Prepared for distribution at the
18TH ANNUAL CHILDREN’S LAW INSTITUTE New York City, July 31, 2015
CONTENTS:
PROGRAM SCHEDULE ... 11 FACULTY BIOS ... 21 1. Final Report of the Governor’s Commission on Youth,
Public Safety and Justice: Recommendations for Juvenile
Justice Reform in New York State (January 2015) ... 47 Submitted by:
Commissioner Gladys Carrión
NYC Administration for Children’s Services 2. Administration on Children, Youth and Families,
Administration for Children and Families, U.S. Department of Health and Human Services (ACYF), Information
Memorandum ACYF-CB-IM-12-04: Promoting Social and Emotional Well-Being for Children and Youth Receiving
Child Welfare Services (April 17, 2012) ... 231 Submitted by:
Commissioner Gladys Carrión
NYC Administration for Children’s Services
3. In Foster Care, Treating the Trigger (February 4, 2015) ... 255 Cindy Rodriguez
New York Public Radio Submitted by:
Commissioner Gladys Carrión
NYC Administration for Children’s Services 4. Education Advocacy Project Guide—The Early
Intervention Program ... 261 Submitted by:
Cara Chambers The Legal Aid Society
5. Education Advocacy Project Guide—Making a Referral to
6. Education Advocacy Project Guide—Continuum of
Preschool Special Education Services for Children 3 to 5 ... 279 Submitted by:
Cara Chambers The Legal Aid Society
7. Education Advocacy Project Guide—Continuum of Special
Education Services for Children 5 to 21 ... 283 Submitted by:
Cara Chambers The Legal Aid Society
8. Education Advocacy Project Guide—Consent for Early
Intervention and Special Education Services ... 293 Submitted by:
Cara Chambers The Legal Aid Society
9. Consent Forms ... 301 Submitted by:
Cara Chambers The Legal Aid Society
10. How Can State Law Support School Continuity and
Success for Students in Foster Care? (October 2014) ... 307 Legal Center for Foster Care and Education,
American Bar Association Center on Children and the Law
Submitted by: Kathleen Hoskins
NYC Administration for Children’s Services 11. Making It Work: Child Welfare and Education Agencies
Collaborating to Ensure School Stability for Children in
Foster Care (May 2011) ... 317 Legal Center for Foster Care and Education,
American Bar Association Center on Children and the Law
Submitted by: Kathleen Hoskins
12. State Legislation Chart: Providing School Stability and
Continuity for Children in Foster Care ... 331
Legal Center for Foster Care and Education, American Bar Association Center on Children and the Law Submitted by: Kathleen Hoskins NYC Administration for Children’s Services 13. Manifestation Determination Reviews (MDR) ... 441
Nelson Mar Legal Services NYC—Bronx 14. MDR Checklists for Various Jurisdictions: New York City, Michigan, North Carolina, Oregon ... 461
a. New York City ... 463
b. Michigan ... 479
c. North Carolina ... 481
d. Oregon ... 483
Submitted by: Nelson Mar Legal Services NYC—Bronx 15. Education Stability for Children and Youth in Temporary Housing ... 487
Jennifer Pringle Advocates for Children of New York 16. NYC Administration for Children’s Services Procedure #2010/02—Transition to Foster Care Services (February 22, 2010) ... 491
Submitted by: Payal Dalal Center for Family Representation 17. Building a Bridge (selected excerpts) ... 501
Submitted by: Payal Dalal
18. New York State Office of Children & Family Services Informational Letter: New York State Bill of Rights for Children and Youth in Foster Care 14-OCFS-INF-06
(December 30, 2014) ... 521 Submitted by:
Renee R. Hallock
NYS Office of Children and Family Services 19. New York State Office of Children & Family Services Bill
of Rights for Children and Youth in Foster Care
(January 2015) ... 529 Submitted by:
Renee R. Hallock
NYS Office of Children and Family Services
20. The Preventing Sex Trafficking and Strengthening Families
Act (P.L. 113-183) (PowerPoint slides) ... 535 Submitted by:
Renee R. Hallock
NYS Office of Children and Family Services
21. Legal Rights of Foster Parents ... 551 Frederick J. Magovern
Magovern & Sclafani
22. Nuts and Bolts: Consideration of the Changes in Foster
Home Certification and Approvals ... 565 Michael W. Wagner
The Children’s Aid Society
23. Nuts & Bolts of Foster Home Certification
(PowerPoint slides) ... 575 Michael W. Wagner
The Children’s Aid Society
24. Developments in Juvenile Delinquency Law and
Procedure—January 2014 to April 2015 (May 1, 2015) ... 589 Randy A. Hertz
25. U.S. Supreme Court and N.Y. Court of Appeals Decisions on Mapp, Huntley, Wade, and Dunaway Issues Issued
from 1990 to April 2015 (May 1, 2015) ... 633
Randy A. Hertz New York University School of Law 26. Suppression Motion Practice in Juvenile Delinquency Cases (May 1, 2015) ... 715
Randy A. Hertz New York University School of Law 27. Abuse/Neglect/Termination of Parental Rights Update and Practice Notes (May 2015) ... 789
Gary Solomon The Legal Aid Society, Juvenile Rights Practice 28. Overview of Juvenile Delinquency Proceedings ... 819
Thea K. Davis NYC Law Department, Family Court Division 29. Child Advocacy Centers: A Collaborative Approach to Responding to Child Abuse ... 841
Gena Diacomanolis Safe Horizon 30. Ethics Vignette ... 851
Vicki E. Light The Legal Aid Society, Juvenile Rights Practice Corinne Lundstrum Center for Family Representation Stephanie Schwartz NYC Administration for Children’s Services 31. Select New York Rules of Professional Conduct ... 857
a) Rule 1.7: Conflict of Interest: Current Clients ... 859
b) Rule 1.9: Duties to Former Clients ... 871
c) Rule 1.18: Duties to Prospective Clients ... 875 Submitted by:
Vicki E. Light
The Legal Aid Society, Juvenile Rights Practice Corinne Lundstrum
32. New York State Bar Association Committee on Children and the Law, Standards for Attorneys Representing Children in Child Protective, Foster Care, Destitute Child and
Termination of Parental Rights Proceedings (January 2015) ... 881 Submitted by:
Vicki E. Light
The Legal Aid Society, Juvenile Rights Practice Corinne Lundstrum
Center for Family Representation Stephanie Schwartz
NYC Administration for Children’s Services
INDEX ... 919 Program Attorney: Ilizabeth Hempstead