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©2004 American Bar Association Standards of Practice for Lawyers Representing Child Welfare Agencies August 2004 Introduction The purpose of these standards is to improve the quality of child welfare agency representation and uniformity of practice throughout the country. Many agency attorneys who read these standards may recognize their practice in this document. The standards are meant to improve practice, but also to be realistically attainable by individual jurisdictions. The standards were written with the help of a committee of practicing agency attorneys and child welfare professionals from different jurisdictions in the country. With their help, the standards were written with the difficulties of day-to-day practice in mind, but also with the goal of raising the quality of representation as much as possible. While local adjustments may be necessary to incorporate these standards into practice, jurisdictions should strive to meet the fundamental principles and spirit of the standards. The standards are divided into the following five categories: A. Definitions B. Role of the Agency Attorney, including a list of the Basic Obligations C. Fulfilling the Obligations D. Ethical and Practice Considerations E. Administrative Responsibilities, including a list of the Basic Obligations of an Agency Attorney Manager Section B and E-1 contain lists of the standards for agency attorneys and agency attorney managers for quick reference. These standards are explained in more detail in the rest of the document. Within sections C, D, and E there are "black letter" standards, or requirements written in bold. Following the black letter are "actions." These actions provide additional discussion on how to fulfill the standard; implementing each standard requires the accompanying action. After the action is "commentary" or a discussion of why the standard is necessary and how it should be applied. In some instances, a standard did not need further explanation, so there is no action or commentary attached. A number of the standards relate to specific sections of the Model Rules of Professional Conduct, and the Model Rules are referenced in these standards. Representing a child welfare agency is a difficult yet important job. There are many, sometimes conflicting, responsibilities. These standards are intended to help the agency /~_ ~~~ ~r ~,. ;