By: Vickie Carlton-Sadler, Attorney at Gonzalez Saggio & Harlan LLP and AVLF Board Member
When I volunteered to represent baby Joshua through Atlanta Volunteer Lawyers Foundation's One Child One Lawyer Program
("OCOL"), I expected to lend my legal acumen to assist my infant client, the court, and supporting agencies navigate towards a permanent home placement for Joshua that would be in his best interest. I had it all figured out, or so I believed. But the truth of the matter is, I wasn't at all prepared for the challenges facing this small bundle of joy, nor was I prepared for such a rewarding experience.
Joshua was a mere six months old when we first met. He was already separated from his biological mother. Joshua was born to a mother with a criminal history, mental health issues, and a history of drug abuse. When he was born, he tested positive for drugs and suffered moderate health issues as a result. The Department of Family and Children Services ("DFAC") immediately intervened to evaluate Joshua's needs and to determine what was best for his future. DFAC promptly placed Joshua into a foster care home while attempting to pursue reunification with his biological mother.
As Joshua's legal advocate, I too was tasked with assessing his needs and collaborating with DFAC and other state agencies to determine Joshua's future. And while I have litigated on behalf of clients who had millions of dollars at stake, I had never before represented someone whose life was literally hanging in the balance.
For nearly two years, I participated in court hearings, administrative meetings, and home visits on Joshua's behalf. During that time, Joshua visited with his mother who was attempting to turn her life around so that she could serve as the mother Joshua so desperately needed. But, our collective efforts to reunite Joshua with his biological mother were quickly dashed when it became clear that Joshua's mother was incapable of becoming a reliable and loving parent.
Fortunately for Joshua, he was placed with a foster parent who from the very beginning demonstrated a commitment to providing him with a loving home. Joshua's foster mother made it clear that she would like to become Joshua's permanent adoptive parent.
Joshua was truly surrounded by guardian angels. During my representation of him, I had the opportunity to watch him grow into a healthy and happy toddler; vibrant and full of energy. I also had the rewarding experience of witnessing Joshua bond not only with his foster mother, but also with his extended foster family.
Although Joshua's start in life was tumultuous, I am confident that as a result of his participation in the OCOL program, he will finish strong. Joshua was formally adopted by his foster mother last October, and I was gratefully invited to join him and his new family in the celebration.
Not only did I gain valuable legal experience in the juvenile court system, but I was vastly rewarded with an outpouring of gratitude and appreciation by Joshua's family for my involvement in his case. Joshua and I are both thriving.
Friday, April 15, 2011
Friday, April 1, 2011
Lawyers Who Represent Children Contribute Substantially to the Prevention of Child Abuse
By: Suzanne Bertolett, Associate, Sutherland
For the past twenty months, I have had the privilege of providing legal representation to a little girl while her mother struggles to overcome drug addiction and reclaim her life. My representation is coordinated through AVLF’s One Child One Lawyer program, working with Fulton County’s Family Drug Court. As the Family Drug Court team works with my client’s mother to ensure she is provided with the treatment and resources she needs to become a drug free and stable parent, I serve as the voice for my client, making sure that her best interests remain at the forefront of any decisions made by the Court. In order to fulfill this role, I visit with my client at her home periodically to ensure she is in a safe and healthy environment. During my visits, I observe her interactions with her mother and other caregivers. Between home visits, I stay in touch with her caregivers to make sure that my client is doing well and that the caregivers are receiving the resources they need. I have established a relationship with my client’s great uncle, who has been my client’s primary caregiver while her mother has been in drug treatment. The bond between him and his great niece is touching, and there is no one I trust more with my client. I turn to this great uncle for input when I must advocate before the Court regarding my client’s interests.
My relationship with my client began in the summer of 2009, a few months before her second birthday. The child’s mother, who has a history of drug abuse, had recently been put in jail and had lost custody of my client because she had failed to comply with the drug treatment requirements established by court order. Given the strong bond between my client and her mother and the fact that there was no evidence my client’s mother had ever abused her, her mother was originally allowed to retain custody of my client as long as she entered a drug treatment program and remained drug-free. The case had originally been treated as a standard child deprivation case in Fulton County Juvenile Court. The case was transferred to Family Drug Court in the hopes that, given proper treatment and resources, my client’s mother would be able to overcome her drug addiction, get a job and provide a safe, stable home for my client. Unfortunately, as noted above, my client’s mother did not comply with the treatment plan established by the Court, was jailed, and custody of my client was transferred to the Division of Family and Children Services (DFCS). Fortunately, DFCS was able to place my client with her great aunt and uncle, in the home where she had lived since birth. I have the deepest respect for my client’s great aunt and uncle, a couple in their sixties who have provided my client with unconditional love, shelter and stability during her mother’s struggle. This couple has also provided my client’s mother with support in her fight to overcome addiction and the knowledge that she and her daughter will always have a home with them.
