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Barton Clinic Summer 2005 Intern Report

Intern: Jessica Breaux
Assignment: Barton Child Law & Policy Clinic

School: Louisiana State University Law School

My decision to apply to the Barton Clinic was an easy one; my decision to take the position when it was offered was more complicated. At the time that I applied to the program in September, 2004 through Equal Justice Works, I was enthusiastic and hopeful about a career as a public interest lawyer. However, in the five months that elapsed between the time that I applied and the time that I accepted the position, I made the mistake of disclosing to other people that I was considering taking a public interest internship at a legal clinic. People told me I was silly, that I would starve, that I was unrealistic. Mostly, people told me that I was an idealist. To this, I said thank you. I've learned to spot a compliment when I see one coming from jaded and tired lawyers and law students alike. While I felt discouraged and even a little stupid, I clung to my ideals, took a chance, and sent my paperwork in at the last minute. I would be a Barton intern.

It only took a few hours of training for me to feel reassured about my decision. The structure of the program and the sheer volume of information I received was more than enough to justify a ten hour drive from Baton Rouge. I also felt very inspired by the end of my first day of training. Every presenter represented a person who had dedicated their life to a passion and done it successfully. They were making a difference and they were not silly or starving. By the end of the training, I felt equipped with the information I needed to be successful at my job.

During my first week of work, I was also allowed to take advantage of advanced lexis training and web research training. Both of these classes were important refreshers that prepared me for the legal research that I would be doing in the clinic. My first assignment was to do a background check on Jimmy Talbot, a newly appointed DHR board member. While the actual research was rote and simple, the assignment gave me insight into the complexity of a policy clinic. It was my first introduction to significance of personalities in a policy clinic environment.

My education on personalities continued through my attendance of board and committee meetings. I quickly learned that the very best policy people are the ones who know everyone and know about everyone. You learn that people's perspectives are easier to determine through a little career investigation than their performance in a meeting. You also learn that past behavior actually can be a pretty stable predictor of future behavior. Because legislation is a human process, you learn how important the individual players are. It was very interesting to see how issues in child welfare can mean one thing to one person and something entirely different to someone else.

The Barton Clinic dedicated a considerable amount of time this summer to researching topics for the juvenile code re-write committee. I was assigned to research the use of detention assessment instruments in the fifty states. When I began my project, I had no real notion of what a detention assessment instrument is. By the end of my research, I had moved well past a working definition of DAI and into the realm of having a strong opinion about how Georgia should implement them. Because I am new to the world of child advocacy, I felt confused about the debate over DAI. Sometimes it is hard to see how systems can evolve without these sort of checks and balances. I felt a little intolerant at first of the delinquency system and the lack of forethought that seemed attached to detaining children. However, the good thing about my research is that it put me in touch with flesh and blood people who were able to articulate a rounder perspective on the issue. Over time I saw that much of the delinquency system is based on response to a perceived need and I saw that many, many people are working hard to acknowledge and correct injustices. This was also my first real exposure to the juvenile delinquency system and I had a more passionate response than I expected. I thought that my passion would be rooted in helping deprived children who had been abused and neglected. I had not given much thought to the experience of children in the delinquency system. However, reading into DAI gave me an education on how deprivation and delinquency are often inextricably linked. I began to think more and more about the double injustice that occurs when children are both deprived and thrown into detention facilities packed with manipulative, desperate, and sometimes violent kids. I had a friend in middle school that spent much of his time moving in and out of what he called "juvi hall". It was no secret that his mother left him alone to fend for himself for days at a time. By 12, he could passably drive a car to the grocery store to buy food. When he was 14 he was sent to a detention center for an extended period. When I saw him again at 15, he was barely attending school and had learned in detention how to be a profitable drug dealer. We have lost touch and I hardly ever think of this friend anymore, but as I researched DAI and the link between deprivation and delinquency, he became my own personal reminder of how both families and the state fail children.

