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Online Materials Group agreements in breakout rooms
Virtual housekeeping Mock trial video
❏ Understanding of common grounds for termination
❏ Advocacy guided by best interest of the child
❏ Effective preparation for testifying
❏ Identify legal rights & responsibilities
❏ Identifying speculation and bias in testimony
❏ Apply knowledge gained to volunteer coaching and training
Objectives:
Advocacy Guided by Best Interest
“the best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child”
Texas Family Code §153.002
Courtroom Decorum
CASA is a legal appointment.
Subject to a heightened level of scrutiny that requires utmost professionalism.
What does this mean to you?
Examples?
CASA Immunity from liability: you are not bulletproof!
Immunity for GAL:
Not liable for civil damages arising from:
Action, recommendation, or opinion given in capacity of GAL
Texas Family Code §107.009
GAL Immunity does not extend to:
Conscious indifference
Reckless disregard for safety of another
Gross negligence
Criminal misconduct
Mock Trial VideoAcademy Award Nominated*
Advocate Preparation
List 10 things you do to prepare your advocates.
Select top takeaway to share
● Rights of parents are constitutionally protected.
● There is a strong presumption that it is in the child's best interest to preserve the parent-child relationship.” In the Interest of G.N., a Child. (Tex. App El Paso 2016).
● What is a legal presumption? (And why should you care?)
Legal Presumptions
Involuntary Termination- Grounds
Texas Family Code - 24 Grounds for Involuntary Termination
(1-22) Involuntary Termination of Parent-Child Relationship (22 lettered grounds); §161.001(b)(A-U)
(23) Termination of Rights of Alleged Biological Father §161.002
(24) Involuntary Termination: Inability to Care for Child §161.003and
Best interest of the child
Involuntary Termination - most common grounds
Termination Grounds D and E(Potential Grounds for Termination resource available online)
D: Knowingly places or knowingly allowed the child to remain in endangering conditions or surroundings §161.001(b)(1)D (focus is child’s surroundings)
E : Engaged in conduct or knowingly placed the child with others who engaged in conduct that endangers child. §161.001(b)(1)E (focus is on parental misconduct)
Termination Ground OO: Parental noncompliance with court-ordered recommendations. Tex. Fam. Code § 161.001(b)(1)O
BUT Cannot order termination under O if a parent can show:
(1) unable to comply specific provisions of order; and (2) made good faith effort to comply; failure not fault of parent. Tex. Fam. Code § 161.001 (d)
Involuntary Termination - most common grounds
The law is so serious about the impact of bias, it expressly forbids termination based on evidence about:
❏ Homeschooling
❏ Poverty
❏ Misdemeanors (except family violence, assault, sexual assault)
❏ Administration of low-THC cannabis to child as prescribed;
❏ Failure to immunize
Tex. Fam. Code §161.001(c)(1-3)
Not Termination Grounds
Red Flag Questions
What red flag questions and/or phrases did you catch?
Advocate’s testimony
Advocate Coordinator’s testimony
Self-Care Break
The ache for home lives in all of us. The safe place where we can go as we are and not be questioned. ~ Maya Angelou
“Best Interest”What does it mean?
Remember the parental presumption
Law presumes it’s in the child's best interest to preserve the parent-child relationship.
Presumption rebutted by clear and convincing evidence.
Holley factors
1. the desires of the child
2. the emotional and physical needs of the child now and in the future
3. the emotional and physical danger (of one parent) to the child now and in the future
4. the parental abilities of the individuals seeking custody
Holley v. Adams, 544 SW2d (Tex. 1976) (Holley Factors Applied Summary resource available online)see also: Tex. Fam. Code 263.307(b) FACTORS IN DETERMINING BEST INTEREST OF CHILD.
Holley factors
5. the programs available to assist the parents
6. the plans for the child by these individuals
7. the stability of both parties’ homes
8. any acts or omissions of a parent which may indicate that the existing parent-child relationship is not a proper one
9. any excuse for the acts or omissions of a parent.
Bias and Speculation Why it matters
Case Study 1: SpeculationFacts:
● DFPS removed 2 year old from mother based alleged DV and meth use.
● Affidavit portrayed a volatile home, and parent behavior capable of resulting in abuse/neglect of a 2 year old child.
● Mother admitted that she didn’t complete necessary actions for return of child.
● Rights terminated based on ground O (Parental compliance)
● Mother appealed.
Case Study 1: Speculation
Outcome on Appeal?
REVERSED! (mothers rights restored)
161.001.(1)(O) requires actual occurrence of abuse or neglect to justify termination. Capable of resulting in abuse/neglect is insufficient evidence. In re CB, 376 SW 3d 244 - Tex: Court of Appeals, 7th Dist. 2012
Case Study 2: Bias
CASA’s testimony - a sampling of observations
● Mother brought “inappropriate” food for children to visits.
● Mother let older child keep a “dangerous medication”
● When bottle feeding, mother didn’t recline the child enough.
Outcome at Trial?
Case Study 2: Bias Six hearings on permanent placement held over nearly 18 months.
Mother - Did everything required of her. Made all visits with children and completed all classes. At time of trial, she was employed full time and had an apartment. Father - Anger management counselor reported father minimized his own actions, blamed his victims. 4 criminal charges, 2 of which were for breaking into home where mother lived with children. Served 5 months in jail. Missed several visits with children; at trial he admitted he was partying a lot and hangovers kept him from visits
Did you change your mind?
How did the trial court rule?
Mother’s rights were terminated
But wait! There’s been an appeal!
Case Study: BiasHow can personal bias affect the outcome of a court case?
● “Mother brought ‘inappropriate’ food to child visits.” Once mother brought eggplant parmesan. The younger child "would have nothing to do with it" so the CASA gave the child some fruit.
● “Mother let older child keep a dangerous medication.” It was Chapstick
● “When bottle feeding, mother didn’t recline the child enough.”At the time of trial, child was already self-feeding.
On appeal, the court reversed the trial court’s judgment of termination and restored mother’s rights.
● “While there is evidence in the record of Mother's poor parenting skills, poor decision making, and inadequate protection of the children in the past, the evidence is uncontradicted that Mother has done everything that CPS has required of her and more.”
● Acts done in the distant past, without showing a present or future danger to a child, insufficient to terminate parental rights.
● Best interest does not permit termination merely because a child might be better off living elsewhere. Termination should not be used to merely reallocate children to better and more prosperous parents.
