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Commission on Parental Legal Representation
Attorney Survey

Introduction

The NYS Office of Indigent Legal Services is assisting the Office of  Court Administration's Commission on Parental Legal Representation in examining the system for providing publicly-funded legal services in family court matters under Family Court Act sec. 262 ("mandated parental representation").

This survey is one of several methods the Commission is using to collect information about the delivery of mandated parental representation in the State's 62 counties. It is designed for attorneys who provide such representation pursuant to County Law Article 18-b, including individual attorneys (assigned counsel, panel,  18-b attorneys), and staff of legal aid societies, legal services organizations, and county agencies such as public defenders, conflict defenders, alternate conflict defenders, etc. The survey requests information about your experience providing mandated parental representation in the county where you had the most cases in the past 12 months.

Your answers will remain confidential. If you are interested in further assisting the efforts of the Commission and ILS to get a more nuanced picture of mandated parental representation,  please provide your contact information in the final survey question. 

The survey has 20 questions, with several opportunities to type comments.  It will probably take about 10 minutes to complete depending on how much information you choose to provide. We request that you respond to the survey by October 15, 2018. 

The survey will automatically be sent to ILS soon as you click "Done."
1.In which county did you have the most mandated parental representation cases in the past 12 months?
2.Which of the following best describes your current mandated parental representation practice?
3.In the various types of cases you handle, when are you typically notified that you have been assigned to represent a client?
Before first appearance
At first appearance
Within a week after first appearance
A week to a month after first appearance
More than a month after first appearance
N/A - don't handle these cases
Adoption (parent opposing)
Surrender of child
Guardianship
Custody/visitation (petitioner)
Custody/visitation (respondent)
Paternity (respondent)
Termination of parental rights
Contempt/willful violation Child Support (respondent)
Abuse/neglect (respondent) 
Family offense (petitioner)
Family offense (respondent)
Other
4.Please describe who notifies you that you have been assigned to a new client, and by what means are you notified (e.g., judge assigns in court, email from court clerk, phone call from supervisor)?
5.In the various types of cases you handle, how soon after you are notified that you have been assigned to a new client do you typically have your first in-person meeting with them?
On same day as assignment
Within a week of assignment
A week to a month from assignment
More than a month after assignment
N/A - don't handle these cases
Adoption (parent opposing)
Surrender of child
Guardianship
Custody/visitation (petitioner)
Custody/visitation (respondent)
Paternity (respondent)
Termination of parental rights (respondent)
Contempt/willful violation, Child Support (respondent)
Abuse/neglect (respondent)
Family offense (petitioner)
Family offense (respondent)
Other
6.Under what circumstances do you generally first meet your clients (e.g., outside of the courtroom, at my office, etc.)?
7.In your opinion, in CPS/child protective cases, assigned counsel eligible Family Court litigants should have access to counsel:
Strongly agree
Agree
Disagree
Strongly disagree
Once a CPS/child protective investigation has started 
Immediately upon removal of a child from the person's custody
Before a parent executes a surrender instrument
Before a hearing is held to determine whether to remove or continue removal of a child from the person's custody
8.In your opinion, in cases other than CPS/child protective cases, assigned counsel eligible Family Court litigants should have access to counsel:  
Strongly agree
Agree
Disagree
Strongly disagree
Before they file a petition
Before they appear in court to answer a petition filed against them
Before the first scheduled court appearance
At the first scheduled court appearance
9.In the past 12 months, approximately what percentage of your practice was dedicated to work on mandated parental representation cases (including trial and appellate level)? 
10.In the past 12 months, approximately what percentage of your mandated parental representation work involved the following types of cases?  (Your answers should sum to 100.)
11.In your opinion, what should be the maximum caseload for an attorney providing mandated parental representation?  (You may wish to discuss different maxima for different types of cases.)
12.Were any of the following required prior to you handling mandated parental representation cases? (check all that apply)
13.How great would you say your need for training is in each of the following areas?
Very great need
Fairly great need
Moderate need
Fairly low need
Low or no need
Domestic/intrafamilial violence
Immigration law in child welfare and child custody cases
Domestic Relations Law
Ethical issues in family court proceedings
Trial practice and procedure in family court proceedings
Negotiation strategies and techniques
Alternative dispute resolution
Privilege and confidentiality
Appellate practice in family court proceedings
Federal and state law in child protective proceedings
Indian Child Welfare Act and related state law
NYS Social Services agency law, regulations, policies and procedures
Trauma-informed legal representation
Implicit Bias
Dynamics of child neglect and abuse
Child development
Attachment/bonding theory
Parental engagement
Education/Special education law
Mental illness
Substance abuse
Termination of parental rights
Law practice management
14.From what sources have you received training/CLE in the past two years?
15.Please rate your need for the following to enable you to provide high quality mandated parental representation:
Very great need
Fairly great need
Moderate need
Fairly low need
Low or no need
Clerical and administrative support
Non-attorney professionals such as experts, social workers, parent advocates, etc.
Free legal research resources
Paralegal assistance
Investigators
Interpreters
Back-up support needs (e.g., research, practice advice, brief bank, etc.)
16.Please rate the need, generally, for the following to enable high quality mandated parental representation:
Very great need
Fairly great need
Moderate need
Fairly low need
Low or no need
More panel/assigned/18-B attorneys
More institutional providers
Increase in compensation for hourly and salaried attorneys 
Increase in compensation for non-attorney professionals
Independent oversight agency to coordinate resources such as training, supervision, mentoring, and access to non-attorney professional services, research assistance, and sample filings and other legal materials
Specialized panels for certain types of cases (e.g., abuse/neglect, family offense, custody/visitation, etc.)
Conflict-free, independent financial entity to provide client financial eligibility screening
17.What are your top 3 reform suggestions to improve the quality of mandated parental representation?
18.What would you most like the Commission members to know about your daily practice and outcomes for your clients?
19.How many years have you been practicing as an attorney in New York State?
20.How many years have you been providing mandated parental representation in New York State?  (Mandated parental representation is defined as free legal services in family court matters under Family Court Act sec. 262.)
21.Please provide your name, email address and telephone number if you are interested in providing additional information about your practice and ideas for reform to the Commission/ILS.
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