Representing Pregnant Representing Pregnant or Parenting Teens or Parenting Teens

Who and what we are advocating for?Who and what we are advocating for?

Presented by: Roxanna Alavi Rachel Fightmaster Heidi KohLegal Advocates for Children and Youth

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““I just want to make sure that the state I just want to make sure that the state can’t take my baby away from me can’t take my baby away from me because I vowed that no matter how old I because I vowed that no matter how old I was or the situation I was in my child was or the situation I was in my child would never live the life I’ve lived and will would never live the life I’ve lived and will not bounce around from home to home not bounce around from home to home just waiting to find out if they are good just waiting to find out if they are good enough or worthy enough to be kept.”enough or worthy enough to be kept.”

- Quote from a pregnant dependent - Quote from a pregnant dependent

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Foster FactsFoster Facts

Young people living in foster care settings are prone to Young people living in foster care settings are prone to high rates of risky sexual behaviors, including earlier age high rates of risky sexual behaviors, including earlier age of first intercourse, larger numbers of sexual partners, of first intercourse, larger numbers of sexual partners, and earlier age of first pregnancy than their peers not in and earlier age of first pregnancy than their peers not in foster carefoster care

Carpenter, S. C., Clyman, R. B., Davidson, A. J., & Steiner, J.F. (2001) & Bilaver, L. & Courtney, M. (2006)

Greater incidence of teen parents in foster care: 17.2% Greater incidence of teen parents in foster care: 17.2% versus 8.2% for teenage girls NOT in the systemversus 8.2% for teenage girls NOT in the system

National Casey Study, (2003)National Casey Study, (2003)

Existing services for teen mothers - both in and out of Existing services for teen mothers - both in and out of dependency – lack continuity, universality, and dependency – lack continuity, universality, and entitlement.  Many programs fail to include mothers as entitlement.  Many programs fail to include mothers as full participants and beneficiaries full participants and beneficiaries

Wald and Martinez, 2003Wald and Martinez, 2003

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Foster Youth: Parent or Child?Foster Youth: Parent or Child?

Minor parents remain a dependent in the Minor parents remain a dependent in the systemsystem

As parents they are held to the same As parents they are held to the same standards as adults and are under even standards as adults and are under even greater scrutinygreater scrutiny i.e., dependent parent can consent for child’s i.e., dependent parent can consent for child’s

medical care or educational decisions, but not medical care or educational decisions, but not her ownher own

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Effects Of Pregnancy On Effects Of Pregnancy On Dependent Minor’s Self ViewDependent Minor’s Self View

Proud of becoming a parentProud of becoming a parent

Insecurity about being a parent Insecurity about being a parent

Shame for getting pregnantShame for getting pregnant

Fear of having the child removedFear of having the child removed

Fear of loss of placement or permanencyFear of loss of placement or permanency

Hopelessness regarding the futureHopelessness regarding the future

Frustration over heightened scrutiny Frustration over heightened scrutiny

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Effects Of Pregnancy On The Effects Of Pregnancy On The Dependent Minor’s BehaviorDependent Minor’s Behavior

Possible Negative BehaviorsPossible Negative BehaviorsAWOL- leaving court approved placementAWOL- leaving court approved placementTruancyTruancyActing out behavior: talking back, defianceActing out behavior: talking back, defianceSubstance abuseSubstance abuseSeek out negative people in their livesSeek out negative people in their lives

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Effects Of Pregnancy On The Effects Of Pregnancy On The Dependent Minor’s BehaviorDependent Minor’s Behavior

Possible Positive BehaviorsPossible Positive Behaviors

Minor will become a self advocateMinor will become a self advocate

Minor will seek out and engage in services Minor will seek out and engage in services to benefit self and her childto benefit self and her child

By imploring social services to DO THEIR By imploring social services to DO THEIR JOB and find the child a stable home for JOB and find the child a stable home for both the dependent minor and the child!both the dependent minor and the child!

Practical considerations for Practical considerations for minor’s counsel in minor’s counsel in

advocating for pregnant or advocating for pregnant or parenting minor dependentsparenting minor dependents

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ServicesServicesDuring pregnancy, advocate for: During pregnancy, advocate for: Prenatal health care / medical insurancePrenatal health care / medical insurance WIC, case manager services, counselingWIC, case manager services, counseling EducationEducation ChildcareChildcare Parenting ClassesParenting Classes HousingHousing Substance abuse treatmentSubstance abuse treatment Mental health treatment/CounselingMental health treatment/Counseling Coordination with probation, if appropriateCoordination with probation, if appropriate

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Due Process: Due Process: Not Just for AdultsNot Just for Adults

Absent exigent circumstances, the Absent exigent circumstances, the parenting foster youth has the same rights parenting foster youth has the same rights and responsibilities as any other parentand responsibilities as any other parent

Troxel v. GranvilleTroxel v. Granville, 530 U.S. 57 (2000), 530 U.S. 57 (2000) “custody, “custody, care and nurture of the child reside first in the care and nurture of the child reside first in the parents, whose primary function and freedom parents, whose primary function and freedom include preparation for obligations the state can include preparation for obligations the state can neither supply nor hinder.”neither supply nor hinder.”