Once out of jail, my client’s mother began to cooperate and comply with Family Drug Court requirements and has gradually progressed toward becoming drug-free. I am proud of the progress my client’s mother has made and her efforts to become the mother that her daughter deserves. I am also deeply grateful for the support network her aunt and uncle have provided. Likewise, I am grateful to the Fulton County Drug Court team for their efforts in helping parents overcome their addictions and keeping families together.
I am delighted to report that my client’s mother has recently regained custody of my client and the two are living with their aunt and uncle. My client’s mother continues to attend drug treatment and report to Family Drug Court. We all hope that she will graduate from Family Drug Court in May, drug free and ready, with help of her family, to provide a safe and stable home to my client.
I am very proud to be a part of the One Child One Lawyer program. It is an honor to provide a voice to children in Fulton County whose parents are endeavoring to overcome their addictions and create better lives for themselves and their children.
For the past twenty months, I have had the privilege of providing legal representation to a little girl while her mother struggles to overcome drug addiction and reclaim her life. My representation is coordinated through AVLF’s One Child One Lawyer program, working with Fulton County’s Family Drug Court. As the Family Drug Court team works with my client’s mother to ensure she is provided with the treatment and resources she needs to become a drug free and stable parent, I serve as the voice for my client, making sure that her best interests remain at the forefront of any decisions made by the Court. In order to fulfill this role, I visit with my client at her home periodically to ensure she is in a safe and healthy environment. During my visits, I observe her interactions with her mother and other caregivers. Between home visits, I stay in touch with her caregivers to make sure that my client is doing well and that the caregivers are receiving the resources they need. I have established a relationship with my client’s great uncle, who has been my client’s primary caregiver while her mother has been in drug treatment. The bond between him and his great niece is touching, and there is no one I trust more with my client. I turn to this great uncle for input when I must advocate before the Court regarding my client’s interests.
My relationship with my client began in the summer of 2009, a few months before her second birthday. The child’s mother, who has a history of drug abuse, had recently been put in jail and had lost custody of my client because she had failed to comply with the drug treatment requirements established by court order. Given the strong bond between my client and her mother and the fact that there was no evidence my client’s mother had ever abused her, her mother was originally allowed to retain custody of my client as long as she entered a drug treatment program and remained drug-free. The case had originally been treated as a standard child deprivation case in Fulton County Juvenile Court. The case was transferred to Family Drug Court in the hopes that, given proper treatment and resources, my client’s mother would be able to overcome her drug addiction, get a job and provide a safe, stable home for my client. Unfortunately, as noted above, my client’s mother did not comply with the treatment plan established by the Court, was jailed, and custody of my client was transferred to the Division of Family and Children Services (DFCS). Fortunately, DFCS was able to place my client with her great aunt and uncle, in the home where she had lived since birth. I have the deepest respect for my client’s great aunt and uncle, a couple in their sixties who have provided my client with unconditional love, shelter and stability during her mother’s struggle. This couple has also provided my client’s mother with support in her fight to overcome addiction and the knowledge that she and her daughter will always have a home with them.
Once out of jail, my client’s mother began to cooperate and comply with Family Drug Court requirements and has gradually progressed toward becoming drug-free. I am proud of the progress my client’s mother has made and her efforts to become the mother that her daughter deserves. I am also deeply grateful for the support network her aunt and uncle have provided. Likewise, I am grateful to the Fulton County Drug Court team for their efforts in helping parents overcome their addictions and keeping families together.
I am delighted to report that my client’s mother has recently regained custody of my client and the two are living with their aunt and uncle. My client’s mother continues to attend drug treatment and report to Family Drug Court. We all hope that she will graduate from Family Drug Court in May, drug free and ready, with help of her family, to provide a safe and stable home to my client.
I am very proud to be a part of the One Child One Lawyer program. It is an honor to provide a voice to children in Fulton County whose parents are endeavoring to overcome their addictions and create better lives for themselves and their children.
Lawyers Preventing Child Abuse
By: Lila Bradley, Director of Children's Law Programs, AVLF
April is National Child Abuse Prevention Month. AVLF’s volunteer lawyers have a unique opportunity to prevent child abuse when they represent children and children’s best interests in the Fulton County Courts. Families who are involved in our court systems are often there because they have abused or neglected a child. Families who are engaged in high conflict family disputes are often at risk of child abuse and neglect. When children and children’s interests are well-represented, the legal system can take the protective measures necessary to protect the children.
