will also ensure practitioners receive parent representation-specific training, not just the minimal GAL training. This is especially vital for new practitioners who may
join the list when the rates are increased. You can read the current version of the bill as amended here:
Please contact the nine subcommittee members and explain how these low rates impact
your ability to represent parents. You can find their contact information here: .?
The subcommittee could hear the bill as early as Wednesday 2/7. The members may wonder
why HB102, the bill to increase the misdemeanor rates, is not sufficient. OUR bill would peg compensation to felony rates instead of misdemeanor rates.?The misdemeanor rates are not sufficient. Our bill makes the point that these matters are serious
and deserving of more consideration.
Thank you!
Valerie L'Herrou
NACC Virginia State Coordinator
Valerie ³¢¡¯±á±ð°ù°ù´Ç³Ü
Deputy Director, Center for Family Advocacy
Virginia Poverty Law Center
919 East Main Street, Suite 610
Richmond, VA 23219
Direct/Mobile: (804) 351-5276
Fax: (804) 649-0974
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Action Alert: increasing parent rep compensation; New report published
Dear Virginia Practitioners:
A new Virginia report is out on Parent Legal Representation. You can access it here:
ACTION ALERT:
Our bill to improve compensation for parent representation in child dependency cases will be heard in House Courts Civil Subcommittee tomorrow. The bill incorporates recommendations from the report above, as well as the earlier report,
The bill (HB893)?(McClure) would change
the compensation rates for parent representation from the misdemeanor compensation rates to the "other felony charge" under
section 19.2-163,?subdivision
2, clause iii ($445) for all stages of the case except TPR; and for TPR, the amount for a felony punishable for up to 20 years under
section 19.2-163, subdivision 2, clause ii ($1,235).
It would also direct OES to create standards
of practice and a new list of those who have been certified in those standards, so that attorneys who wanted to be on the GAL list but not represent parents would have their own list; or they could be on both lists.
It would also create an office to develop
pilot multidisciplinary law offices, and to handle the administration and reporting of Title IV-E funds that would be drawn down for that purpose.
If you wish to see the current version of
the bill before it is heard in subcommittee tomorrow, let me know and I'll send it.?The real battle
will be in the money committees -- but a unanimous vote from this committee will help!
WEDNESDAY JANUARY 31?afternoon, HOUSE COURTS CIVIL SUBCOMMITTEE MEETING
HOW TO ADVOCATE: contact members in advance
and/or?speak at the hearing in person or online
Courts of Justice Civil Subcommittee Members:
(find your legislator here:
)
Delegate Marcus Simon (Chair), Delegate Rip Sullivan, Delegate Atoosa Reaser, Delegate Joshua Thomas, Delegate
Karen Keys-Gamarra, Delegate Terry Kilgore, Delegate Jay Leftwich, Delegate Jason Ballard, Delegate Patrick Hope.?
If these delegates represent the area in which you live OR practice, let them know you support the bill; AND/OR
you may speak on the bill during the Subcommittee meeting!?
SUBCOMMITTEE MEETS: 1/31/24 afternoon, 1 hour after adjournment of the House. Could be as early as 2pm or
as late as 4pm.
NOTE: This may change, especially if the House adjourns late. KEEP AN EYE on the House floor video:
?(click "Now Playing" on the left side)
SPEAK IN PERSON:?The subcommittee will meet in the General Assembly Building at 201 N 9th?Street
in the House North Subcommittee Room on the 2nd?floor, or:?
SIGN UP TO SPEAK ONLINE:
Note: Must be signed up before noon tomorrow to speak! Written comments MAY be submitted through
this link. It's best to contact committee members directly, but use this option if you are not represented by any of the subcommittee members, or can't stay on the line to speak.
Valerie L'Herrou
NACC Virginia State Coordinator
National Association of Counsel for Children
Valerie ³¢¡¯±á±ð°ù°ù´Ç³Ü
Deputy Director, Center for Family Advocacy
Virginia Poverty Law Center
919 East Main Street, Suite 610
Richmond, VA 23219
Direct/Mobile: (804) 351-5276
Fax: (804) 649-0974
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NACC: Call for Conference Abstracts - deadline 1/31
PLEASE CONSIDER SUBMITTING AN ABSTRACT!
NACC has wonderful conferences. I have learned so much attending these. Please consider submitting an abstract to present a session, so Virginia can be represented! (Plus: vacation in Utah!)
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NACC's 47th National Child Welfare Law Conference
Working Together, Working Differently:
Justice, Compassion, and New Tools for Modern Advocacy
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Onsite Conference
Salt Lake City, Utah
August 12-14, 2024?
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, 2024
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Save the date,,?submit an abstract?(below), and
. The hotel rate is good for three days before and after the conference, so book now and plan to spend a week this summer seeing all that Utah has to offer. We can't wait to see you in Salt Lake City and online!
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Call for Abstracts
NACC seeks abstracts for its
?The annual conference is an opportunity for us to bring together professionals from child welfare law and intersecting fields and further NACC¡¯s mission through the exchange of ideas, information, and collective
efforts.
The conference will be in-person at the
?in August and online in September. NACC seeks abstract submissions from presenters willing to present in-person, online, or in both formats.
Conference sessions should be designed for a national audience, expand attendees¡¯ understanding of the law, provide practical
tools, and lend information and strategies for systems improvement.
Most conference attendees are attorneys and judges who work in child protection court systems. Many attendees have diverse
practices which also include work in the juvenile and criminal legal systems. Attendees also include professionals with lived expertise and from other disciplines including medicine, policy, community advocacy, immigration, education, social services, homelessness,
and civil rights, as well as law students and other child protection stakeholders.
NACC encourages submissions that will apply to attorneys who represent children, parents, agencies, and kinship caregivers,
as well as judges and multidisciplinary professionals working in child welfare. NACC also seeks abstracts for its pre-conference Children¡¯s Law Office Convening.
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Abstracts are due January 31; no late submissions will be considered.
All applicants will be notified of NACC¡¯s selection decisions by the end of April.?
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NACC will consider the following in reviewing abstract submissions:
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Diversity, equity, and inclusion ¨C which includes diversity in presenters, topic areas, and geographic representation
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Authentic inclusion of the voices and experiences of individuals with lived expertise in the child welfare system in both the preparation and presentation of the session
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Practical application and concrete tips and takeaways that will elevate legal practice
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Interactivity and activities that attend to different learning styles
NACC Non-Discrimination Policy
It is the policy of the National Association of Counsel for Children not to discriminate against any individual or group
on the basis of race, culture, ethnicity, national origin, religion or religious beliefs, physical or mental disability, sex, sexual orientation, gender identity or gender expression, or age. NACC embraces diversity among its Board, staff, members, and volunteers.
