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AG 2007 01 22
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AG 2007 01 22
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Last modified
12/28/2012 11:19:49 AM
Creation date
11/27/2017 11:29:58 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
1/22/2007
Board
Board of Commissioners
Meeting Type
Regular
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needed. The legal steps the agency attorney takes at the beginning of a case lay <br />the groundwork for strong case plaruiing by the agency and positive outcomes for <br />the child and family throughout the life of the case. The case theory and strategy <br />should have some flexibility built in so that as the agency attorney receives <br />additional facts and information, the theory and strategy can be amended. <br />Commentary: Each case has its own facts, and more importantly, concerns an <br />individual child and family. The agency attorney should give each case his or her <br />full attention. By creating a case theory and strategy, the attorney will ensure that <br />he or she analyzes the case thoroughly and thinks through its intricacies to <br />increase the chance that the agency will be well represented and the result will be <br />the best possible outcome for the child. <br />7. Prepare or help prepare the initial petition and all subsequent pleadings <br />Action: The agency attorney should play a lead role in drafting a petition or at <br />least editing and/or reviewing a draft before a petition is filed with court. <br />Similarly, the attorney should review the affidavit and supporting documentation <br />before filing. <br />Commentary: The initial petition, as well as later petitions, are influential legal <br />documents. The petition controls admissibility of evidence and has a strong <br />impact on the judge and other parties. In general, caseworkers are not trained to <br />write legal documents. If the agency attorney does not draft the petition, or at least <br />review and edit a petition that a caseworker drafts, the agency may miss an <br />important opportunity to shape its case and lay a legal foundation. A legal <br />assistant who works for the agency attorney may be the appropriate person to <br />prepare initial drafts of petitions when attorneys are unable to do so. if the lawyer <br />or legal assistant does draft the petition, it should be based on information the <br />caseworker provides. <br />8. Timely file all pleadings, motions, and briefs <br />Action: The attorney must file petitions (including termination of parental rights <br />petitions), motions, requests for discovery, and responses and answers to <br />pleadings filed by other parties. These pleadings must be thorough, accurate and <br />timely. <br />Commentary: The agency is generally the moving party in abuse and neglect <br />proceedings. The motions and pleadings the agency attorney files frame the case <br />and must, therefore, be complete and contain all relevant information. <br />9. Obtain all documents and information needed, including copies of all <br />pleadings and relevant notices filed by other parties <br />9 <br />•; <br />d <br />
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