What does Kenny A mean for CASA?

Road Map • Kenny A. v Perdue, filed in 6/02 • Class Action filed on behalf of children in Fulton and DeKalb (the defendants) • 9 Plaintiff (foster children) • 2 suits –one against Gov for DFCS failings and one against each counties for lack of representation for children

For now, we are going to talk just about the county suits • Just one claim of inadequate and ineffective legal representation as required by the Georgia State Constitution and Title 15 of the Georgia Code.

Summary Judgment Order • Defendants (the state) asked for a motion of summary judgment of the case, claiming that there were no genuine issues of material fact to be decided about plaintiffs' claims. Remember just one claim.

So how did the judge rule • Turned down Defendants (state) • Found child is a party with constitutional rights • Entitled to representation which includes a lawyer and a GAL

What does being a party mean? • All persons who are directly or consequentially interested in the event of the suit should be parties. – Gormley v. Wilson, 176 Ga. 711, (168 S.E. 568) – See also Berry v.Slappey et al. 229 Ga. 109 (189 S.E. 2d 394)

What does being a party mean? Fundamental liberty interests that are at stake in deprivation proceedings: their safety, health, and well-being; their interest in maintaining the integrity of the family unit; and their interest in having a relationship with their biological parents. Right to counsel, right to a guardian ad litem

What is the difference? • Legal counsel –has to be a lawyer • Guardian Ad Litem – doesn’t have to be a lawyer, appointed by the court

Sources of Authority • State law • State Constitution • Didn’t go for the US constitution, but that parallel could be drawn in another state or another decision

So, ramifications? • Only applies to Fulton and DeKalb for now • Would it apply to other counties? Not until another lawsuit is filed or state law changes to match federal order.

What does legal counsel look like? • Represents the child’s position as client • Per ethics rules, must hold confidentiality • Can bring motions, ask for discovery, request a hearing

What does a guardian ad litem look like? • Appointed by the court • Not bound nor supposed to be bound by confidentiality • Makes a recommendation to the court based on best interest of the child

Kenny A. v Perdue Fulton County Proposed Settlement – Establishment of an independent office for the Fulton and Dekalb – Increased staffing for the offices – Completion of a comprehensive workload review – The appointment of independent Accountability Agents. – Adoption of performance standards

Do No Harm State care should provide: • More protection from harm • Greater safety • Increased well-being • Greater permanence than home from which child is removed

Kenny A. v. Perdue State Settlement-DFCS Case • Legally binding on Fulton and DeKalb Counties • State has 2 yrs to come into compliance, then must remain in substantial compliance for 18 consecutive months • 31 Outcome Measures • Systemic infrastructure and management reforms • Majority of settlement tracks existing law & policy • No cost estimates released by state • Public reports at 6 month intervals • Accountability Agents: Jim Dimas, Sarah Morrison

Physical Custody • • • • •

Appropriate placement for child’s needs Approved foster home Least restrictive, most family-like setting 12 months to permanency plan In close proximity to home of parents – Within 50 miles unless there is a good reason otherwise

• Placement w/ siblings – Contact at least once a month if not placed together.

Mental Welfare • Psychological or psychiatric eval must be completed w/in 180 days of removal unless child is under 6 yrs or has had eval w/in previous 6 months • Level of Care • Parham v. JR • Mental Health records

Right to Self-Determination • • • •

Representation Notice of proceedings Role in proceedings? Participate in development of case plan • Participate in development of ILP and WTLP

What Else Should CASAs know? • Child must be seen twice a month while in foster care. • Placement disruptions must have followup visits. • More health checks than non-Kenny A Children • Specialized Case Loads

“For these are all our children, and we will all profit by, or pay for, whatever they become.” --James Baldwin