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National Association of Counsel for Children?|
Together we are Promoting Excellence, Building Community, Advancing Justice
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Report: Legal Representation in Child Dependency Cases; resources for parents' counsel
Happy New Year!
We hope that 2024 brings legislative and budgetary changes to Virginia's system of legal representation in child dependency matters. Throughout this legislative session, which begins January 10, 2024, we will keep you updated with actions the legislature has
taken, and opportunities for you to advocate with your legislators.?
The first of two reports of the 2023 studies mandated by the 2023 legislative session on the issue has been published. I will send the other as soon as it is posted.
SJR 241 Workgroup Report:
Studying Legal Representation in Child Dependency Cases ?(SJR 241, 2023)
Recommendations include: increase the compensation for court-appointed panel attorneys for parents; establish standards for the qualification and performance of court-appointed attorneys for parents in child dependency cases; establish a state-level
Parent¡¯s Advocacy Commission; establish and fund pilot programs implementing a multidisciplinary model of legal representation for parents.
RESOURCES FOR PARENTS' COUNSEL:
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See attached documents:
1: VDSS Child & Family Services Manual, Part E, Section 2.7?explains what caseworkers should do to help maintain the relationship of a child with their parent during a parent's
incarceration (remember, the DSS has a continuing obligation to provide "reasonable efforts" to reunify the family unless the court has approved a goal that does not include reunification). The most recent version of the entire manual¡ªvital
for representing parents or children, as it lays out the obligations of the local department in these cases¡ªcan
be found on the VDSS website (scroll down).
2: Court Preparation Form for Parents: this useful document enables your clients to provide you with an update on their progress with their services plan. (While it is
to meet with your clients in between hearings to find out how things are going and what assistance they may need in navigating any barriers they may be experiencing in completing their service plans, as well as to advocate for any needed adjustments
of goals at Family Partnership and FAPT meetings (to ensure services are appropriate and achievable), realistically panel attorneys receiving
$120 per petition can rarely do this. Providing this form to your client, printing as many pages as necessary, can help your client prepare for court, and help you advocate for your client in court. This form is courtesy of Patty's Hope, a mothers' support
organization in Richmond, Virginia.?
OTHER RESOURCES
Children's Ombudsman Report
The 2023 report of the Children's Ombudsman is here:
National Association of Counsel for Children:?Resources for
parents'?and children's counsel:?
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Valerie L'Herrou, Virginia State Coordinator, National Association of Counsel for Children
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Valerie ³¢¡¯±á±ð°ù°ù´Ç³Ü
Deputy Director, Center for Family Advocacy
Virginia Poverty Law Center
919 East Main Street, Suite 610
Richmond, VA 23219
Direct/Mobile: (804) 351-5276
Fax: (804) 649-0974
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guides; policy update; NACC call for abstracts
Guides for parents:
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ABA,
Understanding Your Rights as a Parent in Virginia ?
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Supreme Court of Virginia,
Handbook for Parents and Guardians in Child Dependency Cases
Guide for youth (and request for help from youth)
VPLC is preparing to update this website,
"Learn Your Rights: a Guide
for Youth in Foster Care"
[]
and to reprint a small edition of the out-of-print booklet version (as a z-card with QR codes to the online content).? If you have youth clients who could benefit from the information in the online guide, and/or interested in giving us feedback as we update
these, we'd love to hear from them!
Policy update:
The Council of the Virginia State Bar voted unanimously at its fall meeting in October to support the recommendations of the
SB396 Legal Representation in Child Dependency workgroup. One of the recommendations is to increase compensation for court-appointed counsel from $120 to $445, or $1235 in circuit court.?
NACC?seeks
abstracts for its 47th National Child Welfare Law Conference:?
The
annual conference is an opportunity to bring together professionals from child welfare law and intersecting fields and further?NACC¡¯s mission through the exchange of ideas, information, and collective efforts. In 2024,?NACC?is excited to be in?Salt
Lake City, Utah from August 12-14?(preconference:
August 11) and online, September 11-13.?
NACC?encourages submissions that will
apply to attorneys who represent?children,
parents, agencies, and kinship caregivers,
as well as judges and multidisciplinary professionals working in child welfare.?NACC?also seeks abstracts for its pre-conference Children¡¯s Law Office Convening.
?
The theme of this year¡¯s conference
is Working Together, Working Differently:
Justice, Compassion, and New Tools for Modern Advocacy.
This year¡¯s conference theme reminds us that if we truly want the child protection legal system to look different, we must be different. This begins by centering the voices, wellbeing, and rights of children and parents in our daily work. From there, emerging
trends in high-quality legal representation, harm reduction, compassion-based practice, technology, and preventive advocacy help chart the course forward. Looking inward plays a role as well ¨C embracing discomfort, challenging established narratives, and leveraging
privilege for a purpose.?NACC?seeks abstract submissions that build on these ideas and convey concrete tips and skills for attorneys and practitioners. As a community of advocates, if we want to end at a different destination, we must start from a different
place.
Learn more and submit your abstract
at:
Having attended several NACC conferences,
both in person and online, I highly recommend attending, even if you don't submit an abstract!
Valerie L'Herrou
Virginia State Coordinator, NACC.
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Valerie ³¢¡¯±á±ð°ù°ù´Ç³Ü
Deputy Director, Center for Family Advocacy
Virginia Poverty Law Center
919 East Main Street, Suite 610
Richmond, VA 23219
Direct/Mobile: (804) 351-5276
Fax: (804) 649-0974
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Dear?Virginia Community Members/Practitioners,????
I hope this email finds you well. ±õ¡¯³¾ writing to share information from the??(NACC).
NACC is continuing to build a community network of child welfare lawyers nationwide and increase online learning opportunities.
Here are a few updates and resources from NACC:??
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NATIONAL ASSOCIATION OF COUNSEL FOR CHILDREN
Take an additional $5 off your entire cart when purchasing
an NACC training, membership, and/or publication!?
Use the promotional code NACCPROGRAM at checkout.?
NACC Silver, Gold, and Sapphire Memberships
25% Off Now through October!?
Join today or upgrade your Bronze membership to a higher-level membership.?
NEW 4th Edition Child Welfare Law and Practice included!?
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Hardcover copy of?The 4th Edition Red Book?
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Recognition as a high-level member in NACC's quarterly law journal,?The Guardian?
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Hardcover copy of?The 4th Edition Red Book?
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Recognition as a high-level member in NACC's quarterly law journal,?The Guardian?
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1-year Gift Membership for a colleague or friend?
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Hardcover copy of?The 4th Edition Red Book?
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Recognition as a high-level member in NACC's quarterly law journal,?The Guardian?
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1-year Gift Membership for a colleague or friend?
