Family Defense Clinic
| L02.2567/2568 Professor Christine Gottlieb Professor Martin Guggenheim Open to 3L and 2L students Maximum of 8-10 students |
Spring semester 5 credits* No prerequisites or co-requisites. |
Introduction
Every state is required by federal law to investigate all allegations that children have been or are being abused or neglected. Some of these investigations lead to charges being filed in Family Court against persons legally responsible for children. A far greater number of cases, however, are not considered serious enough to bring charges, but are nonetheless officially labelled “indicated” (or “founded”). A finding that an allegation is indicated (which can be based on minimal evidence) is placed in the State Central Registry of Child Abuse and Maltreatment before the accused has any formal opportunity to contest the allegation.
Significant legal consequences flow from having indicated findings in this Registry. In addition to the stigma and emotional effects of being labeled a “child abuser,” inclusion in the Registry commonly prevents parents from obtaining or keeping employment or adopting children and therefore raises significant due process concerns. Notably, the registry system disproportionately affects people of color and the poor.
New York law permits anyone with findings against them in the Registry to challenge those findings. The law provides for several distinct grounds for amending, sealing, or expunging findings. Unless the state agrees to a request to amend and seal the record, the matter is sent to an Administrative Law Judge who is required to conduct an evidentiary hearing and issue a written decision. That decision, if unfavorable, can be appealed to the state courts. Although parents do not have a right to be represented in these proceedings, the law permits them to appear with counsel.
The Family Defense Clinic examines child welfare law and policy and offers students the opportunity to represent parents in efforts to clear records of child abuse and neglect. Emphasis is placed on critical analysis of child welfare law and practice and the development of litigation skills.
Course Description
Fieldwork
This clinic will provide significant opportunity for students to conduct contested evidentiary hearings. Moreover, the work of the clinic broadly expands the availability of vital legal services to an unrepresented community. Clinic students will represent parents in efforts to clear their records of child abuse and maltreatment. Working in pairs, under the direct supervision of the Professor, students will have primary responsibility for planning and executing all aspects of the representation, including client contact, investigation, legal research, settlement negotiation, and litigating fair hearings. Litigating these fair hearings typically involves making opening and closing statements and conducting direct and cross exams. Some cases may also involve making oral motions and legal writing.
The Seminar
The seminar will generally meet once a week for two hours. The seminar will explore child welfare law and policy, both in New York and nationally, with an emphasis on discussion of state registries of child abuse and maltreatment and the due process issues they raise. Particular attention will be paid to the role of race and class in child welfare practice. Readings will include statutes and case law, as well as articles on policy issues and lawyering skills.
The seminar will teach practical litigation skills through discussion of the cases students are handling and in-class simulation exercises. The seminar also will be used to discuss ethical and systemic issues that arise in students' cases.
Administrative Information
The seminar will generally meet once a week for two hours, but an additional two hour meeting will be held in each of the first couple weeks of the semester.
Application Procedure
Students should submit an application, résumé and a transcript online via CAMS. Applicants may be contacted by Yvette Bisono for an interview with Christine Gottlieb. If you have any questions, you may telephone Ms. Bisono at (212) 998-6177 or contact her by email at yvette.bisono@nyu.edu.
Student Contacts
Students are encouraged to speak with current members of the clinic. The following law students are members of the 2008-09 clinic:
| Andy Artz Holly Beck Faith Bekermus Emily Bloomenthal Michera Brooks Chas Budnick |
Russell Crane Zac Franz Aylese Kanze Susanna Mitchell Sarah Stoller |
| Students should also feel free to contact the professors who teach the clinic (currently Martin Guggenheim and Chris Gottlieb) if they have any questions or wish additional information. They can be reached respectively at (212) 998-6460 and (212) 998-6673. | |