Professional Documents
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12'56
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.. !, ------ 0---------ON PETITIONFOBA WMT OF CEBTIOAARI TO THE UNITED STATES COURT OFAPPEALS FOB THE
.......
R-ESPONDENTS
-Y:!:HCIBCUT
Bef.fot Amici C\lriaeF\rst, Star, the National Association of Counsel for Children and Voices for America-s Cbildren in Support of Petition for a Writ of Certiorari a ----------------CHRISTOPHER J. RILLO
C)T]NSEL oF BEcoRD
NDAVIS@scHrFFHARDIN.coM thirty:Second trloor eO 778-6412 San Francisco, CA 94105 crillo@schiff hardin. com (r) gor-ezoo
C. CRAIGHEAD BRID\ryELL SCHIFF HARDIN LLP
TABLE OF CONTENTS
page(s)
I.
STATEMENTOFINTERESTS.......................1
A.
B. C.
First
Star.....
.....................2
Children.......
.....................a
TABLE OFAUTHORITIES
Page(s)
Cases
Caperton
v.
866.21(e)......... 866.26.............
...........15 ...........16
CODE g
Other Authorities
Barbara Flicker, Best Practices in Child Protection Courts, Aouceu BenAssocrATroN, 18 (May 24, 2O0, http:/ry**.u6anet.org/child-/rclji/bestpractices.doc .................10
Cal. Admin. Offrce of the Courts, California Juvenile Dependency Court Improvement Program Reassessment, 2- 4 (November 2005), http://www.courts.c. gov/documents/ClPReassessmentRpt.pdf ..................................14
Dependency Cases, L5 TEMr. PoL. & Crv. RTS. L. REV. 668, 684 .............................-.1e
e006).......
Erik S. PitchaI, Where are all the Children? fncreasing youth Participation in Dependency Proceedings, 12 U.C. DAVrs J.
Juv. L. & POLY 2Bg, 242
O00.-....
...................18
Publication Development Committee, Victims of Child Abuse Project, Resource Guidelines, Improuing Court practice in Child Abuse & Neglect Cases, +6 (L995), http:i/\,ru/\.r.rs.gov/pdlfiles/ resguid.pdf..................................12
11t
STATEMENTOFINTERESTS
for
Children
in
support
of
all
organizations of
child advocates with extensive and varied experience representing children within legal and foster care
systems, and
underscore the
herewith.
2
l No counsel for a party authored the brief in whole or in part. No counsel for a party or a party made a monetary contribution intended to fund the preparation or submission of the brief. No person other than the amici curiae, its members, or its counsel made such a monetary contribution. In accordance with Supreme Court Rule Sl((a), the amici curiae provided timely notice of intent to file this amici curiae brief, and all parties granted consent to the filing of this brief which are submitted
Robert Fellmeth, who is one of the counsel for petitioners, and Chris Wu, who is employed by respondent Administrative Office of the Court of the Judicial Council, are members of the Board of the National Association of Counsel for Children. Each recused himself from voting on the matter of this amici curiae brief.
l
L
importance
to
federal
forum through Petitioners. A clear und.erstanding and appreciation of these factors is critical to the
issues that must be addressed by any court making a
A.
First Star
advocacy
children's
cases.
and
frled
B.
National Association
Children
of
Counsel for
for
American Bar Association, the National Council for Juvenile and Family Court Judges, and others. The
NACC Amicus Committee has contributed numerous
C.
of
multi-issue, childmember
With 60
in
IL
the lives of
foster
if their
of the dependency
court
education,
care.
is the impact of
these
clear
and
ru.
ARGI'MENT
an
F. Bd g02 (grh
in
O'Shea
v.
Littleton,4l4 U.S.
4BB
97
A.
Cbild
dramatically and
in critical
in
appear as parties in
Cer-,.
California's
by statute, the California dependency court system must protect the best interest of the
dependency court itself has
child.
The
a statutorily
imposed
physically,
:***.
exposure
for
for children in
d.ependency court
process
following
initial safety
Jurisdictional
is the "triaf' of a
dependency
case'
Publication
Abuse
of Child
in
http://vww.ncjrs.gov/pdffrles/ resguid'pdf' Counsel jurisdictional argues whether past events satisfy the
to
decide "whether
to
dismiss
of the parties, or
d.eclare
the child a
vem en
t Progra m E e a s s e s s m enl,
4 (Nove mber
http://www.courts.ca.
gov/documents/ClpReassessmentRpt.pdf;
Cal. R. Ct.
parents,
5.695(. Where
residence proper
welfare
If
child.
The
In maintenance
cases, the
court must hold a review hearing no less frequently than every six months. If the child is not returned to
l4
at which it
specifies
progess
to
satisfy the reunification requirements. At the review hearings, the court must consider issues such as the
services that have been offered to the parent, efforts
of the
between
social worker
to maintain relationships
the
15
Termination Hearing. Once the time for reunification has expired, the court must set
a
serving the child's best interests. There must be a compelling reason for the court not to find adoption
to be in the child's best interests. Cer,. Wnr-,. & INsr.
child: rather it
intervention and augers in a lengthy period where the court makes all of the significant decisions that
fLow from the removal of the parents as the decision-
over
Collectively, the unique position of the parties and the statutory mandates of the dependency court system as a whole render these proceedings barely cognizable to attorneys who have appeared only in
ordinary civil and criminal matters. Aside from the narrow fact finding hearings in the initial dependency and ltermination of parental
dispositional and permanency hearirrgs is, for the most part, less about the law and more about the people involved. It is less about standards and more about needsi less about burdens of proof and more about emotional
suasion.
and the porfier of the dependency court to make certain types of ord.ers, avocacy in
dependency proceedings liShjs focus less tend to on past facts and more on the current social, umotionai, and medica_l well_being of children. Whil; there is a body of law that governs these proceedings, the obligations oI
stages,
thu
agency,
tri
iri
Erik S. pitchal,
i;i i:i
i;1
,tr
ii
18
proceedings.
to
Counsel in
assert
this
will do so is
are not
in this case. And no other state judicial forum exists which would allow these issues to be meaningfully
jurist
in
lawsuit.
Cf.,
prejudgment
Federal courts should not abstain when it leaves a party without a remedy or where the state court is not impartiar. Kugler v. He\fant,421 U.s.
deference
to
abstention
and fully adjudicating,, the matter)i Gibson v. Berryhill, 411 U.S. 564, 577 (fgZg) (ruling that
abstention 'resupposes the opportunity to raise and have timery decided by a competent state tribunar
21
B.
is
extraordi.nary.
or
being
Administrative policies
caseloads
reduce,
children about most of these issues. Given the breadth of the advocacy rore and an overburdened
and unresponsive social service system, the effects can be catastrophic for these children.
In
simple
terms, the children do not get what they need and their lawyers are too busy themselves to even know
about it.
caseloads policy
system, this can play out for child after child in terms of untold continuing hardship.
ry.
CONCLUSION
Amici curiae support and concur in the views of Petitioners. For the reasons outlined above - the
unique nature
of
comprehensively determines
the lives of
foster
federal forum
neglected children
Children
24
August, 2012
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