Example 2: Family Defense

There has been a growing movement around the country to provide pre-petition advocacy to parents facing an investigation before a case is filed in court. Social workers and advocates support parents navigating a CPS investigation, provide client-centered referrals to community-based resources, problem-solve issues that arise, advocate for access to support, and attend meetings with the child protective agency where critical decisions about family separation are made.

The early stages of a family court case are critical to making the case for children to remain at home with their parents or to return home as soon as possible after separation. Children who are removed even for a short period of time can suffer lifelong effects. Social workers and advocates attend meetings with agency workers and parents, problem-solve to remove barriers to reunification, gather evidence to use in emergency hearings, and support parents as they struggle with separation from their children.

In emergency hearings and at trial, parents charged with neglect or abuse often have to testify in order to have any hope of prevailing. Social workers and advocates work with attorneys to prepare parents to tell their stories.

Social workers and advocates may also assist in preparing experts to testify and preparing clients for expert evaluations.

Involvement of social workers and advocates can ensure that parents are quickly connected with the therapeutic services and material resources they may need to expedite reunification. Their advocacy can influence a negotiated disposition, or a dispositional hearing, by preparing the evidence of rehabilitation parents often need to show to reunify and finish their family court case.

Every permanency hearing presents an opportunity for parents to fight for expanded visits and reunification. By attending agency meetings and conferences in between court dates, social workers and advocates gather critical information that we need to file motions, expand visits, and reunify.

Termed the civil death penalty, a Termination of Parental Rights (TPR) marks the end of a child’s relationship with their parents and family of origin. Because social workers and advocates work with clients on cases throughout the pendency of the case, they are able to support parents through the process. Social workers and advocates can help to negotiate with foster agency workers and foster parents as parents consider a surrender of their parental rights.