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Other ProtectionsOther ProtectionsFederal law requires that payments by a state for the Federal law requires that payments by a state for the maintenance of the parenting youth must include an maintenance of the parenting youth must include an additional amount for the support of the infant. 42 USC additional amount for the support of the infant. 42 USC 675(4)(b)(2005); 45 CFR 1356.21(j)(2005)675(4)(b)(2005); 45 CFR 1356.21(j)(2005)

Federal law requires that adoptive family subsidies for a teen Federal law requires that adoptive family subsidies for a teen cover the teen’s child. Social Security Act Section 472(h); cover the teen’s child. Social Security Act Section 472(h); 475(4)(B)475(4)(B)

If the infant is removed, the state cannot use federal foster If the infant is removed, the state cannot use federal foster care funds to support the infant unless the infant’s removal is care funds to support the infant unless the infant’s removal is sanctioned by a court ordersanctioned by a court order

Removal of the infant must be based on the same standards Removal of the infant must be based on the same standards required for removal of all dependent youth, and not age, required for removal of all dependent youth, and not age, previous history and perceived abilitiesprevious history and perceived abilities

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Under threat of removal:Under threat of removal:

Ensure that the court and social services continue to Ensure that the court and social services continue to focus on and provide for the needs of the dependent focus on and provide for the needs of the dependent youthyouth

Ensure that dependent minor parent’s rights are not Ensure that dependent minor parent’s rights are not violatedviolated

Advise client regarding possible CPS action and Advise client regarding possible CPS action and voluntary services / informal supervisionvoluntary services / informal supervision

Consider filing family law orders prior to CPS Consider filing family law orders prior to CPS involvementinvolvement

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When removal is imminent:When removal is imminent:

Were reasonable services provided by Were reasonable services provided by the social services agency to prevent the social services agency to prevent removal of the child? removal of the child?

Voluntary services? Voluntary services? Alternative placements? Alternative placements?

CA Teen Parents in Foster Care Act, S.B. 1178 CA Teen Parents in Foster Care Act, S.B. 1178 ch. 841 sect. 2(e), requires the court or the ch. 841 sect. 2(e), requires the court or the agency to make diligent and active efforts to agency to make diligent and active efforts to place the minor parent and the child together in place the minor parent and the child together in as family-like setting as possible.as family-like setting as possible.

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After Removal:After Removal:

What services can be provided to the What services can be provided to the parenting youth to support the ability to care parenting youth to support the ability to care for herself and her child? for herself and her child?

CA required to provide parenting class (W&I Code CA required to provide parenting class (W&I Code 16002.5 (2005))16002.5 (2005))

Childcare, especially to help parenting youth to Childcare, especially to help parenting youth to continue educational/vocational training.continue educational/vocational training.

Education, IEPsEducation, IEPs PlacementPlacement Services for teen fathers, including visitsServices for teen fathers, including visits Discharge or emancipation planningDischarge or emancipation planning

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After Removal (continued)After Removal (continued)

Ensure that the case plan for the parenting Ensure that the case plan for the parenting youth adequately addresses the needs youth adequately addresses the needs and interests of both the parent and the and interests of both the parent and the child at each review hearing.child at each review hearing.

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Problem 1: Problem 1: 16 & Pregnant 16 & Pregnant Jill is a 16 year old female who currently resides in a group Jill is a 16 year old female who currently resides in a group home. An out of custody petition was filed twelve months ago home. An out of custody petition was filed twelve months ago based on her mother’s alcoholism. Her mother was based on her mother’s alcoholism. Her mother was hospitalized for an alcohol related seizure, after which Jill was hospitalized for an alcohol related seizure, after which Jill was absent from school almost daily because she feared for her absent from school almost daily because she feared for her mother’s safety. Jill’s father has been absent for over 10 mother’s safety. Jill’s father has been absent for over 10 years, did not appear in court or participate in any services.years, did not appear in court or participate in any services.