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$150 donation to NACC's??campaign?
Additionally, members receive free monthly webinars and discounts on NACC training year-round, including the upcoming??and next year's 47th National Child Welfare Law Conference in Salt Lake City!??
1.???If you are a member, log in to your profile first!?
3.???Select the membership level, auto or manual renewal, and your billing cycle (annual or monthly).?
4.???On the next page, apply the coupon code?HLM23?to receive 25% off of your membership dues.?
5.???Proceed through the checkout process and complete your membership join/renewal!?
NACC Upcoming Trainings:
Enhance Your Practice This Fall!?
FEATURED TRAINING: NACC Virtual Training Series: High-Quality Legal Representation for Infants and Toddlers?
NACC invites all practitioners to join us for our inaugural virtual training series: High-Quality Legal Representation for Infants and Toddlers. Presented by NACC staff, and created in partnership with the ABA Center on Children and the Law, the Rocky Mountain Children¡¯s Law Center, Zero to Three, and the Kempe Center, this first-of-its-kind training series focuses on the knowledge, skills, activities, and best practices needed to deliver high-quality representation to infants and toddlers.?
November Webinar: Your Feelings Make Sense: Using Validation to Build Client Rapport and Improve Interview Outcomes?
Elissa Duncan, JD, CWLS, Attorney III at the California Department of Social Services?
Christina Milburn, JD, CWLS, Training Attorney at the Children's Law Center of California.?
From the initial contact with child welfare personnel/law enforcement to the closure of the case, participants¡¯ voices, feelings, and perspective are often ignored at the expense of expediency and efficiency. Validation techniques allow system partners to honor the experience of those they serve and stay in the moment with them. It is a way of showing that the system cares and understands their feelings just the way they are, without fixing or changing them. This webinar will cover the differences between emotional, behavioral, and cognitive validation and how to use them effectively in client contact to elevate voices, disrupt harm, and promote healing.?
NACC's Attorney Collaboration Survey and NACC Community Survey?
NACC Attorney Collaboration Survey
(formerly Youth Engagement Survey)?
The purpose of this survey is to evaluate the engagement of child welfare attorneys with:?
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Youth currently navigating the foster care system;??
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Lived experience experts, young professionals that have prior experience navigating the foster care system; and??
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CASA/GAL volunteers, trained community volunteers who advocate for a child¡¯s best interests in court.??
Your survey contributions will help us evaluate current practices and assess the need for additional training and resources to enhance the provision of high-quality legal representation to children and families.?
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NACC Community Survey?
As Team NACC conducts planning for 2024 and beyond, we want to better understand the interests and demographics of our members. What services and resources matter most to you? What would you like NACC to do differently? Now is the time to share your thoughts - the suggestion box is open!?
Thank you for taking 5 minutes to participate in this survey.?The survey is completely anonymous, but you are welcome to leave your name and contact information at the end.?
Additional NACC Resources?
:?While our membership includes children¡¯s attorneys, parents¡¯ attorneys, agency attorneys, and juvenile court judges; it also includes multidisciplinary professionals, including doctors, social workers, educators, and lay advocates with a specific interest in advancing the rights and well-being of children in the child welfare system. View our membership options and?! Questions? Contact?Membership@....?
Check out NACC¡¯s brand-new Resource Center! Filter by topic area, resource type, and view NACC¡¯s Information Hubs (updated frequently):???
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I hope you find?these resources helpful. Thank you again for your time and for the work you do every day for children and families.???
Valerie ³¢¡¯±á±ð°ù°ù´Ç³Ü?
NACC State Coordinator???
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COMPENSATION NEWS! and CLE and Training opportunities
Dear Virginia Child Dependency Practitioner:?
?
I heard great news from the Supreme Court of Virginia today! In addition to the increase in compensation for TPR appeals in the Court of Appeals that I had previously
announced, there are new rates of compensation for TPR appeals in SCOVA:
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The following updated fee structure for court-appointed counsel in appeals before the Supreme Court of Virginia has been approved by the Court:
Court-appointed counsel fees for representation at the petition stage of the process will be set as follows:
? Misdemeanor appeals: fee amounts begin at $700, not to exceed $1,500
? Felony appeals: fee amounts begin at $1,000, not to exceed $2,000
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Termination of Parental Rights appeals: fee amounts begin at $1000, not to exceed $2,000
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If a petition for appeal is granted, court-appointed counsel in
docketed criminal and termination of parental rights appeals that proceed to an opinion or order will receive $3,250 and are not paid at the petition stage.
MCLEs!
As October 31 nears, you may be seeking to gain your MCLE credits, or simply to increase your knowledge in this and related practice areas. If so, read on!
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Virginia Bar Association
(free for VBA members, $95 non-VBA)
Helping the Helpers: Legal Assistance for Children and Their Kinship Caregivers Helping the Helpers: Legal Assistance for Children and Their Kinship Caregivers
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When: Wednesday, Oct. 4, 2023 2 -4 p.m.
Where: Zoom
Online registration is available until: 10/3/2023
MCLE Credits: 2.0 (0.0 Ethics) Approved
GAL: 2.0 Approved
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2023 VSB Pro Bono Conference?
Wednesday, October 18?9 am¨C4:15 pm
Greater Richmond Convention Center
Total?6 hours CLE credit
Registration is FREE! There are in-person and remote attendance options available. This event is held in conjunction with the VPLC Statewide Legal Aid Conference.?This year's theme is "Poverty
and the Law: Context and Content for Attorneys Representing Low-Income Clients." The conference will feature four 90-minute programs, and presenters will include a veteran legal aid attorney, nonprofit legal services organization staff, the CEO of a children's
advocacy group, and a nationally-recognized procedural justice speaker. View agenda and register:?
FYI: The VPLC Statewide Legal Aid Conference includes sessions
on Evidence in Family Law and Child Welfare and is free to Legal Aid Attorneys. Private attorneys may attend all sessions for a fee of $125 (total).? ?
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VSB On-Demand: Representing Parents in Child Dependency Cases, Parts 1 & 2:
¨C Overview & Best Practices ?(1 hour On-Demand CLE credit)
Sponsored by the VSB Access to Legal Services Committee, the VSB Young Lawyers Conference, and the National Association of Counsel for Children, Virginia Chapter
¨C
The Office of the Children¡¯s Ombudsman (1.0 hour On-Demand CLE) Sponsored by the VSB Access to Legal Services Committee, the VSB Young Lawyers Conference, and the National Association of Counsel for Children, Virginia Chapter
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NACC: Rebroadcast On-Demand with VPLC Virginia-specific
content:?
