In our final story of the year for our Children & the Law series, we are focusing on the needs of older foster youths about to transition out of care and what supports and services make a difference in their lives. Here are three ways that organizations around the country are helping with this essential work.
In late September, the U.S. Administration for Children and Families published a rule urging child welfare agencies to develop different standards for grandparents, aunts and uncles or other kinship caregivers who step in to raise children who can no longer live with their parents. The ABA Center on Children and the Law is now working to assist these states.
The Children’s Rights Litigation Committee “has just been a fantastic banger of the drum that kids need true representation, just like anyone else who’s inside a system that is making incredibly impactful decisions about their lives,” says Angela Vigil, the longest-serving member of the committee.
While family separations have long been the norm when treating babies born dependent on substances, recent research suggests allowing a mother to stay with and care for her infant significantly improves their health outcomes.
Julie Biehl, an ABA member since 2006, is known as a straight shooter, whose presence fills a room. “She’s a tiny woman, maybe 5’1”, but she is so fiery and so full of passion and just cares,” says Garien Gatewood, deputy mayor for community safety for the city of Chicago.
In formal foster care, child protective services agencies annually separate more than 250,000 children from their parents and place them in their state’s legal custody under the oversight of a family court judge. By some estimates, agencies separate the same number of children through hidden foster care but do so by suggesting parents transfer physical custody to a kinship caregiver, such as a grandparent or aunt.
Extensive research also shows many benefits to placing children with kinship caregivers if they are available. These include minimizing the trauma of family separation, increasing placement stability and improving behavioral outcomes.
Parents, like all those returning from prison, face more than 40,000 statutes and regulations nationwide that make reentry into their communities a challenge. Many consequences are imposed indefinitely, impacting the family for the rest of the parent’s life, no matter how long they have been home or how well they reintegrate into society.
The eight-week class is designed to give incarcerated youths an opportunity to consider their rights while exposing the law students to the younger students’ worldview through in-class discussions on topics that include freedom of speech, due process and reproductive freedom, along with weekly mentoring sessions.
Parental alienation happens when one parent engages in behaviors that cause a child to reject the other parent for no legitimate reason. It can become the subject of fierce debate in high-conflict divorce cases when one parent claims the other parent intentionally turned a child against him or her.
“You are impacting lives in a critical way,” says Judge Ernestine Gray about working in juvenile court. “And if you are talking about children who are growing up, it’s going to help determine where they are in the future. I don’t want to look back and say, ‘If I had done X for this child, maybe they could’ve done great things.’ So in the moment where you are, do the good work.”
Nearly 45 years after its founding, the ABA Center on Children and the Law has evolved into a midsize nonprofit with nearly 20 staff members who promote access to justice for children and families. The center now helps manage as many as 30 grant projects each year that focus on diverse areas of children’s law, including legal representation; foster care and education; kin and relative caregivers; child, adolescent and parental health; youth engagement; and state and court initiatives.
The ABA Journal wants to host and facilitate conversations among lawyers about their profession. We are now accepting thoughtful, non-promotional articles and commentary by unpaid contributors.