After the petition was filed, Jill’s mother continued to abuse After the petition was filed, Jill’s mother continued to abuse alcohol. One month later she agreed to go the hospital for alcohol. One month later she agreed to go the hospital for medical detoxification; however, she did not complete the medical detoxification; however, she did not complete the detox and left against medical advice. At that time Jill was detox and left against medical advice. At that time Jill was removed from her mother and placed in a foster home a removed from her mother and placed in a foster home a significant distance from her school, friends and family. Jill significant distance from her school, friends and family. Jill was very unhappy in the home and after two months there was very unhappy in the home and after two months there she went AWOL. Two months later, Jill returned and she went AWOL. Two months later, Jill returned and contacted the social worker. Jill was placed in a group home contacted the social worker. Jill was placed in a group home where it was discovered that she was pregnant. where it was discovered that she was pregnant.

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Jill’s mother refused to engage in an inpatient treatment Jill’s mother refused to engage in an inpatient treatment program recommended by the Department. However, she did program recommended by the Department. However, she did complete an outpatient program and has been mostly complete an outpatient program and has been mostly compliant with her case plan. She states that she attends AA compliant with her case plan. She states that she attends AA meetings three times per week, but has not provided all the meetings three times per week, but has not provided all the meeting slips to the social worker. Additionally, she maintains meeting slips to the social worker. Additionally, she maintains social contacts who are known to drink and admitted to social contacts who are known to drink and admitted to allowing friends to drink in her home. She has never tested allowing friends to drink in her home. She has never tested positive for alcohol. However, she has missed seven tests positive for alcohol. However, she has missed seven tests since Jill’s removal eleven months ago. She has been since Jill’s removal eleven months ago. She has been attending individual counseling, although she occasionally attending individual counseling, although she occasionally misses her appointments. Her counselor states that Jill’s misses her appointments. Her counselor states that Jill’s mother has made significant progress. Additionally, Jill’s mother has made significant progress. Additionally, Jill’s mother completed a Parenting Teens class with moderate mother completed a Parenting Teens class with moderate reviews from the facilitator.reviews from the facilitator.

Jill’s mother is living with her new boyfriend, Roger. Roger’s Jill’s mother is living with her new boyfriend, Roger. Roger’s criminal history consists of a D.U.I. from five years ago as well criminal history consists of a D.U.I. from five years ago as well as driving on a suspended license. Roger claims he has been as driving on a suspended license. Roger claims he has been clean and sober for three years, but does not attend AA.clean and sober for three years, but does not attend AA.

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What should counsel focus on What should counsel focus on during Jill’s pregnancy?during Jill’s pregnancy?

PlacementPlacement Keep Jill at her group home?Keep Jill at her group home? Identify a placement where Jill can maintain custody of Identify a placement where Jill can maintain custody of

her child her child ReferralsReferrals

Have county social worker provide Jill with referrals for Have county social worker provide Jill with referrals for appropriate services to prepare her for parenthoodappropriate services to prepare her for parenthood

Have these issues addressed in reports and any court Have these issues addressed in reports and any court appearances.appearances.Teen Parents in Foster Care Act, WIC 16002Teen Parents in Foster Care Act, WIC 16002.: .: Teen Teen parents are to be provided with access to special services parents are to be provided with access to special services for child rearing, health and mental health, schooling, and for child rearing, health and mental health, schooling, and foster parent is to be provided with proper funding for child foster parent is to be provided with proper funding for child so as to promote continuity of family and protect best so as to promote continuity of family and protect best interests of teen parent and childinterests of teen parent and child

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Problem 2: Informal SupervisionProblem 2: Informal Supervision

Jill gives birth to a healthy baby boy. Jill gives birth to a healthy baby boy. Jill's baby is placed with her in her group Jill's baby is placed with her in her group home. Jill’s social worker wants Jill to home. Jill’s social worker wants Jill to participate in informal supervision given participate in informal supervision given her concerns about Jill’s young age and her concerns about Jill’s young age and truancy. truancy.

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What are your concerns What are your concerns as Jill’s attorney?as Jill’s attorney?

County social workers coercing Jill into signing County social workers coercing Jill into signing any agreement any agreement

AB 2483AB 2483 states that a program of supervision may states that a program of supervision may be implemented by a social worker, but such a be implemented by a social worker, but such a program is program is voluntaryvoluntary and cannot be implemented and cannot be implemented until the teen parent has consulted with his or her until the teen parent has consulted with his or her attorney. attorney.

