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Two updates on compensation for parent counsel; NACC online conference
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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—and
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—which 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:
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—I'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"??https://www.vba.org/events/event_details.asp?legacy=1&id=1751976
Valerie
Virginia Coordinator, National Association of Counsel for
Children
Valerie L’Herrou Deputy Director, Center
for Family Advocacy Direct/Mobile Line: (804) 351-5276 ? ? |
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Appeal? and: compensation in VCOA?
开云体育Dear Listserv members: ? It’s my understanding that there’s currently a parent in central Virginia area (16th circuit) with a TPR appeal that has been stayed (circuit court holding up its order) for lack of counsel to take to VCOA—the court cannot find anyone to accept appointment. So far I’ve heard from one attorney that they were compensated <$400 for brief and argument, and compensated after the case was complete for the transcript. This leads me to two questions: ?
? If indeed VCOA is paying less than $400 for brief and argument on a TPR, I want to be able to add this to any legislation (yes, trying again this year!) to increase the compensation rates for parent representation (currently $120/$158 per petition in JDR/circuit). ? I will keep this group apprised of these efforts—if you are interested in getting involved, let me know. I’ll send out more calls for contacting legislators as we get closer to the 2024 session. ? Thanks! ? ? Valerie L’Herrou Deputy Director, Center for Family Advocacy Direct/Mobile Line: (804) 351-5276 ? ? |
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Free CLE webinars
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Dear NACC Virginia listserv members:
Three free webinars addressing parent legal representation are available for on-demand CLE credit.?
These are listed on the court's website as being approved for GAL credit, though I'm not sure the bar has them listed
that way. (Let me know if you experience difficulties):?
Two of the CLEs were presented by the state bar. One is already posted here:
and the other should be available here shortly:
Please contact me for the link to and materials for the third CLE, a rebroadcast of the? webinar, "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.
Valerie L'Herrou, Virginia State Coordinator, National Association of Counsel for Children
Valerie L’Herrou Deputy Director, Center
for Family Advocacy Direct/Mobile Line: (804) 351-5276 ? ? |
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Free CLE Webinar: 5/10, 12-1:30pm Advocating for Incarcerated Parents & Their Children
开云体育Reminder: don’t forget to register for ? Engaging, Supporting, and Advocating for Incarcerated Parents & Their Children CLE May 10, 12-1:30pm 1.5 hours live CLE credit pending. Co-sponsored by Virginia Poverty Law Center & NACC, Virginia Chapter ? Incarcerated parents and their children are at greater risk than parents who are not incarcerated of losing their relationship forever after the state initiates court proceedings. Incarcerated parents do matter and their ability to create, maintain, strengthen, and/or repair their relationship with their children during incarceration reduces harm to their children, improves child wellbeing in placement, and increases successful reentry and reunification of parents to the community.? ? Professionals working in this system have different roles but all can do better to uplift the parent’s voice in the court process; to engage early and actively with the incarcerated parent; to support their parent-child relationship, including the provision of remedial services, when needed; and to remove bias from decision-making in these cases that leads to unnecessary family separation. During this webinar, attendees will learn how legal practitioners and other decision-makers can change their outlook and advocacy when working with incarcerated parents.? ? Virginia-specific live presenters:
Original rebroadcast NACC Webinar Presenters:
? Also: 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 . ? ? Valerie L'Herrou, NACC Virginia Coordinator ? Valerie L’Herrou Deputy Director – Center for Family Advocacy Direct/Mobile Line: (804) 351-5276 ? |
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REGISTER For Free CLE Webinar
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NACC Webinar:?
CLE May 10, 12-1:30pm:
Engaging, Supporting, and Advocating for Incarcerated Parents & Their Children
Incarcerated parents and their children are at greater risk than parents who are not incarcerated of losing their relationship forever after the state initiates court proceedings. Incarcerated parents do matter and their ability to create, maintain, strengthen, and/or repair their relationship with their children during incarceration reduces harm to their children, improves child wellbeing in placement, and increases successful reentry and reunification of parents to the community.?
Professionals working in this system have different roles but all can do better to uplift the parent’s voice in the court process; to engage early and actively with the incarcerated parent; to support their parent-child relationship, including the provision of remedial services, when needed; and to remove bias from decision-making in these cases that leads to unnecessary family separation. During this webinar, attendees will learn how legal practitioners and other decision-makers can change their outlook and advocacy when working with incarcerated parents.?