Engaging, Supporting, and Advocating for Incarcerated
Parents & Their Children
from the National Association of Counsel for Children, with added Virginia-specific content which is also approved for?on-demand?CLE credit by the Virginia bar.
Recording Link:
You will need a passcode to access. Email
Valerie@... for passcode and Handouts.
NACC: High-Quality Legal Representation for Infants
and Toddlers: Virtual Training Series
a three-part series, offered three Thursdays in November:
Nov 2, 9, & 16,?2-4?pm EST?
Created in partnership between the National Association of Counsel for Children, the ABA Center on Children and the Law, the Rocky Mountain Children¡¯s Law Center, Zero to Three, and the Kempe Center, this first-of-its-kind training
series focuses on the knowledge, skills, activities, and best practices needed to deliver high-quality representation to infants and toddlers.?Registrants
will receive access to all three live webinars and their recordings (for six months), and all session materials.
For registration information,
visit?
Cost: $100/person or members and groups, $150 for nonmembers. For group registration, please contact Daniel.trujillo@...
_______________________________________________________________________________________________________________________________
SPECIAL NOTE: If you are interested in advocating for the recommendations of the
, please contact Valerie ³¢¡¯±á±ð°ù°ù´Ç³Ü at Valerie@....
Thank you for all you do for Virginia families and children.
?
Valerie ³¢¡¯±á±ð°ù°ù´Ç³Ü,
Virginia State Coordinator, National Association of Counsel for Children
Valerie ³¢¡¯±á±ð°ù°ù´Ç³Ü
Deputy Director, Center for Family Advocacy
Virginia Poverty Law Center
919 East Main Street, Suite 610
Richmond, VA 23219
Direct/Mobile: (804) 351-5276
Fax: (804) 649-0974
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National Association of Counsel for Children (NACC) news
Dear?Virginia Community Members/Practitioners,???
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I hope this email finds you well. ±õ¡¯³¾ writing to share information from the??(NACC). NACC is continuing to build a community network of child welfare lawyers nationwide and increase
online learning opportunities.
?
Here are a few updates and resources from NACC:?
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National Association of Counsel for Children
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NACC Upcoming Trainings: Enhance Your Practice This Fall!
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Fall Red Book Training Course
Tuesdays, September 5¨COctober 24
3:00PM ¨C 4:30PM MDT
CWLS Price: $125
Groups and NACC Member Price: $225
Non-Member Price: $300
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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. The course covers major dependency practice competency areas and includes exam preparation strategies and tools for those intending
to become certified Child Welfare Law Specialists. The material covered in the course is drawn from?Child Welfare Law and Practice: Representing Children, Parents, and Agencies in Neglect, Abuse, and Dependency Cases?(4th Edition).
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October Webinar: Defining ¡°Services¡± Within Reasonable Efforts through a Safety Lens
October 25
10:00AM MST
NACC Member Price: FREE
Non-Member Price: $45
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Presenters:
Todd Darling, MSW, Child Welfare Specialist for ACTION for Child Protection
Lindsay Hanson, JD, Staff Attorney, University of Florida Levin College of Law
Tarrin Reed, MSW, Director of Project Management with ACTION for Child Protection
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During the webinar, the presenters will explore the definition of reasonable efforts through
a safety lens by defining and identifying safety services within the context of reasonable efforts. The concept of safety planning as a service, and the correlation with reasonable efforts, will be discussed and practical examples will be provided to attendees.
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NACC Virtual Training Series: High-Quality Legal Representation for Infants and Toddlers
November 2, 9, & 16
12:00PM - 2:00PM MT
NACC Member Price: $100
Non-Member Price: $150
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NACC invites all practitioners to join us for our inaugural virtual training series: High-Quality
Legal Representation for Infants and Toddlers. Presented by NACC staff, and created in partnership with the ABA Center on Children and the Law, the Rocky Mountain Children¡¯s Law Center, Zero to Three, and the Kempe Center, this first-of-its-kind training series
focuses on the knowledge, skills, activities, and best practices needed to deliver high-quality representation to infants and toddlers.
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4th Edition Child Welfare Law and Practice
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For 45 years, the National Association of Counsel for Children has prioritized creative ways of delivering vital updates to child
welfare professionals. We are proud to announce the fourth edition of Child Welfare Law and Practice: Representing Children, Parents, and Agencies in Neglect, Abuse, and Dependency Cases, also known as ¡°the Red Book¡±. We¡¯ve gathered both new and experienced
practitioners and child welfare advocates to revise and re-envision the Red Book, offering the ultimate guidebook for those who make child welfare advocacy their priority.
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Our completely revised fourth edition includes an array of new topics and contributors as listed:
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¡¤????????
Five-segment book structure
¡¤????????
Case details: from investigation to appeals
¡¤????????
Focus on racial and LGBTQ+ justice
¡¤????????
Focus on dual-status youth, and parents/children with disabilities
¡¤????????
Systemic, preventive, and multidisciplinary advocacy
¡¤????????
And much more!
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CWLS Member Price: $140
NACC Member Price: $149
Non-Member Price: $199
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*Does not include cost of shipping.
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Additional NACC Resources
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:?While
our membership includes children¡¯s attorneys, parents¡¯ attorneys, agency attorneys, and juvenile court judges; it also includes multidisciplinary professionals, including doctors, social workers, educators, and lay advocates with a specific interest in advancing
the rights and well-being of children in the child welfare system. View our membership options and?! Questions? Contact?Membership@....
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Check out NACC¡¯s brand-new Resource Center! Filter by topic area, resource type, and
view NACC¡¯s Information Hubs (updated frequently):??
¡¤????????
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I hope you find?these resources helpful. Thank you again for your time and for the work you do every day for children and families.??
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Sincerely,??
Valerie L'Herrou
NACC State Coordinator??
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Valerie ³¢¡¯±á±ð°ù°ù´Ç³Ü
Deputy Director, Center for Family Advocacy
Virginia Poverty Law Center
919 East Main Street, Suite 610
Richmond, VA 23219
Direct/Mobile: (804) 351-5276
Fax: (804) 649-0974
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Re: Two updates on compensation for parent counsel; NACC online conference
Ah, you raise an important issue! ±õ¡¯³¾ sorry -- and grateful that you are taking these cases essentially pro bono. ±õ¡¯³¾ hopeful that if we get the cap increased to $445 we can make
the case that it applies to these too.
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toggle quoted message
Show quoted text
From: [email protected] < [email protected]>
On Behalf Of Katherine Decker via groups.io
Sent: Monday, September 18, 2023 6:03 PM
To: [email protected]
Subject: Re: [NACCVirginia] Two updates on compensation for parent counsel; NACC online conference
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Dear Valerie,
I am very interested in advocating for the fee cap increase.?
