DBA Spring/Summer Events 8+9 Annual Meeting Luncheon Registration & Sponsorship

By Misty Connors, Co-Chair DBA Juvenile Law | Connors Law Office, LLC | mistyconnors@att.net

Juvenile Law

Open GAL Positions and Other Juvenile Law Committee Matters

In case you missed it: Our colleague and co-chair Serah Siemann recently accepted a position as a magistrate in another jurisdiction. Congratulations Serah! Serah’s practice included working in juvenile court as an attorney guardian ad litem (“GAL”) in several Montgomery County Cases. Her cases included many abuse, neglect, and dependency cases which are getting reassigned to other attorneys on the GAL court appointment list.

In case you didn’t know: Attorney GAL’s in Montgomery County Juvenile Court (“MCJC”) are not volunteers. We earn $75 per hour with maximum fees of $1,200 per case. The Ohio Public Defender’s website offers particulars and guidance regarding billing the court lawfully. So does the MCJC website.1

When I got started as a GAL, I found it helpful to read an overview of the ethics cases presented by disciplinary counsel for the DBA over the past 30 years or so to help me understand common mistakes to avoid. As expected, many disciplinary issues prosecuted arise because attorneys do not properly account for the time billed. It is important to track time as you do the work. Don’t try to recreate or guess at how much time you spent working on a particular. A best practice is to develop a system to track your time and then follow it. This way, if disciplinary counsel contacts you to inquire about your billing practices, you can offer a prompt accounting of your time entries.

GALs work directly with families throughout Montgomery County as an independent investigator reporting details of interviews and an overview of services provided, and finally, a recommendation about what solution will lead the family back together, or what safe and secure options are available for the child’s permanency. We get to suggest possible solutions to family issues like parental substance abuse and addiction, unhealthy parenting practices or living environments, lack of housing, food, or child care and many, many more issues bringing local families to court.

Many court-involved families and youth start out in crisis and then overcome seemingly endless barriers to success. Sometimes it takes years for parents or other caregivers to slowly, struggle by struggle, work through the court-approved objectives outlined on their case plans. Meanwhile children await permanency and need a voice to explain to the court what they need, what they want, and what they are concerned about.

Some children are afraid of their former caregivers and worry about having to go back to them. Some children are worried about their parents and wonder if they are okay. Each of these children deserves a chance to speak to their GAL about these concerns and reassurance the GAL will accurately relate back to the court and the parties the child’s wishes and concerns.

Every year new ideas and solutions to common problems are identified to provide more understanding and support to families in crisis situations. JLC members stay informed about upcoming and recent changes to the law by attending our regular meetings. JLC committee members gather monthly from September through May to share experiences. Some examples include discussions about common questions many attorneys have, but are not sure who to ask. For example, we have discussed “What counts as an extraordinary circumstance to warrant extraordinary fees?” Attorney members shared their experiences getting extraordinary fees in a that required the GAL to watch multiple forensic interviews that were very long, the hearings were longer because the issues were contested, or the children lived out of town in five different placements.

All members of the DBA are welcome to attend and participate in our lively discussions about topics related to practicing juvenile law each month. This year, the JLC presented distinguished speakers such as Judge Anthony Capizzi and Judge Helen Wallace, Magistrate Kathleen Lenski and Todd Calaway, along with CLE credit for the juvenile law attorney certification course and a Rule 48 anti-human trafficking course.

Please feel free to call or email me with your questions about JLC. Begin enjoying one of the best benefits of being a DBA member: comradery and knowledge sharing among juvenile law attorneys.