Inside the Bar
Committees
Standing Committees
Legal Needs of Children
The scope and function of the Legal Needs of Children committee is to find ways to implement the recommendations of the Commission on the Legal Needs of Children. The committee monitors and influences the Legislative process where the legal needs of children are concerned. The committee also studies developments in this specialized area of practice of the law and keep the members of the bar informed of significant developments in this practice area through regular e-mail updates. The Committee will meet at least three times a year for its business meetings and to study current areas and to share new information in this practice area. The Florida Bar Commission on the Legal Needs of Children released its Final Report in June 2002.
Committee Materials – 2010 Midyear Meeting –
Orlando – Hilton Orlando
Agenda
Committee business for the Thursday, January 21, 2010 meeting appears in its current agenda
Minutes
Four sets of minutes from prior committee meetings need review for possible approval:
• August 26, 2009 DCF Dependency Summit
• September 10, 2009 Florida Bar General Meeting
• October 12, 2009 Conference Call
• November 16, 2009 Conference Call
Committee Legislation for the Representation of Children
The committee’s long-standing efforts to develop proposed legislation to implement the 2002 recommendations of The Florida Bar’s Commission on the Legal Needs of Children culminated in a draft bill approved by the committee on November 16, 2009 and adopted as an official legislative position of The Florida Bar by its governing board on December 11, 2009. Updates on the progress of that draft bill are expected.
Proposed Delinquency Guidelines
After several years of drafting and coordination with other groups, a LNOCC subcommittee has finalized proposed guidelines for attorneys who represent children in delinquency matters. It is hoped that the full committee might approve this draft, which should complement dependency guidelines already developed by the LNOCC and in widespread use. After any committee approval, such guidelines will be shared with the Bar’s governing board and then posted on the Bar website for greater use.
Proposed Florida Bar Certification in Children’s Law
Based on petitions showing lawyer interest in a proposed certification in children’s law, the Bar’s Board of Legal Specialization & Education has given Public Interest Law Section and the LNOCC the go-ahead to more specifically define the proposed certification area, and to prepare more detailed standards that may be ultimately codified by the Supreme Court. We expect further updates at the committee’s January 2010 meeting.
ABA Midyear Programming on Children's Issues
The American Bar Association’s Midyear Meeting will be in Orlando next month and – on Thursday, February 4 – will include a program entitled “Why Doesn’t Florida (and some other states) Provide Lawyers to All Foster Children?” The committee will receive more details on that event, to be held at the Walt Disney World Dolphin Hotel in Europe 9 / Third Level at 3:30 PM.
Shackling Issues
On December 17, 2009, the Supreme Court of Florida approved various amendments to the Rules of Juvenile Procedure, to include changes to Fla. R. Juv. P. 8.100 (General Provisions for Hearings) restricting the use of restraints on juveniles during court appearances. The amendment added a new subdivision (b) to the rule providing that restraints, such as handcuffs, chains, irons, or straightjackets, may not be used during juvenile court appearances unless the court finds that the use of restraints is necessary, based on enumerated factors, and there are no less restrictive alternatives to restraint. A full copy of the court’s opinion is provided, along with an op-ed from the Miami Herald that lauded this decision.
Recent Amendments – Fla Rules of Judicial Administration
On November 12, 2009, the Florida Supreme Court recognized the importance of permanency in the lives of foster children by amending and adopting several different rules of court while implementing various recommendations of the Commission on District Court of Appeal Performance and Accountability. LNOCC Vice Chair Alan Abramowitiz has summarized these developments in an email message, and a copy of that court opinion is also included.
Proposed Legislation of Interest
The Bar’s governmental affairs office reviews all proposed state legislation and attempts to identify every Bar committee, section or division that may be interested in any bill that is in process – to include the Legal Needs of Children Committee. Compilations of these ever-changing “2010 Bill Reports” – are arranged in separate groupings – by committee, section or division name.
These reports allow members to view and download bill text and analyses, and track the development of legislation in real time, anytime. A Bar News clip that further explains this service is also provided.
Proposed Legislation for the Legal Representation of Children
A long-standing goal of the Legal Needs of Children Committee has been the development of proposed legislation that would implement the 2002 recommendations of The Florida Bar’s prestigious Commission on the Legal Needs of Children, so that all dependent children in our state would be represented by guardians, and specific categories of dependent children would be represented by attorneys as well. Over the years, various proposals have been formulated and shared throughout the profession for consideration. The committee’s most recent efforts are manifested in a proposed bill drafted by the group in November 2009, and adopted as an official legislative position of The Florida Bar by its governing board in December of 2009.
Proposed Florida Bar Certification for Children’s Law
With the involvement of other Bar groups, the Legal Needs of Children Committee is seeking a new Florida Bar certification area for attorneys who practice in the field of children’s law. The new certification would encompass dependency, delinquency, educational and disability issues, as those issues relate to children and their needs. The minimum standards for applying for such certification are set forth in the attached petition, which we encourage attorneys to sign.
Staff Contact
Paul Hill
Agenda
[Revised:
07-01-2009
]