Also, has it been addressed what parents¡¯ counsel get paid in a Child Protective Order? It is horrible compared to a foster care case. While, both are the same fee cap ($120 per child), in a foster care case, the fee cap resets at each
stage (ie foster care review, permanency planning, etc). In a Child Protective Order case, it is $120 per child for the entirety of the case (5-day hearing, adjudication, disposition and any review hearings). In my area (24th Judicial district), it is common
to come back for at least one, if not two or possible three review hearings. Thus, by the end of a Child Protective Order case, per hour, I make less than minimum wage due to the $120 fee cap.
?
Cordially,
Katherine A. Decker, Esq.
Foundations Law, PLLC
P.O. Box 12002
Lynchburg, VA 24506-2002
Phone: (434) 841-9790
Fax: (434) 485-5415
CONFIDENTIALITY NOTICE
This communication contains information?that is intended only for the recipient?named and may be confidential and?subject to the attorney-client privilege. ?The?information herein may also be protected?by the Electronic Communications Privacy?Act, 18 U.S.C.A.
2510-2521. ?If you are not?the intended recipient or an agent?responsible for delivering this?communication to the intended recipient,?you are hereby notified that you have?received this communication in error, and?that any review, dissemination, distribution?or
copying of this communication is strictly?prohibited. ?Delivery of this message to?any person other than the intended?recipient(s) is not intended in any way to?waive privilege or confidentiality. ?If you?received this communication in error,?please notify
me immediately by telephone?or reply e-mail and destroy the?communication without saving it on your?hard drive or retaining any copies. ?Thank?you.
On Sep 18, 2023, at 10:47, Valerie L'Herrou <valerie@...> wrote:
?
Thanks for this question, Morgan!
Yes, it is anticipated that this issue will be put before the Bar Council at their next meeting, October 12/13.
If anyone is interested in advocating for this issue with the Bar Council, let me know! I am creating an advocacy information packet.
Deputy Director, Center for Family Advocacy
Virginia Poverty Law Center
919 East Main Street, Suite 610
Richmond, VA 23219
Direct/Mobile: (804) 351-5276
Valerie,
Do you know when Bar Council is voting or has it already?happened?
The Child Advocate Law Firm PLLC????? ? ? ? ? ? ? ?
??
1710 Allied Street, Suite 21
Charlottesville, VA 22903
Privilege and Confidentiality Notice:? This e-mail message, and any files
or text attached, are intended only for the recipients named above in the message headers and contain information that may be attorney-client privileged and/or confidential information intended for the sole use of the named recipient(s) only. Any unauthorized
review, use, copying, disclosure or distribution of this message is strictly prohibited. If you are not an intended recipient of this message (or authorized to receive for the recipient), please contact the sender by reply e-mail and destroy all soft and hard
copies of the message and any attachments. Thank you for your cooperation.
?
?
On Fri, Sep 1, 2023 at 1:16?PM Valerie L'Herrou <valerie@...> wrote:
FEE INCREASE! Thank you to those who answered my question about compensation for appointed parents' counsel in TPR appeals to the COAV. It appears that most commonly, attorneys
were paid a flat $750 fee and were reimbursed for the cost of the transcript, which typically was several hundred dollars¡ªand it took several
months after the conclusion of the case to be paid, so people were often out of pocket for a year or more.
After the posting of new compensation rates for the by-right criminal appeals process in the COAV, and armed with the information from all of you, I reached out to the OES to
ask if the new rates applied to appointed counsel in parents' TPR appeals as well. The OES did not know, and reached out to the finance folks at COAV; they said no. But: a few days later, they changed their minds.
So, I am assuming this now applies to all TPR appointments in COAV:?"$1500 for misdemeanor appeals briefed and argued before the
Court and $1300 for those cases that are not argued."?Please keep me apprised of your experiences in getting compensated for these cases in the COAV.
We have asked the VSB to take a position on the recommendations that have come out of the Legal Representation Workgroup (see report here),
similar to the role they took in getting the fee cap waiver passed in criminal cases¡ªwhich was brought to my attention by former delegate (now judge) Jeff Campbell.?
While initially reluctant, the Bar agreed to look into it when they learned about that effort. Yesterday, the Access to Legal Services Committee passed a resolution:
"That the Access to Legal Services Committee recommends to VSB leadership that the Virginia State Bar supports the recommendations of the Virginia
Child Dependency Legal Representation Workgroup, created by Senate Bill 396 in 2022, and continued by Senate Joint Resolution No. 241 in 2023, as convened by the Office of the Children¡¯s Ombudsman, to improve the quality of legal representation in child dependency
cases."
There are several recommendations; the compensation recommendation is an increase to $445 per each stage of a foster care case, and $1235 for a TPR.
The resolution will go before Bar Council at their next meeting. If you are on Bar Council, please support this resolution; if you know those who are, please ask them to vote for it. If you need more information, or a one-page explainer, please let me know¡ªI'll
be happy to provide it!
The National Association of Counsel for Children had its annual conference in Minneapolis last month. This month, the online version will be presented.
I have always learned so much from their presentations (I have not tried to get Virginia CLE credit when I've attended). You can learn more and register here:? ??
Also: This CLE on October 4 is free for VBA members: "Helping the Helpers: Legal Assistance for Children
and their Kinship Caregivers"??
Virginia Coordinator, National Association of Counsel for Children
Deputy Director, Center for Family Advocacy
Virginia Poverty Law Center
919 East Main Street, Suite 610
Richmond, VA 23219
Direct/Mobile Line: (804) 351-5276
Fax: (804) 649-0974
?
|
Re: Two updates on compensation for parent counsel; NACC online conference
I am interested. I will call my bar council reps.?
On Mon, Sep 18, 2023, 10:47 AM Valerie L'Herrou < valerie@...> wrote:
Thanks for this question, Morgan!
Yes, it is anticipated that this issue will be put before the Bar Council at their next meeting, October 12/13.
If anyone is interested in advocating for this issue with the Bar Council, let me know! I am creating an advocacy information packet.
Valerie ³¢¡¯±á±ð°ù°ù´Ç³Ü
Deputy Director, Center for Family Advocacy
Virginia Poverty Law Center
919 East Main Street, Suite 610
Richmond, VA 23219
Direct/Mobile: (804) 351-5276
Fax: (804) 649-0974
?
Valerie,
Do you know when Bar Council is voting or has it already?happened?
Morgan A. Cox
The Child Advocate Law Firm PLLC?
? ? ? ? ? ? ? ? ? ??
