Strict Scrutiny: Litigating a Constitutionally Compliant TPR

“Narrowly tailored”…“Compelling government interest”…“Least restrictive means.” These aren’t just buzzwords from your law school final exams. They are key constitutional principles that undergird the analysis for Termination of Parental Rights. Whether you represent parents, children, or the child welfare agency – this webinar will assist any practitioner litigating a TPR, with a focus on ensuring that petitioned grounds, evidence, and findings pass constitutional muster.

Presenters

Chris Church, JD, CWLS – Emory University School of Law

Christopher is a Senior Clinical Fellow and Director of the Appeal for Youth Clinic at Emory University School of Law. The Appeal for Youth Clinic provides appellate representation to families involved in civil child abuse and neglect proceedings. Prior to joining Emory, Christopher was a Staff Attorney with the CHAMPS Clinic at the University of South Carolina School of Law, a pediatric medical-legal partnership. He also served as a consultant to a number of child welfare organizations such as Casey Family Programs, the Children’s Bureau’s Capacity Building Center for Courts, the ABA Center on Children and the Law, the National Center for State Courts, and NCJFCJ.

Christopher holds an MS in Mathematics from the University of North Texas and a JD from Gonzaga University School of Law. He completed his undergraduate studies at Concordia College in New York. He is licensed to practice law in Georgia and South Carolina, and was South Carolina’s first Child Welfare Law Specialist.

Josh Gupta-Kagan, JD – Columbia Law School

Josh Gupta-Kagan’s teaching and scholarship focus on legal issues affecting children and families, especially child neglect and abuse and juvenile justice law. He is a clinical professor of law and the director and founder of the Family Defense Clinic, which represents parents and other caregivers facing allegations of child neglect or abuse. In his research and writing, Gupta-Kagan addresses issues including the gaps and biases in child neglect and abuse law, the school-to-prison pipeline, and juvenile delinquency and child neglect and abuse case procedures.

After graduating from law school, Gupta-Kagan previously worked at the Children’s Law Center in Washington, D.C., and was also a professor of law at the ​​University of South Carolina School of Law, where he directed the Juvenile Justice Clinic. Prior to that, he was a staff attorney and lecturer at the Washington University in St. Louis School of Law, where he co-taught the Civil Justice Clinic.

Moderated by Allison Green, JD, CWLS – NACC Chief Legal Officer

CLE

California (60-minute hour)
This participatory activity has been accredited by the State Bar of California for a maximum of 1.5 hours of General credit for live and on-demand participation. Attorneys must sign in for CLE.

Colorado (50‐minute hour) 
This course is pending accreditation by the Colorado Board of Continuing Legal and Judicial Education for a maximum of 1.8 units of General credit for live and on-demand participation. Attorneys must sign in for CLE. Colorado is a self-report state.

Attorneys in all other jurisdictions must seek CLE accreditation individually if desired.