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intervene requiring more attorney time responding to these. The Court continues to place greater <br />emphasis on outside mediation before bringing a case to court again increasing the demand on the <br />attorneys' time. In addition to managing the legal work for children in the agency's custody, the attorney <br />is responsible for providing advice as to whether the agency has sufficient legal standing to remove a <br />child from the home, drafting petitions to take children into the agency's custody, responding to <br />subpoenas from other courts requesting records or social workers to testify, and providing training to child <br />welfare social workers in legal matters (standards of information needed to support the agency's decision <br />to remove, providing testimony to the Court, and preparation of reports to the Court). The attorney is also <br />responsible for initial 7-day Hearings and Adjudication/Dispositional Hearings in CPS requiring <br />considerable preparation and trial time. <br />During 2006 there was also a high turnover in social workers in child welfare. The need to provide legal <br />training for staff is vital to the agency's ability to protect children and provide permanence. As of <br />December 31, 2006, 22 of 29 social workers conducting CPS investigations and providing case <br />management had less than one year of experience with the agency in this position (76%), 9 of the 22 <br />social workers providing services to the children in foster care had less than one year of experience with <br />the agency in this position (41 %), and 5 of 11 direct supervisors had less than one year of supervisory <br />experience with the agency (46%). Because of the turnover in agency attorneys and the high caseloads <br />the attorneys were not available to provide needed training to the new social workers and supervisors to <br />assure that they were able to gather information needed to support the agency's position in court and <br />provide adequate reports and testimony to the Court. <br />According to the "Standards of Practice for Lawyers Representing Child Welfare Agencies" published by <br />the American Bar Association 2004, "high caseloads are considered one of the major barriers to quality <br />representation and a source of high attorney turnover." (Page 20). Recent studies recommend <br />caseloads of no more than 60 cases (could be multiple children per case) or no more than 100 children. <br />According to the ABA (Foundations for Success Strengthening your Agency Attorney Office), attorneys <br />need 3 hours of preparation time for every one hour in court. Applying these standards, we have required <br />our agency attorneys to handle a significantly higher caseload than recommended. As a result of the <br />high caseloads, we were out of compliance on several cases during 2006. Failure to maintain <br />compliance to mandates for judicial review impacts eligibility for funding to support the cost of foster care <br />and social work time. <br />Several counties with a similar number of children in custody were contacted regarding legal support. <br />The chart below reflects the information secured from the counties that responded to our request. <br /> Children in Number of <br />Count Custod Attbrne s Comments <br />Buncombe 255 5 4 full-time attorneys handle child welfare cases; one attorney <br /> carries 40% child welfare cases and manages the legal <br /> de artment. <br />Catawba 230 2 100% of attorne s' time devoted to Child Welfare cases. <br />Cleveland 160 1 Agency SW's do a great deal of preparation of petitions once <br /> case staffed with attorne . <br />Gaston 207 2 100% of attorne s' time devoted to Child Welfare cases. <br />Onslow 238 3 2 attorneys handle only child welfare cases, the third attorney <br /> spends 40-50% of time handling child welfare cases with the <br /> remainder of time managing legal staff and coordinating work. <br /> A contract attorne handles child su ort cases. <br />Counties that did not respond to request for information include Cumberland, Guilford, and Pitt. <br />REQUEST <br />We are requesting that an Attorney II position be established to provide legal support and manage the <br />entire legal department (two Attorney I positions, two support staff, and one temporary court case <br />manager). We project that this attorney would spend 50% of time handling court cases and 50% of time <br />managing the legal department and providing training to the other attorneys, social workers and child <br />support agents. <br />~' <br />