“The children’s rights community celebrates the Supreme Court decision upholding the Indian Child Welfare Act,” said Allison Green, Legal Director of the National Association of Counsel for Children. “This decision protects children’s rights, helps judges make informed decisions, and respects tribal self-determination.”
Justice Barrett delivered the majority opinion. Justice Gorsuch delivered a concurring opinion contextualizing ICWA as a response to the brutal history of mass removal of Native families by state officials and private parties and the devastating effects that the dissolution of the Native family has on parents and children alike.
Last year, the National Association of Counsel for Children and 31 children’s rights organizations across the United States joined an amicus brief in this case. The brief argued that ICWA safeguards the constitutional rights at stake in child welfare proceedings for Native American/Alaska Native children, including protecting families from unwarranted state intervention and preserving the constitutional right to family integrity. The brief further argued that ICWA aligns with state courts’ efforts to serve the best interests of Native American/Alaska Native children and to gather critical information to support sound judicial decisions.
The Protect ICWA Campaign, made up of the National Indian Child Welfare Association, the National Congress of American Indians, Native American Rights Fund, and the Association on American Indian Affairs—released the following statement in response to the Supreme Court’s decision in the Haaland v. Brackeen case:
“We are overcome with joy that the Supreme Court has upheld the Indian Child Welfare Act (ICWA), which is widely regarded as the gold standard of child welfare. To fully understand the implications of this decision, we are conducting a thorough legal review and will provide in-depth analysis this afternoon.
One thing is certain: ICWA is crucial for the safety and well-being of Native children and families and the future of Native peoples and Tribal Nations. The positive impact of today’s decision will be felt across generations.”
We applaud the decision today, and are available for interview or comment.
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National Indian Child Welfare Association (NICWA) works to support the safety, health, and spiritual strength of American Indian and Alaska Native children along the broad continuum of their lives. We support tribes in building the capacity to prevent child abuse and neglect through positive systems change at the state, federal, and tribal levels. We are the most comprehensive source of information on American Indian and Alaska Native child welfare.
Founded in 1977, the National Association of Counsel for Children is a non-profit professional membership and advocacy organization dedicated to advancing justice for children, youth, and families. NACC provides programs, training, certification, and resources that improve the quality of legal representation for children, parents, and agencies; supports a community of dedicated professionals and helps attract and retain diverse talent in the children’s legal advocacy profession; and advocates for policies that advance children’s rights, including the right to counsel. https://www.naccchildlaw.org/ and on social media @NACCchildlaw
Juvenile Law Center fights for rights, dignity, equity, and opportunity for youth. We work to reduce the harm of the child welfare and justice systems, limit their reach, and ultimately abolish them so all young people can thrive. For more information about Juvenile Law Center’s work, visitwww.JLC.org.
Public Counsel has worked with communities and clients for over fifty years to create a more just society through legal services, advocacy, and civil rights litigation. Public Counsel is committed to removing legal barriers for children, youth, families and communities of color most impacted by racism and economic injustice. In our work with children and families, we see how the long reach of the child welfare system separates children, both formally and informally, from their families, communities, and culture–creating trauma that reverberates through generations. For more information about Public Counsel’s work, visit Public Counsel | Pro Bono Law
The National Center for Youth Law centers youth through research, community collaboration, impact litigation, and policy advocacy that fundamentally transforms our nation’s approach to education, health, immigration, foster care, and youth justice. Our vision is a world in which every child thrives and has a full and fair opportunity to achieve the future they envision for themselves. For more information, visit www.youthlaw.org.
Youth Law Center is a national civil rights firm that works for and in collaboration with young people to transform youth serving systems so that every child and youth can thrive. For more information, visit ylc.org.
Children’s Rights is a national advocacy organization dedicated to improving the lives of children living in or impacted by America’s child welfare, juvenile legal, education, and healthcare systems. We use civil rights impact litigation, advocacy, and policy expertise, and public education to hold governments accountable for keeping kids safe and healthy. Our work centers on creating lasting systemic change that will advance the rights of children for generations. For more information, please visit childrensrights.org.
Flash Sale: 25% Off Organizational Memberships
NACC offers 25% off Organizational Memberships through June! Join or renew now and get all of the benefits of organizational membership–including conference discounts!
Review the sale prices, instructions on how to join/renew, and information regarding the 46th Annual NACC Conference.
Organizational memberships are tiered by the number of users in your organization. CWLS and Students receive a free membership and should not be included in your team’s roster.