Virginia-specific live presenters:
Original rebroadcast NACC Webinar Presenters:
1.5 hours live CLE credit pending.
Valerie L'Herrou, NACC Virginia Coordinator
Valerie L’Herrou
Deputy Director – Center for Family Advocacy
Direct/Mobile Line: (804) 351-5276 ? |
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Free CLE Friday 4/28; save the date: CLE May 10
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The Office of the Children's Ombudsman: What Parents' Attorneys Need to Know
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Free CLE: Child Dependency Series Pt. 2, 4/28
开云体育Please register for the free CLE below, co-sponsored by the Virginia Chapter of the NACC!
Valerie L’Herrou Virginia State Coordinator National Association of Counsel for Children ? Valerie L’Herrou Staff Attorney – Center for Family Advocacy Direct/Mobile Line: (804) 351-5276 ?
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April NACC update
开云体育Dear Virginia Community Members/Practitioners,??? ??
? 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 L’Herrou NACC Virginia State Coordinator?? ?
Valerie L’Herrou
Staff Attorney – Center for Family Advocacy
Direct/Mobile Line: (804) 351-5276 ? |
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Child Dependency News & Updates
开云体育Dear Virginia child dependency practitioners: ? News & updates! ? Legislative update:??????????????????????????????????????????????????????????????????????????????????? Bad news: no fee increases. Senator Edwards’ budget amendment to increase the fee cap for court-appointed counsel in child dependency cases from the $120 (misdemeanor) to $445 (felony 3-4 resolved at JDR level) did not pass, nor did his bill (SB940) that would have doubled all the court-appointed fee caps. ? But: We are making headway: This is the third time in eight years that legislators have killed this or a similar measure. In 2015 and in 2020, there were bills based on a recommendation from the Virginia Commission on Youth to provide for a fee cap waiver to allow for an additional $120. While the substantive bill language passed, the measures were not funded. Even three years ago, legislators in charge of the purse strings would tell me we shouldn’t pay attorneys more money because bad parents don’t deserve good counsel. Now, legislators seem to understand not only the due process issue, but are starting to see how this could improve Virginia’s terrible statistics on foster care outcomes, as it has in other states. They are also starting to get the point that Virginia is one of only 8 states that does not draw down federal funds available to improve a state’s legal services, which would have covered about a quarter of the cost of the increase. ? Good news: legislative studies. There is some good news. One reason the money committees did not fund doubling of the fee caps was that the Joint Legislative Audit and Review Commission is studying the entire criminal court-appointed system. So we may see some movement on this next year. Additionally, Senator Edwards’ bill to mandate the continuation of the work of the workgroup convened by the Office of the Children’s Ombudsman also passed; and this workgroup will also look at making recommendations regarding Guardians ad Litem, and pilot multidisciplinary law offices, similar to a public defender office (these have been shown in other states to improve outcomes for children in child dependency court; and to save money). ? Also: a bill from Senator Deeds, mandating a study to look into creating an office similar to the Indigent Defense Commission, that would be responsible for developing training, certification, and practice standards, as well as implementing multidisciplinary law offices, did pass. The National Center on State Courts has submitted a proposal to study and make recommendations. ? The legislative session is winding down and will be finished on Saturday: but the final budget may not be resolved by then. I very much appreciate all of you who contacted your legislators to advocate (and educate!) on this issue. I will keep you updated as to further efforts that may be available to educate your legislators on the importance of this issue prior to the next General Assembly session; and on any initiatives filed as the 2024 legislative session gets underway. However, I would encourage all of you to meet with your legislators when they are home during the rest of the year to discuss the importance of increasing the fee caps. Virginia’s pay for attorneys in child dependency matters is the lowest in the country. ? ? Read more: ?
? ? Other news:??????????????????????????????????????????????????????????? ??????????? ??????????? Employment opportunity: The Court Improvement Project of the Office of the Executive Secretary of the Supreme Court of Virginia is seeking a staff attorney. Job description here:
? National Survey: The U.S. Children’s Bureau has released a survey for judges, attorneys, court clerks working in child welfare. It should take about 15 minutes to complete and is designed to help the federal government better understand child welfare court practice across the country.? Please consider completing it and share within your own local networks. ? Training, resources, and CLEs:?????????????????????????????????????????????????? ?