1710 Allied Street, Suite 21
Charlottesville, VA 22903
Phone:? 434-282-4575
Fax:? 434-205-9200
Privilege and Confidentiality Notice:? This e-mail message, and any
files or text attached, are intended only for the recipients named above in the message headers and contain information that may be attorney-client privileged and/or confidential information intended for the sole use of the named recipient(s) only. Any unauthorized
review, use, copying, disclosure or distribution of this message is strictly prohibited. If you are not an intended recipient of this message (or authorized to receive for the recipient), please contact the sender by reply e-mail and destroy all soft and hard
copies of the message and any attachments. Thank you for your cooperation.
On Fri, Sep 1, 2023 at 1:16?PM Valerie L'Herrou < valerie@...> wrote:
First:
FEE INCREASE! Thank you to those who answered my question about compensation for appointed parents' counsel in TPR appeals to the COAV. It appears that most commonly, attorneys were paid a flat $750 fee and were reimbursed for the
cost of the transcript, which typically was several hundred dollars¡ªand it took several months after the conclusion of the case
to be paid, so people were often out of pocket for a year or more.
After the posting of new compensation rates for the by-right criminal appeals process in the COAV, and armed with the information from all of you, I reached out to the OES to ask if the new rates applied to appointed counsel in
parents' TPR appeals as well. The OES did not know, and reached out to the finance folks at COAV; they said no. But: a few days later, they changed their minds.
So, I am assuming this now applies to all TPR appointments in COAV:
"$1500 for misdemeanor appeals briefed and argued before the Court and $1300 for those cases that are not argued."
Please keep me apprised of your experiences in getting compensated for these cases in the COAV.
Second:
We have asked the VSB to take a position on the recommendations that have come out of the Legal Representation Workgroup (see report here
), similar
to the role they took in getting the fee cap waiver passed in criminal cases¡ªwhich was brought to my attention by former delegate (now judge) Jeff Campbell.?
While initially reluctant, the Bar agreed to look into it when they learned about that effort. Yesterday, the Access to Legal Services Committee passed a resolution:
"That the Access to Legal Services Committee recommends to VSB leadership that the Virginia State Bar supports
the recommendations of the Virginia Child Dependency Legal Representation Workgroup, created by Senate Bill 396 in 2022, and continued by Senate Joint Resolution No. 241 in 2023, as convened by the Office of the Children¡¯s Ombudsman, to improve the quality
of legal representation in child dependency cases."
There are several recommendations; the compensation recommendation is an increase to $445
per each stage of a foster care case, and $1235 for a TPR. The resolution will go before Bar Council at their next meeting. If you are on Bar Council, please support this resolution; if you know those who are, please ask them to vote for it. If you need more
information, or a one-page explainer, please let me know¡ªI'll
be happy to provide it!
Finally:?
The National Association of Counsel for Children had its annual conference in Minneapolis
last month. This month, the online version will be presented. I have always learned so much from their presentations (I have not tried to get Virginia CLE credit when I've attended). You can learn more and register here:? ??
Also:
This CLE on October 4 is free for VBA members: "Helping the Helpers: Legal Assistance for Children and their Kinship Caregivers"??
Valerie
Virginia Coordinator, National Association of Counsel for Children
![]()
Valerie ³¢¡¯±á±ð°ù°ù´Ç³Ü
Deputy Director, Center for Family Advocacy
Virginia Poverty Law Center
919 East Main Street, Suite 610
Richmond, VA 23219
Direct/Mobile Line: (804) 351-5276
Fax: (804) 649-0974
?
?
|
Re: Two updates on compensation for parent counsel; NACC online conference
Dear Valerie,
I am very interested in advocating for the fee cap increase.?
Also, has it been addressed what parents¡¯ counsel get paid in a Child Protective Order? It is horrible compared to a foster care case. While, both are the same fee cap ($120 per child), in a foster care case, the fee cap resets at each stage (ie foster care review, permanency planning, etc). In a Child Protective Order case, it is $120 per child for the entirety of the case (5-day hearing, adjudication, disposition and any review hearings). In my area (24th Judicial district), it is common to come back for at least one, if not two or possible three review hearings. Thus, by the end of a Child Protective Order case, per hour, I make less than minimum wage due to the $120 fee cap.
Cordially,
Katherine A. Decker, Esq.
Foundations Law, PLLC
P.O. Box 12002
Lynchburg, VA 24506-2002
Phone: (434) 841-9790
Fax: (434) 485-5415
CONFIDENTIALITY NOTICE
This communication contains information?that is intended only for the recipient?named and may be confidential and?subject to the attorney-client privilege. ?The?information herein may also be protected?by the Electronic Communications Privacy?Act, 18 U.S.C.A. 2510-2521. ?If you are not?the intended recipient or an agent?responsible for delivering this?communication to the intended recipient,?you are hereby notified that you have?received this communication in error, and?that any review, dissemination, distribution?or copying of this communication is strictly?prohibited. ?Delivery of this message to?any person other than the intended?recipient(s) is not intended in any way to?waive privilege or confidentiality. ?If you?received this communication in error,?please notify me immediately by telephone?or reply e-mail and destroy the?communication without saving it on your?hard drive or retaining any copies. ?Thank?you.
toggle quoted message
Show quoted text
On Sep 18, 2023, at 10:47, Valerie L'Herrou < valerie@...> wrote:
Thanks for this question, Morgan!
Yes, it is anticipated that this issue will be put before the Bar Council at their next meeting, October 12/13.
If anyone is interested in advocating for this issue with the Bar Council, let me know! I am creating an advocacy information packet.
<Outlook-udu3kc3w.png> Valerie ³¢¡¯±á±ð°ù°ù´Ç³Ü Deputy Director, Center for Family Advocacy
Virginia Poverty Law Center
919 East Main Street, Suite 610
Richmond, VA 23219
Direct/Mobile: (804) 351-5276 Fax: (804) 649-0974
?
Valerie,
Do you know when Bar Council is voting or has it already?happened?
Morgan A. Cox The Child Advocate Law Firm PLLC????? ? ? ? ? ? ? ? ??
1710 Allied Street, Suite 21
Charlottesville, VA 22903 Phone:? 434-282-4575 Fax:? 434-205-9200 Privilege and Confidentiality Notice:? This e-mail message, and any files or text attached, are intended only for the recipients named above in the message headers and contain information that may be attorney-client privileged and/or confidential information intended for the sole use of the named recipient(s) only. Any unauthorized review, use, copying, disclosure or distribution of this message is strictly prohibited. If you are not an intended recipient of this message (or authorized to receive for the recipient), please contact the sender by reply e-mail and destroy all soft and hard copies of the message and any attachments. Thank you for your cooperation.
On Fri, Sep 1, 2023 at 1:16?PM Valerie L'Herrou < valerie@...> wrote: First: FEE INCREASE! Thank you to those who answered my question about compensation for appointed parents' counsel in TPR appeals to the COAV. It appears that most commonly, attorneys were paid a flat $750 fee and were reimbursed for the cost of the transcript, which typically was several hundred dollars¡ªand it took several months after the conclusion of the case to be paid, so people were often out of pocket for a year or more.