My summer changed pace when I updated the Barton Clinic's Models of Representation information. This project was labor and time but not thought intensive. I was able to learn a considerable amount about the systems employed by the fifty states. I also gleaned a bit about each state's general perception of children's rights through the models of representation they rely on. Interestingly, a topic of debate among the members of the Georgia juvenile code re-write committee is likely a topic of debate in most states; It seems that very few states thought to define "party" in any meaningful way. It is a place where there is room to opine that children either merit the right to counsel or do not, depending on how "party" is read. The other caveat of these laws that I found interesting is that children's status as dependents seems to outweigh their status as individuals with rights being adjudicated. Children are usually not appointed counsel unless their parents cannot afford counsel for them, cannot be located, or express a position opposed to the welfare of the child. There is discussion about statutorily assuming all children are indigent and therefore entitled to the right to counsel. While I see the huge economic burden this could place on the system, the benefit of having a system that acknowledges the inherent individuality of a child and his/her rights seems great.

As is always the case, the most emotionally challenging part of my internship was interacting with people involved in the deprivation and delinquency process. During my weeks on technical assistance, I fielded several calls from family members looking to report child abuse. The hardest call came in the eighth week of my internship from a mother who had lost custody of her son because he had been deprived. The court had placed the little boy with his maternal grandmother who lives right across the street from his mother. The mother was calling the clinic seeking advice about a sexual abuse allegation she made against her brother and his wife regarding the child that DFCS allegedly ignored. This mom clearly didn't have it together; she seemed desperate and paranoid to me. When I discussed her options with her, she told me she was afraid to complain too loudly because she didn't want to cause any more trouble with the system. I was not entirely sure that she was telling the truth but I knew one thing for certain: this little boy barely has a chance. Either he is being sexually abused by a family member and his mother is afraid to report it to the police or he has a mother who is willing to use and manipulate him. I thought about the little boy often. When I would get bogged down on a project that seemed tedious and my motivation would wane, I remembered him and how much he needs our advocacy.

My experience observing at DeKalb County Juvenile Court was equally saddening. While Dorothy Murphy and Judge Nash are inspiring to watch, it is hard not to feel overwhelmed by the sadness in a juvenile proceeding. I watched the state terminate on three sets of parent's rights. Altogether, that made five children who lost their families for good. Most of the children were infants or toddlers and most had dedicated foster parents who were interested in adopting the babies. Still, it is a scaring experience to leave your birth family behind because they can't get it together. In the delinquency proceedings, I saw a twelve year old girl on anti-depressants and a thirteen year old boy who has been detained on an unsigned and undated warrant. These cases spoke to me about the desperation we as adults attach to juvenile delinquency. We are so afraid that these children are out of control that we overmedicate them and overlook their basic rights. As long as we perpetuate this frenzied state, it seems hard to imagine there can be much thoughtful consideration of solutions.

My most inspiring and interesting experience of the summer was attending the Prevent Child Abuse Georgia Annual Symposium. I sat in on lectures about child brain development and bibliotherapy. It was fascinating. I was also allowed to attend the luncheon where I felt honored to sit in a room filled with dedicated and experienced child advocates. The keynote speaker was Judge Glenda Hatchet. She spoke with passion and conviction about her transition from a corporate attorney for Delta airlines to her appointment as juvenile court judge here in Atlanta. She related honestly the sense of fulfillment her life as a child advocate brings her and she was frank about her own struggle to deal with the grief of abuse and neglect.

My final project was to research questions that the senate study committee had about O.C.G.A. 15-11-58. This project was in some ways my most challenging because I had very little time to grasp our complex statute and try to understand the Adoption and Safe Families Act under which it should comply. As confusing as this process was, it was also fascinating to learn more about the relationship between such federal acts and state statutes. It is an area where my experience is limited to state environmental regulations complying with federal acts. It was a good way for me to round out my learning experience this summer at the Barton Clinic.

With all of my projects complete, I feel I have gained a working knowledge of both state and federal child welfare laws. I have also learned how to compare and synthesize state statutes on the same issue. I have become a more proficient researcher and significantly, I have learned to call on the resources of other child advocates whenever possible. I have been afforded the opportunity to observe court proceedings as well as senate, representative and board meetings. My position as an intern has given me access to opportunities I hadn't even conceived of. I was able to conduct an informational interview with a juvenile court judge. I saw the inside of a NICU and I learned about a doctor's position in the scheme of child welfare. When I consider all of this experience, I can hardly believe it has been a mere ten weeks and I will never find the words to express my gratitude for this opportunity.

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