In a recent podcast, we talked about case plans and ways children’s attorneys can make reunification and permanency more likely for their clients. We wanted to say more about how important visitation is to reunification and how to use the case plan to make it happen.
In our experience, visitation is a lifeline. When visits happen frequently, kids feel more secure, and parents are more motivated. In our jurisdiction, we’re fortunate that frequent visitation is the expectation in every case - we're talking a minimum of three times a week, sometimes more for the littlest ones. Getting this frequency wasn't easy. We had to go to court over and over, address it in stakeholder meetings, and advocate for our clients despite resource limitations. Sometimes we had to get creative, like calling in extended family or tapping into community resources. Ultimately, the system bent to accommodate it, but it did not break.
We realize that this can be a heavy lift in many areas. Our work in different jurisdictions has taught us that in many courtrooms, the state agency has been successful in ingraining their limitations into the very culture of the courtroom. So asking for 3 visits a week could sound like you are asking the agency to buy the parents a cyber truck for transportation. And yes, it is important to be cognizant of your state's limited resources, but it is also necessary to keep in mind that some of these limitations are not the judicial branch's problem.
Getting frequent visitation as part of the case plan makes it easier for you - and your judge - to enforce it.
The judicial branch needs to protect the child and the family's integrity and their rights. If the judicial branch does not properly perform its function, then the executive branch will never go back to the legislative branch and say "we need more resources for visitation." Looking at this from a macro level, you can see the vital role a child's attorney plays in improving the child welfare system. At the micro level, research shows every battle you win for visitation increases your client’s chances of going back home. So, if you can get it in the case plan, its easier for you and your judge to enforce it. Like many fights in child welfare – it might not be easy, but it will be worth it for your clients.
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