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Barton Clinic Summer 2008 Intern Report

Intern: Courtney Jacobs
Assignment: Special Assistant Attorney General Barrow & Dawson Counties

School: Tulane University Law School

The first day of observing court in Barrow County, two different families reunited with their children after they spent time in foster care. The judge exclaimed that this was an unusual and happy day. I didn't really understand the judge's statement until the end of the internship. After 10 weeks, only three other families reunited with their children. While reunifications were a rare occurrence, this internship taught me about the important work of the juvenile court in rural Georgia.

This summer I had the opportunity to work with the Special Advocate Attorney General (SAAG) for Barrow County. The SAAG represents the Department of Family and Children Services on all matters relating to children in the Department's custody. I observed many court proceedings and spent the rest of the time working on court orders, motions, pleadings and legal research. After one year of law school, there were only a few instances where I was able to incorporate some lessons from law school into understanding the juvenile court system of Georgia. I quickly learned that learning by doing, re-reading the training manual and asking lots of questions was how I was going to understand the complexities of juvenile court.

During my internship, I observed many positive aspects of juvenile court and juvenile law. One aspect of the juvenile code that has changed with the Adoption and Safe Family Act was the need to give children a sense of permanency quickly. Children are no longer expected to linger in foster care and I was able to see first hand how this law affects permanency decisions. The most memorable and valuable experience this summer was having the opportunity to observe a three day termination of parental rights trial. I learned that after children have been in foster care for over a year and half, the Department is required by law to file a petition to terminate the rights of the parents (unless they meet an exception). In the trial I viewed, the parents had recently started to work a case plan but could not complete enough tasks to prove that the children would not be deprived if they returned home. The judge admitted that he had a difficult decision to make in deciding whether their parental rights should be terminated, but ultimately he was constrained by the law and could not give the parents more time to complete a case plan.

After the trial, I had the opportunity to draft the termination order. When the trial began, I didn't understand what type of evidence needed to be proven for the rights of the parents to be terminated. However, after observing three days of the trial, and completing the termination order, I started to realize why and how the judge made the decision to terminate the parental rights. It was difficult realizing that these parents would no longer be able to participate in their children's life. At the same time the Department and others involved in the case felt relief in knowing that these children gained a sense of permanency since they will be able to be adopted into a family and their lives will no longer be chaotic with having a biological and foster family. Although, I know juvenile law has its flaws, in this case, the law that requires children not linger in foster care is focused on the children's needs instead of the parent's. These children did not have to wait indefinitely for their parents to turn their life around. During the trial, it was also interesting learning about questioning witnesses, cross-examinations and other procedures of trials.

Besides finding permanency sooner, the shift in the law that lets children participate in their case has also had a positive impact. In one particular case, a teenager believed she was ready to be reunified with her family. She fully participated in court, voicing her opinions and concerns. Ultimately, the judge made the decision to return her to her family although others in the case did not recommend reunification at that time. Even when teenagers in the court have not agreed with the judge, they are able to participate in their case, and the judge has clearly explained the reasons he made the decisions to the children. After participating in court, children leave with a good understanding of their case plan, and I am sure that in this chaotic time in their lives having a judge listen to their opinions only helps. While there is such an advantage for older children to actively participate in their case, I did not understand why younger children were in court. The majority of younger children that came to court stayed in a playroom. However, one occasion, a younger child sat in the courtroom and had to listen to her parents state that they wanted to relinquish their parental rights. There is such an advantage for teenagers to participate, but I did not see many advantages for younger children to come in the courtroom.

Another lesson I learned from observing juvenile court was the need for more community services to help families. Most cases where children ended up in foster care involved a combination of poverty and drug abuse. Working with the SAAG this summer I gained such a respect for the difficult work of case managers. They handle large case loads and were very involved and compassionate about the children in foster care. However, one case that stuck out was a family who needed help with their children's behavioral problems. The family did not have the financial ability and lacked the knowledge to get the children the services they needed and ultimately the children ended up in foster care. I kept thinking about how different community programs should be in place to get children help for any problems that arises, regardless of a family's financial ability. Although the children were in foster care, the parent testified that she was upset but relieved that her children were able to get the services they needed. Unfortunately, the budget for social services is so tight and it is a reality that sometimes children and families only receive help when their situation becomes desperate enough for the children to be removed from their home.

This summer, I was not only impressed with the work of those involved in child advocacy but it was great witnessing how each role affected the lives of the children. In the court each child was appointed a guardian ad litem and many children also had a CASA involved in the case. These children had a great relationship with these individuals and were able to express their concerns to them. I agree that every child needs a CASA or GAL assigned to their case because they play such an important role in explaining court procedures and speaking up on behalf of the children. Additionally, the SAAG gave me so much knowledge about the legal aspect of juvenile court. I had the opportunity to learn about drafting motions and court orders. I was also able to do legal research involving permanent guardianship and children's hearsay laws. In doing my research, it was frustrating to learn that older children that are subject to sexual abuse might have to testify in front their abusers in court. I hope the law changes in this area and more protections are put in place for children when they must testify in court. The judges I observed showed lots of compassion for juvenile law and it was definitely a lesson in communication and patience. The judges explained their decisions clearly to both parents and children. They explained the law in simple terms, clarified how the law pertained to the situation in a particular case and the next steps of the case. Overall, I gained so much knowledge and such an appreciation from the many participants in the juvenile court process.

My experience working with the SAAG was more than I could have expected: I met so many passionate and caring people working in child advocacy. I feel as if I just started to learn the many complexities of juvenile law - whether it was finally understanding what a citizen panel consists of or figuring out what needs to be proven for a probable cause hearing after an order for shelter care has been issued. Although I only saw four children reunited with their family -- I saw firsthand the many the positive aspects and helpful changes in the law that affect children. This experience has inspired me to always be involved in helping children and I look forward to starting work with CASA in New Orleans when I return to school.

And I would also like to thank every at the Barton Clinic for this amazing opportunity this summer to work in juvenile law!

Back to Summer 2008 Intern Reports



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