After implementation, if the minor parent fails After implementation, if the minor parent fails to cooperate, to cooperate, a petition may be fileda petition may be filed

Service plan implemented must be fair, reasonable Service plan implemented must be fair, reasonable and achievableand achievable

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Group home staff or county social Group home staff or county social workers should not threaten removal of workers should not threaten removal of Jill's baby if Jill fails to follow program Jill's baby if Jill fails to follow program rules or her service plan rules or her service plan

Teen should not be held to a higher Teen should not be held to a higher standard because of agestandard because of age

Foster care status is not a basis for removal Foster care status is not a basis for removal or oversightor oversight

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Problem 3: Problem 3: Is Grandma safe?Is Grandma safe?

Jill wants to reside with her mother and Jill wants to reside with her mother and mother’s boyfriend. Jill believes that her mother’s boyfriend. Jill believes that her mother will be able to help take care of mother will be able to help take care of the baby. You have reservations the baby. You have reservations regarding Jill living with her mother and regarding Jill living with her mother and you have previously advocated for you have previously advocated for removal from this home. removal from this home.

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The LawThe Law

WIC 16002.5WIC 16002.5: : It is the intent of the legislature It is the intent of the legislature to maintain the continuity of the family unit to maintain the continuity of the family unit and to support and preserve families headed and to support and preserve families headed by minor parents who are themselves by minor parents who are themselves dependents of the juvenile court by ensuring dependents of the juvenile court by ensuring that minor parents and their children be that minor parents and their children be placed together in as family-like setting as placed together in as family-like setting as possible, unless it has been determined that possible, unless it has been determined that placement together poses a risk to the child placement together poses a risk to the child

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Stated interest v. Best interestStated interest v. Best interest

Jill has clearly stated that she wants to reside with her Jill has clearly stated that she wants to reside with her mothermother

Does Jill’s stated interest outweigh your concerns about what Does Jill’s stated interest outweigh your concerns about what is in her best interest?is in her best interest?

Does her stated interest change what you find to be in her Does her stated interest change what you find to be in her best interest? best interest?

Does the possibility of removal of Jill’s child impact your Does the possibility of removal of Jill’s child impact your position in this case?position in this case?

How do you balance concerns with mother’s home How do you balance concerns with mother’s home with:with:

Wanting to keep the family together?Wanting to keep the family together? Concerns about Jill’s ability to parent in the group home Concerns about Jill’s ability to parent in the group home

where she has significantly less support?where she has significantly less support?

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Problem 4: Problem 4: Busted!Busted!

Jill’s baby is at a relative’s home for an Jill’s baby is at a relative’s home for an overnight visit, when Jill goes out with overnight visit, when Jill goes out with her friends and is arrested for underage her friends and is arrested for underage drinking. The Department files a petition drinking. The Department files a petition requesting removal of Jill’s baby based requesting removal of Jill’s baby based on Jill’s alcohol use and leaving the on Jill’s alcohol use and leaving the group home without permission. group home without permission.

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Changes to the role of minor’s Changes to the role of minor’s counselcounsel

Minor’s counsel now takes role of Minor’s counsel now takes role of parent’s counsel, advocating for return of parent’s counsel, advocating for return of the child to Jill. the child to Jill.

Minor’s counsel faces a conflict of Minor’s counsel faces a conflict of interest and Jill’s baby should have interest and Jill’s baby should have separate counsel to advocate for the separate counsel to advocate for the child’s interests. child’s interests.

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Conflict?Conflict?

Best Interest ModelBest Interest Model It will be difficult for minor’s counsel to extend this It will be difficult for minor’s counsel to extend this

model of representation to the teen respondent model of representation to the teen respondent parent parent

This would require minor’s counsel to represent the This would require minor’s counsel to represent the client's best interests in one case, and the client's client's best interests in one case, and the client's stated interests in the secondstated interests in the second

Stated Interest ModelStated Interest Model No conflict arises when minor’s counsel extends No conflict arises when minor’s counsel extends

this model of representation to the teen client as a this model of representation to the teen client as a respondent parent respondent parent

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Additional ConsiderationsAdditional Considerations

Consider whether or not having this case Consider whether or not having this case heard in front of the same hearing officer heard in front of the same hearing officer as the minor parent's dependency case as the minor parent's dependency case is in your client's best interestis in your client's best interestIf necessary, ask for a different hearing If necessary, ask for a different hearing officer via CA CCP 170.6.officer via CA CCP 170.6.Does case of teen parent’s child require Does case of teen parent’s child require a different county social worker? W&I a different county social worker? W&I Code section 16513.5 Code section 16513.5

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THANK YOU!THANK YOU!

Presented by: Roxanna Alavi Rachel Fightmaster Heidi KohLegal Advocates for Children and Youth