Example of conference discounts organizational members receive:
Annual Activities: Non-Member Pricing
Annual Activities: NACC Member Pricing
5 Webinar Registrations: $45 x 5 = $225 5 Red Books: $199 x 5 = $995 (plus shipping) 5 Red Book Training Course Registrations: $300 x 5 = $1,500 Early-bird Conference Registration for a team of 5 (dual reg.): $675 x 5 = $3,375
Annual Activities = $6,095
5 Webinar Registrations: FREE 5 Red Books: $149 x 5 = $745 (plus shipping) 5 Red Book Training Course Registrations: $225 x 5 = $1,125 Early-bird Conference Registration for a team of 5 (dual reg.): $475 x 5 = $2,375
Annual Activities= $4,245
Savings of $1,850
Plus free access to monthly webinars, the NACC conference library, and even more benefits for your team members!
June Policy Updates
Counsel for Kids Update! Due Process for Montana’s Children
On May 19, Montana Governor Gianforte signed Senate Bill 148 guaranteeing the right to counsel for children in abuse and neglect court proceedings. This follows the signing into law of House Bill 555 on April 20 that requires the director of the Office of the State Public Defender to establish training and practice standards for children’s lawyers. HB 555 also requires the child protection agency to leverage and maximize Title IV-E funds for children’s legal representation. Together these bills, effective October 1, construct the framework for high-quality legal service delivery.
NACC Asks Congress to Support Legislation for Children and Families
Ohio Child Welfare Law Sessions and Courses – 2023
Thank you for your interest in NACC’s 2023 Ohio child welfare law sessions and courses. These training sessions are offered to you at no cost and are funded by grants from the U.S. Dept. of Health and Human Services to the State of Ohio and are provided as a strategy to support and increase high-quality legal representation for children and parents in child service proceedings in Ohio.
Red Book Training Course – Summer and Fall Courses The Red Book Training Course is an exciting opportunity for practitioners to brush up on their knowledge of federal child welfare law and learn tips to enhance their representation of children, parents, or the agency. The course covers major dependency practice competency areas and includes exam preparation strategies and tools for those intending to become certified Child Welfare Law Specialists. The material covered in the course is drawn from Child Welfare Law and Practice: Representing Children, Parents, and Agencies in Neglect, Abuse, and Dependency Cases (4th Edition).
Ohio Pre-Petition Webinar (September 12)
NACC, in partnership with the Children and Families section of the Supreme Court of Ohio, will host a webinar on pre-petition legal representation on September 12, 2023, from 12-1:30pm ET. This webinar will increase the awareness of Ohio child welfare professionals about pre-petition representation in child welfare cases. Attendees will learn the types of legal issues pre-petition legal representation can address, the benefits and positive impact of pre-petition legal representation, including preventing removal, and how to effectively deliver pre-petition legal representation. The webinar will also discuss the state of pre-petition representation in Ohio, including lessons learned.
High Quality Legal Representation: Practical Skills for Child Welfare Attorneys
NACC, in partnership with the Children and Families section of the Supreme Court of Ohio, will host a four-part webinar series on Wednesdays – October 4, 11, 18, and 25 from 3-4:30 ET. The webinar series will focus on practical skills for providing high-quality legal representation of parents, children, and the agency in Ohio child welfare cases. See agenda.
CLE Information
The Summer Red Book Training Course (RBTC) has been approved by the Supreme Court of Ohio Commission on Continuing Legal Education for a maximum of 12.0 hours of CLE credit (0.0 hours of Professional Conduct credit). NACC will be seeking CLE accreditation for the Fall RBTC (12.0 hours), the Pre-Petition Webinar (1.5 hours), and the High Quality Legal Representation: Practical Skills for Child Welfare Attorneys (6.0 hours) – updates will follow when available. NACC will report credits at the conclusion of each course and on a monthly basis for sessions viewed on-demand through 12/31/2023. Credits will be reflected on your transcript within a month of course conclusion or, for on-demand viewing, by the end of the month following the month you viewed the session. (Please note: NACC only has the ability to report CLEs for attorneys and judges who include their attorney registration number when signing up. If you do not have an attorney registration number, you will need to report your own credits to your CE authority.) For CLE questions, please contact [email protected].
Signup for the NACC’s 2023 child welfare law sessions and courses.
2022 Ohio Child Welfare Law Training Series – Recordings Available
In October 2022, the NACC presented a 4-part webinar series: Child Welfare Law, Advocacy, and Practice for Ohio Attorneys and Professionals Serving Ohio Families. This training series was designed for Ohio attorneys who represent children, parents, and the agency; Juvenile or Family Court Staff; Children’s Services Staff; or any community professionals that want to learn more about child welfare law. The session focused on practice tips, hypothetical case studies, and polls, grounded in Ohio law, to share knowledge, skills, and best practices aimed at promoting high quality representation in Ohio child welfare cases. Recordings of the four 90-minute webinars are available at no cost to interested Ohio practitioners.