After the posting of new compensation rates for the by-right criminal appeals process in the COAV, and armed with the information from all of you, I reached out to the OES to ask if the new rates applied to appointed counsel in parents' TPR appeals as well. The OES did not know, and reached out to the finance folks at COAV; they said no. But: a few days later, they changed their minds.
So, I am assuming this now applies to all TPR appointments in COAV:?"$1500 for misdemeanor appeals briefed and argued before the Court and $1300 for those cases that are not argued."?Please keep me apprised of your experiences in getting compensated for these cases in the COAV.
Second: We have asked the VSB to take a position on the recommendations that have come out of the Legal Representation Workgroup (see report here), similar to the role they took in getting the fee cap waiver passed in criminal cases¡ªwhich was brought to my attention by former delegate (now judge) Jeff Campbell.?
While initially reluctant, the Bar agreed to look into it when they learned about that effort. Yesterday, the Access to Legal Services Committee passed a resolution:
"That the Access to Legal Services Committee recommends to VSB leadership that the Virginia State Bar supports the recommendations of the Virginia Child Dependency Legal Representation Workgroup, created by Senate Bill 396 in 2022, and continued by Senate Joint Resolution No. 241 in 2023, as convened by the Office of the Children¡¯s Ombudsman, to improve the quality of legal representation in child dependency cases."
There are several recommendations; the compensation recommendation is an increase to $445 per each stage of a foster care case, and $1235 for a TPR. The resolution will go before Bar Council at their next meeting. If you are on Bar Council, please support this resolution; if you know those who are, please ask them to vote for it. If you need more information, or a one-page explainer, please let me know¡ªI'll be happy to provide it!
Finally:? The National Association of Counsel for Children had its annual conference in Minneapolis last month. This month, the online version will be presented. I have always learned so much from their presentations (I have not tried to get Virginia CLE credit when I've attended). You can learn more and register here:? ??
Also: This CLE on October 4 is free for VBA members: "Helping the Helpers: Legal Assistance for Children and their Kinship Caregivers"??
Valerie Virginia Coordinator, National Association of Counsel for Children
Valerie ³¢¡¯±á±ð°ù°ù´Ç³Ü Deputy Director, Center for Family Advocacy
Virginia Poverty Law Center
919 East Main Street, Suite 610
Richmond, VA 23219 Direct/Mobile Line: (804) 351-5276
Fax: (804) 649-0974
? ?
|
Re: Two updates on compensation for parent counsel; NACC online conference
Thanks for this question, Morgan!
Yes, it is anticipated that this issue will be put before the Bar Council at their next meeting, October 12/13.
If anyone is interested in advocating for this issue with the Bar Council, let me know! I am creating an advocacy information packet.
Valerie ³¢¡¯±á±ð°ù°ù´Ç³Ü
Deputy Director, Center for Family Advocacy
Virginia Poverty Law Center
919 East Main Street, Suite 610
Richmond, VA 23219
Direct/Mobile: (804) 351-5276
Fax: (804) 649-0974
?
toggle quoted message
Show quoted text
Valerie,
Do you know when Bar Council is voting or has it already?happened?
Morgan A. Cox
The Child Advocate Law Firm PLLC?
? ? ? ? ? ? ? ? ? ??
1710 Allied Street, Suite 21
Charlottesville, VA 22903
Phone:? 434-282-4575
Fax:? 434-205-9200
Privilege and Confidentiality Notice:? This e-mail message, and any
files or text attached, are intended only for the recipients named above in the message headers and contain information that may be attorney-client privileged and/or confidential information intended for the sole use of the named recipient(s) only. Any unauthorized
review, use, copying, disclosure or distribution of this message is strictly prohibited. If you are not an intended recipient of this message (or authorized to receive for the recipient), please contact the sender by reply e-mail and destroy all soft and hard
copies of the message and any attachments. Thank you for your cooperation.
On Fri, Sep 1, 2023 at 1:16?PM Valerie L'Herrou < valerie@...> wrote:
First:
FEE INCREASE! Thank you to those who answered my question about compensation for appointed parents' counsel in TPR appeals to the COAV. It appears that most commonly, attorneys were paid a flat $750 fee and were reimbursed for the
cost of the transcript, which typically was several hundred dollars¡ªand it took several months after the conclusion of the case
to be paid, so people were often out of pocket for a year or more.
After the posting of new compensation rates for the by-right criminal appeals process in the COAV, and armed with the information from all of you, I reached out to the OES to ask if the new rates applied to appointed counsel in
parents' TPR appeals as well. The OES did not know, and reached out to the finance folks at COAV; they said no. But: a few days later, they changed their minds.
So, I am assuming this now applies to all TPR appointments in COAV:
"$1500 for misdemeanor appeals briefed and argued before the Court and $1300 for those cases that are not argued."
Please keep me apprised of your experiences in getting compensated for these cases in the COAV.
Second:
We have asked the VSB to take a position on the recommendations that have come out of the Legal Representation Workgroup (see report here
), similar
to the role they took in getting the fee cap waiver passed in criminal cases¡ªwhich was brought to my attention by former delegate (now judge) Jeff Campbell.?
While initially reluctant, the Bar agreed to look into it when they learned about that effort. Yesterday, the Access to Legal Services Committee passed a resolution:
"That the Access to Legal Services Committee recommends to VSB leadership that the Virginia State Bar supports
the recommendations of the Virginia Child Dependency Legal Representation Workgroup, created by Senate Bill 396 in 2022, and continued by Senate Joint Resolution No. 241 in 2023, as convened by the Office of the Children¡¯s Ombudsman, to improve the quality
of legal representation in child dependency cases."
There are several recommendations; the compensation recommendation is an increase to $445
per each stage of a foster care case, and $1235 for a TPR. The resolution will go before Bar Council at their next meeting. If you are on Bar Council, please support this resolution; if you know those who are, please ask them to vote for it. If you need more
information, or a one-page explainer, please let me know¡ªI'll
be happy to provide it!
Finally:?
The National Association of Counsel for Children had its annual conference in Minneapolis
last month. This month, the online version will be presented. I have always learned so much from their presentations (I have not tried to get Virginia CLE credit when I've attended). You can learn more and register here:? ??
Also:
This CLE on October 4 is free for VBA members: "Helping the Helpers: Legal Assistance for Children and their Kinship Caregivers"??
