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C. Fulfillment of Obligations <br />C-1 C'Teneral~ <br />1. Fully understand and comply with all relevant federal and state laws, <br />regulations, policies and rules <br />Action: The following laws, at a minimum, are essential for the agency attorney <br />to understand: <br />• Titles IV-B and IV-E of the Social Security Act, including the <br />Adoption and Safe Families Act (ASFA), 42 U.S.C. §§ 620-679 and <br />the ASFA Regulations, 45 C.F.R. Parts 1355, 1356, 1357 <br />• Child Abuse Prevention Treatment Act (CAPTA), 42 U.S.C. §5101 <br />• Indian Child Welfare Act (IOWA) 25 U.S.C. §§1901-1963, and the <br />ICWA Regulations, 25 C.F.R. Part 23 <br />• Multi-Ethnic Placement Act (MEPA), as amended by the Inter-Ethnic <br />Adoption Provisions of 1996 (MEPA-IEP) 42 U.S.C. § 622 (b)(9) <br />(1998), 42 U.S.C. § 671(a)(18) (1998), 42 U.S.C. §1996b (1998). <br />• Interstate Compact on Placement of Children (ICPC) <br />• Foster Care Independence Act of 1999, P.L. 106-169 <br />• Individuals with Disabilities Education Act (IDEA), P.L. 91-230 <br />• Family Education Rights Privacy Act (FERPA), 20 U.S.C. §1232g <br />• Health Insurance Portability and Accountability Act of 1996 (HIPPA), <br />P. L., 104-192 §264, 42 U.S.C. §1320d-2 (in relevant part) <br />• All state laws, policies and procedures regarding child abuse and <br />neglect <br />• State laws concerning privilege and confidentiality, public benefits, <br />education, and disabilities <br />• State's Rules of Professional Responsibility or other relevant ethics <br />standards <br />Commentary: The agency attorney, in most instances, files the initial petition with <br />the court and has the burden of proof during court proceedings. Additionally, the <br />agency attorney must advise caseworkers and agency administrators concerning <br />the legality of actions and policies. To best perform these functions, the agency <br />attorney should be an expert in all relevant laws. <br />2. Promote timely hearings and reduce case continuances <br />Action: The agency attorney must be prepared to move cases forward in a timely <br />manner. The agency attorney should only request case continuances in <br />extenuating circumstances. The agency attorney should oppose other parties' <br />requests for continuances absent extenuating circumstances. The agency attorney <br />must be thoroughly prepared for all hearings. <br />6 <br />T! _ v`~ <br />