NYPWA 2019 Summer Conference CLE Materials

Summer 2019 Legal Track Brochure

Monday, July 15, 2019
9:00am - 10:30am
POA - Uses, Abuses, Special Proceedings and Contempt
(1.5 CLEs provided by NYPWA)

The presentation will cover an overview of the signing, use and implementation of a Power of Attorney, the potential for misuse of Power of Attorney, Adult Protective’s role in review of and obtaining an accounting, bringing special proceedings and possible contempt proceedings. The presentation will be supplemented by forms, review of case law and actual case reviews.
POA - Uses, Abuses, Special Proceedings and Contempt
POA - FAQ
POA - Fact Sheet
POA - SGR Sample
POA - Presentation


1:45pm - 3:15pm
Child Protective Services Access to Criminal History Records-How to Make It Work for You
(1.5 CLEs provided by NYPWA)
All Child Protective Services in New York State have had the ability to directly review criminal history records through E-Justice on adults named in a current hotline report or residing in the home of a child named in a current hotline report since September 25, 2008. Accessing this information can help keep CPS staff safe and help protect children. But getting set up to run criminal histories can be a daunting task, and as a result some counties have not taken advantage of the ability to access this vital information. Broome County has successfully navigated the requirements (contractual and technological), and this workshop will share their tips for making it work so all local agencies will access this information.
Executive Law 835 CPS Criminal History Access Statute
09-OCFS-LCM-10 Child Protective Services Access to Criminal History Records
Child Protective Services Personnel Access to Criminal History Records
10231 Confidentiality of Information
845-b Requests for Criminal History Information
SSL 424 (6) (c)
Section 60511 Security Privacy and Limitations on Access
Child Protective Services Access to Criminal History Records Presentation

3:45pm - 5:15pm
"You Papers, Please"-Confidentiality of Local District Records and Non-Local District Personnel
(1.5 CLEs provided by NYPWA)

The first portion of the presentation will address the local district’s obligations relative to ensuring that vendors, interns, volunteers, sub-professional staff and others maintain the confidentiality of any local district client information that they come in contact with, including not only paper records but also electronic databases. We will also be discussing Article 10 cases in which requests have been made to preclude the admission of 911 tapes pursuant to Criminal Procedure Law §160.50. The second part of the presentation will be a discussion of current confidentiality issues and questions that have been submitted for discussion.
"Your Papers, Please"-Confidentiality of Local District Records and Non-Local District Personnel


Tuesday, July 16, 2019
9:00am - 10:30am
Case Law Update on CPS and Permanency
(1.5 CLEs provided by NYPWA)

Hear the critical details on new case law in child welfare covering Abuse, Neglect, Dispositions, and Permanency Hearings.
Materials - (same for both sessions)

11:00am - 12:15pm
Case Law Update on Foster Care, TPRs, and Adoptions
(1.5 CLEs provided by NYPWA)

Hear the critical details on new case law in child welfare covering Foster Care, Terminations of Parental Rights, and Adoptions.
Materials - (same for both sessions)

1:30pm - 3:00pm
The Future of PINS: Understanding and Planning for changes to Article 7 for 2020
(1.5 CLEs provided by NYPWA)

This budget session enacted major reforms to funding and processes for youth with status offenses, including ending the option for detention, eliminating state funding, creating new short-term placement pre-adjudication options, and limiting post-adjudication options. This presentation will review the changes and the opportunities for youth and families that this reform presents.
Enacted RTA 2017
Report of Commission on Youth, Public Safety and Justice
PART K of Chapter 56 of the Laws of 2019 Enacted PINS Reform Legislation
Chapter 362 of the Laws of 2018
PINS-PowerPoint

3:30pm - 5:00pm
Affirming LGBTQ Youth in Foster Care
(1.5 Diversity, Inclusion and Elimination of Bias CLEs provided by NYPWA)

This presentation is designed for attorneys to gain an accurate understanding of ACS’ LGBTQ policy and how we apply it in our daily work. In this training, participants go through a few scenario situations to get them to test comfort levels so it’s a basis to see how our youth may feel. The goals for this training are for the attorneys to understand the key issues and needs of LGBTQ youth and families, understand and recognize the implicit and explicit biases LGBTQ youth and families face and how to prevent and combat those biases, learn the legal rights of LGBTQ people to receive equal and nondiscriminatory treatment while involved with ACS in order to ensure the safety and wellbeing of all our youth, and learn how to develop supportive and affirming environments and practices that promote the safety and dignity of LGBTQ youth while in court, in their placements, and in their services.
NY State Human Rights Law
NYC Administrative Code Title 8_Civil Rights
NYC ACS LGBTQ Policy
Worksheet_Understanding Terminology
The Gender Unicorn
Affirming LGBTQ Youth in Foster Care Presentation


Wednesday, July 17, 2019
9:30am - 11:30am

Attorneys' Meeting with OCFS Counsel

  • Pending Legislation
  • Warrants for Runaways
  • Fair Hearing Decision Access

 

CLE Information:

  • Please arrive to sessions early for CLE check-in. Attorneys must sign in and sign out of each session in order to receive CLE credit.
  • Please review and choose which documents to download to your laptop or tablet or print out and bring to the conference.
  • Attorneys must attend in person to participate and to qualify for CLEs. Both attorneys and non-attorneys must bring handouts for legal sessions if they wish to have them at the conference.
  • All sessions are approved for 1.5 CLEs in Areas of Professional Practice, except for Affirming LGBTQ Youth in Foster Care, which will receive 1.5 CLEs in Diversity, Inclusion, and Elimination of Bias.
  • All sessions are suitable for newly-admitted and experienced attorneys, except for Affirming LGBTQ Youth in Foster Care, as CLE credit in Diversity, Inclusion, and Elimination of Bias can only be granted to experienced attorneys.

 

The NYPWA Financial Assistance Policy Continuing Legal Education

The cost of CLE credits is waived for all social services attorneys who are county or NYC government employees. Attorneys may also request to have the entire conference registration fee waived based on financial hardship criteria. To apply, attorneys must submit a letter authorized by the local social services commissioner, explaining in detail why this training is essential to them and include the unique circumstances on why the agency and the attorney do not have the fiscal resources to cover the total fee. The letter should include a request for a specific discount (e.g., 25%, 50%, or 75%) based on need. Financial aid does not cover travel, hotel rooms or meals. Applications for CLE financial assistance should be sent to info@nypwa.org .