AVLF’s volunteer lawyers act as Guardians ad Litem in the Family Division of Fulton County Superior Court. Volunteer GALs are charged with representing the best interests of children whose parents or other caregivers are engaged in contested custody disputes. The GAL acts as the officer of the court to investigate and make recommendations that will keep a child safe and well. In one tragic case last year, an AVLF volunteer GAL became so concerned by the erratic and disturbing behaviors of the children’s father that she asked the court to order that the father no longer be allowed to spend unsupervised time with the children in the father’s home. Several months after the court entered the order requested by the GAL, the father was violently murdered in his home. Thankfully, the children were not in the father’s home, because the court had issued the protective order requested by the GAL. In another case, an AVLF volunteer GAL recommended that the court grant custody of a young girl to her father, because the girl’s mother was refusing to protect the girl from sexual abuse by a family member. The girl needed the advocacy of the GAL to help the court recognize that the mother was placing the child at risk of serious abuse. Empowered by the advocacy of the GAL, the girl took the next step of agreeing to testify against the abuser. Thankfully, most child custody cases do not involve child abuse. For those cases that do involve a child at risk, however, an AVLF volunteer GAL can provide invaluable protection for the child.
On a more positive note, lawyers representing children’s best interests can help to prevent child abuse by recognizing the risk factors and then urging—or asking the court to order—the parents to seek help. Parents who were raised with abuse or neglect often do not understand how to care for their own children or they may have unrealistic expectations for their child’s behavior and abilities. GALs frequently suggest that parents take parenting classes, and a parent’s willingness to work towards improving their parenting skills can be a critical factor in a court’s decision on custody and parenting time. Parents who abuse alcohol or drugs are significantly more likely to abuse or neglect a child. A GAL who identifies a potential substance abuse problem can request that parents submit to a professional evaluation, which can lead to a parent recognizing and addressing addiction. GALs often refer parents to counseling to help parents overcome stress and anxiety. In one recent case, family counseling recommended by the GAL helped a depressed mother recognize that she had emotionally disconnected from her children. The troubled mother was neglecting her children’s well-being. After she began to recover from her depression, the mother was able to strengthen her bonds with her children and provide them with the structure and nurture that they so desperately needed from her.
Volunteer lawyers representing children in AVLF’s One Child, One Lawyer Program are assigned to clients who have already been neglected by their parents. AVLF volunteers represent neglected children after Georgia’s Department of Family and Children Services has already intervened into the family due to parental neglect. AVLF and its volunteer lawyers advocate for children whose cases are part of the Fulton County Juvenile Court’s Family Drug Court Program. The parents commit to take affirmative steps to address the underlying cause of the neglect—parental substance abuse. The parent agrees to participate in the Family Drug Court Program, which provides a high degree of accountability and oversight for the parent’s recovery along with a high level of support for the family. AVLF volunteer lawyers advocate for the children’s care and well-being while the parents are striving towards recovery. Through their legal representation, AVLF volunteer lawyers help to ensure that the children receive proper education, medical care, and emotional support during the difficult time in their lives, but perhaps even more important, the volunteer lawyers advocate for the children’s desire to be reunited with safe and stable families. The parents attend drug treatment, and they submit to random and frequent drug screens. The court oversees the parents’ recovery and the care of the children. The children visit with their parents and receive counseling to help them deal with the anguish of being separated from their parents.
The volunteer lawyer helps to assure that the children are returned to their home as soon as the court can be reasonably certain that parent is able to properly care for the child. Recently, an AVLF volunteer lawyer advocated that her young client be returned to the custody of his mother while she was in the last few months of residential drug treatment. The mother had not parented her older children due to her addiction. She was determined to stay clean and parent her youngest child, and with the support of the Family Drug Court Program, she was able to attain stable sobriety for the first time in 20 years. The child’s volunteer lawyer argued that the mother had demonstrated a strong commitment to her child and a commitment to recovery. The mother is now fully employed, living in safe and stable housing, and caring for her child beautifully well.
Lawyers who represent children contribute substantially to the prevention of child abuse in our community. The work of representing a child and advocating for a child’s best interest is not easy work. Volunteer lawyers who step up and accept a child’s case make a tremendous commitment to the child, the court, and the community. The cases take many hours and significant emotional energy. The work is not thankless, however. The judges and the court staff express consistent appreciation for the pro bono efforts of AVLF’s volunteers. More important, however, is the knowledge that we have helped a child.