The gold standard for training for attorneys practicing in child dependency matters is the “Red Book”— “Child Welfare Law & Practice: Representing Children, Parents, and Agencies in Neglect, Abuse, and Dependency Cases.” Those who complete the course can take an exam to qualify as a Child Welfare Law Specialist. NACC members receive discounts on the book and the course. Online training begins March 14. ? Virginia Child Dependency Bench Cards: “Child Dependency Bench Cards, a resource to support meaningful court hearings” ? ABA model standards of practice: ? 27th Annual Robert E. Shepherd Jr. Youth Law and Education Conference: will be held virtually via Zoom on Friday, May 12, 2023. ? Valerie Virginia State Coordinator National Association of Counsel for Children ? ? Valerie L’Herrou Staff Attorney – Center for Family Advocacy Direct/Mobile Line: (804) 351-5276 ? |
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Legislative Update; Free CLE on Wednesday
开云体育Dear Virginia child dependency practitioners: ? Update: Legislative advocacy for improvements in parent legal representation ? THANK YOU! to all who contacted your legislators to advocate for changing the court-appointed fee for parents' counsel in child dependency proceedings (currently, capped on SCOVA's Chart of Allowances at the $120 misdemeanor fee level. The request was to instead, cap at the $445 fee for a class III/IV felony that resolves at the district court level).? ? Bad news first: no increase Unfortunately, I am sorry to report that the Senate Finance Committee did not adopt Senator Edwards' budget amendment ($11m above current allocation, with $3m federal offset, $8m net increase). ? During the Senate Finance Committee (SFAC) discussion, they declined to raise these fees (or those for court-appointed criminal defense) because they prefer to wait for the results of three studies: one, currently being undertaken by JLARC (Joint Legislative Audit and Review Committee) on the court-appointed system for criminal defendants; and two studies, one a "Section One" official Virginia legislative study to review the creation of a "Parent Advocacy Commission (similar to VIDC) that would be responsible for training, practice standards, oversight, and support for court-appointed counsel in child dependency cases; and another study to continue the work of the workgroup that created the report that recommended the compensation increase in child dependency court as well as the creation of a Parent Advocacy Commission, and multi-disciplinary law offices (similar to a public defender office). ? Good news: moving the ball down the court However, educating legislators about the importance of this work has advanced since VPLC first began working on this issue (the first attempt was in 2015, to allow a fee cap waiver similar to those allowed in criminal cases). We tried that approach again in 2020, again to no avail. However, this year, more legislators expressed support; and NO legislators suggested that parents don't deserve competent, fairly-compensated counsel. Further, there are signs that the Governor has taken an interest in this issue. ? Our progress this year: the "Section One" study bill (SB1443, Deeds), was reported unanimously from the Senate Rules Committee on Friday, and $35,000 to pay for the study was included in today's SFAC budget report. The study resolution (SJ241, Edwards), to continue the work of the 2022 Workgroup was also reported unanimously by S. Rules on Friday. ? However, our work is not done: both these bills could be killed in the House sometime after they crossover on Tuesday.? ? Reason to hope I had a call with Prudence Beidler Carr of the ABA Center on Children and the Law last week. She advised that attorneys and advocates in many states have struggled to advance this issue, and our efforts to educate our legislature on the importance of these cases are continuing along the trajectory of many states that ultimately adopted improvements.? ? More and more states have done or are in the process of treating this an important area of law:
? Currently, Virginia is one of only 8 states that has not drawn down any of the federal funds available for legal representation in child dependency cases. But we know that Virginia is always cautious about adopting anything new. ? I will continue to send action alerts as the two study bills are considered in the House! ? Free CLE Webinar Feb 8 at noon ? VSB Young Lawyers Conference and the Virginia Chapter of the National Association of Counsel for Children Present: ? Representing Parents in Child Dependency Cases:? Part 1 - Overview & Best Practices Date: Wed, Feb 8, 2023 12:00 PM - 1:00 PM Presenters: Sarah Bruns of Marquis Law Group and Anna Daniszewski, Virginia Poverty Law Center Register:? ? Valerie L’Herrou Virginia State Coordinator, NACC ? Valerie L’Herrou?(she/her) Staff Attorney – Center for Family Advocacy Direct Line: (804) 351-5276 ? |
