AG 2007 01 22 - Laserfiche WebLink

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Action: The agency attorney must ensure all relevant information is brought to the court's attention. To do so, the attorney should request notes and documents, when needed, from the caseworker. Further, the agency attorney should counsel the caseworker to make sure he or she obtains records that are needed, or may be needed for later hearings. For example, the casework file should include full mental health and substance abuse treatment records, histories for the children and parents, abuse and neglect reports with supporting materials about the investigation, education records, health records, birth certificates for the children, death certificates, affidavits of efforts to locate parents, and results of paternity tests. If the caseworker cannot obtain the necessary documents, the attorney may need to personally obtain them or request a court order so the agency may obtain what might otherwise be confidential documents. Commentary: Strong exhibits and documentary evidence can make or break a case. Knowing what the documents contain is essential to fully prepare a case. Therefore, the agency attorney should ensure all necessary documents are available for preparation and court. 10. Participate in all depositions, negotiations, discovery, pretrial conferences, mediation sessions (when appropriate), and hearings Commentary: Jurisdictions vary concerning pre-hearing activity. A great deal of information can be shared during the pre-trial stage of a case, and may help reduce conflict, and save court time and resources. Therefore, the agency attorney should be actively involved in this stage. 11. Participate in settlement negotiations and attempt speedy resolution of the case, when appropriate Action: The agency attorney should participate in settlement negotiations to promptly resolve the case, keeping in mind the effect of continuances and delays on the child. Agency attorneys should be trained in negotiation skills and be comfortable resolving cases outside a courtroom setting. However, the attorney must keep the agency's position in mind while negotiating. Certain things cannot be compromised (e.g., the child's safety, the key underlying facts of the case, or the assignment of culpability in abuse cases) and all parties should be aware of them. The attorney must communicate all settlement offers to the agency, and it is the agency's decision whether to settle. The attorney must be willing to try the case and not compromise on every point to avoid the hearing. The attorney should use mediation resources when available. Commentary: Negotiation and mediation often result in a detailed agreement among parties of actions that must be taken by all participants. Generally, when agreements have been thoroughly discussed and negotiated all parties feel like they had a say in the decision and are, therefore, more willing to adhere to a plan. Negotiated settlements generally happen quicker than full hearings and therefore 10 r ..., "" (~'.