CLE Information
This program been approved by the Supreme Court of Ohio Commission on Continuing Legal Education for a maximum of 6.0 hours of CLE credit including a maximum of 0.0 hours of Professional Conduct credit. NACC will report CLEs on a monthly basis for sessions viewed the prior month. (Please note: NACC only has the ability to report CLEs for attorneys and judges who include their attorney registration number when signing up. If you do not have an attorney registration number, you will need to report your own credits to your CLE authority.)For CLE questions, please contact [email protected].
These training sessions are being offered to you at no cost and are funded by grants from the U.S. Dept. of Health and Human Services to the State of Ohio and are being provided as a strategy to support and increase high-quality legal representation for children and parents in child service proceedings in Ohio.
Signup for the NACC’s 2022 Ohio Custom Training Series recordings. Foundational material for those interested in NACC’s next Ohio Training Series.
Call for Nominations: 2023 NACC Promoting Excellence Awards
Mission
The mission of the National Association of Counsel for Children advances children’s and parents’ rights by supporting a diverse, inclusive community of child welfare lawyers to provide zealous legal representation and by advocating for equitable, anti-racist solutions co-designed by people with lived experience. A cornerstone of NACC’s Strategic Plan is Promoting Excellence in legal representation.
The Awards
NACC’s Promoting Excellence Awards are presented annually to individuals and institutions making significant contributions to the rights and well-being of children and families through high-quality legal representation. NACC invites nominations for individual attorneys, organizations, and law students who demonstrate excellence in their advocacy efforts for children and families.
This year, award nominations will be considered in four categories (see criteria on the next page):
Outstanding Legal Advocate
Outstanding New Lawyer
Outstanding Children’s Law Office/Agency
Outstanding Law Student
Please see considerations for award selection prior to submitting your nomination.
The awards will be presented in person and virtually during NACC’s 46th National Child Welfare Law Conferences, August 11, 2023, and September 22, 2023. The awardee need not be present to win, but each award includes one free dual-conference registration (onsite in Minneapolis and online). NACC will cover hotel expenses for the Outstanding Law Student Awardee.
Call for Nominations
Nominations are submitted by a letter of nomination (2 pages maximum) from the nominating individual or by self-nomination, which may be submitted with supplemental nomination letters, media reports, and/or other supporting documentation (all documents must be combined in a single PDF).
2023 Promoting Excellence Award Selection Considerations:
Outstanding Legal Advocate Award
Nominee has demonstrated excellence in legal representation and/or policy advocacy throughout their career in child welfare which helps to elevate standards of practice in their community. High-quality legal representation includes knowledge of the law and legal procedure, social sciences and interdisciplinary matters, and zealous advocacy skills; and/or
Nominee has demonstrated dedication to client-centered practice and advancing equity and justice, including a demonstrated commitment to culturally humble, anti-racist representation, and an awareness of issues impacting youth who are disproportionately represented in the child welfare system; and/or
Nominee’s contributions have significantly promoted the legal rights, well-being, and opportunities of individuals in the child welfare system; and/or
Any other relevant information to be considered.
Outstanding New Lawyer Award
Nominee has practiced law in child welfare on behalf of children, parents, and or agencies for five years or less; and
Nominee has demonstrated excellence in legal representation or policy advocacy on behalf of children, parents, and/or agencies in the child welfare system (see above definition of high-quality legal representation); and/or
Nominee has demonstrated dedication to client-centered practice and advancing equity and justice, including a demonstrated commitment to culturally humble, anti-racist representation, and an awareness of issues impacting youth who are disproportionately represented in the child welfare system; and/or
Nominee has demonstrated early leadership and initiative in advancing excellence and equity in child welfare law, practice, and/or policy in their community; and/or
Any other relevant information to be considered.
Outstanding Children’s Law Office/Agency Award
Nominee has demonstrated excellence in law office/agency practice and management on behalf of children in the child welfare system;
Nominee exemplifies best practices for organizational representation as described in the Children’s Law Office Handbook, including multi-disciplinary representation and engaging peer advocates and young people with lived experience in the child welfare system;
Nominee has demonstrated leadership, influence, and impact in children’s legal advocacy and in child welfare law in their community/state;
Nominee has demonstrated a commitment to race equity and anti-racism in the office/agency’s internal practices and programming, as well as in child welfare law in their community/state;
Any other relevant information to be considered.
Outstanding Law Student Award
Nominee has demonstrated excellence in advocacy efforts for children and families during law school;
Nominee has demonstrated dedication to client-centered practice and advancing equity and justice, including a demonstrated commitment to culturally humble, anti-racist representation, and an awareness of issues impacting youth who are disproportionately represented in the child welfare system; and/or
Nominee has demonstrated early leadership and initiative in engaging in child welfare law, practice, and/or policy in their community; and/or
NACC’s annual 25% off individual membership sale is on now through the end of May. Join the NACC community or renew your membership to add on a full 12 months of membership. Review the steps to join and all member benefits below! (Note: This sale does not apply to CWLS or Student members who receive a complimentary membership.)