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Free CLE Webinar Feb 8 at noon
开云体育Free CLE Webinar Feb 8 at noon ? VSB Young Lawyers Conference and the Virginia Chapter of the National Association of Counsel for Children Present: ? Representing Parents in Child Dependency Cases: Part 1 - Overview & Best Practices Date: Wed, Feb 8, 2023 12:00 PM - 1:00 PM Presenters: Sarah Bruns of Marquis Law Group and Anna Daniszewski, Virginia Poverty Law Center Register: ? Valerie L’Herrou Virginia State Coordinator, NACC ? Valerie L’Herrou Staff Attorney – Center for Family Advocacy Direct/Mobile Line: (804) 351-5276 ? |
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Re: Action Alert: improve ct-appointed rates; Free CLE Webinar
Thanks Valerie. I emailed Deeds' office. Would love to participate?in the CLE? Will you be sending out more information closer to the date? Thanks. Kate Duvall (she/her/hers) President and CEO 818 East High Street Charlottesville, VA 22902 Tel: ?434-971-7515 Cell: 434-996-6570 Fax: 434-971-3060 ?????? Advocating for abused and neglected children?in our community since 1995 This communication, including attachments, if any, is intended as a confidential, privileged communication. If received in error, you are requested not to read, copy, save, or reproduce in any manner or form, but to delete and notify sender. Thank you!? ? On Wed, Feb 1, 2023 at 6:24 PM Valerie L'Herrou <valerie@...> wrote:
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Action Alert: improve ct-appointed rates; Free CLE Webinar
开云体育Dear Virginia practitioners: ?
The Senate Finance and Appropriations Committee will consider Budget Amendment 44 #2s this week, perhaps Thursday. If you live in one of the SFAC members’ districts, consider calling their office, or sending an email! (If you live in Senator Edwards’ district, please thank him for submitting the amendment.) IF this budget item passes the Senate, then we will have to convince the House to add it to their budget as well. I’ll let you know when it’s up for consideration! ? The increase was a recommendation of a workgroup that released this report this fall: The Cardinal News article about it is here: ? Senate Finance members can be found here: ? Sample email—please feel free to put in your own words or include your own experience. Dear Senator ____ I am writing to ask you to support BA 44?#2s?(Edwards), pending before Senate Finance, to address a serious problem, first identified in 2015 by the Virginia Commission on Youth: Virginia pays parents’ court-appointed counsel at the lowest rate of any state: there hasn’t been a raise in 23 years.? Judges say they can’t even find lawyers to take these cases; attorneys can’t afford to put more than a minimum amount of time into a case. ? This budget amendment would increase court-appointed counsel compensation from $120 to $445.? With available federal offset, it would cost only $8 million in additional state funds – which likely would be further offset by reduced foster care costs, as better-prepared lawyers means fewer continuances and court delays. High-quality family legal representation has been proven to reduce time in foster care – without compromising safety.? ? Virginia spends $5,000-20,000 per month per child in foster care. If every one of the 5,000 children in Virginia’s foster care system spent even one month less in foster care, the Commonwealth could save at a minimum $25 million per year—more than paying for this increase. ? ?
SAVE THE DATE for this free CLE, “Representing Parents in Child Dependency Cases: Part 1 - Overview & Best Practices,” February 8, from 12:00-1:15, presented by the Virginia State Bar Access to Legal Services Committee, the Young Lawyers Conference of the Virginia State Bar, and the Virginia Chapter of the National Association of Counsel for Children. Presenters: Sarah Bruns of the Marquis Law Group, and Anna Daniszewski of the Virginia Poverty Law Center. ? Valerie L’Herrou, Virginia State Coordinator, NACC ? Valerie L’Herrou Staff Attorney – Center for Family Advocacy Direct/Mobile Line: (804) 351-5276 ? |
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NACC Trainings and Events
开云体育Dear Virginia Community Members/Practitioners,??? ??
? ? 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 L’Herrou NACC State Coordinator?? ? ?
Valerie L’Herrou
Staff Attorney – Center for Family Advocacy
Direct/Mobile Line: (804) 351-5276 ? |
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Fw: New member approval request
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Melissa, I will approve you but am trying to phase out this listserv (at least in the short term) and use this one instead [email protected] so I'll send you an invite for that!
