Coversheet

Board Action Request
18-0233

Item Description:
Establish Adult Representation Services Division to provide stability in the representation of parents in Children in Need of Protection (CHIPS) cases, phased in over the next three years reaching full complement in 2020

WHEREAS, the Hennepin County Public Defender’s Office has experienced difficulty retaining experienced attorneys for representation on CHIPs cases; and

WHEREAS, Hennepin County is statutorily responsible for funding this representation;

Resolution:

BE IT RESOLVED, that the County Administrator is directed to establish a Hennepin County Adult Representation Division as part of Public Safety Administration; and

BE IT FURTHER RESOLVED, that the Hennepin County Adult Representation Division will be created over a three year phased approach and will report to the Assistant County Administrator for Public Safety; and

BE IT FURTHER RESOLVED, that the Public Defender’s Office 2018 budgeted Property Tax and expenditure authority of $540,000 and the 2018 Contingency Property Tax and expenditure authority of $407,000 be decreased and transferred to the Hennepin County Adult Representation Division.


Background: In July 2008, the State Board of Public Defense (SBPD) discontinued providing representation to parents in Child Protection and Termination of Parental Rights (CHIPS & TPR) cases. Since that time, the funding has shifted to the counties, a decision upheld in 2010, In the Matter of the Welfare of Children J.B. and R.P; S.K.J. and J.N.T; S.L.A.J. and B.J.T., Parents. Overall Child Protection filings have increased by 25% in Hennepin County in the three years since the completion of the Casey Family Programs report. Termination of Parental Rights filings have increased 98% in the last three years with a projected increase in 2018 to be at more than 100%. In 2015, the increased filings coupled with the shift from a majority to a minority of Public Defender's Office (PDO) county employees required the PDO to request dedicated money to support CHIPS representation of parents. In 2018, the county approved $1.19 million for dedicated CHIPS funding which includes the Father’s Project and Indian Child Welfare Act (ICWA) cases. In 2017, the PDO handled more than 2,304 CHIPS cases. Of the current CHIPS cases, 81% of the clients are parents. The PDO currently has the equivalent of 17.25 full-time lawyers who represent both children and parents. The full-time contractors receive approximately $96,000 per year or $8,000 per month. The PDO has had a difficult time retaining experienced state-funded lawyers. With retirements and turnover, the PDO has lost 16 lawyers with 3 or more years of experience since late 2016. One third of these lawyers are lawyers of color. It takes time and money to hire, train and support new contractors and employees, and turnover is costly. CHIPS practice is a highly specialized legal practice requiring lengthy training and a high level of legal skill. Most importantly, CHIPS defense is vital to ensure that clients receive due process. The removal of a child from his or her parents has a life-changing impact on families. This has particularly impacted poor and diverse communities in Hennepin County and compounds the issues in Child Protection. By creating this stand alone division, the best interest of the child and parents will be ensured and result in timely resolution of complex cases.


Recommendation from County Administrator: Recommend Approval