Valerie
Virginia Coordinator, National Association of Counsel for Children
Valerie ³¢¡¯±á±ð°ù°ù´Ç³Ü
Deputy Director, Center for Family Advocacy
Virginia Poverty Law Center
919 East Main Street, Suite 610
Richmond, VA 23219
Direct/Mobile Line: (804) 351-5276
Fax: (804) 649-0974
?
?
|
This week: 2023 online conference; other learning opportunities
See below for upcoming training opportunities from NACC.?
Valerie ³¢¡¯±á±ð°ù°ù´Ç³Ü
Deputy Director, Center for Family Advocacy
Virginia Poverty Law Center
919 East Main Street, Suite 610
Richmond, VA 23219
Direct/Mobile: (804) 351-5276
Fax: (804) 649-0974
|
Don't Miss the 46th National Child Welfare Law Conference Online
September 20-22
Tomorrow is the last day to sign up for the 2023 Conference. Don't miss this chance to enhance your practice, hear from leaders, and connect with peers.
Register now then join NACC this week for the online portion of the 46th National Child Welfare Law Conference - From Learning to Action: Shared Accountability for Disrupting Harm
and Promoting Healing - from the comfort of your home or office.
Child Welfare Law Specialists and NACC members get a discount on registration.!
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If you joined us for the onsite conference in Minneapolis, you're all set. Onsite registration includes access to online sessions - with a new slate of presenters and topics!
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September Webinar: Protecting Financial Futures: Prevent, Identify & Resolve Identity Theft in Foster Care
September 28
11am MT
Presenters:
Melanie Delgado, JD, Senior Staff Attorney and Director of Transition Age Youth Projects, University of San Diego School of Law¡¯s Children¡¯s Advocacy Institute
Kyra Endoso, Impact and Systems Data Manager, Just In Time for Foster Youth
Mona Terry, MBA, Chief Victims Officer, Identity Theft Resource Center?
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Fall Red Book Training Course
Tuesdays, September 5¨COctober 24
3:00 ¨C 4:30pm MDT
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. The course includes preparation strategies for the Child Welfare Law Specialist exam and draws from?Child Welfare Law and Practice: Representing Children,
Parents, and Agencies in Neglect, Abuse, and Dependency Cases (4th Edition).
Registration is still open! Sign up now and catch up on past sessions.
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October Webinar: Defining ¡°Services¡± Within Reasonable Efforts through a Safety Lens
October 25
10am MT
Presenters:
Todd Darling, MSW, Child Welfare Specialist for ACTION for Child Protection
Lindsay Hanson, JD, Staff Attorney, University of Florida Levin College of Law
Tarrin Reed, MSW, Director of Project Management with ACTION for Child Protection
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NACC Publications - Promoting Excellence and Advancing Justice
NACC has the resources you need to advance justice, including the new 4th Edition Red Book, NACC Recommendations for Legal Representation, the Counsel for Kids Policymakers' Guide, and more. Whether you're a lawyer,
law student, policy advocate, or future child welfare law specialist, check out our publications.
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National Association of Counsel for Children | www.NACCchildlaw.org
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Re: Two updates on compensation for parent counsel; NACC online conference
Valerie,
Do you know when Bar Council is voting or has it already?happened?
Morgan A. Cox The Child Advocate Law Firm PLLC? ? ? ? ? ? ? ? ? ? ??
1710 Allied Street, Suite 21
Charlottesville, VA 22903 Phone:? 434-282-4575 Fax:? 434-205-9200 Privilege and Confidentiality Notice:? This e-mail message, and any
files or text attached, are intended only for the recipients named above in the
message headers and contain information that may be attorney-client privileged
and/or confidential information intended for the sole use of the named
recipient(s) only. Any unauthorized review, use, copying, disclosure or
distribution of this message is strictly prohibited. If you are not an intended
recipient of this message (or authorized to receive for the recipient), please
contact the sender by reply e-mail and destroy all soft and hard copies of the
message and any attachments. Thank you for your cooperation.
On Fri, Sep 1, 2023 at 1:16?PM Valerie L'Herrou < valerie@...> wrote:
First:
FEE INCREASE! Thank you to those who answered my question about compensation for appointed parents' counsel in TPR appeals to the COAV. It appears that most commonly, attorneys were paid a flat $750 fee and were reimbursed for
the cost of the transcript, which typically was several hundred dollars¡ªand
it took several months after the conclusion of the case to be paid, so people were often out of pocket for a year or more.
After the posting of new compensation rates for the by-right criminal appeals process in the COAV, and armed with the information from all of you, I reached out to the OES to ask if the new rates applied to appointed counsel in
parents' TPR appeals as well. The OES did not know, and reached out to the finance folks at COAV; they said no. But: a few days later, they changed their minds.
So, I am assuming this now applies to all TPR appointments in COAV:
"$1500 for misdemeanor appeals briefed and argued before the Court and $1300 for those cases that are not argued."
Please keep me apprised of your experiences in getting compensated for these cases in the COAV.
Second:
We have asked the VSB to take a position on the recommendations that have come out of the Legal Representation Workgroup (see report here
), similar to the role
they took in getting the fee cap waiver passed in criminal cases¡ªwhich was brought to my attention by former
delegate (now judge) Jeff Campbell.?
While initially reluctant, the Bar agreed to look into it when they learned about that effort. Yesterday, the Access to Legal Services Committee passed a resolution:
"That the Access to Legal Services Committee recommends to VSB
leadership that the Virginia State Bar supports the recommendations of the Virginia Child Dependency Legal Representation Workgroup, created by Senate Bill 396 in 2022, and continued by Senate Joint Resolution No. 241 in 2023, as convened by the Office of
the Children¡¯s Ombudsman, to improve the quality of legal representation in child dependency cases."
There are several recommendations; the compensation
recommendation is an increase to $445 per each stage of a foster care case, and $1235 for a TPR. The resolution will go before Bar Council at their next meeting. If you are on Bar Council, please support this resolution; if you know those who are, please ask
them to vote for it. If you need more information, or a one-page explainer, please let me know¡ªI'll
be happy to provide it!
Finally:?
The National Association of Counsel
for Children had its annual conference in Minneapolis last month. This month, the online version will be presented. I have always learned so much from their presentations (I have not tried to get Virginia CLE credit when I've attended). You can learn more
and register here:? ??
Also:
This CLE on October 4 is free for VBA members: "Helping the Helpers: Legal Assistance for Children and their Kinship Caregivers"??
Valerie
Virginia Coordinator, National Association of Counsel for
Children
Valerie ³¢¡¯±á±ð°ù°ù´Ç³Ü
Deputy Director, Center
for Family Advocacy
Virginia Poverty Law Center
919 East Main Street, Suite 610
Richmond, VA 23219
Direct/Mobile Line: (804) 351-5276
Fax: (804) 649-0974
?
?
|
Valerie L'Herrou