New: Auto-Renew and Monthly Payments
NACC is now offering monthly payments for membership dues – split the annual cost in 12 payments! You can select either annual or monthly payments when selecting your membership to purchase. Additionally, NACC now has auto-renewal for your membership! Auto-renewal ensures you won’t have to keep track of your expiration date and enables you to always have access to your member benefits.
How to Join/Renew:
If you are a member, log in to your profile first!
Select the membership level, auto or manual renewal, and your billing cycle (annual or monthly).
On the next page, apply the coupon code SPRINGSALE23 to receive 25% off of your membership dues.
Proceed through the checkout process and complete your membership join/renewal!
Member Benefits
Monthly Member Webinars. NACC Members can join our monthly member webinars live or access the recordings later on our website. See pending and past webinar.
Monthly Newsletters. Every month NACC produces The Advocate, which includes policy updates, partner news, in addition to NACC news and events.
Quarterly Law Journal. Every quarter NACC publishes The Guardian. Newly updated, the journal includes feature articles, relevant research, practice tips, youth perspectives, and law office profiles. Prior issues and articles available as resources.
National-Listserv and Directory. NACC’s national listserv and state listservs provide practitioners an opportunity to share resources and make connections. Connect with practitioners from across the country. New directory coming soon!
Discounts on NACC’s 46th National Child Welfare Law Conference in Minneapolis. Whether you join us in Minneapolis or online, enjoy NACC’s member conference discounts.
NACC Releases Policymaker’s Guide to Counsel for Kids
On April 26, NACC released Seen, Heard, and Represented: A Policymaker’s Guide to Counsel for Kids. The guide highlights five top priorities for policymakers and includes model legislation for legislators to adopt in their state. It also describes untapped and underutilized funding, such as federal title IV-E dollars, to provide counsel for kids and details how investing in justice for children can save taxpayer’s money. Read NACC’s press release and The Imprint’s article on this cornerstone document.
Illinois, Mississippi, & Montana Lawmakers Advance Children’s Right to Counsel
Illinois Senate Bill 1478 would guarantee a client-directed attorney for youth in any abuse or neglect proceeding and establish the Due Process for Youth Oversight Commission to oversee implementation. The Senate unanimously passed the bill on March 24 and awaits hearing in the House Judicial Civil committee.
MississippiHouse Bill 1149 will require the appointment of an attorney for a child at all stages of an abuse or neglect proceeding and will also ensure the child is a party to the proceeding. The bill permits the guardian ad litem attorney to serve in a dual role if no conflict of interest is present. Governor Reeves signed the bill on April 19.
Montana House Bill 37 and Senate Bill 148 would require the appointment of legal counsel for any child subject to abuse and neglect court proceedings, notwithstanding the appointment of a guardian ad litem. The House Speaker signed HB 37 on April 22 after the House and Senate approved it. The Senate approved SB 148, and the House amended the bill and returned it to the Senate. Those amendments await concurrence from the Senate. House Bill 555 will establish practice standards for children’s attorneys and require the state to maximize use of Title IV-E of the Social Security Act funds for children’s legal representation. Governor Gianforte signed it on April 20.
NACC Opposes Florida House Bill 875 and Senate Bill 1384 that would take away the already narrow guarantee of counsel for children with special needs in state custody and move the state model further from best practice. The Children, Families, and Seniors subcommittee (3/15), House Civil Justice subcommittee (4/4), Appropriations (4/12), and Health and Human Services Committee (4/17) approved HB 875 and the House took it up in late April. The Senate Children, Families and Elder Affairs committee approved SB 1384 but the Senate has not set additional committee hearings. The Florida legislative session adjourns May 5.
Amicus Update – NACC defends children’s access to gender-affirming care
NACC joined partners in an amicus brief in the case of PFLAG v. Abbott opposing child abuse investigations of children who receive gender-affirming care. It advances the same arguments NACC made in the amicus brief filed in Doe v. Abbott.
Webinar Form
NACC seeks presenters for its monthly webinar series.
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2023 COVID Practices
NACC is mindful of the health and safety of all attendees at the 46th National Child Welfare Law Conference in Minneapolis.
NACC currently does not require proof of vaccinations, waivers, or masks at any of our onsite events. However, circumstances and public health recommendations can change, and it may be necessary to adhere to new mandates required by the hotel, city, or state. We will keep all attendees updated on any changes that may impact the conference.
NACC will have hand sanitizer and disposable masks available throughout the conference. In addition, we ask all attendees who are feeling unwell or experiencing any COVID-19 symptoms to kindly not attend the conference.