Valerie
Valerie L’Herrou?(she/her)
Staff
Attorney – Center for Family Advocacy
Direct Line: (804) 351-5276
From: childdependencylstsrv-approve-153780@... via Pro Bono Net <transactional@...>
Sent: Tuesday, January 24, 2023 1:15 PM To: Valerie L'Herrou <valerie@...> Subject: New member approval request ?
A user MelissaB@... has requested to be a participant in the Child Dependency Law mailing list as a Regular member.
To approve this user, simply reply to this message. If you choose not to accept this user, please send an empty email to childdependencylstsrv-refuse-153780@.... |
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Re: ACTION ALERT: compensation boost for court-appointed parents' counsel
Please send me the info Valerie. Thanks.? Kate Duvall (she/her/hers) President and CEO 818 East High Street Charlottesville, VA 22902 Tel: ?434-971-7515 Cell: 434-996-6570 Fax: 434-971-3060 ?????? Advocating for abused and neglected children?in our community since 1995 This communication, including attachments, if any, is intended as a confidential, privileged communication. If received in error, you are requested not to read, copy, save, or reproduce in any manner or form, but to delete and notify sender. Thank you!? ? On Thu, Jan 19, 2023 at 1:56 PM Valerie L'Herrou <valerie@...> wrote:
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ACTION ALERT: compensation boost for court-appointed parents' counsel
开云体育Article this week in the Virginia Cardinal: ? “It’s all set up to make you fail”: The General Assembly hasn’t changed what court-appointed lawyers in child dependency cases are paid in 23 years. That translates to poor representation and support for parents, particularly in rural areas. ? “Child dependency cases, where parental custody is at risk because of allegations of abuse or neglect, are almost universally understood to be long, frustrating and confrontational processes. At worst, professionals on the sidelines might see opportunities for family reunification that slip through the cracks. ? One large crack is the paltry legal support dedicated to parents who can’t afford to hire a lawyer — the vast majority of them. Virginia guarantees court-appointed counsel for those parents, but their lawyers are paid a maximum of $120 per case, an amount that the General Assembly hasn’t changed since 2000. ? A compensation boost would translate to a new recommended maximum payout of $445 per case, which is about on par with court-appointed compensation for certain felony criminal cases, or $1,235 for termination of parental rights hearings.” ? If you are interested in advocating to improve the compensation AND create a commission that would provide for training, support, practice standards, and oversight for parents’ counsel, please respond and I will provide you with the advocacy information. ? Valerie L’Herrou NACC Virginia State Coordinator ? Valerie L’Herrou Staff Attorney – Center for Family Advocacy Direct/Mobile Line: (804) 351-5276 ? |
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Advocate for better pay for parents' attorneys!
开云体育Dear Virginia Practitioners:
If you represent parents, or wish to support attorneys who do:?
Tomorrow (Thursday, Jan 5) the Virginia House and Senate Appropriations Committees will hold joint
public hearings to hear from constituents in four regions of the state about their budget concerns, beginning at 10am.
You can sign up to submit public comments
(or to speak, if you have time, though slots were likely filled when the links opened at 7am this morning)
Sign up for the region that most closely matches where you live. (In different places on the websites
it says that the links remain open today until 4pm or until midnight, so to be on the safe side, submit before 4pm today.)
If you miss the window,?you
may contact members of the money committees in your area—see list at the bottom of this email.
This will not be your only opportunity to comment.
So far, links to the actual bills and budget measures are not live—but when they are online, I will share them so you can read the actual bill/budget language. In the meantime, you can read the workgroup report and recommendations here:?
Sample Comment
(feel free to provide your own words):
Sign-up links:
Northern Virginia To Sign up to Speak or submit written comment,?use the following????? ?
Western Virginia ???????To Sign up to Speak or submit written comment,?use the following?
Hampton Roads?
Central Virginia (Richmond) To Sign up to Speak or submit written comment, use the following? Senate Finance & Appropriations Committee
House?Appropriations
Committee
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Valerie L'Herrou
NACC Virginia State Coordinator
Valerie L’Herrou?(she/her)
Staff
Attorney – Center for Family Advocacy
Direct Line: (804) 351-5276
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Valerie L'Herrou
