School: University of Georgia School of Law

I worked as a legal intern at the Georgia Advocacy Office (GAO) in Decatur, GA. The GAO advocates on behalf of individuals with developmental disabilities and mental illness. It is designated by the governor's office as the state's mandated protection and advocacy office. The GAO advocates for the rights of individuals and investigates incidents of abuse and neglect in state facilities and in the community. Federal statutes give the GAO authority to receive access to public and private facilities, adults, children, staff and clinical and institutional records in order to facilitate these investigations. During my internship with the GAO I worked on several research projects, the longest of which involved a potential due process challenge to a Georgia administrative law procedure that limits individuals' access to fair and impartial hearings in the Office of State Administrative Hearings. In Georgia and several other states, an Administrative Law Judge can order that witness testimony must be in writing and served to opposing parties prior to a hearing. The opposing party then has an opportunity to better prepare its response and cross-examination. This rule puts Medicaid eligible individuals, including those with developmental disabilities, at a disadvantage in contested hearings with state agencies, as the agencies have greater resources at their disposal to use the rule to their advantage. I researched ways to challenge the rule through a legal challenge, through legislation and through waiver applications. Hopefully, my work will enable the GAO or other interested service providers to find a way to change this rule so Medicaid eligible individuals can have access to a fair and impartial hearing.

Additional research assignments focused on potential legislative initiatives and disability rights issues. In general, the GAO asked me to conduct research into legal issues that would impact children with disabilities and their access to appropriate medical care and services through Medicaid. This work was particularly rewarding and valuable because limiting barriers to services could improve the lives of countless individuals.

When not conducting research for the GAO's initiatives, I worked closely with a complicated child deprivation case. I reviewed files, interviewed parents, observed children and worked alongside the attorneys to fully understand the elements of a case. The case involved a mother with a mild intellectual disability and her efforts to regain custody of her children who were in the custody of the Georgia Department of Family and Child Services (DFCS). At issue was whether or not the mother could provide adequate care for her three children who had disabilities and medical needs. It was truly a heart-wrenching case as the mother did everything in her power to prove to DFCS and the Court that she was a fit and capable parent. She did all she could to try to meet her re-unification plan goals, yet DFCS would not recommend returning custody because the children's needs are great, and they perceive the mother is not capable of providing adequate care unless another capable adult can act as a primary caregiver.

After reviewing the case and observing court proceedings, this case left me questioning whether resources within DFCS have been adequately used to provide parents with the supports they need to care for their children. This mother would do anything for her children, yet they remain in state custody and government funds are used to compensate the foster parents and provide services to the children away from their home. I ask why these same funds could not be used to support the mother and allow her to care for her children in her own home. No one questions the mother's commitment and love for her children, just her ability to care for them without adequate supports. The state should find a way to provide those adequate supports in the home without removing the children.

I can only ask how many cases exist in Georgia, where parents are denied custody of their children not based on a lack of love and commitment, but on an IQ score and a lack of resources. Thankfully, the Georgia Advocacy Office and other agencies are available to protect and advocate for individuals with disabilities as they are faced with barriers to services and challenges created by government bureaucracies.