Attorney

This Position is EXEMPT from the State of Delaware Merit System

Recruitment #020223-MXAF01-21800

Summary Statement

The Office of the Child Advocate (OCA) is an agency within the judicial branch, charged with safeguarding the welfare of Delaware's children. It accomplishes this mission through advocacy, education, collaboration and evaluation with a vision of safe and resilient children with supportive families.  It has 30 full-time employees, six casual/seasonal employees, nine contractors and over 400 volunteers. OCA operates out of all three counties.  OCA’s Legal Services Division represents approximately 600 children in or who have aged out of DSCYF custody through appointment of Child Attorneys and Court Appointed Special Advocates with support from Program Coordinators.  OCA’s Office of the Investigation Coordinator (IC) monitors over 1,200 serious child abuse cases and leads the multidisciplinary team case reviews.  OCA’s Policy and Training Division provides intensive reviews of serious child abuse cases, manages youth in transition programs, coordinates child welfare trainings, generates child welfare data and staffs the Child Protection Accountability Commission (CPAC).  Administrative support is provided to all divisions through leadership, managers, and support staff.

OCA’s Legal Services Division, through the representation of children, furthers OCA’s goals to:

  • Provide a voice for children to achieve permanency and justice, and to improve laws and policies that affect children and their families
  • Foster a communicative multi-disciplinary team that builds trust and respect amongst members with a shared goal of improving outcomes for children and families
  • Ensure accountability by examining child welfare data, laws, and policies
  • Develop quality training to increase professional expertise and public awareness, and facilitate access to resources and opportunities for youth

Within the OCA Legal Services Division, OCA’s Deputy Child Advocates (DCAs), assisted by Family Crisis Therapists, or OCA Program Coordinators and CASA Volunteers, represent children in DSCYF Custody Proceedings by conducting an independent investigation, completing discovery, preparing pleadings, developing and maintaining a relationship with the child client, and collaborating with the OCA Legal Team to achieve permanency for children.  The DCAs also supervise law clerks, conduct trainings, and serve on policy and legislative committees to improve the legal system on behalf of children.


Preferred Qualification

  1. Knowledge of the child welfare system and Family Court proceedings.
  2. Prior representation of a child, agency or parent in Family Court.

Essential Functions

The Deputy Child Advocate in conjunction with a Family Crisis Therapist or an OCA Program Coordinator and a CASA Volunteer represent children in DSCYF Custody Proceedings. The Deputy Child Advocate has the following duties:

  • Provide legal representation to children as a Child Attorney in DSCYF Custody proceedings by conducting an independent investigation which shall include, but not be limited to, interviews, observations of the child and relevant individuals, as well as a review of all relevant records and reports.
  • Conduct discovery, prepare and file pleadings, respond to pleadings filed, consult with the attorneys or other parties in the case, prepare for hearings, present evidence to the Court, and participate in all depositions, negotiations, conferences, hearings, related proceedings, and appeals.
  • Consult with the Family Crisis Therapist or Program Coordinator and CASA on each child regularly, and prior to every Court hearing.  Debrief with all members of the team after every Court hearing.
  • Provide copies of all case-related documents and correspondence to the Program Coordinator and CASA volunteer in a timely manner, including Court dates and Court Orders/ outcomes.
  • Ensure regular contact with each child client, considering the age and developmental needs of the child in determining the person, frequency, and circumstances of the contact. Absent good cause, the DCA should have contact with older youth (age 10 or older) between hearings.
  • Explain to the child, considering the child’s ability to understand the proceedings, the duties of the Child Attorney, the role of the Court Appointed Special Advocate (CASA), and the rights of the child.
  • Ensure that any age-appropriate child is afforded the opportunity to come to Court, and meaningfully participate in the Court hearing, using the Youth Involvement in Court tools to facilitate participation.
  • Appear, when needed, on behalf of a child in related Court proceedings, and apply and advocate for services, including those from the Violent Crimes Assistance Program.
  • Lead discussion on Extended Jurisdiction with youth and obtain youth’s consent if it is desired by the youth.
  • Provide direct legal representation to young adults between 18-21 years who choose to extend Family Court’s Jurisdiction by filing the Petition and submitting order of appointment, ensuring the youth receives Court notices and orders and remind youth of upcoming Court hearing, ensuring monthly contact with youth, maintaining contact with the Independent Living providers and identify any haps in services, and attending all Court hearings.
  • Assist the Child Advocate and the Chief of Legal Services in examining and developing policies, procedures and programs of public education, training and legislative advocacy to secure and ensure the legal, civil and special rights of children.
  • Assist with and attend local and national trainings, meetings and seminars as requested.
  • Represent the Office of the Child Advocate on committees, task forces and workgroups that impact the legal representation of children as needed. 
  • Assist OCA in staffing the Child Protection Accountability Commission as well as participating in the work of the Commission.  Complete other legal representation projects and committee assignments as needed.
  • Participate meaningfully in regular supervision with the Chief of Legal Services.  Maintain current records and statistical data on all legal services.
  • Comply with all statutes, rules and directives pertaining to the legal representation of a child. Continually review and update personal knowledge and understanding of State and Federal law, rules and regulations that impact legal representation of children, and research legal issues as requested by OCA.
  • Comply with all operational policies, procedures and guidelines established by the Office of the Child Advocate and applicable to OCA Child Attorneys.

Job Requirements

  1. Licensed to practice law in the State of Delaware.
  2. Experience working with volunteers, professionals, or community advocates.
  3. Strong commitment to the essential needs and welfare of children.
  4. Knowledge of interviewing to obtain facts, explore issues and identify a course of action.
  5. Ability to communicate courteously and effectively, both verbally and in writing.
  6. Ability to prioritize work and manage time effectively.
  7. Possession of a valid Delaware Class D driver’s license or its equivalent.
  8. Willingness and ability to travel between Kent and Sussex Counties for Court hearings, and to travel statewide (as needed) to meet with clients.

Additional Posting Information

The location for this position can be located in either Kent County (Dover, DE) or Sussex County (Georgetown, DE). Kent County is the preferred location.

Conditions of Hire

  • A satisfactory criminal background check and child protection registry check is required as a condition of hire.
  • Direct deposit of paychecks is required as a condition of hire.

Accommodations

Accommodations are available for applicants with disabilities in all phases of the application and employment process.  To request an auxiliary aid or service please call (302) 739-5458. TDD users should call the Delaware Relay Service Number 1-800-232-5460 for assistance.

The State of Delaware is an Equal Opportunity employer and values a diverse workforce. We strongly encourage and seek out a workforce representative of Delaware including race, color, religion, age, sex, national origin, disability status, genetics, protected veteran status, sexual orientation, gender identity or expression.