April is National Child Abuse Prevention Month. AVLF’s volunteer lawyers have a unique opportunity to prevent child abuse when they represent children and children’s best interests in the Fulton County Courts. Families who are involved in our court systems are often there because they have abused or neglected a child. Families who are engaged in high conflict family disputes are often at risk of child abuse and neglect. When children and children’s interests are well-represented, the legal system can take the protective measures necessary to protect the children.
AVLF’s volunteer lawyers act as Guardians ad Litem in the Family Division of Fulton County Superior Court. Volunteer GALs are charged with representing the best interests of children whose parents or other caregivers are engaged in contested custody disputes. The GAL acts as the officer of the court to investigate and make recommendations that will keep a child safe and well. In one tragic case last year, an AVLF volunteer GAL became so concerned by the erratic and disturbing behaviors of the children’s father that she asked the court to order that the father no longer be allowed to spend unsupervised time with the children in the father’s home. Several months after the court entered the order requested by the GAL, the father was violently murdered in his home. Thankfully, the children were not in the father’s home, because the court had issued the protective order requested by the GAL. In another case, an AVLF volunteer GAL recommended that the court grant custody of a young girl to her father, because the girl’s mother was refusing to protect the girl from sexual abuse by a family member. The girl needed the advocacy of the GAL to help the court recognize that the mother was placing the child at risk of serious abuse. Empowered by the advocacy of the GAL, the girl took the next step of agreeing to testify against the abuser. Thankfully, most child custody cases do not involve child abuse. For those cases that do involve a child at risk, however, an AVLF volunteer GAL can provide invaluable protection for the child.
On a more positive note, lawyers representing children’s best interests can help to prevent child abuse by recognizing the risk factors and then urging—or asking the court to order—the parents to seek help. Parents who were raised with abuse or neglect often do not understand how to care for their own children or they may have unrealistic expectations for their child’s behavior and abilities. GALs frequently suggest that parents take parenting classes, and a parent’s willingness to work towards improving their parenting skills can be a critical factor in a court’s decision on custody and parenting time. Parents who abuse alcohol or drugs are significantly more likely to abuse or neglect a child. A GAL who identifies a potential substance abuse problem can request that parents submit to a professional evaluation, which can lead to a parent recognizing and addressing addiction. GALs often refer parents to counseling to help parents overcome stress and anxiety. In one recent case, family counseling recommended by the GAL helped a depressed mother recognize that she had emotionally disconnected from her children. The troubled mother was neglecting her children’s well-being. After she began to recover from her depression, the mother was able to strengthen her bonds with her children and provide them with the structure and nurture that they so desperately needed from her.
Volunteer lawyers representing children in AVLF’s One Child, One Lawyer Program are assigned to clients who have already been neglected by their parents. AVLF volunteers represent neglected children after Georgia’s Department of Family and Children Services has already intervened into the family due to parental neglect. AVLF and its volunteer lawyers advocate for children whose cases are part of the Fulton County Juvenile Court’s Family Drug Court Program. The parents commit to take affirmative steps to address the underlying cause of the neglect—parental substance abuse. The parent agrees to participate in the Family Drug Court Program, which provides a high degree of accountability and oversight for the parent’s recovery along with a high level of support for the family. AVLF volunteer lawyers advocate for the children’s care and well-being while the parents are striving towards recovery. Through their legal representation, AVLF volunteer lawyers help to ensure that the children receive proper education, medical care, and emotional support during the difficult time in their lives, but perhaps even more important, the volunteer lawyers advocate for the children’s desire to be reunited with safe and stable families. The parents attend drug treatment, and they submit to random and frequent drug screens. The court oversees the parents’ recovery and the care of the children. The children visit with their parents and receive counseling to help them deal with the anguish of being separated from their parents.
The volunteer lawyer helps to assure that the children are returned to their home as soon as the court can be reasonably certain that parent is able to properly care for the child. Recently, an AVLF volunteer lawyer advocated that her young client be returned to the custody of his mother while she was in the last few months of residential drug treatment. The mother had not parented her older children due to her addiction. She was determined to stay clean and parent her youngest child, and with the support of the Family Drug Court Program, she was able to attain stable sobriety for the first time in 20 years. The child’s volunteer lawyer argued that the mother had demonstrated a strong commitment to her child and a commitment to recovery. The mother is now fully employed, living in safe and stable housing, and caring for her child beautifully well.
Lawyers who represent children contribute substantially to the prevention of child abuse in our community. The work of representing a child and advocating for a child’s best interest is not easy work. Volunteer lawyers who step up and accept a child’s case make a tremendous commitment to the child, the court, and the community. The cases take many hours and significant emotional energy. The work is not thankless, however. The judges and the court staff express consistent appreciation for the pro bono efforts of AVLF’s volunteers. More important, however, is the knowledge that we have helped a child.
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