WHO WE HELP

• Abused, neglected, or abandoned children in Dependency and foster care
• Victims of domestic violence or sexual abuse (parent-victims and children)
• Non-parental “Kinship caregivers” raising minor children seeking legal custody
• Parents of children with developmental disabilities turning 18 or older who seek to be appointed as Guardian Advocate for their adult child (alternative to full Guardianship)
• Parents of at-risk children in need of family law services to protect them and their children
• Children with developmental or physical disabilities or special needs seeking to obtain the supports, services, and accommodations at school required by law to appropriately educate them

SERVICES OFFERED

• Education Legal Rights
• Injunctions for Protection against domestic violence and sexual abuse
• Court appointments as Attorney Ad Litem representing children in Dependency
• Chapter 751 temporary custody, kinship, and power of attorney orders
• Dissolution of marriage (divorce), child custody and child support
• Guardian Advocacy – for children with developmental disabilities age 18 or older

Scope of Services

The type of legal assistance rendered under the Project is prioritized based on the level of emergency posed to the children. Legal assistance provided under the project includes obtaining Injunctions for Protection against Domestic Violence or Sexual Abuse. Injunctions for Protection are often needed on an emergent basis as a first step to secure immediate safety and stability where an abusive situation exists.

The Project Attorney may also seek legal Custody (or Powers of Attorney) for relatives or non-relatives who are the immediate caregivers to children who have been exposed to domestic violence, abuse, abandonment, or neglect and who fall outside of the Dependency Court system. Many of these loving caregivers (including grandparents, aunts, uncles, older siblings, and family friends) are raising the children but cannot enroll children in school or make academic decisions, or approve of necessary and even emergent medical care – without legal Guardianship or Custody status over the children.
Outside of the Dependency Court system, many of these children continue to be ‘at-risk’ until these caregivers can legally make vital decisions of utmost importance affecting the children.

The Court sometimes directly appoints the Project Attorney to represent children in dependency as an “Attorney Ad Litem.” An Attorney Ad Litem represents the child solely, particularly where the Court deems that the child needs a separate and independent attorney from those representing his or her parents due to a given set of circumstances.
The Project Attorney can also represent the parent-victim of abuse and the parents or caregivers of child victims in Divorce and Custody proceedings. For the long term stability and well being of the child, where a parent seeks to end an abusive relationship with a spouse, securing appropriate Orders of Custody, Support, and Visitation are critical. This legal assistance can end cycles of violence and abuse, and foster a healthy and nurturing environment for the children.

The Project can also assist the parents (or other loved ones) of children with developmental disabilities age 18 or older who seek to be appointed as a Guardian Advocate for their child. Each Guardian Advocacy is designed to meet the needs of the individual child. In appropriate circumstances, this is an alternative to full legal Guardianship. The focus is on the decision making capabilities the child has, which allows them to participate in their own care.

Education Legal Rights

The Children’s Education Legal Rights Unit provides legal representation to students with needs that are not being met in the school system because of a learning disability, physical, mental or emotional disability, other health impairment, or other disabling condition under the Individuals with Disabilities Education Act (IDEA). The IDEA ensures that all children with disabilities affecting their education have available to them a free and appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment and independent living.

Legal Aid attorneys provide education services that include:

• Assisting students in receiving timely testing, IDEA eligibility determinations, and proper placement
• Ensuring the student receives appropriate and effective special education services in a timely manner
• Attendance and representation of students at individual education plan (IEP) meetings
• Representation at administrative hearings and due process hearings and in litigation when necessary
• Obtaining independent psychological evaluations from professionals outside the school system
• Referrals to outside social service organizations, as appropriate
• Assisting students to enroll in school where enrollment has been improperly denied
• Obtaining 504 plans where the law requires the school to make physical accommodations for the student